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JANUARY 5, 2016 AGENDACITY COUNCIL MAYOR WILLIAM 1). SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Hayside - District 4 M BENJAMIN DA FENPORT, At Large ROBERTM DYER, Centerville - District I BARBARA Al. HENLEY, Princess Anne District 7 SHANNON DS KANE, Rose Hall - District 3 JOHN D. MOSS, At Large AMELIA ROSS-HAk1MOND, Kempsville - District 2 JOHN H. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - INTERIM DOUGLAS I. SMITH CITY A 7TORNEY - MARK D. STILES CITY ASSESSOR -JERALD D. BANAGAN CITY A UDITOR - L YNDON S. REMIAS CITYCLERK RUTHHODGESFRASER,MMC 11 III CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 5 January 2016 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER'S BRIEFINGS - Conference Room - A. UNMANNED AERIAL VEHICLE (UAV) INITIATIVE Tony Zucara, Deputy Chief — Police B. PENDING PLANNING ITEMS Barry Frankenfield, Director CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION CITYHALL BUILDING! 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov. corn 2:00 PM 3:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Rodney Vickers, Pastor Azalea Garden Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSIONS 1. CLOSED INTERVIEW SESSION 2. CLOSED CITY COUNCIL SESSION F. MINUTES 1. CLOSED INTERVIEW SESSIONS 2. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Beach Fitness Park 3 91h - 40th Streets 1. ORDINANCES/RESOLUTIONS December 10, 2015 January 5, 2016 December 2, 4, 7, 2015 December 8, 2015 1. Ordinance to AMEND Section 35-182 of the City Code re Admissions Taxes to exempt events benefiting charitable organizations 2. Ordinance to AUTHORIZE acquisition of property within the Southeastern Parkway and Greenbelt alignment from the Living Trusts of U. T. and Yvonne S. Brown; and, further AUTHORIZE the City Manager to enter into the appropriate Agreement 3. Resolution to AUTHORIZE ISSUANCE and SALE of $125,000,000 in General Obligation Public Improvement and Refunding Bonds 4. Resolution to REQUEST support of the Virginia Beach Congressional Delegation to include the Lynnhaven River Basin Ecosystem Restoration Project in the Army Corps of Engineers FY - 2016 Work Plan as a Top Priority New Start Construction Project; and, AUTHORIZE City Council's cost -share in the restoration 5. Ordinance to AUTHORIZE an Agreement re construction and dedication of the "Hillier Ignite Fitness Park" at 401h Street, Oceanfront 6. Resolutions to REQUEST the Virginia General Assembly: a. LEGISLATE regulations re internet based peer-to-peer hospitality services b. DIRECT a $25 -Million Tobacco Regional Revitalization Commission appropriation to Hampton University re cancer care and treatment 7. Ordinance to ACCEPT, APPROPRIATE and TRANSFER: a. $200,000 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to Human Services b. $352,885 from the Reserve for Contingencies to the General Registrar re the Presidential Primary Elections on March 1, 2016 J. PLANNING GRACE BIBLE CHURCH for Modification of a Conditional Use Permit re a Religious Use (approved August 28, 2012) to renovate and make additions at 2956 Ansol Lane DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 2. TED TIGNOR for an Enlargement of a Nonconforming Use for an addition at 501 Carolina Avenue DISTRICT 6 —BEACH RECOMMENDATION: Us] "M 3. THE UNITARIAN CHURCH OF NORFOLK and SKANSKA USA CIVIL SOUTHEAST INC for a Conditional Use Permit to relocate their church at 809 South Military Highway DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 4. SANTIAGO LIVARA, III and SLACSCAR, LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 5. WAVE RIDING VEHICLES and LES SHAW for alternative compliance to the Form Based Code re manufacturing, fabricating, wholesaling and distribution at 609 19 1h Street — ViBe Creative District DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 6. PRINCESS ANNE MEADOWS, LLC / FIVE MILE STRETCH ASSOCIATES, LLC; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, and ROBERT C. SETZER; LOLITA C. ARLAR, and E.S.G. ENTERPRISES, INC for a Conditional Change of Zoning from AG- I and AG -2 Agricultural to Conditional R- 10 Residential at Princess Anne Road and Tournament Drive re eighty (80) single-family dwellings (deferred December 8, 2015) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 7. AMEND Section 242.1 of the City Zoning Ordinance (CZO) re Tattoo Parlors and Body Piercing establishments RECOMMENDATION: K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD — CSB HAMPTON ROAD ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION - RAC TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT APPROVAL 115115 st/jb PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2016 CITY COUNCIL MEETINGS Tuesday, January 12 Workshop Tuesday, January 19 Formal Session Tuesday, January 26 Workshop Tuesday, February 2 Formal Session CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center Monday, January 18 February 4-5, 2016 8:30 AM to 5:00 PM 2 016 CITY HOLIDA YS Martin Luther King, Jr. Day MAYOR WILLIAM D. SESSOMS, JR. PRESIDING 1. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. UNMANNED AERIAL VEHICLE (UAV) INITIATIVE Tony Zucara, Deputy Chief — Police B. PENDING PLANNING ITEMS Barry Frankenfield, Director 11. CITY COUNCIL LIAISON REPORTS 111. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Rodney Vickers, Pastor Azalea Garden Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSIONS 1. CLOSED INTERVIEW SESSION 2. CLOSED CITY COUNCIL SESSION F. MINUTES 1. CLOSED INTERVIEW SESSIONS 2. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA December 10, 2015 January 5, 2016 December 2, 4, 7, 2015 December 8, 2015 H. PUBLIC HEARING LEASE OF CITY PROPERTY Beach Fitness Park 39'h - 40th Streets R E S I D E' N C E S �,Of _41k Members of Virginia Beach City Council December 14, 2015 Dear Council Members, The Board of Directors of the Virginia House Beach Corporation on behalf of our 72 residents express our serious concerns to the proposed "Hiller Fitness Park" aka "Muscle Beach" proposed at 40th Street. We strongly oppose the proposal to implement a fitness area on the beach that is 200 feet wide at low - tide and much smaller at high -tide for the reasons listed below: 1. The project could become a serious hindrance for lifesaving and rescue service crews, especially at high tide by impacting the space available for response. I d S lutions like port -a- 2. Public Orking and resti'oonifacilitit-s are rtone'xistent and ri0t fal-Up-cSe . So potties located on our pristine beach will deter residents and tourists both visually and as a result of their unpleasant odor. 3. Furthermore, we are not aware of the City of Virginia Beach or the US Army Corps of Engineers conducting any Environmental Impact Analyses to gauge the short-term and long-term impacts on the eco -system and environment. 4. The project focuses on a very specific demographic (and activity) thereby jeopardizing the beach experience, especially for residents with children. 5. The fitness park will have a negative effect on our most important natural resource. The unfettered natural beach is the future of Virginia Beach's success in this largely residential section of the City. We believe that the City of Virginia Beach owes its citizens disclosure of long range plans for our area. We do not wish to over -run a residential area with public facilities that may destroy the peaceful beach that we now enjoy. We have not had adequate time/ opportunity to provide input on such a plan. We believe that it is the duty of elected officials to protect our existing residents and our beautiful beach. Therefore, we urge this City Council • to review the proposal in greater detail as referenced above • to conduct due diligence and Environmental Impact Analyses and • to engage in dialogue with current residents who are most affected before reaching a decision. Respectfully, Printed Name Signature 1�_T VIRGINIA HOUSE R E S I D E N C E S 0* 3810 ATLANTIC AVENUE :tk1Z?_ VIRGINIA BEACH, VA 23451 PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on January 5, 2016 in the City Council Chamber regarding the proposed construction and dedication of fitness park lease of city -owned property located at the following location: Sand beach property IGPIN- 2428037116) located between 391� and 4011 Streets The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above -referenced franchise should be directed to Mike Eason, SGA/Resort Management Office, by calling (757) 385-4800. Ruth Hodges Fraser, MMC City Clerk BEACON: December 27,2015 1. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-182 of the City Code re Admissions Taxes to exempt events benefiting charitable organizations 2. Ordinance to AUTHORIZE acquisition of property within the Southeastern Parkway and Greenbelt alignment from the Living Trusts of U. T. and Yvonne S. Brown; and, further AUTHORIZE the City Manager to enter into the appropriate Agreement 3. Resolution to AUTHORIZE ISSUANCE and SALE of $125,000,000 in General Obligation Public Improvement and Refunding Bonds 4. Resolution to REQUEST support of the Virginia Beach Congressional Delegation to include the Lynnhaven River Basin Ecosystem Restoration Project in the Army Corps of Engineers FY - 2016 Work Plan as a Top Priority New Start Construction Project; and, AUTHORIZE City Council's cost -share in the restoration 5. Ordinance to AUTHORIZE an Agreement re construction and dedication of the "Hillier Ignite Fitness Park" at 401h Street, Oceanfront 6. Resolutions to REQUEST the Virginia General Assembly: a. LEGISLATE regulations re internet based peer-to-peer hospitality services b. DIRECT a $25 -Million Tobacco Regional Revitalization Commission appropriation to Hampton University re cancer care and treatment 7. Ordinance to ACCEPT, APPROPRIATE and TRANSFER: a. $200,000 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to Human Services b. $352,885 from the Reserve for Contingencies to the General Registrar re the Presidential Primary Elections on March 1, 2016 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-182 of the City Code Pertaining to the Admissions Taxes of Certain Civic Organizations MEETING DATE: January 5, 2016 E Background: The Commissioner of the Revenue is charged with the assessment of the admissions tax within the City. The State Code authorizes a locality to exempt events from admissions taxes "provided that the purpose of the event is solely to raise money for charitable purposes and that the net proceeds derived from the event will be transferred to an entity or entities that are exempt from sales and use tax pursuant to § 58.1-609.11." Provided the organization's purpose is charitable, § 58.1 - 609.11 (C)(1)(a) treats nonprofits organized as 501 (c)(3) and 501 (c)(4) similarly. Currently, the City Code authorizes an exemption from the collection of admissions taxes upon events undertaken to raise money for nonprofit 501 (c)(3) organizations. The City Code is silent regarding exempting events raising money for charitable 501(c)(4) organizations. 0 Considerations: The attached ordinance extends the current exemption from admissions taxes to include events benefiting charitable 501(c)(4) organizations. To qualify, the 501(c)(4) organization must produce proof of exemption from sales and use taxes pursuant to § 58.1-609.11 of the Code of Virgina. E Public Information: Public information will be provided through the normal Council agenda process. 0 Recommendations: Adopt the attached ordinance. 0 Attachment: Ordinance REQUESTED BY VICE MAYOR JONES REQUESTED BY VICE MAYOR JONES 1 AN ORDINANCE TO AMEND SECTION 35- 2 182 OF THE CITY CODE PERTAINING TO 3 ADMISSIONS TAXES OF CERTAIN CIVIC 4 ORGANIZATIONS 5 6 Section Amended: § 35-182 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 35-182 of the Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-182. Levy of taxes; classification; amount; administration. 15 16 (a) Classifications. Pursuant to Code of Virginia § 58.1-3817, events to which 17 admission is charged are divided into the following classes, and there are 18 hereby imposed and levied the following taxes: 19 20 (1) School -sponsored events. No tax shall be imposed or levied on the 21 admission charge to attend any event at a public or private 22 elementary, secondary, or college school -sponsored event, 23 including any event sponsored by a school -recognized student 24 organization. 25 26 (2) Museums, gardens and zoos. A tax of ten (10) percent of the 27 admission charge for entry into museums, botanical or other similar 28 gardens, and zoos. 29 30 (3) Participatory sports. A tax of five (5) percent of the amount charged 31 to persons actively participating in sporting events or athletic 32 contests or activities. Admission charges for spectators who 33 observe, but do not participate in, sporting events or athletic 34 contests or activities shall be taxed at the rate imposed and levied 35 by subsection 35-182(a)(4). 36 37 (4) Admissions generally. A tax of ten (10) percent of the admission 38 charge for all other admissions, including admissions to any place 39 of amusement or entertainment. As used in this section, "place of 40 amusement or entertainment" shall mean any place or event open 41 to the public and located in the city where amusements and 42 entertainments, including but not limited to the following, are 43 located, performed, exhibited or conducted: (i) Any motion picture, play, concert, dance or stageshow; (ii) Any sporting or athletic contest, exhibition or event; (iii) Any circus, carnival, fair or amusement park; (iv) Any sporting or recreational activity, except where the person admitted is participating in the sporting or recreational activity; (v) Any lecture, speech or dissertation; (vi) Any show, display or exhibition (e.g., antique show, art exhibition, boat show, car show, computer show, craft show, wine tasting, etc.); and (vii) Any restaurant, tavern, lounge, bar, cabaret or club. (b) Admissions; gross receipts to charities. Subject to the conditions set forth below in subsection (d), no tax shall be imposed or levied on the admission charge to attend an event if, as described in Code of Virginia section 58.1-3817, the gross receipts from the event go wholly to charitable purposes. (c) Admissions; net proceeds to charities. Subject to the conditions set forth below in subsection (d), no tax shall be levied on an event if, as described in Code of Virginia section 15.2-1104.1, its purpose is solely to raise money for charitable purposes and the net proceeds derived from the event are transferred to an entity exempt from sales and use tax pursuant to Code of Virginia § 58.1 609.4, 58.1 609.7, 58.1 609.9 eF 58.1 609.10 58.1-609.11. For purposes of this subsection, "net proceeds" means the gross receipts derived from an event less the direct, ordinary and necessary costs associated with conducting the event. The phrase "direct, ordinary and necessary costs," as used herein, shall not include any allocable costs attributable to the event organizer's ongoing expenses, such as accounting fees, insurance premiums or the salaries of officers and staff. (d) Conditions and procedures relating to subsections (b) and (c). An "event", as described in preceding subsections (b) and (c), is an occasional or 85 irregular fund-raising activity, not exceeding forty-eight (48) hours in length, 86 the gross receipts or net proceeds of which go wholly to "charitable 87 purposes" as defined in Code of Virginia section 57-48. The following 88 conditions and administrative procedures shall apply to all such events: 89 90 (1) The gross receipts or net proceeds must go to an entity (i) 91 organized exclusively for charitable purposes, as reflected in its 92 articles of incorporation, charter or bylaws, (ii) designated by the 93 Internal Revenue Service as a 501(c)(3) organization to which 94 contributions are tax deductible under 26 U.S.C. § 7701, or is a 95 civic organization with a charitable purpose designated by the 96 Internal Revenue Services as a 501(c)(4) organization, and (iii) 97 registered with, or granted an exemption from registration by, the 98 Virginia Department of Agriculture and Consumer Services, Division 99 of Consumer Affairs, Charitable Solicitation Section. Furthermore, 100 any professional solicitor conducting or promoting any such event 101 shall also be required to provide evidence of registration with, or 102 exemption from registration by, the Virginia Department of 103 Agriculture and Consumer Services, Division of Consumer Affairs, 104 Charitable Solicitation Section. As part of substantiation of the 105 chartable status of the organization, the commissioner of the 106 revenue may request current certification of exemption from sales 107 tax pursuant to Virginia Code 58.1-609.11. 108 109 (2) All determinations concerning the taxable status of events 110 described in this subsection shall be made by the commissioner of ill the revenue on an event -by -event basis. 112 113 (3) Any person or organization seeking a determination that an event is 114 not subject to taxation pursuant to this subsection shall apply to the 115 commissioner of the revenue's office at least thirty (30) days prior to 116 such event. All such determinations shall be made only by the 117 commissioner of the revenue. The applicant shall supply, on forms 118 provided by the commissioner of the revenue, a description of the 119 event, the cost of admissions to the event, documentation of the 120 charitable purpose(s) for which the proceeds will be used, a copy of 121 any exemption from sales and use tax (if applicable), evidence of 122 compliance with Code of Virginia section 57-49, and such other 123 information as may be required by the commissioner of the 124 revenue. Within fifteen (15) days of receipt of an application, the 125 commissioner of the revenue shall make a preliminary 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 determination as to whether the proposed event is subject to the admissions tax. Within forty-five (45) days of conclusion of the event, the applicant shall provide documentation that the gross receipts or net proceeds of the event have been utilized in accordance with the requirements of subsection (b). The failure of any person to obtain a determination that an event is not subject to taxation, to supply evidence of compliance with Code of Virginia § 57-49, or to otherwise fail to comply with the requirements of this subsection, shall subject the event to being taxed at the rate provided by subsection (a)(4). (4) Within sixty (60) days after the end of each fiscal year, the commissioner of the revenue shall provide the city manager a list of all events benefiting charity for which no admissions tax was paid, and an estimate of the total amount of tax that would have otherwise been paid. Adopted by the Council of the City of Virginia Beach, Virginia, on the of 2 2016. APPROVED AS TO LEGAL SUFFICIENCY: C -4y Arttof'nd y's- ff i c e CA1 3050 R-2 November 19, 2015 day 6 YAW , J" pb 1, Ar*IQ 1� t Dow -- 14944961800000 CITY OF VIRGINIA BEACH 1.843ACRES 14944970630000 DEANGELIS LITA ETAL "Ci 0.967ACRE 14944878610000 CITY OF VIRGINIA BEACH Legend LOCATION MAP 77VD0T----�1—yL— Everette Brown Parcel -- Woods at Piney Grove I P,.,AyL.— . V" jmc�-— vmgnn. B,- 1. p,,yp—.1 0 75 1 14945901720000 CITY OF VIRGINIA BEACH -Rig CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 0.967± acres of property located in the Woods of Piney Grove subdivision, Section One, from Loretta Brown, Lita DeAngelis, U. T. Brown and Yvonne S. Brown, Trustees of the U. T. Brown Living Trust dated October 5, 2005 and Yvonne S. Brown and U. T. Brown, Trustees of the Yvonne S. Brown Living Trust dated October 5, 2005 MEETING DATE: January 5, 2016 0 Background: Loretta Brown, Lita DeAngelis, U. T. Brown and Yvonne S. Brown, Trustees of the U. T. Brown Living Trust dated October 5, 2005 and Yvonne S. Brown and U. T. Brown, Trustees of the Yvonne S. Brown Living Trust dated October 5, 2005 (collectively, the "Owners"), own Parcel D, containing approximately 0.967± acres, in the Woods of Piney Grove subdivision, Section One (GPIN: 1494-49-7063) (the "Property"). The Owners approached the City to obtain an access for the Property across the adjacent City -owned Woods of Piney Grove neighborhood park. The Property lies within the Southeastern Parkway and Greenbelt alignment. City staff reviewed and determined that the City needed to preserve the proposed Southeastern Parkway and Greenbelt alignment. 0 Considerations: City staff and the Owners have reached an agreement, subject to Council approval, for the purchase of the Property. The proposed purchase price is $85,250 and is recommended to be funded from CIP 3-139 (Various Site Acquisitions 11). 0 Public Information: Advertisement of City Council Agenda 0 Alternatives: Deny the request and allow development of the Property in the proposed Southeastern Parkway and Greenbelt alignment. 0 Recommendations: Approve the purchase of the Property subject to the terms and conditions of the Summary of Terms. 0 Attachments: Ordinance, Summary of Terms, Disclosure Statement Form and Location Map. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager.;-,,, �_. qz�,N6 %,� K 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 0.967± ACRES OF PROPERTY LOCATED IN THE 3 WOODS OF PINEY GROVE SUBDIVISION, 4 SECTION ONE, FROM LORETTA BROWN, LITA 5 DEANGELIS, U. T. BROWN AND YVONNE S. 6 BROWN, TRUSTEES OF THE U. T. BROWN LIVING 7 TRUST DATED OCTOBER 5, 2005, AND YVONNE 8 S. BROWN AND U. T. BROWN, TRUSTEES OF THE 9 YVONNE S. BROWN LIVING TRUST DATED 10 OCTOBER 5,2005 11 12 WHEREAS, Loretta Brown, Lita DeAngelis, U. T. Brown and Yvonne S. Brown, 13 Trustees of the U. T. Brown Living Trust dated October 5, 2005 and Yvonne S. Brown and 14 U. T. Brown, Trustees of the Yvonne S. Brown Living Trust dated October 5, 2005 15 (collectively, the "Owners") own Parcel D, Woods of Piney Grove, Section One, containing 16 approximately 0.967 acres of land, located in the City of Virginia Beach, Virginia (GPIN: 17 1494-49-7063) (the "Property"), as further described on Exhibit A, attached hereto and 18 incorporated herein; 19 20 WHEREAS, the Property is located within the alignment for the Southeastern 21 Parkway and Greenbelt, and the City of Virginia Beach (the "City") has purchased 22 numerous other properties within the alignment in an effort to prevent development that 23 would lie in the course of the future roadway; 24 25 WHEREAS, the Owners agreed to convey the Property to the City for $85,250, 26 subject to Council approval and in accordance with the Summary of Terms attached hereto 27 as Exhibit B and incorporated herein; and 28 29 WHEREAS, funding for the acquisition is available in the Various Site Acquisitions 11, 30 CIP 3-139. 31 32 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 33 VIRGINIA: 34 35 1 . That the City Council authorizes the acquisition of the Property pursuant to 36 §15.2-1800 of the Code of Virginia (1950), as amended, which Property is generally 37 identified as GPIN: 1494-49-7063 and more particularly described on Exhibit A. 38 39 2. That the City Manager or his designee is further authorized to execute all 40 documents that may be necessary or appropriate in connection with the purchase of the 41 Property, so long as such documents are in accordance with the Summary of Terms 42 attached hereto as Exhibit B and containing such other terms, conditions and modifications 43 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day 47 of 2016. CAl 3467 R-1 PREPARED: 12/11/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d01 l\p020\00251454.doc APPROVED AS TO SUFFICIENCY LFFUNDS: Fifiance Department APPROVED AS TO LEGAL SUFFICIE CY AND FORM: CIVATTORNEY--/ EXHIBIT "Apy Legal Description ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "PARCEL D, 0.967 ACRES" as shown on that certain plat entitled: "SUBDIVISION OF WOODS OF PINEY GROVE, SECTION ONE, PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," dated January, 1989 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 193, at page 96. TOGETHER WITH all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. EXHIBIT "W9 SUMMARY OF TERMS OWNERS: Loretta Brown, Lita DeAngelis, U. T. Brown and Yvonne S. Brown, Trustees of the U. T. Brown Living Trust dated October 5, 2005 and Yvonne S. Brown and U. T. Brown, Trustees of the Yvonne S. Brown Living Trust dated October 5,2005 BUYER: City of Virginia Beach PROPERTY: Parcel D, 0.967 acres, Woods of Piney Grove, Section One (GPIN: 1494-49-7063) CONSIDERATION: $85,250 SOURCE OF FUNDS: Various Site Acquisitions 11 (CIP 3-139) ADDITIONAL TERMS: Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession. Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. 0 Owners shall pay their own attorney's fees and costs, if any. 0 City shall bear the costs of preparation of closing documents and recording fees. APPLICANT'S NAME_U.T. &ow�j buam, 7ka§�77, DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program ADIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. +— 40 SECTION I / APPLICANT DISCLOSURE FOR CITY USE ONI Y / All cl!�ric�sta e� rimst I -e ol-rlimerl way J---) I,i ioi to �.n� and C11, (.( 11110 mec-111)(1 dii.1 ptl I'lln" to (he :�j I- licatic 0 n APPLICAN NOI IFILD (A HILARING F �,Tr. NO CHANCES AS OV 1),AI L: REVISIONS SUBMITTILD rATF: Page I of 5 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: -------- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only i — f VMperty owner is different from Applic9nt. icheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: ---------- - Page 2 of 5 (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.* See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subgect of the apl2lication or any business ol2erating or to be operated on the Prol2erty. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 I a Beach i5k—O—VIDER (use additidhil sheets If YES] FN SERVICE ol F I F needed) so "M m M 0 mm SUM E W MEN Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the ApRlicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ADDlication. LAPPLICANT'S SIGNATURE PRINT NAME I DATE L - a yy"to 013 e 00 49) &1 /2. 0 TY 01 PERTY OWNER'S SIGNATURE PRINT NAME I DATE Page 5 of S APPLICANTYS NAME—L-O&C--rT A J31�2LL)�' DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request -Floodplain Variance Franchise Agreement Lease of City Property i cense Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION I / APPLICANT DISCLOSURE FOR CITY USE ONLY/ Al I dildosijif-r, mtjF1 F -F 111)d�.Ierl two i2l v"C-45 F-] i0l lo �.Ily Plannillp (01111111"Sk-11 and Cil, (C�mlnl flitle-nn(I lh;�I U. the APPLICANT NOTIFIED Of HEARING r -,TF NO CHANGES AS OF E REVISIONS SUBMITI ED Page I of 5 r ma each �Z/Check here if the APPLICANT IS IVOT a corporation, parinership, firm, business, or other unincorporated organization. El Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: -------- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complele Section 2.only iyoroverty owner is different from Applicant. Check here if the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: ---- If an LLC, list the member's names: --------------- Page 2 of 5 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than pare nt-subs id iary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the al2l2lication or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 CJ' 1:1 E4 EJ 0 �' o D' Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the ARRlicant - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchasees service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES C3 7 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 J '4 Cy rf�- irgiJ, V mtat ' "' ' ' FYE sl NO] F F SERVICE PROVIDER (�se additioha-i sheets if I needed) CJ' 1:1 E4 EJ 0 �' o D' Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the ARRlicant - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchasees service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES C3 7 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 CERTIFICATION: ,I certify that all of the information contained in this Disclosure Statement Form is 'complete, true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information ,provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE ; I&, ed uvefflq- ,PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, t4e following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Boar Conditional Use Permit Disposition of City Property Economic Development lnvestment?rogr��m (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. $ 111 SECTION I / APPLICANT DISCLOSURE H;11,11,111q, i',11(l C.11y ( runril wee"ilm th�'t [-�l I(. lh'e a: -I lit i.tic!jk� 0 0 0 APPLICAN1 WITH ]ED Of HLARINC, :.T r NO CHANCES AS OF E REVISIONS SUBMITTED FAT r FOR CITY USE ONLY/ All dilrlosmes nuis( 1-e ord.--ted 1-) �2' 1,11(.1 !C. rmy Page I of 5 Virifinia Beach Check here if the APPLICANT IS NOT a corporation, paringership, fi I rm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: -------- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a pare nt-s ubs idiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only iyp=erty owner is different from Applicant. Check here if the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND TWEAN. complete the following. (A) List the Property Owner's name:--WA--beajj If an LLC, list the member's names: ------------------- Page 2 of 5 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-310 1. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, 00 a controlling owner in one entity is also a controlling owner in the other entity, or (Ili) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sublect of the application or any business overating or to be operated on the Progerty. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 I nia Beach FYESNO] SERVICE ER (Uise addid66�1 sheets if I F F I needed) El 11� EJ Eg" E-1 Ed F-1 Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Aoplicant - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaseesservice providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO r-1 C� Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. .1 understand that, upon receipt of notification that the application has been S scheduled for public hearing, I am responsible for updating the information m a tion Vbeen provided herein two weeks prior to the Planning Commission, Council, VBDA BDA tis meeting, or meeting of any public body or committee in connection with this h t h i s Application. APPLICANT'S SIGNATURE PRINT NAME DATE d6r .11C PROPERTY OWNERI-MRATURE 1-1 PRINT NAME DATE Page 5 of 5 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisiflon of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit] Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property [License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION I / APPLICANT DISCLOSURE FOR CITY USE ON[ Y / Al I mus I Fe of -d; -,led wx- i---: k -,Cf -1 f !-,I ](,I I o ;'.11y lannilm ( (111111ISSIC-11 'illd Cily (*(III)( i I Inetlinq I I "'J I(- 11w 0 APKICAN] NOTIFIED 01 HEARM, .13F NO CHANGES AS or P1111 I E REVISIONS SUBMI-TTED Ir �,TF- Page I of 5 Y�t Vilziwa, ��/Check here if the APPLICANT IS NOT a corporation, parinership, � fil rm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: -------------------------------- If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business ent ity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE / Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: --------------------------------- If an LLC, list the member's names: ---------------------------------------------------------- Page 2 of 5 VirgWa , Wh If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101, 2 Affiliated business entity relationship" means "a relationship, other than pare nt-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sub*ect of the anl2lication or any business operating or to be operated on the Prol2erty. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 PROVIDER (use additidiial sheets if 7E N 011 SERVICE Fy s F - needed) E� Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA -meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE YY'O n r),O- 2—KOPERTY OWNER'S SIGNATURE __�PRINT NAME DATE Page S of 5 City of Virginia Beach, Virginia 2016A General Obligation Bond Sale - $69.3 million City and School Expenditures 1/16/2015 - 12/02/15 SAFE COMMUNITY 3134 Fire Appratus III 3248 Fire & Rescue Station - Blackwater QUALITY PHYSICAL ENVIRONMENT Roadways 2026 Street Reconstruction 11 2048 Princess Anne Rd/Kempsville Rd Intersection 2121 Nimmo Parkway - Phase V-A 2168 Lesner Bridge Replacement 2300 Traffic Safety Improvements III 2418 Indian River Rd/Kempsville Rd Improvements Buildings 3136 Various Buildings HVAC Rehab and Renewal III PARKS AND RECREATION Buildings 4503 P&R Administration Offices Relocation 4509 Kempsville Recreation Center TOTAL GENERAL GOVERNMENT QUALITY EDUCATION & LIFELONG LEARNING Buildings 1001 Renovations and Replacements - Energy Management 1003 Renovations and Replacements - Energy Management 11 1004 Tennis Court Renovations 11 1005 Green Run Collegiate 1008 Instructional Technology 1035 John B. Dey Elementary School Renovation 1099 Renovations and Replacement - Grounds - Phase 11 1103 Renovations and Replacement - HVAC Systems - Phase 11 1104 Renovations and Replacement - Reroofing - Phase 11 1105 Renovations and Replacement - Various - Phase 11 1233 Kemps Landing/Old Donation Center Replacement TOTAL SCHOOLS 2,480,374 2,164,137 4,644,511 1,505,743 560,064 2,468,805 7,171,434 3,825,702 1,023,401 16,555,149 1,667,257 $1,667,257 778,782 2,609,820 3,388,602 rounded 158,071 100,000 190,515 414,031 385,658 709,307 734,894 3,629,903 5,367,575 1,808,967 29,649,509 * rounded $26,255,519 $26,200,000 $13,498,921 $43,100,000 TOTAL BOND SALE $39,754,440 total bond sale size rounded $69,300,000 * Depending on market conditions this may be increased but in no event will the total bond sale size exceed the $72,000,000 authorized in the Resolution. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of General Obligation Public Improvement and Refunding Bonds, in the Maximum Amount of $125,000,000 to Fund Heretofore Authorized Public Improvements and to Refund Previously Authorized and Issued Bonds, and Providing for the Form, Details and Payment Thereof MEETING DATE: January 5, 2016 m Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation new money bond sale in the maximum principal of $72,000,000. The bond sale is composed of portions of the 2013, 2014, and 2015 Charter Bond Authorizations (approved on May 14, 2013, May 13, 2014, and May 12, 2015, respectively). The bond proceeds from the proposed sale will reimburse previous expenditures for City and Schools' authorized CIP projects and will fund future expenditures on some Schools projects. A project list is attached. Based on current market conditions, the City's Financial Advisors, Public Resources Advisory Group (PRAG), has recommended that this sale take place on January 26, 2016. In addition to the new money sale, the Advisor recommend that the City issue debt service. For the bonds that ar conditions allow the City to redeem significant debt service savings. Department of Finance and the City's Financial refunding bonds to save on the costs of future e candidates for refunding, favorable market these bonds and issue refunding bonds at a m Considerations: The new money sale represents the City's annual general obligation bond sale. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided, the Bonds shall have a true interest cost not to exceed 4.0% with respect to the new money bonds. The final sizing of the refunding will be determined nearer the sale date with only those coupons that provide a 3.0% present value savings being offered for refunding. m Public Information: Public information will be handled through the normal Council agenda process. The Resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes, and a Notice of Sale will be placed in The Bond Buye , a daily newspaper for the tax-exempt bond market. n Alternatives: There are no practical alternative funding sources at this time. This request follows previously approved CIPs. E Recommendation: Approval E Attachment: Resolution, Project List Recommended Action: Approval Submitting Department/Agenrcy: Finance City Manager: lz� V, Z Q W -1-k COUNCIL VERS10-N RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $125,000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS AND TO REFUND PREVIOUSLY AUTHORIZED AND ISSUED BONDS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $68,120,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 14, 2013, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $63,946,928 of which have been issued and sold, leaving an unsold balance of $4,173,072. The issuance of $66,400,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 13, 2014, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $1,326,184 of which have been issued and sold, leaving an unsold balance of $65,073,816. The issuance of $68,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2015, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $72,000,000. The City Council has determined it is in the City's best interest to issue and sell all $4,173,072 of the remaining balance ofthe bonds authorized on May 14, 2013; up to $60,045,744 of the remaining balance of the bonds authorized on May 13, 2014; and up to $7,781,184 of the bonds authorized on May 12, 2015. The City has previously issued its $114,855,000 General Obligation Public Improvement Refunding Bonds, Series 2004B (the "Series 2004B Bonds") of which $54,905,000 is outstanding and its $72,000,000 General Obligation Public Improvement Bonds, Series 2009 (the "Series 2009 Bonds") of which $28,800,000 is outstanding. It has been recommended to the City Council by the Financial Advisor that the City may achieve certain debt service savings by refunding portions of the Series 2004B Bonds and Series 2009 Bonds (collectively, the "Prior Bonds") through the issuance of general obligation public improvement refunding bonds in the maximum aggregate principal amount of $53,000,000, subject to certain parameters set forth tn Herein. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,) VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $72,000,000 (the "Public Improvement Bonds") and general obligation public improvement refunding bonds of the City in the maximum principal amount of $53,000,000 (the "Refunding Bonds," and collectively with the Public Improvement Bonds, the "Bonds"). The proceeds of the Public Improvement Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 14, 2013, May 13, 2014 and May 12, 2015. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds or selected maturities or portions of maturities thereof as herein authorized. Proceeds of the Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Detafls. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds; provided any Bonds issued in whole or in part as Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall contain the series designation 2016 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R -I or RF -I upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 9, the issuance and sale of the Bonds arc authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 4.0% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after December 31, 2026, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than December 15, 2017, and ending no later than December 15, 2036. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360 -day year of twelve 30 -day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon suiTender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as 2 they appear on the registration books kept by the Registrar on a date prior to each interest payinent date that shall be determined by the City Manager (the "Record Date"). Priincipal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, detern-iines (1) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 6; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. Refundinp, Provisions. The City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as deten-nined by the Financial Advisor. In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold and provide for investment of all or portions of the proceeds of the Refunding Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 4. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than December 31, 2026 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules 4 and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The Citv shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 7. Plefte of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 8. Re2istration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such forin as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver -in exchange, a new 4:� 5 Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 9. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections I through 3, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 10. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Forin, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section I I below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Forin not inconsistent with this Resolution as he may consider to be in the best interest of the City. 11. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bond, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 311 12. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule l5c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information pen-nitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 13. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 14. Arbitra2e Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 15. Non -Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 16. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities fin,aneed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (e) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the intercst on the Bonds from being includable -in the gross income for federal -income 7 tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 17. Post -Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed or refinanced with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 18. Continuinp, Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section I I above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 19. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utitization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 21. Repeal of Conflictinp, Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. Exhibit A — Form of Bond Exhibit A — Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTQ, ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement [and] [Refunding] Bond INTEREST RATE Series 2016 MATURITY DATE REGISTERED OWNER: CEDE & CO. DATED DATE PRINCIPAL AMOUNT: DOLLARS CUSIP The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated abov'e on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and . beginning 1, 2016, at the annual Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Principal, premium, if any, and interest are payable in lawful money of the United States of Ameriiea by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book -entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement [and] [Refunding] Bonds, Series 2016 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 14, 2013, May 13, 2014 and May 12, 2015, and, [The Refunding Bonds] are being issued pursuant to a resolution adopted by the City Council on January _, 2016 (the "Bond Resolution"), to finance [various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements,] [to refund $ of the City's General Obligation Bonds, Series ] and to pay costs of issuance of the Bonds. The Bonds maturing on or before [_, 20_1, are not subject to optional redemption prior to maturity. The Bonds maturing on or after 20], are subject to redemption prior to maturity at the option of the City on or after , 20_1, in whole or in part at any time (in any multiple of $5,000), upon payment of thefiollowing redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on 20 —, are required to be redeemed in part before maturity by the City on )20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed, for redemption: Year Amount Year Amount The Bond Resolution provides 'Lor a credit against the mandatory sinking fund redemption of the Bonds maturing on 1 20 in the amount of Bonds of the same maturity that have been optionally redeemed or surre�ddercd for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of A-2 Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad iwlorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been perforined, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia._ ME IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia LWA Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing . Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. M, Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this _ day of January, 2016. APPROVED AS TO CONTENT: Finance Departrnent CA13541 R -I December 18, 2015 4827-4105-9628,2 A-6 APPROVED AS TO LEGAL SVEFICIENCY: Cit '�-6ffice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Seek the Support of Our Congressional Delegation in a Request to the U.S. Army to Include the Lynnhaven River Basin Ecosystem Restoration Project in the FY 2016 Work Plan as a Top Priority New Start Construction Project MEETING DATE: January 5, 2016 m Background: The Lynnhaven River Basin watershed represents one-fourth of the area of the City of Virginia Beach, and it supports a tremendous level of recreational boating and fishing, crabbing, and ecotourism. As the Lynnhaven River Basin has become more urban, the watershed has experienced a loss of natural buffers. The U.S. Army Corps of Engineers (USACE) completed a Reconnaissance Study of the Lynnhaven River Basin in 2004, which concluded that environmentally sensitive solutions could be formulated to provide substantial ecosystem restoration benefits in the Basin. A 2013 USACE feasibility study found that the negative effects of increased urbanization in the Lynnhaven River Basin include loss of tidal wetlands, reduced water quality, invasive wetland species, siltation, and more. The Fiscal Year 2016 Omnibus Spending Bill gives the USACE authorization to include six new construction starts in its FY 2016 Work plan, with one project of those six dedicated to environmental restoration benefits. The Norfolk District of the USACE has indicated that the City of Virginia Beach's Lynnhaven River Basin Ecosystem Restoration project is a prime contender for the new start construction funding in the FY 2016 Work Plan. m Considerations: The attached resolution requests support from the City's Congressional Delegation in asking the U.S. Army to include the Lynnhaven River Basin Restoration project in the FY 2016 Work Plan as a top priority new start construction project. The USACE has only 60 days from the signing of the Spending Bill to develop its FY 2016 Work Plan, so this request is time sensitive. As with similar projects with the USACE, the City would be required to participate on a cost -share basis (65% federal, 35% local), and the City would need to provide land, easements, relocations, rights-of-way, and disposal or burrow areas. If the project is included in the FY 2016 Work Plan, the Council would have a later action item to authorize the local funds, which usually is part of a project agreement with the USACE. 0 Public Information: This item will be advertised as part of the normal Council Agenda Process. 0 Recommendation: Adopt the attached resolution. 0 Attachments: Resolution; Letter to Senators Warner and Kaine Requested by Mayor Sessoms REQUESTED BY MAYOR SESSOMS 1 A RESOLUTION TO SEEK THE SUPPORT OF 2 OUR CONGRESSIONAL DELEGATION IN A 3 REQUEST TO THE U.S. ARMY TO INCLUDE 4 THE LYNNHAVEN RIVER BASIN ECOSYSTEM 5 RESTORATION PROJECT IN THE FY 2016 6 WORK PLAN AS A TOP PRIORITY NEW START 7 CONSTRUCTION PROJECT 8 9 WHEREAS, the City Council, working in concert with the U.S. Army Corps of 10 Engineers (USACE), Lynnhaven River NOW, and many other organizations, has for 11 many years sought to restore the health of the Lynnhaven Estuary; and 12 13 WHEREAS, the Lynnhaven River Basin watershed represents one-fourth of the 14 area of the City of Virginia Beach, and it supports a tremendous level of recreational 15 boating and fishing, crabbing, and ecotourism; and 16 17 WHEREAS, the Fiscal Year 2016 Omnibus Spending Bill gives the U.S. Army 18 Corps of Engineers (USACE) authorization to include six new construction starts in its 19 FY 2016 Work plan, with one project of those six dedicated to environmental restoration 20 benefits; and 21 22 WHEREAS, the Norfolk District of the USACE has indicated that the City of 23 Virginia Beach's Lynnhaven River Basin Ecosystem Restoration project is a prime 24 contender for the new starts construction funding in the FY 2016 Work Plan; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA, THAT: 28 29 The City Council requests our Congressional Delegation, including Senators 30 Warner and Kaine and Congressman Rigell support the inclusion of the Lynnhaven 31 River Basin Ecosystem Restoration Project in the USACE FY 2016 Work Plan as a new 32 start construction project. 33 34 BE IT FURTHER RESOLVED THAT: 35 36 The City Council intends to provide support for this project to include the 37 customary 35% cost -share required by the Water Resources Development Act and 38 other support needed for the restoration required such as easements and disposal or 39 borrow areas. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2016. APPR70 ED AS TO LEGAL SUFFICIENCY: QIfy-Affo—mey"'s Office CA1 3548 / R-1 /December 28, 2015 WIIJIM 0. SESSOW JR. MAYOR December 21, 2015 C--"It3r <>F 113040-�Ix The Honorable Mark Warner 475 Russell Senate Office Building Washington, DC 20510 The Honorable Tim Kaine 388 Russel Senate Office Building Washington, DC 20510 Dear Senators Warner and Kaine: KNICIM CE11TER KIILDNG 1 M COURTHOUSE DRIVE VIRGM REQK VA =06� (M)3�1 FM(757)3WWN wseNNn&@VbgaV— Thank you for your continuing leadership in support of the City of Virginia Beach. I want to direct your attention to a significant opportunity 1br Virginia Beach in the FY 2016 Omnibus Energy and Water Appropriations. The Act gives the U.S. Army Corps of Engineers (USACE) authorization to include six new construction starts in its FY 2016 Work Plan with only one project nationwide of these sb( specifically deckcated to environmental restoration benefits. The Norfolk. District has indicated that the City's Lynnhaven River Basin Ecosystem Restoration project is a prime contender for this spot. I am asking that you convey support to Assistant Secretary Darcy to designate the Lynnhaven Project as the environmental restoration new starts with a funding level of $1 million (the Corps! capability) in the FY 2016 Work Plan. As the Corps only has 60 days from the signing of the Omnibus to develop its FY 2016 Work Plan, this request is *m sensitive. After the Chief of Engineer's Report was submitted to Congress in 2014, this project was authorized in the 2014 Water ResoLffces Reform and Development Act (WRRDA) bill. The City of Virginia Beach has committed to the 35% cost -share that the WRRDA authorization required for the restoration project, as well as to provide all lands, easements, relocations, rights-of-way, and disposal or borrow areas (LERRD). The final step needed to begin work on this project is a now start authorization for construction in the FY 2016 Work Plan. The Honorable Mark Warner & The Honorable Tim Kaine December 21, 2015 Page 2 The Lynnhaven River Basin watershed represents one-fourth of the area of the City of Virginia Beach and supports a tremendous level of recreational boating and fishing, crabbing, and ecotDurism. As this area has become more urban with increases in population and denW the watershed has experienced a loss of natural buffers. In 2013, the USACE completed a feasibility study for the project which found that the negative effects of these changes have been significant and include loss of tidal wetlands, reduced water quality, invasive wetland species, siltation, and more. The Corps had completed an earlier Reconnaissance Study in the Lynnhaven River Basin in 2004 which concluded that environmentally sensitive solutions could be fDrmulatw to provide substantial ecosystem restoration benefits in the Basin. The 2013 feasibility study specifically recommended a four-part plan to resWre the area with an estimated cost of $1,529,000. The restoration would include ecological benefits resulting in an increase in secondary production (285,000 kg/yr of aquatic biomass), an increase in species diversity (measured using a biological index), and an increase in marsh productivity (an average increase of 70 points using the USEPA Marsh Assessment Score).This project is of tremendous importance to the City, and as mentioned has been specifically cited as a great potential contender for this funding. In addition to this request, I hope that you wig also ask Assistant Secretary Darcy to include funding for the City's ongoing beach re -nourishment and dredging projects in the IFY 2016 Work Plan: * Virvinla Beach Erosion and Hurricane Protection Project: $100,OW Nationally known as one of the best -designed beach erosion control and hurricane protection systems in the U.S. this 65% federally authorized project protects 5 miles of commercial beach property, and is to heart of the Citys Beach tourism. Sirm its completion in 2002, the project has more than recouped its original costs at least a dozen times over through damage - prevention from tropical storms surges and noreasters. that have hit the Commonweafth's coastline. To remain effective, the Corps has determined that another cycle of replenishment will be necessary in FY 2017, and the Corps estimates they vAl need $6,100,000 to complete this- ror FY 2016 the Corps requests $100,000 as a placeholder for the FY 2017 major re -nourishment. These efforts are critical to maintaining Virginia Beach's resilience, as it continues to be one of most vulnerable cities in the U.S. to hurricanes. Sandbridge Hurricarm Protection and Beach Nourishment Project $3,850,000 This 4-5 mile beach along the southern part of Virginia Beach is in particularly grave danger of being subjected to severe storm damages and economic loss. In 2013, the City added two million cubic yards of sand along this beachfront from Back Bay National Wildlife Refuge to the Dam Neck Naval Facility, using $18.5 million of 100 percent non-liederal contributed funds from the City of Virginia Beach. We are requesting that the Corps' $3,850,000 capability fbr Sandbridge Beach re -nourishment be included in the Work Plan. The Honorable Mark Warner & The Honorable Tim Kaine December 21, 2015 Page 2 9 Lynnhaven Inlet: $600,000 This channel system serves as a critical commercial link for the Nation, in addition to housing the Wryland and Virginia Harbor Pilots, who guide nearly 10,000 ships a year to ports in Virginia and Maryland. $500,000 is included for this project in the FY 2016 Omnibus Appropriations Operations and Maintenance (O&M) account The inlet vAll require another full dredging in FY 2016, and as such we ask for an additional $500,000 to allow the Corps to complete this dredging. * Rudee Inlet $1,250,000 This inlet plays a major national security role by providing direct ocean access for U.S. Navy SEALs in their SPECWARFARE training and program development. Additionally, the inlet supports a large fishing and charter commercial presence. $400,000 is included for this project in the FY 2016 Omnibus O&M account but higher funding levels will need to be included to conduct a full federal maintenance dredging contracL We request and addition of $1,250,000. We have enclosed a draft letter ibr you to consider sending to Secretary Darcy outlining these requests. Again, thank you for your continued support of the City. I look forward to hearing from you on this time sensitive issue. Sincerely, , lltw William D. Sessoms, Jr. Mayor City of Virginia Beach Attachment December XX, 2015 The Honorable Jo Ellen Darcy Assistant Secretary of the Army (Civil Work) U.S. Corps of Army Engineers Dear Assistant Secretary Darcy: We are pleased that the Fiscal Year 2016 Otnnibus Spending Bill gives the U.S. Army Corps of Engineers (USACE) authorization to include six new construction starts in its FY 2016 Work Plan, with one project of those six dedicated to environmental restoration benefits. We are contacting you about that specific project. The Norfolk District has indicated that the City of Virginia Beach's Lynnhaven River Basin Ecosystem Restoration project is a prime contender for this spot The Chief of Engineer's Report on this project was submitted to Congress in 2014, and it was authorized in the 2014 Water Resources Reform and Development Act (WRRDA) bill. The final step needed to begin work on this project is a new start authorization for construction 'in the FY 2016 Work Plan. A 2013 USACE feasibility study specifically recommended a four-part plan to restore this area with an estimated cost of $1,S29,000. We very much hope that the Corps will include this top priority new start construction project dedicated to environmental restoration in its FY 2016 Work plan at a level of $1,000,000, the Corps' stated capability for FY 2016. The Lynnhaven River Basin watershed represents one-fourth of the area of the City of Virginia Beach. It supports a tremendous level of -recreational boating and fishing, crabbing, and ecotourism. As this area has become more urban with increases in population and density, the watershed has experienced a loss of natural buffers. The USACE's 2013 feasibility study for the Lynnhaven project found that the negative effects of these changes have been significant and include loss of tidal wetlands, reduced water quality, invasive wedand species, siltation, and more. The Corps had completed an earlier Reconnaissance Study in the Lynnhaven River Basin in 2004 which concluded that environmentally sensitive solutions could be formulated to provide substantial ecosystem restoration benefits 'in the Basin. The restoration plan would 'include ecological benefits resulting in an increase 'in secondary production (285,000 kg/yr of aquatic biomass), an increase in species diversity (measured using a biological index), and an increase in marsh productivity (an average increase of 70 points using the USEPA Marsh Assessment Scote). The City of Virginia Beach has committed to the 35% cost -share that the WRRDA authorization required for the restoration project, as well as to provide all lands, easements, relocations,rights-of-way, and disposal or borrow areas (LERRD). We also request fimding for the City's ongoing beach renoutishment and dredging projects in the FY 2016 Work Plan for Virginia Beach: Virginia Beach Erosion and Hurricane Protection Project: $100,000 The Corps his determined that another cycle of replenishment wM be necessary in FY 2017, and the Corps estimates they will need $6,100,000 to complete this. For FY 2016 the Corps requests $100,000 as a placebolder for the FY 2017 major renoutishment. These efforts are critical to maintaining Virginia Beach's resilience, as it continues to be one of most vulnerable cities mi the U.S. to hurricanes. 0 Sandbridge Hurricane Protection and Beach Nourishment Project: $3,850,000 This 4.5 mile beach along the southern part of Virginia Beach is in particularly grave danger of being subjected to severe storm damages and economic loss. In 2013, the City added two million cubic yards of sand along this beachfront from Back Bay National Wildlife Refuge to the Dam Neck Naval Facility, using $18.5 million of 100 percent non-federal contributed funds from the City of Virginia Beach. We are requesting that the Corps' $3,850,000 capability for Sandbridge Beach renoudshment be included in die work plan. Lynnhaven Inlet: $500,000 This channel system serves as a critical commercial link for the Nation, in addition to housing the Maryland and Virginia Harbor Pilots, who guide nearly 10,000 ships a year to ports in Virginia and Maryland $500,000 is included for this project in the FY 2016 Omnibus Appropriations Operations and Maintenance (OW account The inlet will require another full dredging in FY 2016, and as such we ask for an additional $500,000 to allow the Corps to complete this dredging. Rudee Inlet: $1,250,000 This inlet plays a major national security role by providing direct ocean access for U.S. Navy SEALs in. their SPECWARFARE training and program development Additionally, the inlet supports a large fishing and charter commercial presence. $400,000 is included for this project in the FY 2016 Omnibus O&M account, but higher funding levels will need to be included to conduct a full federal maintenance dredging contract. We request an additional $1,250,000. We appreciate every consideration being given to these projects. Sincerely, Mark War -net Tim Kaine Cc: Shaun Donovan, Director, Office of Management and Budget �gVt4IA BEAC.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Sign an Agreement between the City of Virginia Beach and Hillier Ignite, LLC for Construction and Dedication of a Park, to Be Named "Hillier Ignite Fitness Park" MEETING DATE: January 5, 2016 0 Background: Hillier Ignite, LLC ("Hillier Ignite") has proposed to construct and dedicate to the City of Virginia Beach ("City") a fitness park on the sandy beach at 40th Street ("Fitness Park"). The Fitness Park will be approximately 2,000 square feet in size, and shall consist of fitness equipment, including swings, rings, ropes, pull-up bars and push-up bars. After completion of construction, Hillier Ignite will dedicate the Fitness Park to the City. The Fitness Park shall be open to the public for use, free -of - charge, by residents and visitors. City Council was briefed on the Fitness Park on November 3, 2015. The concept for the Fitness Park was developed by Virginia Beach businessman Luke Hillier. The Fitness Park is estimated to cost in excess of $150,000 to construct. The construction costs for the Fitness Park will be paid for by Hillier Ignite. The City will have no responsibility for any construction -related costs for the Fitness Park. Hillier Ignite has agreed to finance a capital maintenance repair fund for the ten-year anticipated life expectancy of the equipment ("Useful Life"), up to $50,000. Hillier Ignite is requesting that the Fitness Park be named "Hillier Ignite Fitness Park" for the Useful Life of the equipment. 0 Considerations: The City and Hillier Ignite negotiated an agreement to construct the Fitness Park on City property, and to dedicate the Fitness Park to the City upon completion of construction. As noted above, the City has no responsibility for any construction -related costs for the Fitness Park. The City is required to perform routine inspection and maintenance of the Fitness Park. Hillier Ignite has agreed to finance a capital maintenance repair fund for the Useful Life of the equipment, up to $50,000. The Department of Parks and Recreation is seeking funding through the City's budget process to fulfill its maintenance obligations under the agreement. 0 Public Information: A public notice was published in The Beacon on December 27,2015. 0 Attachments: Ordinance, Summary of Terms, Letter from Hillier Ignite Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office�� City Manager -r- 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO SIGN AN AGREEMENT BETWEEN 3 THE CITY OF VIRGINIA BEACH AND HILLIER 4 IGNITE, LLC FOR CONSTRUCTION AND 5 DEDICATION OF A PARK TO BE NAMED "HILLIER 6 IGNITE FITNESS PARK" 7 8 WHEREAS, Hillier Ignite, LLC ("Hillier Ignite") has proposed to construct and 9 dedicate to the City of Virginia Beach ("City") a fitness park on the sandy beach at 40th 10 Street ("Fitness Park"); and 11 12 WHEREAS, the Fitness Park shall be approximately 2,000 square feet in size, 13 and shall consist of fitness equipment, including swings, rings, ropes, pull-up bars and 14 push-up bars; and 15 16 WHEREAS, the Fitness Park shall be open to the public for use, free -of -charge, 17 by residents and visitors; and 18 19 WHEREAS, the concept for the Fitness Park was developed by Virginia Beach 20 businessman Luke Hillier; and 21 22 WHEREAS, the Fitness Park is estimated to cost in excess of $150,000 to 23 construct and the construction costs will be paid by Hillier Ignite; and 24 25 WHEREAS, after completion of construction, Hillier Ignite will dedicate the 26 Fitness Park to the City and Hillier Ignite has agreed to finance a capital maintenance 27 repair fund for the ten-year anticipated life expectancy of the equipment ("Useful Life"), 28 up to $50,000; and 29 30 WHEREAS, Hillier Ignite is requesting that the Fitness Park be named "Hillier 31 Ignite Fitness Park" for the Useful Life of the equipment; and 32 33 WHEREAS, the City and Hillier Ignite negotiated an agreement ("Agreement") to 34 construct the Fitness Park on City property, and to dedicate the Fitness Park to the City 35 upon completion of construction; and 36 37 WHEREAS, under the agreement, the City is required to perform routine 38 inspection and maintenance of the Fitness Park; and 39 40 WHEREAS, the Department of Parks and Recreation is seeking funding through 41 the City's budget process to fulfill its maintenance obligations under the agreement. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 (1) The City Manager is hereby authorized and directed to execute the Agreement, 47 on behalf of the City of Virginia Beach, with Hillier Ignite, LLC for the construction and 48 dedication of the Fitness Park; and 49 50 (2) The City Council hereby authorizes the Fitness Park to be named "Hillier Ignite 51 Fitness Park" for the Useful Life of the equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Stralegickea Growth Office APPROVED AS TO CONTENT: Department of Parks and Recreation CA1 3525 R-3 December 23, 2015 City Attorney's Office SUMMARY OF TERMS Agreement between the City of Virginia Beach and Hither Ignite, LLC for Construction and Dedication of Fitness Park ("Agreement") Parties: City of Virginia Beach ("City") Hillier Ignite, LLC ("Hillier") Purpose: To memorialize the rights and responsibilities of each party with respect to a 2000 square foot fitness park ("Fitness Park"), to be located on sandy beach owned by City between 3 9th and 40th Streets. Term: Agreement commences upon execution, and continues for a period of 10 years. Other: Anticipated life expectancy of Fitness Park is approximately 10 years ("Useful Life") Hillier's Responsibilities: Cause design plans to be prepared for Fitness Park. Obtain all permits necessary to construct Fitness Park. Complete construction of Fitness Park in good and workman -like fashion. Pay all construction costs related to Fitness Park. Dedicate Fitness Park to the City. Secure and maintain insurance during construction phase. Pay any costs associated with violations of environmental laws. Finance a capital maintenance and repair fund for the Useful Life of Fitness Park, up to $50,000. City's Responsibilities: Other Terms: • No responsibility for construction costs related to Fitness Park. • Provide written acceptance of Fitness Park (dedication). • Upon dedication, City will be responsible for day-to-day maintenance of Fitness Park. • During Useful Life of Fitness Park, Fitness Park will be named "Hillier Ignite Fitness Park." • Park is open to the public daily from dawn until dusk. • Replacement: No obligation for either party to replace or rebuild Fitness Park in event of fire, flood, earthquake, hurricane, etc. destroys Fitness Park. City has sole discretion to relocate Fitness Park, at City's expense. Indemnification- Hillier to indemnify and hold City harmless until dedication. Modification: Agreement may only be modified by writing, executed by both parties. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the General Assembly to Adopt Legislation to Regulate Peer -to -Peer Hospitality Services MEETING DATE: January 5. 2016 m Background: Peer-to-peer hospitality service companies, such as AirBNB, match a host offering a room or house/apartment to rent with a prospective occupant of such space. These transactions often occur over the internet with the service company charging a commission. Because these transactions concern private residences, the peer-to-peer model does not address many health and safety concerns. For example, many host locations are not equipped with emergency exits nor does it adhere to applicable fire safety codes. If such hospitality services are provided in a bed and breakfast inn, the City's Zoning Ordinance requires a conditional use permit. However, many such peer-to-peer host sites do not meet the definition of "bed and breakfast inns" in the City's Zoning Ordinance, so the City's zoning enforcement division must discover the peer-to-peer location and, upon discovery, determine whether such locations are compliant with Zoning regulations. In addition to the health and safety aspects of peer-to-peer hospitality services, there are tax equity issues and intensive use problems associated with such activities. Many peer-to-peer transactions are subject to the City's transient occupancy tax and the State's retail sales and use tax, but the hosts may not register with the appropriate tax authorities. In such cases, the City or State taxing officials must discover the activities in order to force compliance with the applicable tax laws. In regard to intensive use, the increased occupancy associated with peer-to-peer hospitality services results in additional parking and use of residential streets that exceeds the design and capacity for which such neighborhoods were intended. m Considerations: The attached resolution requests the General Assembly adopt legislation to regulate peer-to-peer hospitality services such as AirBNB. Such regulation would allow the City to address the health, safety, welfare and tax equity issues related to such services in a more efficient manner than the tools currently available. m Public Information: This item will be advertised as part of the normal Council Agenda Process. 0 Recommendation: Adopt the attached resolution. m Attachments: Resolution Requested by Councilmember Wilson REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO ADOPT LEGISLATION TO 3 REGULATE PEER-TO-PEER HOSPITALITY 4 SERVICES 5 6 WHEREAS, in its recent sessions, the General Assembly has provided regulation 7 of peer-to-peer driving services such as Uber and Lyft; and 8 9 WHEREAS, peer-to-peer hospitality services, such as AirBNB, present health 10 and safety concerns, which require a system of licensure and inspection; and 11 12 WHEREAS, the City's Zoning Ordinance regulates bed and breakfast inns by 13 conditional use permit, but because all locations of peer-to-peer hospitality services do 14 not meet the Zoning Ordinance's definition of "bed and breakfast inns," the City's zoning 15 enforcement division must discover peer-to-peer locations and, upon discovery, 16 determine whether such locations are compliant with Zoning regulations; and 17 18 WHEREAS, the Commonwealth and the City may be losing significant revenue 19 when peer-to-peer transactions are not regularly reported and require such taxing 20 officials to discover such activities to force collection of taxes, which are paid by all other 21 providers of hospitality services; and 22 23 WHEREAS, in addition to the health, safety, and tax -equity concerns, peer -to - 24 peer hospitality services create issues in neighborhoods that result from more intensive 25 uses of residential properties including parking and ingress/egress capacity; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The City Council requests the General Assembly adopt legislation to address 31 health, safety, welfare, and tax equity issues related to peer-to-peer hospitality services, 32 such as AirBNB. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of )2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA1 3549 R-1 December 28, 2015 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the General Assembly to Direct Tobacco Region Revitalization Commission Funds to Hampton University MEETING DATE: January 5, 2016 0 Background: The Tobacco Region Revitalization Commission was created by the General Assembly in 1999. Its mission is the promotion of economic growth and development in tobacco -dependent communities, using proceeds from the National Tobacco Settlement and no general fund dollars. Hampton University has state-of-the-art technology that can benefit all residents of the Commonwealth, especially in the areas most impacted by tobacco farming and cigarette production, and these technologies can be applied very effectively statewide through telemedicine and other means. Hampton University has invested a quarter of a billion dollars in development of these technologies, for the benefit of all Virginia residents. The resolution requests that the General Assembly provide funding through the 2016-2018 biennium by directing the Tobacco Commission to provide $25 million to Hampton University to supplement its efforts in providing cancer care and treatment to all Virginians. 0 Considerations: Western Hampton Roads was the site of substantial tobacco farming prior to the tobacco settlement nationwide, and many citizens engaged in farming were displaced to other jurisdictions in Hampton Roads. The University of Virginia Hospital and the Medical College of Virginia Hospital have received funds from the Tobacco Commission 0 Public Information: Public information will be provided through the normal Council agenda process. 0 Attachments: Resolution. Requested by Councilmember Dyer REQUESTED BY COUNCILMEMBER DYER 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO DIRECT TOBACCO REGION 3 REVITALIZATION COMMISSION FUNDS TO HAMPTON 4 UNIVERSITY 5 6 WHEREAS, the Tobacco Region Revitalization Commission was created by the 7 General Assembly in 1999; 8 9 WHEREAS, its mission is the promotion of economic growth and development in 10 tobacco -dependent communities using proceeds from the National Tobacco Settlement 11 and no general fund dollars-, 12 13 WHEREAS, western Hampton Roads was the site of substantial tobacco farming 14 prior to the tobacco settlement nationwide; 15 16 WHEREAS, many citizens engaged in farming were displaced to other 17 jurisdictions in Hampton Roads; 18 19 WHEREAS, the University of Virginia Hospital and the Medical College of 20 Virginia Hospital have received funds from the Tobacco Commission; 21 22 WHEREAS, Hampton University has state-of-the-art technology that can benefit 23 all residents of the Commonwealth, especially in the areas most impacted by tobacco 24 farming and cigarette production; 25 26 WHEREAS, these technologies can be applied very effectively statewide through 27 telemedicine and other means; 28 29 WHEREAS, Hampton University has invested a quarter of a billion dollars in 30 development of these technologies, for the benefit of all Virginia residents; and 31 32 WHEREAS, this is an issue of fairness and equity for the Hampton Roads region; 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH: 36 37 The City Council requests that the General Assembly provide funding through the 38 2016-2018 biennium by directing the Tobacco Commission to provide $25 million to 39 Hampton University to supplement its efforts in providing cancer care and treatment to 40 all Virginians. 41 42 Adopted by the City Council of the City of Virginia Beach, Virginia, this 43 day of 12016. APPROVED TO CONTENT: FI. _61 it � "�A WZMGM-meri -df ric��— CAl 3547 R-1 December 22, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's OffA-� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for the Program of Assertive Community Treatment and to Authodze Two Full -Time Equivalent Positions Supported by State Funding MEETING DATE: 'January 5, 2016 z Background: The Department of Human Services (DHS) has been awarded additional $200,000 in ongoing State funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) as part of the annual DBHDS Performance Contract. This funding is restricted to use for the Program of Assertive Community Treatment (PACT) and will be used to implement a PACT Forensics Enhancement program.' m Considerations: As required by the State, the additional annual funding of $200,000 will be ' used to c . reate a forensic specialty team' comprised of two full-time MH/MR Clinician III City positions. These two positions will provide intensive case management and therapeutic services to forensically involved individuals with serious mental health. issues to prevent re -arrest and re -hospitalization, reduce the number of jail days per year, and reduce psychiatric hospital stays. The caseload goals set by the state require admission of nine forensically involved individuals by June 30, 2016, an additional five by December 31, 2016, and four more by March. 31, 2017 for a total of 18 individ ' uals being served by the program. These two positions will be fully integrated PACT team members who bring additional skills and experience in the following areas'. Working with local or regional jails and state prisons; Understanding how the Virginia court system works; Working with criminal justice agencies such as the Department of Corrections, Department of Criminal Justice Services, probation and parole, and courts; Working with behavioral health clients who are incarcerated; and Establishing good working relationships with criminal justice agency employees. Full, y ear funding of $200,000 has been granted during FY 2015-16 to assist with start- up costs estimated at $47,000. These include costs for office furniture, computer equipment, and an additional vehicle to accommodate frequent trips to state psychiatric hospitals and correctional facilities. There is no local City funding match required. In FY 2016-17 tho funding Will cover 100% of the personnel costs associated with the two new positions. Funding also covers an estimated $10,000 for general relief for clients in need of emergency housing, medicines, food, and other provisions. E Public Information: Public information will be provided through the normal Council Agenda process. This program enhancement has been endorsed by the Virginia Beach Community Services Board at its December 17,2016 meeting. -0 Recommendations: Approval of ordinance N Attachments; Ordinance Recommended Action: Approval Submitting Depirtment/Agency: Department of Human Services Ci ty Manager-, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE PROGRAM OF ASSERTIVE COMMUNITY 3 TREATMENT AND TO AUTHORIZE TWO FULL-TIME 4 EQUIVALENT POSITIONS SUPPORTED BY STATE 5 FUNDING 6 7 WHEREAS, the Virginia Department of Behavioral Health Services (VDBHDS) has 8 awarded the Virginia Beach Human Services Department an additional $200,000 in 9 ongoing State funding as part of the annual DBHDS Performance Contract forthe Program 10 of Assertive Community Treatment (PACT), and is not requiring a local funding match. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 (1) $200,000 is hereby accepted from the VDBHDS and appropriated, with 16 estimated state revenues increased accordingly, to the FY 2015-16 Operating Budget of 17 the Department of Human Services to implement a PACT Forensics Enhancement 18 program including start-up costs; 19 20 (2) Two additional full-time equivalent positions are authorized in the FY 2015-16 21 Operating Budget of the Department of Human Services effective January 5, 2016 to serve 22 in the new PACT Forensics Enhancement program to include two Clinicians; and 23 24 (3) The two additional full-time equivalent positions are conditioned upon the 25 Department of Human Services receiving continued state funding for such purpose. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Do"�� 0, Budget and Management ASService, C fty-<tofh'_e y's 6 ff i c e CA1 3544 R-1 December 21, 2015 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the General Registrar for the Presidential Primary Elections MEETING DATE: January 05, 2016 N Background: A primary election has been ordered for March 1, 2016 in the City of Virginia Beach in accordance with the Code of Virginia. Per § 24.2-518, the locality shall pay the costs of primary elections. The FY 2015-16 Operating budget for the General Registrar's Office does not include funding for a primary election. 0 Considerations: The total cost for the dual presidential primary election is estimated to cost $363,265. The General Registrar's Office is capable of absorbing $10,380 within their FY 2015-16 Operating Budget. In the past, the state reimbursed the city for a portion of the expenses related to the presidential primary. At this time the General Assembly has not determined whether they will reimburse and at what percentage. To cover the remaining cost associated with the presidential primary elections, an additional $352,885 would be transferred from the General Fund Reserve for Contingencies. N Public Information: Public information will be provided through the normal Council Agenda process. 0 Recommendations: Adopt the attached ordinance. 0 Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: General Registrar City Manager� � , '�Tn 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TRANSFERRING FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE GENERAL REGISTRAR FOR THE PRESIDENTIAL PRIMARY ELECTIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $352,885 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2015-16 Operating Budget of the General Registrar to fund the March 1, 2016 dual presidential primary elections. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C ity-AttG-rhey�s,6Wrc*9 CA1 3545 R-1 December 21, 2015 J. PLANNING GRACE BIBLE CHURCH for Modification of a Conditional Use Pen -nit re a Religious Use (approved August 28, 2012) to renovate and make additions at 2956 Ansol Lane DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 2. TED TIGNOR for an Enlargement of a Nonconforming Use for an addition at 501 Carolina Avenue DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 3. THE UNITARIAN CHURCH OF NORFOLK and SKANSKA USA CIVIL SOUTHEAST INC for a Conditional Use Permit to relocate their church at 809 South Military Highway DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 4. SANTIAGO LIVARA, III and SLACSCAR, LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL WAVE RIDING VEHICLES and LES SHAW for alternative compliance to the Form Based Code re manufacturing, fabricating, wholesaling and distribution at 609 19'h Street — ViBe Creative District DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 6. PRINCESS ANNE MEADOWS, LLC / FIVE MILE STRETCH ASSOCIATES, LLC; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, and ROBERT C. SETZER; LOLITA C. ARLAR, and E.S.G. ENTERPRISES, INC for a Conditional Change of Zoning from AG- I and AG -2 Agricultural to Conditional R-10 Residential at Princess Anne Road and Tournament Drive re eighty (80) single-family dwellings (deferred December 8, 2015) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 7. AMEND Section 242.1 of the City Zoning Ordinance (CZO) re Tattoo Parlors and Body Piercing establishments RECOMMENDATION: ra 9 9 affl ".'' NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, January 5, 2016 at 6:00 p.m., at which time the following applications will be heard: COUNCIL DISTRICT 6 -BEACH GRACE BIBLE CHURCH Application: Modification of a Conditional Q5v Perm! (Religious Use) approved by City Council on 8/28/2012. 2956 Ansol Lane (GPIN 1497137848) COUNCIL DISTRICT 6 -BEACH WAVE RIDING VEHICLES/LES SHAW Application: Alternative Compliance to Form Ba,5ed Code, 609 191� Street (GPIN 2417975432) COUNCIL DISTRICT 2-KEMPSVILLE THE UNITARIAN CHURCH OF NORFOLK/SKANSKA USA CIVIL SOUTHEAST INC. Application: Conditional Use Permi (Religious Use). 809 South Military Highway (GPIN 1456260036) COUNCIL DISTRICT 4-BAYSIDE SANTIAGO LIVARA, III/SLACSCAR, LI -C Application: Conditional Use Permi (Automobile Repair Garage). 129 Pennsylvania Avenue (GPIN 1467849327) COUNCIL DISTRICT 6 -BEACH TED TIGNOR Enlargement of a Nonconforming, Use. 501 Carolina Avenue (GPIN 2427132281) CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 242.1 of the City Zoning Ordinance Pertaining to Tattoo Parlors and Body Piercing Establishments COUNCIL DISTRICT 7- PRINCESS ANNE PRINCESS ANNE MEADOWS, LLC/FIVE MILE STRETCH ASSOCIATES, LLC; JAM ES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. Application: Conditional Change of Zon n (AG -1 and AG -2 Agricultural to Conditional R-10 Residential). 2800-2900 Block of Princess Anne Road (northeast side of Princess Anne Road, approximately 1,000 feet northwest of the intersection of Princess Anne Road and Tournament Drive) (GPINS 1494470310, 1494461695, 1494471877, 1494464666, 1494475502, 1494475847, 1494479615, 1494481279, 1494482492, 1494485388, and a portion of 1485841210) Comprehensive Plan: Suburban Area [Princess Anne Corridor Study]. Proposal is for 80 single- family dwelling e ity of 1.89 units per acre). A me d a es 8 re invited to s'V �r M MC a nd Ruth H City Cie ' C.pr.' , f the proposed Ord , nances, resolutions and amendments are on file and may be examined in the Department of Planning or online at httr)://www,vbgov.com/r) For information icall 385-4621. if you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: DECEMBER 20 & 27, 2015 1� i 11 a , ? Q) 8 V) Z N 1 LLJ c]OOP.-,i 41NO cc: .j I co ui CL C3 m 0 _Z3 CL peoH juejE) sgui>l -6 Ln N F- u 17, u ui 53 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRACE BIBLE CHURCH [Applicant & Owner], Modification of Conditions of a Conditional Use Permit for a religious use (church) originally approved on April 24, 2007 and amended on May 25, 2010 and on August 28, 2012. 2956 Ansol Lane (GPIN 1497137848). COUNCIL DISTRICT — BEACH. MEETING DATE: January 5,2016 0 Background: The Conditional Use Permit allowing the church along with a rezoning to 0-2 Office District was approved by the Virginia Beach City Council in 2007. Since then, two modifications to the Conditional Use Permit have been approved: in 2010, a reduction in size and the relocation of the church building, and; in 2012, the installation of a 40 -foot by 60 -foot canvas tent. 0 Considerations: The church is proposing to add a 1,200 square foot shed within the parking lot and to renovate portions of the exterior of the existing building. As the building redesign is a significant departure from the approved elevation, a Modification to the Conditional Use Permit is required. The ultimate number of seats in the sanctuary, 1,000, and the site layout remain essentially unchanged. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. 0 Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with two absent, to recommend approval of this request to the City Council with the following conditions that reflect a compilation of all pertinent conditions attached to this site, beginning with the original 2007 Conditional Use Permit and the subsequent modifications: All conditions attached to the Conditional Use Permit granted by the City Council on August 28, 2012, are deleted and are replaced with the conditions listed below. 2. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated Grace Bible Church Page 2 of 3 September 30, 2015, with addition of a tent as referenced in Condition 4 below. 3. When the building is renovated, including the addition, it shall be in substantial conformance with the elevation depicted on the exhibit entitled, "Proposed Building Elevation," prepared by Visioning Studios. 4. A tent shall be permitted on the site, in the general location depicted on the exhibit approved by the Virginia Beach City Council in 2012 entitled, "Grace Bible Church, Use Permit Exhibit." 5. The applicant shall obtain and maintain as necessary, any permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department for the tent. 6. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 7. The Zoning Administrator, with the concurrence of the Building Office, may review and renew the use of the tent on an annual basis. 8. When the shed is designed and constructed, it shall have an exterior color scheme that matches the church building, with the exception that no primary colors shall be permitted. Prior to the installation or construction of the shed, an elevation shall be submitted to the Planning Director to ensure that its design is complementary to the site. Upon such finding, the Planning Director may approve the elevation. 9. Any freestanding or building mounted signage, including any banner or graphic on the building or on the site, shall meet all applicable City ordinances, unless otherwise authorized by the Board of Zoning Appeals. 10. Traffic control measures shall be in place during Sunday services, Wednesday evening services, and during other large special events including but not limited to concerts, weddings, and funerals. This measure, at a minimum shall consist of a trained traffic control personal, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Grace Bible Church Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manager: K, - KACH DISTMCT — Z936 ArkSM L� GRACE BIBLE CHURCH 00 A-12 "!/C..1V10"R1"1--J it -10 Modif,cation ofa Conditionof Use Pemit - Refigi— Use 3 December 9, 2015 Public Hearing APPLICANT & PROPERTY OWNER: GRACE BIBLE CHURCH STAFF PLANNER: Carolyn AX Smith REQUEST: Modification of a Conditional Use Permit (Religious Use) approved by the City Council on August 28, 2012 ADDRESS / DESCRIPTION: 2956 Ansol Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14971378480000 BEACH 8.22 acres 70-75 CIB DNL BACKGROUND / DETAILS OF PROPOSAL The Conditional Use Permit permitting the church along with a rezoning was originally approved by the Virginia Beach City Council in 2007. Since then, two modifications to the Conditional Use Permit have been approved: in 2010, a reduction in size and the relocation of the church building, and; in 2012, the installation of a 40 -foot by 60 -foot canvas tent. The full list of the conditions is provided on page 5 of this report. Condition #3 of the 2012 approval states: "The church building shall be constructed in substantial conformance with the elevation entitled 'New Facility for Grace Bible Church; Virginia Beach, Virginia,' prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subject to Conditions 4, 5, and 6 of this Modification." The church is proposing to renovate portions of the exterior of the existing building and move ahead with the next phase of expansion. As the building redesign is a significant departure from the approved elevation, a Modification to the Conditional Use Permit is required. The modified elevation depicts a primary exterior material of EFIS — exterior finishing insulation system — with the introduction of accent colors of red and blue. Wood slat screen walls are proposed at the building's corners. Horizontal wood slats that mimic the corner detail are depicted above the main entry. A changeable, lit graphic/banner is shown on the fagade. A 24 -foot by 50 -foot shed (1,200 square feet) is proposed within the parking lot. This shed will store bulky items and items for use outdoors that do not fit GRACE BIBLE CHURCH Agenda Item 3 Page easily inside the church. It is the intent of the church to relocate the shed adjacent to the northern property line once the parking lot is fully constructed. The ultimate number of seats in the sanctuary, 1,000, and the site layout remain essentially unchanged. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Church with parking lot, picnic areas and canvas tent SURROUNDING LAND North: 0 Former Norfolk Southern Railroad right-of-way USE AND ZONING: * Single family dwellings/ R-10 Residential District South: 0 AnsolLane 0 1-264 East: 0 Dominion Virginia Power Substation / 0-2 Office District West: 0 Vacant property / 0-2 Office District NATURAL RESOURCE AND This site is located within the Chesapeake Bay watershed. The CULTURAL FEATURES: western part of the parcel is located within the most stringently regulated portion of the Chesapeake Bay Preservation Area, the Resource Protection Area. All proposed development with this modification is outside of the Resource Protection Area and does not require Chesapeake Bay Board action. COMPREHENSIVE PLAN: This property is located in the Lynnhaven Strategic Growth Area (SGA) as identified by the 2009 Comprehensive Plan and the Lynnhaven SGA Master Plan, adopted April 24, 2012. The Plan calls for a continuation of institutional uses and also highlights the large network of open space on and leading to this site (pp. 29 and 46). The Comprehensive Plan recommendations state that this area is suitable for higher intensity mixed uses that include office, institutional, and limited retail. IMPACT ON CITY SERVICES The modification request to the elevations will have no impact on City services. EVALUATION AND RECOMMENDATION Staff recommends approval of the proposed modification with the conditions below. The recommended conditions are a combination of all pertinent conditions attached to this site, beginning with the original GRACE BIBLE CHURCH Agenda Item 3 Page 2 2007 Conditional Use Permit and the subsequent modifications. The modification to the building's elevations provide an updated and interesting fagade. It should be noted that the banner as depicted on the elevation is not considered a sign. However, the applicant's representative stated that it is intended to change from time -to -time to highlight events and sermon series. In accordance with the Zoning Ordinance, should this banner change from a graphic (as shown) to a means of advertising events/sermons, etc., it would meet the definition of a sign and must meet all applicable requirements of the Zoning Ordinance. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1 . All conditions attached to the Conditional Use Permit granted by the City Council on August 28, 2012, are deleted and are replaced with the conditions listed below. 2. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated September 30, 2015, with the addition of a tent as referenced in Condition 4 below. 3. When the building is renovated, including the addition, it shall be in substantial conformance with the elevation depicted on the exhibit entitled, "Proposed Building Elevation," prepared by Visioning Studios. 4. A tent shall be permitted on the site, in the general location depicted on the exhibit approved by the Virginia Beach City Council in 2012 entitled, "Grace Bible Church, Use Permit Exhibit." 5. The applicant shall obtain and maintain as necessary, any permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department for the tent. 6. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 7. The Zoning Administrator, with the concurrence of the Building Official, may review and renew the use of the tent on an annual basis. 8. When the shed is designed and constructed, it shall have an exterior color scheme that matches the church building, with the exception that no primary colors shall be permitted. Prior to the installation or construction of the shed, an elevation shall be submitted to the Planning Director to ensure that its design is complementary to the site. Upon such finding, the Planning Director may approve the elevation. 9. Any freestanding or building mounted signage, including any banner or graphic on the building or on the site, shall meet all applicable City ordinances, unless otherwise authorized by the Board of Zoning Appeals. GRACE BIBLE CHURCH Agenda Item 3 Page 3 10. Traffic control measures shall be in place during Sunday services, Wednesday evening services, and during other large special events including but not limited to concerts, weddings, and funerals. This measure, at a minimum, shall consist of a trained traffic control personal, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GRACE BIBLE CHURCH Agenda Item 3 Page 4 Conditions of August 28, 2012 Conditional Use Permit 1. All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 and modified on May 25, 2010 remain in effect. 2. Condition Number 1 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated March 26, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subject to Conditions 4, 5, and 6 of this Modification. 3. Condition Number 2 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled "New Facility for Grace Bible Church; Virginia Beach, Virginia," prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subject to Conditions 4, 5, and 6 of this Modification. 4. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department before erecting the tent. 5. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 6. This Modification of the April 24, 2007 Conditional Use Permit and its subsequent modification on May 25, 2010, is approved for three years from the date of City Council approval. If the applicant desires to continue the use of the tent after the three year period, the Zoning Administrator, with the concurrence of the Building Official, may review and renew the use on an annual basis. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT GRACE BIBLE CHURCH Agenda Item 3 Page 5 HjvnH:) rivis bvid!) Ny-W lfm�q 311s 7W Jill. Jill Jill --- ------- 4 PROPOSED SITE LAYOUT GRACE BIBLE CHURCH Agenda Item 3 Page 7 PROPOSED BUILDING ELEVATION GRACE BIBLE CHURCH Agenda Item 3 Page 8 APPROVED BUILDING RENDERING - 2010 GRACE BIBLE CHURCH Agenda Item 3 Page 9 2 hk k I APPROVED TENT LOCATION - 2012 GRACE BIBLE CHURCH Agenda Item 3 Page 10 —IOZ ..... -13--pv H:)bnH:) 31819 3:)V"d!) F__m* iinv3d 3sn 2 hk k I APPROVED TENT LOCATION - 2012 GRACE BIBLE CHURCH Agenda Item 3 Page 10 BEACH DISTRICT — 2956 Ansol Lane GRACE BIBLE CHURCH V 0 09 A-12 c inewood Road CP PINEW__ D #A �600-35 tke R-1 0 0-2 0-2 0-2 A 2 �O-,2 Interstate 264 Anso— t 7 -75 db DNL AICUZ 0 Modification of a Conditional Use Permit — Religious Use APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure SVR Subdivision Variance # DATE REQUEST ACTION 1 08/28/2012 MOD (Religious Use) Approved 05/25/2010 MOD (Religious Use) Approved 04/24/2007 REZ 1-1 to 0-2) Approved CUP (Religious Use) Approved STC Approved 2 02/26/2002 CUP (Communication Tower) Approved ZONING HISTORY GRACE BIBLE CHURCH Agenda Item 3 Page 11 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning _Appeal Certificate of I Appropriateness (Historic Review -Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board Disposition of City Modification of Property I Conditions or Proffers Economic beVitio—p—ment Nonconforming Use Investment Program iFniol lChanges Encroachment Request Rezoning Floodplain Variance Street Closure Franchise Agreement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. i a SECTION I / APPLICANT DISCLOSURE Check here if the AAPPLICANT 1,5 NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the AMJ9AN—T--15 a corporation, partnership, firm, business, or V\1 DISCLOSURE STATEMENT GRACE BIBLE CHURCH Agenda Item 3 Page 12 Page I of 4 all -4/0 '!!F DISCLOSURE STATEMENT GRACE BIBLE CHURCH Agenda Item 3 Page 12 VhTh* Beach other unincorporated organization, ANQ IIEN -L . complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Grace Bible Church: Matthew Breitenberg, Treasurer/Director; Clarke Tillman, Moderator/Director; Randy Stickley, Recorder/Director; Mark King, Director, Bryan Rex, Director; Eric Sanzone, Director; Geoff Kline, Director; John Lopardo, Director, Bill Miller, Director (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 9111yifyroperty owner if�s di er nUfrom Ap licant. �_ —_ p– — El Check here if the f!RQPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. F–] Check here if the PMPERTY OWNER a corporation, partnership, firm, business, or other unincorporated organization, ANQ —THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (9) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Page 2 of 4 DISCLOSURE STATEMENT GRACE BIBLE CHURCH Agenda Item 3 Page 13 Virldinlia Beach I . Parent subsidiary relationsh p1r means a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation See State and Local Government Conflict of Interests Act. Va Code § 2 2 3 101 2 "Affiliated business entity relationship means "a relationship, other than parent subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity. (u) a controlling owner in one entity is also a controlling owner in the other entity. Of (m) there is shared management or control between the business entities factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets, the business entities share the use of the same offices or employees of otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities - See State and Local Government Conflict of Interests Acl, Va Code It ? 2 3 101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sublect of th sipiz!4�4Ljo or Aa business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: PROVIDER (use additional sheets if [YES [:NO] SERVICE ded) F ---- fV-1 Accounting and/or preparer of L^—J your tax return F\77 Architect �Visioneering Studios L El Architect / Landscape Land Planner Contract Purchaser (if other th:n El FZ the Applicant) - identify purch ser and purchaser's service providers XW70 ONE Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchasees service providers) Construction Contractors Engineers Surveyors Hoy Construction American Engine The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT GRACE BIBLE CHURCH Agenda Item 3 Page 14 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property X T3 Aw Virginia Bea6 [Bu�-B-ank- I Sykes. Bourdon, Ahem & Levy, P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have o an interest in the subject land or any proposed development IAI contingent on the subject public action? If yes, what is the flame of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council. VBDA meeting, or FIGNATURE meetinq of any Public body or committe in connection with this Application. Matt Breitenberg AIPPLICANI'S SICWURE PRINT NAME DATE . J'k PROPERTY OWNEPI(S S PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law DISCLOSURE STATEMENT GRACE BIBLE CHURCH Agenda Item 3 Page 15 Item #3 Grace Bible Church Modification of Conditions 2956 Ansol Lane District 6 Beach December 9, 2015 CONSENT An application of Grace Bible Church for a Modification of a Conditional Use Permit (Religious Use) approved by the City Council on August 28, 2012 on property located at 2956 Ansol Lane, District 6, Beach. GPIN: 14971378480000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 28, 2012, are deleted and are replaced with the conditions listed below. 2. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated September 30, 2015, with the addition of a tent as referenced in Condition 4 below. 3. When the building is renovated, including the addition, it shall be in substantial conformance with the elevation depicted on the exhibit entitled, "Proposed Building Elevation," prepared by Visioning Studios. 4. A tent shall be permitted on the site, in the general location depicted on the exhibit approved by the Virginia Beach City Council in 2012 entitled, "Grace Bible Church, Use Permit Exhibit." 5. The applicant shall obtain and maintain as necessary, any permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department for the tent. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 7. The Zoning Administrator, with the concurrence of the Building Official, may review and renew the use of the tent on an annual basis. 8. When the shed is designed and constructed, it shall have an exterior color scheme that matches the church building, with the exception that no primary colors shall be permitted. Prior to the installation or construction of the shed, an elevation shall be submitted to the Planning Director to ensure that its design is complementary to the site. Upon such finding, the Planning Director may approve the elevation. Item #3 Grace Bible Church Page 2 9. Any freestanding or building mounted signage, including any banner or graphic on the building or on the site, shall meet all applicable City ordinances, unless otherwise authorized by the Board of Zoning Appeals. 10. Traffic control measures shall be in place during Sunday services, Wednesday evening services, and during other large special events including but not limited to concerts, weddings, and funerals. This measure, at a minimum, shall consist of a trained traffic control personal, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approved item 3. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABSENT OLIVER ABSENT RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0, the Commission approved item 3 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. COP Lm 4 QU (A IWM e—V CL� C6� cz co Lu LLI Lb P, LT% 40 LM in co 41 di VO VIA uj In co LO Owl I- , It ui CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TED TIGNOR [Applicant / Owner] Enlargement of a Nonconforming Use, 501 Carolina Avenue (GPIN 2427132281) COUNCIL DISTRICT—BEACH MEETING DATE: January 5, 2016 0 Background: The subject site, zoned R -5S Residential District, was developed with two single-family homes in 1945. Following the adoption of the Zoning Ordinance for the City of Virginia Beach in 1957, more than one single-family home was prohibited in the R -5S District; thus the use of the site is nonconforming. The applicant wishes to construct a small, 335 square foot, addition to the rear of the principal dwelling to accommodate a master bedroom. The added living area constitutes an enlargement to a nonconforming use. Considerations: The proposed minor expansion to the principle dwelling unit is, in Staff's opinion, equally appropriate to the district as the existing nonconformity. The addition will not increase density or alter the use of the site and; therefore, is not expected to have any negative impacts on the adjacent properties. Moreover, the addition is compatible with the residential nature of the surrounding area and character of the neighborhood. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with two absent, to recommend approval to the City Council with the following Condition: There shall be no development of the site beyond the improvements shown on the submitted site plan entities, "PHYSICAL SURVEY OF 501 CAROLINA AVENUE & 704 BALTIC AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: DARRELL A. DRINKWATER," dated July 31, 2006 and prepared by Stephen 1. Boone & Associates. Attachments: Staff Report and Disclosure Statements Resolution Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Ted Tignor Page 2 of ' Submitting Department/Agency: Planning Departme CityManager: 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 501 CAROLINA AVENUE 4 5 WHEREAS, Ted Tignor, (hereinafter the "Applicant") has made application to the 6 City Council for authorization to enlarge a nonconforming use located at 501 Carolina 7 Avenue in the R -5S Residential Zoning District by enlargement of the principle dwelling; 8 and 9 10 WHEREAS, this parcel currently contains two (2) single-family dwellings, which 11 are not allowed in the R -5S Residential Zoning District; and 12 13 WHEREAS, the two (2) dwellings were built prior to the adoption of the 14 applicable zoning regulations and are therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on December 9, 2015; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the parcel, as 29 enlarged, will be equally appropriate to the district as is the existing nonconforming use 30 under the condition of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following condition: 37 38 There shall be no development of the site beyond the improvements 39 shown on the submitted site plan entitled, "PHYSICAL SURVEY OF 501 40 CAROLINA AVENUE & 704 BALTIC AVENUE, VIRGINIA BEACH, 41 VIRGINIS, FOR: DARRELL A. DRINKWATER," dated July 31, 2006 and 42 prepared by Stephen 1. Boone & Associates, P.C.. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of .2016. APPROVED AS TO CONTENT Planbing Departr�ent CAl 3539 R-1 December 15, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attovr'n'ey's dhice BEACH— sot c—d-A— R-59 50 W sio 50 54, w. NIS 510 $%*4 304 % R-" $45 Ted Tignor R-" 9 December 9, 2015 Public Hearing 70-75 dB DNL 40f APPLICANT & PROPERTY OWNER: M3 TED TIGNOR 421 EWE 544 no no so $671 '.5 50 MS 43 411 em 'A3 P01*1 INE"Ift fxpansi� to o Nonr�fixming Use STAFF PLANNER: Kevin Kemp REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 501 Carolina Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24271322810000 BEACH 5,472 square feet 70-75 dB DNL BACKGROUND AND SUMMARY The site is developed with two single-family dwellings. The principle dwelling, constructed in 1945, fronts on Carolina Avenue. A small secondary dwelling, constructed in 1950, is located on the rear portion of the lot and fronts Baltic Avenue. Following the adoption of the Zoning Ordinance for the City of Virginia Beach in 1957, more than one single-family dwelling was prohibited within the R -5S District; thus, the use of the site is nonconforming. The applicant wishes to construct an addition on the rear of the principle dwelling. The added living area constitutes an enlargement of a Nonconforming Use. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." The proposed 335 square foot addition will accommodate a master bedroom. The addition will be one- story and will match the existing principle dwelling in exterior building materials, colors and style. The applicant also proposes various upgrades to the dwelling, such as a new heating and cooling system. No changes are proposed to the smaller rear dwelling unit or the site layout with this application. Ted Tignor Agenda Item 9 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two detached single-family homes SURROUNDING LAND North: 0 Single-family dwelling / R -5S Residential District USE AND ZONING: South: 0 Carolina Avenue 0 Single-family dwelling / R -5S Residential District East: 0 Baltic Avenue 0 Single-family dwelling / R -5S Residential District West: 0 Single-family dwelling / R -5S Residential District NATURAL RESOURCE AND The site is developed with two single-family homes. The site is CULTURAL FEATURES: located in the Owls Creek Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: This site is located on the edge of the Resort Strategic Growth Area as designated in the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP), which was adopted December 2, 2008. In order to support year-round activity at the oceanfront, one of the Development Strategies listed in the RASAP is to "grow residential." This site falls somewhere between urban and suburban, so both sections of the Comprehensive Plan's Special Area Development Guidelines were considered in Staff's review. IMPACT ON CITY SERVICES There are no impacts to City services expected with this request. EVALUATION AND RECOMMENDATION The applicant's request to construct an addition to the rear of their single-family dwelling to accommodate a master bedroom is, in Staff's opinion, reasonable. The proposed one-story addition will not increase density or alter the use of the site and; therefore, is not expected to have any negative impacts on the adjacent properties. Moreover, the proposed addition is compatible with the residential nature of the surrounding area and character of the neighborhood. The maximum lot coverage permitted in the R -5S Zoning District, per Section 502 of the Zoning Ordinance is 40 percent. The proposed addition will increase the lot coverage to 41 percent. The applicant wishes to address this increase in lot coverage through Section 221 (i) that allows City Council may, for good cause shown and upon finding that there will be no significant detrimental effects on Ted Tign ' or Agenda Itern 9 Page 2 surrounding properties, allow for reasonable deviations from the required lot coverage. Staff feels that due to the scale and location of the proposed addition, that there will be no significant detrimental effects on the surrounding properties. Staff concludes that the proposed minor expansion to the dwelling unit is equally appropriate to the district as the existing nonconformity and recommends approval of this request with the Conditions listed below. CONDITIONS 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "PHYSICAL SURVEY OF 501 CAROLINA AVENUE & 704 BALTIC AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: DARRELL A. DRINKWATER," dated July 31, 2006 and prepared by Stephen 1. Boone & Associates, P.C. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. A'— Ted I t!qnor Agenda It* 9 Pade 3 AERIAL OF SITE LOCATION Ted Tignor Agenda Item 9 Page 4 ban =4, Jow"t Low no wwr w co A.M.' Aft Aw ON, wo FAWWW r ftift No soas powafto tqmw of ft 333 -OWN ou *ow -ft" .4.4.or .,rft N-5 M CARDLINA AVENM (50 W fFCMWMY 5CVM4 STPterr) PHYSICAL SURVEY -1 SNI -M M"w— AMM x Wam 13 ACM swr oxv awl A, v fla "t 0 " , �'. i W— &.,&c PROPOSED SITE PLAN Ted Tignor Agenda Item 9 Page 5 6'FENCE 4'FENCE GRAVEL DRIVE M tu u CAROLINA AVENUF, (50'"iv", 1 1 (FORMMY 5EVEW11 23TREf'� 11 PROPOSED SITE LAYOUT Ted Tignor Agenda Item 9 Page 6 PROPOSED FLOOR PLAN OF ADDITION Ted Tignor Agenda Item 9 Page 7 Kz I t mumankm ?v �71 SECOND DWELLING UNIT - VIEW FROM BALTIC AVENUE Ted Tignor Agenda Item 9 Page 9 BEACH— Sol Carollin. A..n.. Ted Tignor A R -5S R -5S 402 319 515 513 511,� 70-75 dB DNL 406-E 4" 512 510 504 �500 7�� 40 518 514 !4 522 429 423 421 It4s SITE 435 505 501 A,4v- 5" .25 521 519 517 424 '420 416 434 430 R -5S P, 500 504 5is 425 423 421 524 433 530 R -5S IN jvA%3* 507 50 515 G 521 Expansion to a Nonconforming Use APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR - Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure SVR Subdivision Variance DATE I REQUEST I ACTION 1 1 04/12/1982 1 CUP (Duplex) ID WON mil "MAL91M Ted Tignor Agenda Item 9 Page 10 .,VJ Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Reach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION I / APPLICANT DISCLOSURE Check here if the APPLICANT 15 NO a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the APPLICANT a corporation, partnership, firm, business, or FOR C17Y USE ONtY / All disclosufes must be updated two (2) weeks prio r to Plim-rm A"d Cily Council �rtjnu that pertains to the APPLICANT NOTIFIED Of HEAR114C DATE NO CHANCES AS 01; J)ATE REVISIONS SUBMITTED DATE Page I of 4 W4!4 DISCLOSURE STATEMENT Te ligpor Agen a 11:1,07-119 Pagle"' 11 Taginia Beach other unincorporated organization, AND THM. complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) NIA (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) _N/A See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only it property owner Is differen fr -&ant. It Qm App 0 Check here if the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Y 1A (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT Ted TiOnor Agenda Ift%A6- 9 Page 12 COO I Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation-* See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101, 2 'Affiliated business entity relationship" means 'a relationship, other than parent -Subsidiary relationship, that exists when (I) one business entity has a controlling ownership Interest In the other business entity, III) a controlling owner In one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3 101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the apolication or any business operating or to be operated on the Property. If the answer to any Item is YES, please identify the firm or individual providing the service: FE� N 0] Y s F I] Gd El [21 El [a I-] 1Z F77777��VICE Accounting and/or preparer of your tax return Architect / Landscape Anchitect Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchasees service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purichasees service providers) Construction Contractors Engineers / Surveyors P 07R6VIDERo, a4ditionalsho*tsif ROVIDER tuse needed) F _ I ZJI-t COA46d)jN The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT f Ted Tifin'or Agenda It. 9 Page 13 wo Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property vff&ia Beach SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N 0 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT Ted T 9por Agenda IteWn 9 Page 14 I certifythat all of the information contained in this Disclosure Statement Form is rCERTIFICATION: complete, true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, orl meeting of any public body or committee in connection with this Applicati n. Z�Z^l z 7e-.,-* /l. I 10141"r APPLICANT'S SIGNATURE PRINT NAME 1 DATE IeW ritopf A: PRINT NAME I DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT Ted T 9por Agenda IteWn 9 Page 14 Item #9 Ted Tignor Enlargement of a Non -Conforming Use 501 Carolina Avenue District 6 Beach December 9, 2015 CONSENT An application of Ted Tignor for an Enlargement of a Nonconforming Use on property located at 501 Carolina Avenue, District 6, Beach. GPIN: 24271322810000. CONDITIONS 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "PHYSICAL SURVEY OF 501 CAROLINA AVENUE & 704 BALTIC AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: DARRELL A. DRINKWATER," dated July 31, 2006 and prepared by Stephen 1. Boone & Associates, P.C. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approved item 9. AYE 9 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY OLIVER RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 9-0, the Commission approved item 9 for consent. Mark Janik appeared before the Commission on behalf of the applicant. ABSENT ABSENT IvWA' WRMMN ce 40- 0 m 400 D ul uj x I Z� 4t 4 IA. 64'c'l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE UNITARIAN CHURCH OF NORFOLK [Applicant] SKANSKA USA CIVIL SOUTHEAST INC [Owner] Conditional Use Permit (Religious Use), 809 South Military Highway (GPIN 1456260036) COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: January 5,2016 E Background: The Unitarian Church of Norfolk was established in 1930. The 185 - member church plans to relocate to the subject site to accommodate the projected growth of the congregation. The 9.5 -acre site is zoned 0-2 Office District and B-1 Neighborhood Business District. The church will occupy the existing brick building, which is a fine example of quality, colonial style architecture. Church services will be held on Sunday mornings, as well as a number of religious education classes and community meetings throughout the week. The applicant will offer childcare during the Sunday services and will operate a pre-school/childcare facility during the week. 0 Considerations: No changes are proposed to the exterior of the existing brick building; however, the interior space will be renovated to accommodate the church use. The site features an abundance of mature trees which the applicant intends on preserving. The proposed request for the church to occupy the existing building is consistent with the Comprehensive Plan's land use policies for the Suburban Area and, in Staff's opinion, is compatible with the surrounding commercial uses. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. 0 Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0 with two absent and two abstentions, to recommend approval to the City Council with the following Conditions: 1. Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act (ADA) with regard to the amount required and marking. The Unitarian Church of Norfolk Page 2 of 2 3. All necessary permits and a Certificate of Occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. In addition, any signs that are illuminated must use an external source of light to better integrate with the building's architecture. Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage KEMPSVIU.E DWict— sog s. mn"Hw" The Unitarian Church of Norfolk R-10 A? 2 �r /. . B-2 41 B-2 k-19 :2 x// Conditional Use Permit (Religious Use) REQUEST: Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 809 South Military Highway 7 December 9, 2015 Public Hearing APPLICANT: THE UNITARIAN CHURCH OF NORFOLK PROPERTY OWNER: SKANSKA USA CIVIL SOUTHEAST INC. STAFF PLANNER: Jimmy McNamara GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14562600360000 KEMPSVILLE 9.52 acres Less than 65 clB DNL BACKGROUND / DETAILS OF PROPOSAL Background The Unitarian Church of Norfolk was established in 1930. The 185 -member church plans to relocate from Norfolk to Virginia Beach into a larger facility that will be able to accommodate the church's projected growth of up to 300 -plus adult members. Details The 9.5 acre site is currently zoned 0-2 Office District and B-1 Business District. The existing, all brick structure was most recently used as an office building. The applicant intends to renovate the building and hold religious services and offer education classes to its members. Services will take place on Sunday mornings. Religious education classes and other church and community meetings will be held on Sunday mornings as well as during the evenings throughout the week. The applicant intends to provide childcare services for its members during Sunday services as well as operate a pre-school/childcare operation during the week. The hours of operation are proposed as 6:00 a.m. to 7:00 p.m. A child care education center is a permitted use in the 0-2 Office District; therefore, no Conditional Use Permit is required. THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 1 The existing site has adequate parking for the proposed 350 seat main auditorium. The applicant is not proposing any significant modifications to the site or to the exterior of the building. Interior renovations and remodeling will occur inside the building. The property is located in the Resource Protection Area of the Chesapeake Bay Preservation Area and, according to the application, the natural environment and wooded setting attracted the church to this site. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant building SURROUNDING LAND North: 0 Multi -family residential / A-1 8 Apartment District USE AND ZONING: South: 0 Indian River Road * Fuel station and convenient store / B-2 Community Business District East: * Military Highway 0 Auto sales and self -storage / B-2 Community Business District West: 0 Elizabeth River 0 Single-family residential / District R-10 Residential District 0 Commercial shopping center Community B-2 Business District NATURAL RESOURCE AND The site is adjacent to the Elizabeth River and is located in the CULTURAL FEATURES: Chesapeake Bay Watershed. In addition, a majority of the site, including buildings and parking area, is located in the Resource Preservation Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. Much of the property is located in the AE flood zone, however no alteration or improvements are proposed in this area. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within Suburban Focus Area 8 - Military Highway Corridor. This area includes both sides of Military Highway. THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): No roadway CIP are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 — 214 ADT Weekdays and 315 ADT Military Highway 52,934 ADT 26,300 ADT i (LOS 4 11C11) 48,200 ADT I (LOS 4 "E") Sunday Proposed Land Use 3— 774 ADT Weekdays and 364 ADT Sundayl Indian River Road 30,964 ADT 26.300 ADT I (LOS 4 11C11) 48,200 ADT 1 (LOS 4 "E") 'Average Daily Trips 2 as defined by a 350 -seat church 3 as defined by a 350 -seat church and a 125 child care business 4 LOS = Level of Service WATER: This site is already connected to City water. SEWER: This site must connect to City sewer. Sewer and pump station analysis for Pump Station #411 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The Conditional Use Permit request for a Religious Use at this site is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with surrounding commercial and industrial uses and the Plan's recommendation to encourage more compatible uses, such as institutional uses, in the corridor. The applicant does not propose any exterior alterations to the existing aesthetically pleasing building. No other site improvements are proposed. The site contains ample parking to satisfy the parking requirements for a Religious Use. The site features an abundance of mature trees, which in Staff's opinion, adds great value to the City's tree canopy. As a result, Staff recommends preserving the tree line along South Military Highway. THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 3 Likewise, it is noted in the application that the applicant strongly values the attractive natural environment that the site provides. Staff recommends approval of this request with the conditions below. XOR11011191M 1 . Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act (ADA) with regard to the amount required and marking. 3. All necessary permits and a certificate of occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. In addition, any signs that are illuminated must use an external source of light to better integrate with the building's architecture. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. An applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 4 AERIAL OF SITE LOCATION THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 5 Front of Existing Building Onsite Parkina THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 7 Onsite Accessory Building WOW*. virtmia DNA DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure �Subdivision Variance I [Metlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION I / APPLICANT DISCLOSURE EJ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX -1 Check here if the APPLICANT Is a corporation, partnership, firm, business, or DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 10 Page I of 4 El-�' �-1, AN NW1111 il All" C1 DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 10 other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Unitarian Church of Norfolk: Allen Perry, President; Jeanie Kline, Vice President; Leon Bevon, Treasurer; Perry Duncan, Board Secretary; David Howell, Financial. Secretary; Jenny Foss, Trustee; Mark Fetterly, Trustee; Kevin St. George, Trustee; Ron Lovell, Trustee; Jim Early, Trustee; Phil Caminer, Trustee (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different Lrom Applicant El Check here if the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Skanska USA Civil Southeast Inc.: See Attached List (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 11 Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation See State and Local Government Conflict of Interests Act, Va Code § 2,2-3101 2 . Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis. or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the ai)plication or any business or)erating or to be or)erated on the Prof)erty. If the answer to any item is YES, please identify the firm or individual providing the service. FY 7ES FN 0] F SERVICE PROVIDER (use additional sheets if needed) I Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) onstruction Contractors Engineers / Surveyors Robyn Thomas The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict -1 1— __ — I - - I :_ .. DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 12 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two,weeks prior to the Planning Commission, Council, VBDA meetding,or meetiaq o ublic bqA�Or committee in connection with this Application. David Howell, Financial Secretary akt A I P ICA S i AtO DATE PRINT NAME PROPERTY OWNER S SICNATURE I PRINT NAME - 64TE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 13 Fi ancing (include cur rent TowneBank (Brad Hunter) FX -1 El mnor Ig age holders and lenders selected or being considered to provide financing for acq u isition or construction of the property) FX1 Legal Services Sykes. Bourdon, Ahern & Levy, P.0 ZEl Real Estate Brokers / Agents for current and anticipated future Sam Seger & Associates, Cushman. lWakefieldrThalhimer sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two,weeks prior to the Planning Commission, Council, VBDA meetding,or meetiaq o ublic bqA�Or committee in connection with this Application. David Howell, Financial Secretary akt A I P ICA S i AtO DATE PRINT NAME PROPERTY OWNER S SICNATURE I PRINT NAME - 64TE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 13 X ID V.10 Virginia Beach TowneBank (Brad Hunter) Sykes. Bourdon. Ahern & Levy. P C Sam Segar & Associates, Cushman, Wakefield/Thalhimer I J SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO �'-Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interest? IN: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APP[ ICAN 1 5 SIGNATURE PRINT NAME DATE PROP[ IifllY 01ANt R'S SIGNAI URE PRINJ ;-!�ATT The disclosures (untained in this forri are ne(essary to infoirn pobla officials ",ho may vote on the application as to whether they have a conflict of interest iinder Virginia la\N Page 4 of 4 DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 14 Financing (include current F7 N L J 'L mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) [/Ki El Legal Services RX Real Estate Brokers / Agents for Current and anticipated future sales of the subject property X ID V.10 Virginia Beach TowneBank (Brad Hunter) Sykes. Bourdon. Ahern & Levy. P C Sam Segar & Associates, Cushman, Wakefield/Thalhimer I J SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO �'-Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interest? IN: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APP[ ICAN 1 5 SIGNATURE PRINT NAME DATE PROP[ IifllY 01ANt R'S SIGNAI URE PRINJ ;-!�ATT The disclosures (untained in this forri are ne(essary to infoirn pobla officials ",ho may vote on the application as to whether they have a conflict of interest iinder Virginia la\N Page 4 of 4 DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 14 PROPERTYOWNEIR DISCLOSURE,: Skan%ha USA Civil Soutlicast Inc. f/k/aTidewater ('Onstruction Corporation: WY7 wers: SalvatorcTaddeo, Executive Vice President Robert J. Rose, Sr. Vice President/Gencral Managei Tony Taddco, St. Vicv President Wade Watson, Vice Presidmit Jaine,s K Biookshire, 111, Viec President .James Gover, Vice President Chad Saunders, Vice President Jav Erk%ln, Vice President Stephen Davis, Vice President/Asst. Secretary Kenneth,LJohnson, CrO/Secretav)iffreasurtr Petet Lundstroin, Assistant Secretary Nicole Vanl)ykt,,, Assistant Secretary Michael Cobelli, Chairman Michael Viggiano, Directoi Salvatorc'Faddeo, Director Rolwil Rose, Director Scott MacLeod, Directoi PU IT I I L-Slib-Ldwrio: Skaiiska USA 00 Inc. Affiliated Rpsinm-�i -s: Skanska USA Inc. Skansku USA Civil Northeast Inc. Skanska Koch [tie.. Undeipinning & Foundation Skanska, Inc - Industrial Contractors Skanska Inc. Skanska USA Civil West bic. Ilayshore Concrete Products Corporation PCI Skansha Inc TF,C S�,anska, Inc. DISCLOSURE STATEMENT THE UNITARIAN CHURCH OF NORFOLK Agenda Item 7 Page 15 Item #7 The Unitarian Church of Norfolk Conditional Use Permit 809 South Military Highway District 2 Kempsville December 9, 2015 CONSENT An application of The Unitarian Church of Norfolk for a Conditional Use Permit (Religious Use) on property located at 809 South Military Highway, District 2, Kempsville. GPIN: 14562600360000. CONDITIONS 1. Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act (ADA) with regard to the amount required and marking. 3. All necessary permits and a certificate of occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. In addition, any signs that are illuminated must use an external source of light to better integrate with the building's architecture. A motion was made and seconded by Commissioner Weiner to approve item 7. By a vote of 7-0-2, with the abstentions so noted, the Commission approved item 7 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 0 NAY 0 ABS 2 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABSENT OLIVER ABSENT RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON ABS WALL AYE WEINER AYE By a vote of 7-0-2, with the abstentions so noted, the Commission approved item 7 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. At 041 In e� w qr- 41, 3nN3AV VINVAIASNN3d m Le tic L.Li m > ui m LU (A a�j At 041 In e� w qr- 41, 3nN3AV VINVAIASNN3d cc LU a�j u 4.W krw qj cu cu IL At 041 In e� w qr- 41, 3nN3AV VINVAIASNN3d 3nN3AV AMR I 8 cc 4.W cu 3nN3AV AMR I 8 IA. ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANTIAGO V. LIVARA III [Applicant] SLACSAR, LLC [Owner] Conditional Use Perm! (Automobile Repair Garage), 129 Pennsylvania Avenue (GPIN 1467849327) COUNCIL DISTRICT—BAYSIDE MEETING DATE: January 5, 2016 0 Background: The subject site, zoned 1-1 Light Industrial District, contains an 8,500 square foot vacant commercial building. The applicant wishes to occupy the entire building for the purpose of operating an automobile repair garage. The proposed automobile repair business will specialize in high performance automobile modifications, aerodynamics and body modification, engine and transmission removal and installation and metal fabrication. 0 Considerations: The subject site is located within the Central Village District of the Pembroke Strategic Growth Area. The proposed use is not consistent with the Comprehensive Plan's recommendation for this portion of the Pembroke SGA; however, the automobile repair use is consistent with the existing character of the area and is deemed an appropriate interim use until the surrounding area begins to redevelop consistent with the recommendations of the SGA Plan. Rather than a complete redevelopment of the site, this request is limited to minimal improvements to the existing site and building. Although the improvements are minimal, they will bring the site closer to compliance with the requirements of the Zoning Ordinance with regard to parking and foundation landscaping. Further details pertaining to the site, as well as Staffs evaluation of the request, are provided in the attached staff report. 0 Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0 with two absent and two abstentions, to recommend approval to the City Council with the following Conditions: Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the site plan entitled "PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: SHOU YAN LIN & CHUAN JIN SUN. EXHIBIT FOR CONDITIONAL USE PERMIT, 12/09/2-15," dated February 28, 2006, prepared by Stephen 1. Boone & Associates and noted on by Staff. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. Santiago V. Livara III Page 2 of 2 2. The site shall not be striped or no vehicle shall be parked on the site such that the vehicle backs out of the parking space into the public right-of-way. 3. No less than four (4) planters shall be installed along the front side of the building. The planters shall have a minimum height, width, or depth of two (2) feet, and shall be reviewed and approved by the DSC Landscape Architect prior to the issuance of a Certificate of Occupancy. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. No motor vehicle repair work shall take place outside of the building. 7. No outside storage of tires, parts, or equipment shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 8. No outside storage of tires, parts, or equipment shall be permitted. 9. This Use Permit is temporary and shall be valid no more than ten (10) consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) of the Zoning Ordinance, the Zoning Administrator may extend the Conditional Use Permit administratively. Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manage��) SAYNDE— u9P_1w_.A._ Santiago V. Livara III 5038 $020 205 (I LAND ST CLEVELANDSTREET CLEVELAND S I 5"7 5043 5029 5017 SW3 '037 112 124 12" �J 129 120 125 123 127 Zi C 1$2 21 -B 116 <65 �B DNL 116 43 106 IT ----- - Condftional Use Permit (Autornobile Repair Garage) REQUEST: Conditional Use Permit (Automobile Repair Garage) ADDRESS / DESCRIPTION: 129 Pennsylvania Avenue 8 December 9, 2015 Public Hearing APPLICANT: SANTIAGO V. LIVARA III PROPERTY OWNER: SLACSAR, LLC STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678493270000 BAYSIDE 9,461 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow for an automobile repair garage on the subject site. The 9,461 square foot site contains a vacant, 8,550 square foot, two-story commercial building. The building is currently vacant. The applicant proposes to occupy the entire building with an automotive repair business. The applicant's automobile repair business specializes in high performance automobile modifications, aerodynamics and body modification, engine and transmission removal and installation, and metal fabrication. The hours of operation will be Monday through Friday, 11:00 a.m. to 7:00 p.m., Saturday 12:00 p.m. to 5:00 p.m., and closed on Sundays. The business is anticipated to employee four people. There are no significant changes to the site layout or the exterior of the building proposed with this application. The two service doors, one on the front fagade and one on the north fagade, will remain. New signage will be added to the front fagade, and a separate permit will need to be obtained from the Zoning Office prior to its installation. The existing parking area on the north side of the building will remain and will fulfill the parking requirements. As typical in this area of the City, the paved portion of rights-of-way in front of the buildings SANTIAGO V. LIVARA III Agenda Item 8 Page 1 are used for parking. Section 203 (b) of the Zoning Ordinance prohibits any parking space from being arranged such that maneuvering directly incidental to entering or leaving the space be on any public street, alley or walkway. The site is almost entirely covered in impervious surfaces, making the addition of plant material difficult. The applicant has agreed to install four planters, of a minimum height, width or depth of two -feet, in front of the building to enhance the aesthetics of the site. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant commercial building SURROUNDING LAND North: 0 Office & warehouse / 1-1 Industrial District USE AND ZONING: South: 0 Office & warehouse / 1-1 Industrial District East: 0 Pennsylvania Avenue a Office & warehouse / 1-1 Industrial District West: 0 Office & bulk storage / 1-1 Industrial District NATURAL RESOURCE AND The site is entirely developed with a one story building and CULTURAL FEATURES: associated parking surface. The site is located within the Chesapeake Bay Watershed. There do not appear to be any significant environmental or cultural features associated with the site. COMPREHENSIVE PLAN: The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. In the Central Village District, the plan calls for an eclectic, mid to low-rise commercial and urban residential area. This development will be in the form of live -work, loft and row -house residential buildings and smaller scale mixed use commercial buildings. The Virginia Beach Transit Extension Study includes a light rail station near the intersection of Jersey Avenue and Southern Boulevard, approximately two blocks from the subject site. In addition, a shared -use path is being studied that would run parallel to and south of the light rail line. A five-foot sidewalk is being considered north of the light rail line. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Cleveland Street, in the vicinity of this application is a two-lane, undivided minor suburban arterial. It is not included in the MTP. Currently, this segment of roadway is functioning at LOS C or better. Pennsylvania Avenue, in the vicinity of this application, is a two-lane undivided local street. It is not included in the MTP. SANTIAGO V. LIVARA III Agenda Item 8 Page 2 A roadway CIP project is slated for this area. Witchduck Road- Phase 11 (CIP 2-025) will provide a six -lane divided roadway on a 131 -foot right-of-way from Interstate 264 to Virginia Beach Boulevard. This project will include improvements and modifications to Cleveland Street, Mac Street, Pennsylvania Avenue, Southern Boulevard, Admiral Wright Road, and Denn Lane. During construction, Pennsylvania Avenue will be used as a detour route for vehicles as part of the traffic control plans. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Pennsylvania Avenue No data is available No data is available Existing Land Use '— 379 ADT Proposed Land Use 3 - 379 ADT 1 13,600 ADT I (LOS 4 11C11) Cleveland Street 7,519 ADT 15,000 ADT I (LOS 4 "D") 16,200 ADT I (LOS 4 "D") 'Average Daily Trips 2 as defined by general retail- 8,550 square feet 3 as defined by auto repair and parts- 8,550 square feet 4 LOS = Level of Service WATER: This site is connected to City water. There is an existing six-inch City water main along Pennsylvania Avenue that terminates approximately 110 feet north of the property, near the intersection with Cleveland Street. The existing one -inch meter (City ID #95060031), located 130 feet north of the property off the City water main along Pennsylvania Avenue, may be used or upgraded to accommodate the proposed development. SEWER: This site is connected to City sewer. There is an existing eight -inch City sanitary sewer main along Pennsylvania Avenue. EVALUATION AND RECOMMENDATION The applicant's request consists of occupying an existing commercial building with an automobile repair garage. The subject site is located in the Central Village district of the Pembroke Strategic Growth Area. The proposed use is not consistent with the Comprehensive Plan's recommendation for this portion of the Pembroke SGA; however, the automobile repair use is consistent with the existing character of the area, and is deemed appropriate as an interim use until the surrounding area begins to redevelop consistent with the recommendations of the SGA Plan. Rather than a complete redevelopment of the site, this request is limited to minimal improvements to the existing building and site. Consistent with similar interim uses in this SGA, Condition 9 is recommended which provides that the Use Permit will be reevaluated in ten years. Although the proposed site improvements are minimal, they will bring the site closer to compliance with the requirements of the Zoning Ordinance with regard to parking and foundation landscaping. Due to the nature of the site and the orientation of the building, there is minimal space available for enhancements to the site; however, the applicant will add four significantly sized planters in front of the building that will SANTIAGO V. LIVARA III Agenda Item 8 Page 3 soften the predominately impervious site. Additionally, Staff recommends a condition that would prohibit the paved area in front of the building to be used for parking. For the reasons stated above, Staff recommends approval of this request with the conditions below. CONDITIONS 1 . Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the site plan entitled "PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: SHOU YAN LIN W CHUAN JIN SUN. EXHIBIT FOR CONDITIONAL USE PERMIT, 12/09/2015," dated February 28, 2006, prepared by Stephen 1. Boone & Associates and noted on by Staff. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The site shall not be striped or no vehicle shall be parked on the site such that the vehicle backs out of the parking space into the public right-of-way. 3. No less than four (4) planters shall be installed along the front side of the building. The planters shall have a minimum height, width or depth of two (2) feet, and shall be reviewed and approved by the DSC Landscape Architect prior to the issuance of a Certificate of Occupancy. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. No motor vehicle repair work shall take place outside of the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 8. No outside storage of tires, parts, or equipment shall be permitted. 9. This Use Permit is temporary and shall be valid no more than ten (10) consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) of the Zoning Ordinance, the Zoning Administrator may extend the Conditional Use Permit administratively. SANTIAGO V. LIVARA III Agenda Item 8 Page 4 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. An applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SANTIAGO V. LIVARA III Agenda Item 8 Page 5 t Ift irk -V - AERIAL OF SITE LOCATION SANTIAGO V. LIVARA III Agenda Item 8 Page 6 THIS IS TO CERTIFY THAT ON FEBRUARY 78. 2008, 1 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE UNICS A140 PHYSICAL IMPROVEMENM ARE SHOWN ON THIS PLAT, THE IVPROVEMEXTS STXUD STrdCTLY WITHIN THE TME "ES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS EXCEPT AS SHOWN, THE BUILDING SHOWN HEREON APPEARS TO BE IN FLOOD 20ME 'X' FIRM MAP CITY OF VIRGINIA BEACH COMIZURITY No. $15531 MAP REWSKIINi DECEMBER S. 1996 PANEL No, 007BE THIS SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. BLDG, OF OTHERS ;q 75.00' 16 T O -S'- 45, V AT— - Al �OT%V- 1 4 - C )W18ARB WIRE TNk;S b )RY METAL b BLDG. #129 q 9 _0 - Tf LLJ POST 45.2' -4, z TT .0 SPHALT� > uj 11.1% (F) 71 125.00 - PENNSYLVANIA AVENUE (50' R/W) PHYSICAL SURVEY or 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA LOTS 22, 23 & 24, BLOCK 50 EUCLID PLACE u B. 4 , P. &3 FOR: SHOU YAN LIN & CHUAN JIN SUN STEPHEN 1. BOOK 4c ASSOCIATES, P.C. LAND SURVEYORS SCALE: 1, 20' PORTSMOUTH. VIRCIMA DATV FEBRUARY 2tL 2006 DRA".1 JATI F 8, 504, P. 47 Joe #! 06-0303 SITE SURVEY fw SANTIAGO V. LIVARA III Agenda Item 8 > Page 7 i vw cy ol r PARKING IN THIS AREA CANNOT BE SITUATED SO THAT CARS BACK OUT INTO THE RIGHT-OF-WAY NAIL [Condifion #2] L_IN (F) POWER 125.00' POLE 75.00' POWER POLE SITE LAYOUT SANTIAGO V. LIVARA III Agenda Item 8 Page 8 61 BLDG. OF 5� OT14ERS 75.00' r -A A/C STEEL 0 .4' BAY DOOR POST a-6 - u Enz IZ C2� 6' CL.F. W/BARB WIRE (OTHERS k2l.) C3 )RY METAL 0 c� BLDG, #129 0 u') b z z LL. 0 PL�TERS (APPROXIMAITE LOCATION) [Condition #3] -STEEL POST BAY DOO 0� 9, cy ol r PARKING IN THIS AREA CANNOT BE SITUATED SO THAT CARS BACK OUT INTO THE RIGHT-OF-WAY NAIL [Condifion #2] L_IN (F) POWER 125.00' POLE 75.00' POWER POLE SITE LAYOUT SANTIAGO V. LIVARA III Agenda Item 8 Page 8 EXISTING COMMERCIAL BUILDING SANTIAGO V. LIVARA III Agenda Item 8 Page 9 BAYSIDE— 129 Pennsylvania Avenur Santiago V. Livara III L 20 5020 L /LLAND S T CLEVELAND STREET CILLVELAND S I 5047 5043 5029 5,)17 5033 5037 132 124 129-B SITE Z 129 LU 120 3 :5 125 Uj 123 127 :3 Z Z LU 112 121 _B W) Z Uj Z LU V) 121 <65 DNL lidB 108 106 Conditional Use Permit (Automobile Repair Garage) APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure SVR Subdivision Variance # DATE REQUEST ACTION 1 09/15/2015 CUP (Housing Resource Center) Approved 09/15/2015 CRZ (1-1 to Conditional B-4) Approved 2 08/04/2015 CUP (Automobile Repair Garage) Approved 3 09/11/2012 CUP (Bulk Storage Yard) Approved ZONING HISTORY SANTIAGO V. LIVARA III Agenda Item 8 Page 10 VB Virginia Britt 11 DISCLOSURE STATEMENT FORM The completion arid submission of this form is reqUired for all applications that pertain to City real estate matters or to the development arid/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other- body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Pioperty Alternative Compliance, Special �XceRtilwl for - Board of Zoning Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic D�veloprnent Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION I / APPLICANT DISCLOSURE El Check here if the APPLICANT IS IVOT a corporation, partnership, firrn, business, or other unincorporated organization. FX] Check here if the APPLICANT I a corporation. partnership, firm, business, or , _ ___ -5 'C.' "'T" ON"' /All disclosures must �e —vcd�te(l v�o i?) —p—, to a—cy Page I of 4 1W .... It, Cr.mml.. d CityCouncd mee0oa ibat penains ro the aoiAcAtton(s) [3 1 APPLICANT NOTInm OF KARMIG DATE [3 NO C14ANGES AS OF DATE A& Rivislovs 5=41TTED DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 11 X Y3 VX) Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc- below- (Attach list if necessary) Santiago V Livara III Jiorjo V. Livara (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page. for information pertaining to footnotes' an(] 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Propperty owner is Offer�n_; frRm_A_w_1k_a_P_t- Check here if the PROPERTY OWNER 15 NOTa corporation, partnership, firm, business, or other unincorporated organization. rX_1 Check here if the PROPERTY OWNER11S a corporation, partnership, firm, business, or other unincorporated organization, A_NDTHEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) SLACSAR, L.L.C. Stephen J. Dubanevich, Manager (8) List the businesses that have a pare nt-su bs idiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 12 X in VX) vilginia Beach I , Par efit-�Llbsidldl V 1"laiii-inship" niedits a relationship that exists when one cciporation dirertly of inclitectly owns shares possessing roore than SO per(ent of the voting power of another corpniation See State and Local Cover nnient (:onfli(t of Interests A( t, Va C--ocle 4 2 ? 3 101 Affiliated business entity relationship' mearis 'a tolationshil), other than l3aFVf1t-SLJbS1d1RtY relationship, that exists when r) one business entity has a (cintrolliog ownership interest in the other business entity, (if) a controlling owner in one entity i% also a controlling owner in the other entity, of 00 there is shared management or control bemeen the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship un-lude that the same person or substantially the same per -on own or manage the two entities, there are common of commingled funds of assets. the business entities share the use of the same offices or employees or othe",vise share activities, resources of personnel on a regular ba5is. of there is otherwise a close working relationship between the entities." See Mate and I ocil Government Conflict of interests Act, Vat Code § 2 2 .3 101 SECTION 3. SERVICES DISCLOSURE Are any of the following set -vices being provided in connection with the subiect of the app—lic0pri or any business orierafi i or to be o )f! ty- if the answer qg or to be o erated on the Prop _r_ to any item is YES, please identify the firm or individual providing the service: No SERVICE Fm 11 The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a confli(l of interest tinder Virginia law DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 13 nX Accounting and/or preparer of your tax return f�/l Architect / Landscape Architect 1^1 Land Planner nX Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Cons truction Contractors Engineers/ Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a confli(l of interest tinder Virginia law DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 13 Fe VB Virginia Bv�ich Financing (include current mortgage holders and lenders I selected or being considered to fX(5 provide financing for acquisition or construction of the property) Legal Services Joel Ankney, ESQ. Real E5tate Brokers / Agents for current and anticipated future Thalhimer, Inc. sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO � Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meet . R9 of 'any public bqqy or committee in connection with this Application. -A Santiago V. Livara III APPL� �Al SSIQNATURE PRIN I NAML DATE I -SLACSAR, L.L.C. ACSAR, The di5closuie5 contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a confli(i of intpi Psi tinder Virginia law V-� - DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 14 Item #8 Santiago Livara, III Conditional Use Permit 129 Pennsylvania Avenue District 4 Bayside December 9, 2015 CONSENT An application of Santiago Livara, III for a Conditional Use Permit (Automobile Repair Garage) on property located at 129 Pennsylvania Avenue, District 4, Bayside. GPIN: 14678493270000. CONDITIONS Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the site plan entitled "PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: SHOU YAN LIN V CHUAN AN SUN. EXHIBIT FOR CONDITIONAL USE PERMIT, 12/09/2015," dated February 28, 2006, prepared by Stephen 1. Boone & Associates and noted on by Staff. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The site shall not be striped or no vehicle shall be parked on the site such that the vehicle backs out of the parking space into the public right-of-way. 3. No less than four (4) planters shall be installed along the front side of the building. The planters shall have a minimum height, width or depth of two (2) feet, and shall be reviewed and approved by the DSC Landscape Architect prior to the issuance of a Certificate of Occupancy. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. No motor vehicle repair work shall take place outside of the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 8. No outside storage of tires, parts, or equipment shall be permitted. 9. This Use Permit is temporary and shall be valid no more than ten (10) consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) of the Zoning Ordinance, the Zoning Administrator may extend the Conditional Use Permit administratively. A motion was made and seconded by Commissioner Weiner to approved item 8. Item #8 Santiago Livara, III Page 2 AYE 7 NAY 0 ABS 2 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABSENT OLIVER ABSENT RIPLEY AYE RUCINSKI AYE RUSSO ABS THORNTON ABS WALL AYE WEINER AYE By a vote of 7-0-2, with the abstentions so noted, the Commission approved item 8 for consent. The applicant appeared before the Commission. t ui co cro 49*0 - - - �e c 4Z AV CYIPKT- -- Sao A" aj CL 64,q 13 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAVE RIDING VEHICLES [Applicant] LES SHAW [Owner] Alternative, Compliance to Form Based Code. 609 191h Street (GPIN 2417975432) COUNCIL DISTRICT—BEACH MEETING DATE: January 5, 2016 0 Background: Four small businesses that focus on the custom design and handmade production of specialty goods would like to open in an existing building located in the Oceanfront Resort District. The City Zoning Ordinance recognizes portions of these uses as a manufacturing and fabricating establishment, and a wholesaling and distribution operation. These uses are not permitted by -right in the Oceanfront Resort District; thus, City Council approval for a Special Exception for Alternative Compliance is needed for the businesses to operate. 0 Considerations: The proposed uses are greatly in-line with the goals of the Vibe Creative District, where they are located. Due to the small scale of the proposed uses, the typical negative impacts of manufacturing, fabricating, wholesaling, and distribution operations, will not be experienced by surrounding residents or businesses. Minor exterior improvements such as repainting, outdoor seating, and potted landscaping will be made by the applicant. The Permits and Inspections Administrator agreedib defer the required parking improvements for one year. 0 Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with two absent, to recommend approval of this request to the City Council with the following conditions: With the approval the City of Virginia Beach Permits and Inspections Coordinator, the minimum parking pavement requirements shall be made to the site within one year after the date of City Council approval. 2. This Special Use Exception for Alternative Compliance is approved to allow businesses under 3,000 square feet in area that focus on the custom design and handmade production of specialty goods. Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Wave Riding Vehicles Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme6w------ City ManagerQ�t� (4,7Z'�66y'l-t BIACH DISTFUCr- Wle$- Wave Riding Vehicles OR OR OR OR OR Altemative Comphatwe 5 December 9, 2014 Public Hearing APPLICANT: WAVE RIDING VEHICLES OWNER: LES SHAW STAFF PLANNER: Kristine Gay REQUESTS: Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code ADDRESS/ DESCRIPTION: 607 1 gth Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24179754320000 BEACH 7,671 square feet 70-75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Request The applicant is requesting a Special Exception for Alternative Compliance to the Form -Based Code to allow a use that is not included in the Permitted Use Table found in Section 5.2. Four small-business owners would like to locate their businesses within an existing building on a site zoned OR - Oceanfront Resort District. Due to certain operational aspects of each of the businesses, the City Zoning Ordinance recognizes the proposed uses as a mixture of an art studio, manufacturing and fabricating establishment, wholesaling and distribution operation, and an eating and drinking establishment. Manufacturing and fabricating establishments, and a wholesaling and distribution operations are not included in the Permitted Use Table; thus, City Council approval of a Special Exception for Alternative Compliance is required for these uses to operate on the subject site. WAVE RIDING VEHICLES Agenda Item 5 Page 1 Proposed Uses Custom sign design and fabrication - 528 square feet in area - 1 employee - Hours of operation will vary based on workload - All signs are fabricated and painted by -hand - Pinstripe painting will take place on-site and off-site when necessary - No on-site retail is associated with this use Custom furniture design and fabrication - 1,214 square feet in area - 1 - 5 employees may be on site depending on workload - Hours of operation will vary based on workload - Custom wood working is made to order - Products are sold locally as well as distributed - No on-site retail is associated with this use Custom design and fabrication of leather and cloth goods - 480 square feet in area - 1 — 5 employees may be on site depending on workload - Hours of operation will vary based on workload - All products are hand -sewn - No on-site retail is associated with this use Specialty coffee roasting and caf6 - 1,935 square feet in area - 1,100 square feet of area will be used for roasting and packaging - 835 square feet of area will be used as a caf6 - 1 — 8 employees may be on site depending on workload - Anticipated hours of operation are from 7:00 am to 6:00 prn - On-site retail will consists of the sale of coffee beans/grounds that have been roasted and packaged on site. Site The proposed uses will be located within the building located at 607 1 gth Street. The coffee roaster and cafd will be located in the unit closest to the street. The roaster will be visible from the sidewalk and outdoor seating will be provided. Parking for the businesses will be located on the three parcels to the west. The applicant is requesting to defer the requirement to pave the parking area for one year. During this interim year, the paved area located between the building and 19th Street will be used to meet the minimum requirements for ADA accessible parking. Shipping and Distributing Approximately once a month, the businesses receive a shipment that requires more than a typical box van. The specialty coffee roaster ships out twice a week through the US Postal Service and delivers wholesale orders once a week using a standard pick-up truck. The remaining businesses distribution/shipping depends largely on the work load and project type. WAVE RIDING VEHICLES Agenda Item 5 Page 2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant commercial building SURROUNDING LAND North: 0 Single-family residential / OR Oceanfront Resort District USE AND ZONING: South: 0 1 gth Street 0 Apartments / OR Oceanfront Resort District East: * Commercial / OR Oceanfront Resort District West: 0 Commercial / OR Oceanfront Resort District NATURAL RESOURCE AND There are no known unique natural or cultural features located on CULTURAL FEATURES: this lot. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form -Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area. The proposed development is consistent with the objectives of RASAP. EVALUATION AND RECOMMENDATION Based on the mixed-use parking criteria, 15 parking spaces are required. The City of Virginia Beach Permits and Inspections Coordinator has agreed to defer the requirement to pave the parking area for one year; however, the minimum ADA parking requirements will be required prior to receiving their certificate of occupancy. Certain operational aspects of the proposed uses are considered manufacturing and fabricating, and wholesaling and distribution; these uses are not allowed in the Oceanfront Resort District. However, given the small scale of the proposed uses, and the local, handmade, and artistic nature of each of the uses, Staff finds them to be appropriate for the subject site and recommends approval of the Special Exception for Alternative Compliance subject to the conditions below. CONDITIONS 1. With the approval the City of Virginia Beach Permits and Inspections Coordinator, the minimum parking pavement requirements shall be made to the site within one year after the date of City Council approval. WAVE RIDING VEHICLES Agenda Item 5 Page 3 2. This Special Exception for Alternative Compliance is approved to allow business under 3,000 square feet in area that focus on the custom design and handmade production of specialty goods. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WAVE RIDING VEHICLES Agenda Item 5 Page 4 I EM IN& V 17� ML Street . No AERIAL OF SITE LOCATION WAVE RIDING VEHICLES Agenda Item 5 Page 5 526 q, �o �; PROPOSED FLOOR PLAN WAVE RIDING VEHICLES Agenda Item 5 Page 6 BEACH DISTRICT — 607 19' Street Wave Riding Vehicle! OR OR It I OR 0 R 0 R P Alteri ive Compliance APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR = Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT = Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure SVR = Subdivision Variance # DATE REQUEST ACTION 1 01/02/2009 CUP (Farmers Market) Approved 2 12/01/2015 CUP (Outdoor Recreation) Pending ZONING HISTORY WAVE RIDING VEHICLES Agenda Item 5 Page 7 The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property In the Cky of Virginia Beach requiring action by the City council or a board, commission, or other body appointed by the City Council. Such applications and matters Include, but are not limited to, the followInW. Modiftation of Conditions or Proffers Nonconforming Use changes rRezoning S Stmt closum Rn 9 'zoni L tr"t CI*51j Subdivision Variance s 0 Wetlands Board The disclosures contained In tMs form are necessary to Inform publk offIcIals who may vote on the appkatlon as to whether 0.— they have a ccaffict of interest under Virginia law. SECTION I /APPLICANT DISCLOSURE 0 Check here If the APPLICANT IS NQT a corporation, partnership, flrm, business, or other unincorporated "anization. Vcheck here If the APPLICAa a a corPoratio", partnership, firm, business, or Ac DISCLOSURE STATEMENT WAVE RIDING VEHICLES Agenda Item 5 Page 8 r P DISCLOSURE STATEMMI FORM - The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property In the Cky of Virginia Beach requiring action by the City council or a board, commission, or other body appointed by the City Council. Such applications and matters Include, but are not limited to, the followInW. Modiftation of Conditions or Proffers Nonconforming Use changes rRezoning S Stmt closum Rn 9 'zoni L tr"t CI*51j Subdivision Variance s 0 Wetlands Board The disclosures contained In tMs form are necessary to Inform publk offIcIals who may vote on the appkatlon as to whether 0.— they have a ccaffict of interest under Virginia law. SECTION I /APPLICANT DISCLOSURE 0 Check here If the APPLICANT IS NQT a corporation, partnership, flrm, business, or other unincorporated "anization. Vcheck here If the APPLICAa a a corPoratio", partnership, firm, business, or Ac DISCLOSURE STATEMENT WAVE RIDING VEHICLES Agenda Item 5 Page 8 I 'Parem-subsidiary telalfonshill' means 'a relationship that exists when one cormstion directly or Indirectly owns shares possessing more than 50 percent of the voting Power of another corporation," sim State and Local GmrnMnt CwMict of Interests Act, Va. Code fi 2.2.3 101 � 2 *Affillated business tnft MIA60113W means 'a Wationship, Othef than Parent-iubsidiary relationship, that exists when 0) one business entity has a controlling owntr$Mp interest in he other buskiess entItY. 00 a Controlling O"Of in On@ eaft Is also a controlling owner in the other enthy, or (01) there Is shared management or control between the business entities. Factors that should be considered in determ" the existence of an AMIlated business entity relationship Include that the same person or substantially the same person own of nw1w the two entities; there are common or commingled funds or assets; the business entities share the use of the twe oftes or employees or Otherwise ShWe activities. resowces or personnel on a regular basis. or There is Otherwise a close working relationship between the entities.' Su State and local Covernment Conflict of interests Act, Va. Cod* 6 2.2-310 1. SECTION 3. SERVICES DISCLOSURE Art any of the following services being provided In connection with the subiart of the apIll"tion or AM business Ming or to he awrated on the PIM192M. If the answer W any ftern Is YES, please identify the firin or Individual providing tihL% service: HF NO] SERWE [3( 1 Accouinlin and/or prewer of 0 E( 0 1z( 0 d yow tax ratum Ambitect / Landscape Anctiltect LOW Pla Contract laurch"er Of odar than the Applicut) - Ideaft purchases, and purchmis service providers Any otbar pandling or proposed ouirchaser of the subject propeny (Identify PUrChil"f(s) and ourchasees s"ce providers) Construction Contractors I Eftelmers, / Surveyors [MOVII—MA The disdosures contained In this form are necessarV to Inform public PaW 3 of 4 AcIall who may vote on the application as to whether they have a confila if interest under Virginia law. DISCLOSURE STATEMENT WAVE RIDING VEHICLES Agenda Item 5 Page 9 other unincorporated organization, AND complete the fiAowlv*. (A) List the APPIlCarit'S name followed by the names of all offters, directors, members, trustees, partners, etc. below: (Att*Ch list it f1ccessilry) t O.A A 1i (B) List the businesses that have a parerit-subsidiary 1 or affiliated business entity relationship wkh the Appticant: (Attach I/$ if nwscessO P1�6-csiMi A r�., Md -N. ki see next page for information pertaining to footnote$ I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE conapkite Secdon 2 arJv if vM9M4WAAr Is MIMI IMKAMkM ched here if the PRMKU OWNER IS a corporation, P4M*1`sNP, firm, business, or other unincorporated organization. W."C'heck here if the —OPERTY ONMRff a corporation, partnership, firm, business, or other unincorporated organization. AND 77ML complete the following. W List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below; _(Attvch list If nw-essary) (8) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if neceS$dry) The disclosures contained In this form are necessary to inform public Page 2 of 4 officlais who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WAVE RIDING VEHICLES Agenda Item 5 Page 10 0 0, 0 0 financing Onclude current mortgage holders and lenders selected or being considered to provide financlog for &C40151tion or construction of the propertY) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subJect property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO cloas an officiall or employoo of the City of Virginia kach have ain interest In the subject land or ony proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what Is the nature of the interest? I cl ro at all of the in Ice r ation contained in this Disclosure Statement Form Is n CCMm P' couI or� te. I un n r Stan d rstand t t. n receipt of notification that the application has been e sche sch rof bl led for public led! �01 Ing, I am responsible for updating the information provided h he erel tw two weeks I r to the Planning Commission, Council, VBDA meeting, or m t 0 0, 0 0 financing Onclude current mortgage holders and lenders selected or being considered to provide financlog for &C40151tion or construction of the propertY) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subJect property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO cloas an officiall or employoo of the City of Virginia kach have ain interest In the subject land or ony proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what Is the nature of the interest? I cl ro at all of the in Ice r ation contained in this Disclosure Statement Form Is n CCMm P' couI true, and accu t 'u in te. I un n r Stan d rstand t t. n receipt of notification that the application has been e sche sch rof bl led for public led! �01 Ing, I am responsible for updating the information provided h he erel tw two weeks I r to the Planning Commission, Council, VBDA meeting, or m t vfjixv�pu c a dy or committe4 in connection with this Appilation. ssc MNt NAME I DATE L2*-> C -4 -do kl4 AtOKM Owws SWC MAL I MW NAME The disclosures contained In this form are necessary to inform public Page 4 or 4 offlclals who nW vote on the application as to whether they hm a conflict of interest under Virginia law. DISCLOSURE STATEMENT WAVE RIDING VEHICLES Agenda Item 5 Page 11 Item #5 Wave Riding Vehicles Alternative Compliance 609 19th Street District 6 Beach December 9, 2015 CONSENT An application of Wave Riding Vehicles for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code on property located at 607 19th Street, District 6, Beach. GPIN: 24179754320000. CONDITIONS 1. With the approval the City of Virginia Beach Permits and Inspections Coordinator, the minimum parking pavement requirements shall be made to the site within one year after the date of City Council approval. 2. This Special Exception for Alternative Compliance is approved to allow business under 3,000 square feet in area that focus on the custom design and handmade production of specialty goods. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 5. AYE 9 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY OLIVER RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE NAY 0 ABS 0 ABSENT 2 By a vote of 9-0, the Commission approved item 5 for consent. L.G. Swain and Brad Ewing appeared before the Commission. ABSENT ABSENT �4 0 w z z w z IL LD Ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE MEADOWS, LLC [Applicant] / FIVE MILE STRETCH ASSOCIATES, LLC; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. [Owner] Conditional Change of Zoning (AG -1 and AG -2 to Conditional R-10 Residential) 2800-2900 Block of Princess Anne Road (northeast side of Princess Anne Road, opposite the Virginia Beach National Golf Course (GPINS 1494470310,1494461695,1494471877, 1494464666,1494475502,1494475847,1494479615,1494481279,1494482492, 1494485388, and a portion of 1485841210) Comprehensive Plan: Suburban Area [Princess Anne Corridor]. Proposal is for 80 single-family dwellings (density of 1.89 units per acre). COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: January 5, 2016 N Background: The applicant has consolidated 11 parcels of undeveloped land totaling 42.45 acres for the purpose of developing an 80 -lot single-family residential subdivision. To develop the site as proposed, the applicant is requesting a Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional R-10 Residential District. On December 8, 2015, due to the lack of complete public notification as required, this application was deferred to the January 5, 2016 meeting. The City Council had previously deferred this application on November 17 to allow the applicant to make several revisions to the site plan and to the proffers in response to issues related to connectivity of the site to the area around it and to Princess Anne Road, as well as to the appearance of the proposed development from Princess Anne Road. The revisions are described below. 0 Considerations: Since the time of the November 17 deferral, the applicant has made the following revisions: Revised Proffer 2 of the Conditional Zoning Agreement One of the points of discussion during the Planning Commission public hearing pertained to the designation by the Master Transportation Plan (MTP) of Princess Anne Road, from Ferrell Parkway to Nimmo Parkway, as an 'Access Control Roadway.'The MTP states that private direct access is not permitted on an Access Control Roadway "except when the property in question has no other reasonable access to the circulation system." Currently, the only available access for the Princess Anne Meadows Page 2 of 6 proposed development is the location shown on the proffered plan. To address the issue of Access Control, the applicant agreed during the Planning Commission to revise Proffer Two to provide for the closure of the access point for the community located on Princess Anne Road if London Bridge Extended as shown on the MTP was constructed. After the Planning Commission public hearing, additional discussion with the applicant resulted in a more extensive revision to Proffer 2 that provides greater specificity about the requirement for connection of the proposed development to future roadways of the surrounding properties, as well as the 'trigger' for the closure of the community's access point as proffered by the applicant. City staff prepared a concept plan of the area showing how a system of roadways could provide these connections (see attached plan titled "Conceptual Plan of Sub - Area 2 of Princess Anne Corridor Study (Showing future roadway connections)." Proffer 2 now also requires that the Homeowners Association Documents as well as Sales Contracts include a statement notifying those purchasing a home in the community that the roadways in the neighborhood may potentially be connected to new roadways in the surrounding area, and accordingly, traffic on neighborhood streets may increase. The revised Proffer 2 states the following: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include with each sales contract as well as part of the Homeowners Association documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the Property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either'London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. To enhance the opportunities for roadway connections, the applicant has also revised the site plan to include a new future roadway connection to the west (shown at the top left of the site plan south of the stormwater lake). The revised site plan is attached, and is also within the staff report. A copy of the site plan showing the connection points to and from the proposed development to surrounding properties is also attached, titled as "Proffered Plan Showing Points of Roadway Connectivity." Princess Anne Meadows Page 3 of 6 Landscape Area Parallel to Princess Anne Road: Another outcome of the discussions with the applicant is a new "Frontage Landscaping Plan." The new plan increases the degree of buffering from Princess Anne Road while also enhancing the view along Princess Anne Road in front of the proposed development. The new plan now includes a multiple series of features, including a six-foot high tan/brown vinyl privacy fence along the rear yard lot lines of the homes, a row of evergreen plantings, a six-foot high aluminum wrought -iron style fence with brick columns, small ornamental shrubs and trees, and large canopy trees. The plan, titled "Plan - Princess Anne Road Frontage Landscaping" is attached. Additional details pertaining to the proffered development plan, building elevations, and Staff's evaluation of the request, including consistency with the Comprehensive Plan recommendations for this area are provided in the attached staff report. There was opposition to the application. 0 Recommendations: The Planning Commission passed a motion by a recorded vote of 7-3, to recommend approval of this request to the City Council as proffered. Attachments: "Conceptual Plan of Sub -Area 2 of Princess Anne Corridor" "Proffered Plan Showing Points of Roadway Connectivity" "Plan - Princess Anne Road Frontage Landscaping" Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval with the attached proffers. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmenO�__ City Manage <� �L Ze ML -L, r Princess Anne Meadows Page 4 of 6 �d 00 ul CIO 6. CI) d) m C G Ile WW Z�-�- 0— it tj 0 u < z mz Wz < (r) < 0 0: j �— 0 0 U Z CO u Cc W I (m, .- W WZ <WZ— DOU-Mwzw E5 zrz- E 0 x UJ .:r LLI CO lu- U Z U, z z z 0 . W 0. < ;a 0 z 2 U 0 0: LL. Z 00 0 C4 W 40, LA. 0 0 E a 0 o z LU 4 z 'i z 3: E CL -4 M E .J 0 o 4 uj Z LU L) z CL 0 0 LL. 0 C/) q: (WHIRRA Iro O.fiGACRES LAKESMF TRAIL P �01 MILE MANNGE OPEI OAR 114 ACRES 0.1 -MANAGED I AWN �3ACRFS OPFN ARE A 13 loy. 41 41 FORE� .00 1w a ;J� lAY NITY C L COP., �A �4V EL 'U Ty "Jo 19 LES TOTAL; AME '4 REA WIE%�'E j ItA TIJ 16ACRES LAKESIVE TRAf' t�)27 MILE FORE'JED OPEN AREA 0 33 ACRE�' , (�'T4AGEQ "'V), N AREA A, ko e\l 6,14, 1 (to be buot as to West CONNECI ION SpE !.ALr� TO SHARE GN p� USE PATF Typ !CAL S7Al,()lj (1 06 MILES TOTAL rc; F, F;jT)RE- mof4'jIlE'JT SIGN, "A't' �D I EVELOPPAIFNIS ANL'�- A'[' CONNECTION bU�FLR SHARED USE MA NAe&419 PATH OPLN PRINGESS ANNE ROAD Princess Anne Meadows Page 6 of 6 Ln CN W C4 z Of E zm(n z DOT2 F-� . -T- W 0 0 (D (D C) T :) (0) z z CL I 0 W z < U) CO 0 z U) < Z >- W z < W (D < :>: 0 < Z Lf) Z < W -1 W (D z Z Lon z Q� W 0 U) LU < F- 0 Cr -j fn (D -J:D X z 0 LL 0 -j Cr U- < 0 U) U) 0 < < 0 Cr z WJ W z z W z < z W W < W L) p� W (Z) U) U) Cu") W z m W -, F- U- X z L C I z I — >- U),: Cr z 0 e- Z z Z > W z < W z Ix 3: (D < -i > LLI 0 < X W -i W m > 12 U) F-: W 0 W IRINCESS ANNE Princess Anne Meadows, L.L.C. R7_6' R10* R7 9.. AG1 1,10 70- AG1 AG AGI R7, AGI AM �AGI L AGI R7.5' AG2 AGT A 1, 1 11:4 AG2 G G 6 5- 70 4113 L dtt AG2 R 0 '4 7 January 5, 2016 City Council Meeting APPLICANT: PRINCESS ANNE MEADOWS, LLC. PROPERTY OWNERS: FIVE MILE STRETCH ASSOCIATES, LLC; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning (AG -1 and AG -2 Agricultural Districts to Conditional R-1 0 Residential District) ADDRESS / DESCRIPTION: 2800-2900 Block of Princess Anne Road (northeast side of Princess Anne Road, approximately 1,000 feet northwest of the intersection of Princess Anne Road and Tournament Drive) GPINS: ELECTION SITE SIZE: AICUZ: 1494470310;1494461695;1494471877; DISTRICT: 42.45 acres 65-70 dB DNL 1494464666-11494475502;1494475847; PRINCESS ANNE Sub -Area 2 1494479615;1494481279;1494482492- 1494485388; and a portion of 14858412�0 BACKGROUND / DETAILS OF PROPOSAL Application History At its September 9, 2015 public hearing, the Planning Commission deferred this application for the purpose of providing the applicant time to consider comments and observations from the Planning Commission and to revise the plans and proffers as desired. The applicant has submitted a revised plan that shows five fewer lots, an increase of open space from the previous 19 percent to 29 percent, and greater detail with regard to recreational amenities, circulation, and connectivity. PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 1 Background The applicant has consolidated 11 parcels of undeveloped land on the north side of Princess Anne Road for the purpose of developing an 80 -lot single-family residential development. To develop the site as proposed, the applicant is requesting a Change of Zoning from AG -1 and AG -2 Agricultural Districts to Conditional R-10 Residential District. The proposed development site is located within an area between Holland Road and Princess Anne Road that consists of over 30 separate parcels of various shapes and sizes. The Comprehensive Plan, as part of the Princess Anne Corridor Study ('Corridor Study') refers to this area as 'Sub -Area 2' (not to be confused with the 65-70 dB DNL AICUZ, Sub -Area 2). The specific recommendations of the Corridor Study for this area are discussed later in this report. The development of the area as one, or two separate developments, is constrained by the following: • The western and northern part of the area is impacted by the proposed alignment of the Southeastern Parkway and Greenbelt (SEPG), its interchange with Princess Anne Road, and its crossing of Holland Road. When the SEPG commences toward construction, it is not yet known how much of the properties in this western portion of the site will be acquired. • Ownership in this area is complex. Two of the parcels are owned by family trusts, with one of the trusts held by a trustee located in New York City. Finally, three of the parcels located near the Virginia Power right-of-way (and adjacent to the applicant's proposed neighborhood) are small parcels owned by members of the Etheridge family; therefore, any development to the west would be required to protect these properties to ensure compatibility or thoughtfully incorporate the parcels into the development. • Staff believes that based on recent U.S. Army Corps of Engineers (COE) non -tidal wetland delineations in this area of the city, much of the western part of this area may possess the type of vegetation and meet criteria now used by the COE for identification of non -tidal wetlands. • The southeastern part of the area is impacted by non -tidal wetlands, which have been delineated by the COE. The applicant has a Memorandum of Agreement with the COE and the Virginia Department of Historic Resources pertaining to development of the subject site. • The southeastern part of the area is also constrained by the alignment of a proposed roadway connection between Holland Road and Princess Anne Road that is shown on the Master Transportation Plan. • The entire area known as Sub -Area 2 is impacted by a 66 -foot wide right-of-way owned by Dominion Virginia Power that runs through the area from west to east. Details Site Layout and Lots: • The proposed plan consists of 80 lots on 42.45 acres of developable land, which results in a density of 1.89 units per acre). • The subdivision is laid out in a traditional suburban pattern with the lots adjacent to each other located on a street system that includes three cul-de-sac roadway terminations. The street right- of-way is shown as 50 feet and the street section on the plan meets City standards. • Since the requested zoning change is for R-1 0 Residential rather than PD -H2 Planned Development that was requested with a past application for some of these properties, the setback distance for the yards, the lot coverage, and all of the other dimensional requirements must meet those specified in the Zoning Ordinance for the R-10 District. • The area of the site south of the Virginia Power right-of-way will have 59 lots and the area north of the right-of-way will have the remaining 21 lots. PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 2 The plan shows all of the streets with a sidewalk on at least one side. Connections across the streets from one sidewalk to another are distinguished from the asphalt surface of the roadways by a decorative pattern change in surface treatment (the specific material and design will be determined during site plan review). Open Space / Landscaping: • In addition to private open space associated with each lot, there are 12.35 acres of open space area within the development area. The proffered plan indicates that the open space consists 3.43 acres of lakes, 5.15 acres of forested area, 2.61 acres of managed lawn area, and 1.16 acres of buffer dedicated to the City between Christopher Farms and the proposed right-of-way for the future road connection between Holland Road and Princess Anne Road. The cemetery located on the development site is not part of the calculated open space for the proposed community. The total area of open space equates to 29 percent of the total site acreage. • The plan shows that the open space includes trails around the lakes, as well as a 'pet park,' located at the southeast corner of the site, and a recreational area, located just to the north of the Virginia Power right-of-way. The recreational area includes playground, gazebo, picnic pavilion with a grill, and a permanent cornhole tournament area. • A trail within the pet park connects to a paved accessway that runs along the eastern side of an existing stormwater pond associated with Princess Anne Road. That accessway connects with the bicycle and pedestrian path along Princess Anne Road. • A 20 -foot wide landscaped area will be located between the Princess Anne Road right-of-way and the rear lot lines of the parcels parallel to Princess Anne Road. The area will be included in the overall maintenance of the open space areas, as managed by the Homeowners Association. • A detail of the area that accompanies the site plan shows the area will consist of a multiple series of features, including a six-foot high tan/brown vinyl privacy fence along the rear yard lot lines of the homes, a row of evergreen plantings, a six-foot high aluminum wrought -iron style fence with brick columns, small ornamental shrubs and trees, and large canopy trees. Site Access: Primary vehicular and pedestrian access will be directly from Princess Anne Road at an existing median opening on Princess Anne Road. The median opening is designed for double -left turns to the north and to the south. The access roadway for the proposed subdivision is shown adjacent to the point where a 20 -foot wide lane intersects Princess Anne Road. From the point of intersection with Princess Anne Road, the lane extends northward immediately adjacent to the western side of the subject site, providing access to a cluster of houses adjacent to the Virginia Power right-of-way. The status of the lane as private or public is difficult to determine by a review of the various subdivision plats and deeds in the area. The various plats label it as either a "20 -Foot Road," "20 - Foot Lane," or a "20 -Foot R. of W." A 1960 plat notes that "A 15 Ft. strip along S side of 20' R of W will be dedicated to PA County if or when needed to widen Rd." A 1922 plat (prior to the Commonwealth establishing Princess Anne Road), labels it as "Lane," and based on the length of the property line, the lane extended south of what is now Princess Anne Road, then went southeast along what is now the northern property line of the Virginia Beach National Golf Course until intersecting what is now Princess Anne Road. Some of the plats and deeds for property north of the Virginia Power right-of-way label the road as Schoolhouse Road (as shown on the proffered plan). Based on Staff's research, it is highly likely that the 'lane' is a 20 -foot wide public right-of-way that originally ran from Holland Swamp Road (now Holland Road) to where the small group of houses are located where the lane crosses the Virginia Power right-of-way (formerly a railroad line to southern Princess Anne County), and then eastward to the Courthouse. PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 3 • The proffered plan shows that the applicant is providing a 50 -foot wide right-of-way roadway connection to the western portion of the area. This connection is located immediately north of the main access on Princess Anne Road. This roadway also provides a means for a driver on the 20 - foot wide lane to access Princess Anne Road. • The proffered plan also shows an area for a roadway connection to the eastern portion of the surrounding area. This potential connection is located at the end of the cul-de-sac of the southernmost neighborhood roadway that parallels Princess Anne Roadway. • The plan shows a cul-de-sac in the northeastern corner of the site that will allow for the extension of the street to the proposed future roadway connecting Holland Road and Princess Anne Road. Staff will ensure that Lots 65 and 66, which are adjacent to the end of the cul-de-sac, are configured such that there is sufficient right-of-way at the end of the cul-de-sac to allow for the connection. • The plan also provides a connection opportunity to the adjacent area to the west. This connection is located at the northwestern corner of the site, between the southern side of the stormwater management facility (lake) and Lot 71. • The design of the main entrance into the subdivision from Princess Anne Road will consist of a divided roadway with brick walls flanking both sides of the roadway. The walls will be accentuated at the highest point adjacent to the roadway by columns that are capped with a peaked roof element. As the wall moves away from the roadway, it will gradually curve down to tie into the six- foot high fence described in the previous section. • The neighborhood identification sign will be located in the median of the divided roadway. The principal design elements of the sign are the same as the walls flanking the entrance, and include a brick sign panel with brick column elements on both sides, matching those of the roadway entrance. • The identification sign is shown mounted to the brick sign panel. Since the sign will be located in the public right-of-way, the applicant will need to obtain an Encroachment Agreement from the City. • Emergency access for the community will be provided by a secondary 'emergency access lane,' which will extend from the southernmost street in the community to Princess Anne Road via an existing paved lane that runs adjacent to the eastern side of an existing stormwater pond associated with Princess Anne Road. This lane will be improved to support the weight and width of emergency response vehicles and will be gated and secured as required by the Fire Department. Houses: • The developer has proffered colored elevation drawings depicting nine house styles that are indicative of what will be built in the subdivision. The styles are compatible with those in the nearest residential neighborhoods, such as Christopher Farms, located to the northeast. • Each two-story house will contain a minimum of 2,400 square feet of enclosed living area, excluding the garage, and each one-story house will contain a minimum of 2,150 square feet of enclosed living area, excluding the garage. • Every dwelling will have a two -car garage and off-street parking for at least two vehicles. • Proffer 6 of the Conditional Zoning Agreement states that the exterior building materials will be a combination of arch itectu ral-grade shingles, raised metal -seam roof accents, Hardieplankg or similar fiber -cement siding, or masonry. PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped SURROUNDING LAND North: 0 Single-family dwellings / R-7.5 Residential District USE AND ZONING: South: 9 Princess Anne Road 0 Golf course, residential dwelling and undeveloped land AG -1 & AG -2 Agricultural District East: 9 Undeveloped land / AG -1 & AG -2 Agricultural District a Single-family dwellings / R-7.5 Residential District West: 0 Undeveloped land / AG -1 & AG -2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The applicant has conducted Phase I and Phase 11 archaeological surveys of the development site. The surveys were a component of the non -tidal wetlands permitting process of the Corps of Engineers (Corps). Federal regulations implementing Section 106 of the National Historic Preservation Act (NHPA) require the Corps to take into account the effects of the proposed permitted action on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) prior to the issuance of permits. Accordingly, the Virginia Department of Historic Resources (DHR), which acts as the State Historic Preservation Office (SHPO) under the provisions of NHPA, requested and reviewed the archaeological surveys. As a result of the surveys, a small area of the proposed development site was identified as being eligible for inclusion in the NRHP. A "Memorandum of Agreement (MOA) among Princess Anne Meadows, LLC [the applicant], the Virginia State Historic Preservation Office, and the Norfolk District, Corps of Engineers" pertaining to additional research of the identified area, as well as protection of the historic resources throughout the development site has been agreed upon and executed. An additional participant in the preparation of the MOA was Ms. Susan Moore, a resident of Christopher Farms, a nearby neighborhood. In summary, the MOA requires the applicant to, among other actions, do the following: Develop and implement a data recovery plan for the site identified as being eligible for the NRHP [no development activity can occur in this area until the SHPO allows it]; Conduct a detailed survey of and develop and implement a plan for the Brown Family Cemetery (the general area shown on the proffered plan as "CEMETERY"); and Cease construction activity in the immediate area (1 00 -foot radius) around any human skeletal material or grave -related features that are encountered outside the cemetery preservation area as well as any potential historic resources uncovered anywhere within the development site (the MOA provides the process to be followed upon such a finding). The MOA also provides requirements regarding the preparation of report documents and their submission, the professional qualifications of those who conduct the research, and the method by which all resources are to be deposited for permanent curation with DHR. COMPREHENSIVE PLAN: The subject site is located within the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons as well as Sub -Area 2 of the Princess Anne Corridor Study (Corridor Study). The guiding plan for Princess Anne SEGA 4 is the Interfacifity Traffic Area & Vicinity Master Plan (ITA and Vicinity Plan). The guiding plan for Sub -Area 2 is the Corridor Study, which PRINCESS ANNtAEADOWS January 5, 2016 City Council Meeting Page 5 is adopted by reference as a component of the Comprehensive Plan. Accordingly, the Comprehensive Plan provides two distinct but complementary sets of planning policies for the site. The principal land use policies and recommendations provided by the ITA and Vicinity Plan for Princess Anne SEGA 4 primarily focus on the area south of Princess Anne Road that, in prior Comprehensive Plans, was the western portion of the Transition Area. The ITA and Vicinity Plan, however, also focuses on areas north of Princess Anne Road and west of Dam Neck Road, for which the Comprehensive Plan either had previously provided specialized land use policies, such as for Princess Anne Commons, or currently provides specific policies, such as the Sub -Areas in the Corridor Study. Accordingly, development proposals for the subject site are guided by the land use policies and recommendations of the ITA and Vicinity Plan as well as the Princess Anne Corridor Study. Discussion of the relevant policies and recommendations for the evaluation of this rezoning is provided in the Evaluation and Recommendation section of this report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP11: Princess Anne Road is a four -lane divided roadway with parallel multi -use trails. The speed limit is 55 mph. The subdivision entrance is at a median break and will displace a private street serving three houses; however, this private street traffic will be rerouted through the new subdivision. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2- 10 ADT (30 ADT, 2 AM Peak Hour Trips, and 3 PM Up to 32,500 ADT I (LOS 4 Peak Hour Trips for 3 houses on a private Princess Anne 30,500 ADT "C") street) Road Up to 34,900 ADT I (LOS I "E") -- Capacity Proposed Land Use 3 — 843 ADT (64 AM Peak Hour Trips, and 85 PM Peak Hour trips) Average Daily Trips 2 as defined by the Agricultural zoning of the total acreage of the subject parcels 3 as defined by 80 -house development plus 3 houses on private street of through traffic 4 LOS = Level of Service A right -turn lane on Princess Anne Road will be required during site plan review of this subdivision. The turn lane shall have a minimum 150' storage and 150'taper. WATER: This site must connect to City water. Public water must be extended by the developer to serve each single-family parcel with an exclusive tap and meter. There are existing 10 -inch and 20 -inch City water mains located within Princess Anne Road, and there is an existing 20 -inch City water main in the Dominion Virginia Power 66 -foot wide right-of-way. PRINCESS ANNE -MEADOWS January 5, 2016 City Council Meeting Page 6 SEWER: This site must connect to City sanitary sewer. City sanitary sewer does not front this site. Each single-family parcel must be served by an exclusive lateral connection. The Department of Public Utilities has discussed potential cost participation with the developer to design and construct a sanitary sewer pump station with additional capacity to provide service to surrounding parcels. Plans and bonds will be required for construction extension of the sanitary sewer system. SCHOOLS: School Current Capacity Generation Change2 Enrollment Christopher Farms 642 724 19 17 Landstown Middle 1,485 1,582 12 12 Landstown High 2,195 1 2,368 17 16 1 " generation" represents the number of students that the development will add to the school 2 11 change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION The applicant has consolidated 11 parcels, zoned AG -1 and AG -2 Agricultural, to create a single 42.45 - acre parcel that the applicant proposes to develop as an 80 -lot single-family residential community. The applicant has proffered building elevations as well as exterior building materials that are consistent with the Comprehensive Plan's recommendations regarding quality of design. Vehicular access to the site has been limited to one existing access point on Princess Anne Road that currently provides access for a lane that runs north to a small group of homes. Use of this access point for the proposed development, while also maintaining and improving the access to the private lane, is consistent with the 'Access Control' designation of Princess Anne Road. With regard to the Comprehensive Plan's land use recommendations for this area, the proposed development site is located within an area designated as Sub -Area 2 of the Princess Anne Corridor Study (no relationship to Sub -Area 2 of the 65-70 AICUZ) as well as the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons, as designated by the Comprehensive Plan. Policy recommendations for SEGA 4 are provided by the ITA and Vicinity Plan. The general goals for land uses of the Princess Anne SEGA 4 - North Princess Anne Commons are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. An important general recommendation for any development within this area is that direct private access to Princess Anne Road will not be permitted due to its designation as an 'Access Control' roadway in the City's Master Transportation Plan. Access for such roadways is allowed only where it already exists or planned, or when the property in question has no other reasonable access to the circulation system. The applicant is using an existing access point where a median break and turn lanes exist (left -turn into the site) or will be constructed (right -turn into the site). The applicant, however, is proffering that when the connector roadway between Princess Anne Road and Holland Road (or similar) is built, this existing access point will be closed. The Princess Anne Corridor Study provides land use policies and recommendations that are specific to the subject site and the immediately surrounding area, which the Corridor Study designates as Sub -Area PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 7 2. This Sub -Area consists of approximately 100 acres and includes over 30 privately owned parcels with a few single-family residences (p. 10, Corridor Study). The 'viewshed' of adjacent land uses and landscape visible from Princess Anne Road should be controlled through the appropriate use of planting and design. Buffer plantings between Sub -Area 2 and adjoining development should incorporate evergreen plantings of trees and shrubs in the majority of the buffer area to allow year-round screening of the proposed developments (p. 16-17, Corridor Study). The Corridor Study provides incentives consistent with the City's Oceana Land Use Conformity program that support these objectives, stating that there may be occasions when the efforts of individual property owners to comply with the provisions of this plan are frustrated by physical constraints or factors beyond their control. The Study notes that some weight should be given to this in determining the allowable density. The baseline density recommended by the Corridor Study is 2 units per acre. Prior to the 2005 revisions to City plans and ordinances that were adopted in response to the potential closure of NAS Oceana by BRAC, the baseline density for the Sub -Area 2 was 6 units per acre. The Corridor Study does allow the opportunity for density up to 3.3 dwelling units per acre; however, such density may be achieved only for a development proposal that meets several Performance Criteria that are specified in the Corridor Study. In this case, however, the applicant proposes development of the site below the baseline density of 2 dwelling units per acre. AICUZ Overlay Ordinance The subject site is located within the 65 to 70 dB DNL AICUZ (Sub -Area 2 [not to be confused with Sub - Area 2 of the Princess Anne Corridor Study]). Accordingly, since this is a discretionary development application, the provisions of Section 1804 of the City Zoning Ordinance apply. Specifically, Section 1804(c)(3) states the following: For property within Sub -Area 2 of the 65 - 70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. With respect to first criterion above, the proposed density of 1.89 dwelling units per acre is consistent with, and in fact less than, the densities of and is consistent with the density recommended by the Comprehensive Plan. The density of the residential communities in the area are provided below: a. Christopher Farms (Phases 1 and 2) -- 2.7 units per acre b. Christopher Farms (Phase 3) [formerly known as Pleasant Acres) — 2.28 units per acre c. Buryn Farm South — 2.77 units per acre d. Woods of Piney Grove — 3 units per acre With respect to the second criterion above, the Staff finds that the proposed development conforms to the recommendations of the Comprehensive Plan, and in particular, the Princess Anne Corridor Study's recommendations for this area of the corridor. Accordingly, Staff recommends approval of the requested Change of Zoning from AGA and AG -2 Agricultural Districts to Conditional R-10 Residential District, with the applicant's proffers, which are provided below. PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 8 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFERII: When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated "Plan for Princess Anne Meadows", dated September 22, 2015 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Plan"). PROFFER 2: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include with each sales contract as well as part of the Homeowners Association documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the Property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either'London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. PROFFER 3: When the Property is developed, it will be subdivided into no more than (80) single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 80. Each two-story dwelling shall contain a minimum of 2400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. PROFFER 4: When the Property is developed the areas shown on the Plan outside the 80 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 9 PROFFER 5: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. PROFFER 6: The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features, and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. PROFFER 7: Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers provide assurance that the site will be developed as shown on the submitted plan, with the street layout and open spaces as depicted. The architectural styling, interior floor area, and the exterior building materials proffered for the houses demonstrate that the community will be high-quality. The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 10 Y p I GA A Ap CRES LAKESIDETRAIL _02 MILE MANAGED LAVVN OPENAPM 1 14 AC E R or L FO�TAIN SP ff UR 073ACRES 68NjpAGE,l,)R_pAAWN N k O`plf�ST D-' A 5 cw A 0 10 ARRS OSNk'ALAY VID' 0 ,G F TYPICAL A E"IrY lk �RK (I 9"ILFS TOTAL) %R, ENC H Ef� 09) �,r.qp, �_AK'EgJDE ±0,21, MILE FOREST& OPEN AREA 0,33 ACRES (�IA A�ELAW ... AWA P ,zm, RN A (tyv), IV, \CTONNECTiON S LK 0 SHARED ONFEYD't OF RIGHT -OF- USE PATH TYPICAL WAY PUMP ST4TION TO BE SHARED 1 06 MILESS TOTAL WITH WTURE _�DEVELOPMENTS MONUMENT S16N PATH POSED TURN LANE CONNECTION E-XISTINGTURN! �,F X",oj C,:, TO SHAkED USE PATH %CALt FOR WO-PARKDEILLI*MtN� �,�ENAGREpALArVVpN PRINCESS ANNE ROAD riTuRr IRA- 810 -PARK DEVELOPMENT MONUMENT SIGNAGE ENTRANCE ELEVATION SITE DETAILS PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 12 .— STREET TREES ALONG BOTH SIDES ---- F GAZEBO -STREET LIGHTING /-PICNIC PAVILION WITH GRILL BENCH PERMANENT CORNHOLE 4 pr TOURNAMENT SIDEWALK ALONG ONE� AREA SIDE OF CURB & i I RIGHT-OF-WAY A- G81UTTER COMMUNITY AMENITY AREA 15' 15' 50' R)W RfW TYPICAL ROAD SECTION MONUMENT SIGNAGE ENTRANCE ELEVATION SITE DETAILS PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 12 I Ln 0 cli E 6w z 1`41 6w U < z6w �2 :� r_w ,4 )h,�, *q1 PRINCESS ANNE ROAD FRONTAGE LANDSCAPING PLAN PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 13 Lr) 4� r,4 06 0 r,4 Q) W +-j x LU E 4� V) Z unc) �,n 6w C U < z W -j 0 0 � E m V) 3: 0 mo CD cr W 0 0 x 3: a) e 0)0 0 m C 6 Cl E 0 U O'D 0 PROPOSED BUILDING ELEVATION SHOWING EXTERIOR MATERIALS PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 14 LW z Zv) V) C) V) "i U < z PROPOSED BUILDING ELEVATIONS PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 15 Wj z Z Lon V) Luc U< zw p :� C - PROPOSED BUILDING ELEVATIONS PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 16 -BMW-, Imt- ZONING HISTORY PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 18 176 FIJ jffW- An - 0110 in Ai �lmj ou 0 91,011 REQUEST 01/09/2007 CUP (Outdoor recreation — golf course) Mwevir-,101010 L;UF (Uutdoor recreation — golf course) CRZ (AG -1 & AG -2 to PD -H2 [R-1 0]) ZONING HISTORY PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 18 eat DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Reach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property -by City Alternative Compliance, Special Exce tion for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic De;;e-lopment Investment Program (EDIP)- Encroachment Request Floodplain Variance Franchise Agreement Lease of City PropertV License Agreement Modification of� Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlan Is Board The disclosures contained in this form are necessary to inform public officials who may vote an the application as to whether they have a conflict of interest under Virginia law, PRINCESS ANNE MEADOWS LLC SECTION I / APPLICANT DISCLOSURE 0 Check here if the APPLICANT IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the Aj!PLICAKT a corporation, partnership, firm, business, or FOR CJTY USE ON'1Y F, "L"- " '�"O' L1rA4TNO11F1ED OF 111�'APMG JT" .. C:.:AGGES Al �OF 12i15/1 rEVISION5 SUBMI M n Page I of 4 DISCLOSURE STATEMENT r, I - r, I , PRINCESS AN91 ' t MEAbd,*s January 5, 2016 City Council Meeking I Page 19 F other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Princess Anne Meadows LLC: Kotarides Holdings LLC (sole member), Petro A. Kotarides, Pete 0. Kotarides, Pete A. Kotarides and Basil 0. Kotarides (all managers) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC, sole member of applicant. See attached list for Affiliated business entities in Virginia See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pnly if vMperty owner is different frem Avylicant. El Check here if the PROPERTY OWNER Is NOTa corporation, partnership, firm, business, or other unincorporated organization. EJ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, ANDTHEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform niihfir P.- I -f A DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Medting Page 20 I . Pare nt-s ubsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' "Affiliated business entity relationship" means "a relationship, other than pare nt-s ubsidi ary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.- See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the wboect of the application or any business ogerating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: F E� NO] F SERVICE [�ROVIDER (use additional sheets if F needed) U= �N "EMEX D UK (K) D Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors McPhillips, Roberts and Dean Jim Bradford, Porterfield Design I Ho ton and Dood, P.C. I DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting r Page 21 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property 1 1-/ W&4ililiko Virginia Beach BB&T Kaufman & Canoles, Eastern U. Norman Biggs Rose and Womble or Wm E.Wood SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 0 DO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or 11� meeting of any public body or committee in connection with this Application. Petro Kotarides, Manager of](otarides Holdings LLC, 6/5/15 Manager of Princess Anne Meadows LLC APPJJ&NT'S . N RE PRINT NAME DATE :DATE PROPERTY OWNER'S SIGNATURE PRIN NAME T Group DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 22 Affiliated business entities in Virginia for Princess Anne Meadows LLC 1252 LLC KH H R Two Bayside LLC 152 LLC KH HR Two Churchland LLC 1552 LLC KH HR Two East Pembroke LLC 1652 LLC KH HR Two Great Bridge LLC 1852 LLC KH HR Two Lakeview LLC 1952 LLC KH HR Two Poplar Hall LLC 2152 LLC KH HR Two West Mercury LLC 252 LLC KH Ventures LLC 352 Commercial LLC KHJCL LLC 352 LLC KHJLA LLC 452 LLC KHJTH LLC 552 LLC Kotarides Builders LLC 5555 Associates, L.P., RLLP Kotarides Developers, L.L.C. 5601 LLC Kotarides GI LLC 5656 Associates, L.P., RLLP Kotarides G52 LLC 652 Inc. Kotarides Holdings LLC 652 LLC Kotarides Homes LLC 734 L.P., RLLP Kotarides Office LLC 7950 Associates, RILLP KPIVI LLC 815 Associates, L.P., RLLP Lawson Hall Homes LLC 815 Lots, RLLP London Bridge Center LLC 852 Inc. OBX 52 LLC 852 LLC OPR APK LLC 900 Kempsville Road LLC OPR OPIK LLC A A A of Norfolk, Inc. Oyster Point Residential LLC Alex & 0. Pete Kotarides Partnership Princess Anne Meadows LLC Alex and 0. Pete Kotarides and Sons LLC The Villas at Culpepper Landing LLC Arcadia, LLC Townhomes at Martin Farm LLC Bayview Terrace Apartments, RLLP Townhomes at Parham Place LLC Brightleaf Commons LLC Warrington Hall Commercial Builders LLC Brightleaf Meadows LLC WH Builders LLC Bute Street Garage Condominium Association WH Townhomes LLC Corinth Homes LLC Corinth Residential LLC Courthouse Green LLC Grassfield Crossing LLC Hickory Woods East LLC Hickory Woods West LLC KG1 Battlefield LLC KG1 Military LLC KH HR CENTERS LLC KH HR Cape Henry LLC KH HR Haygood LLC KH HR Thalia LLC KH HR CENTERS TWO LLC KH HR Towne Point LLC DISCLOSURE STATEMENT PRINCESS ANNE� MEADOW'S January 5, 2016 City Council Me�lting Pap 23 MOO" DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes I Rezoning Street Closure Subdivision Variance L Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION I / APPLICANT DISCLOSURE Check here if the APPLICANT IS NO a corporation, partnership, firm, business, or other unincorporated organization. ED Check here if the APPLICANT a corporation, partnership, firm, business, or FOR MY USE ONkV Ali o,51-1wl- ll.,v t�e ovdate.1, r,,r, �L.Z'1'�.� ��. , ,I t :' -- lll'�1100 !"W 1—ks ."Y I APPLICANT NOIIFIFD OF HEARING ;!A': NO CHANGES AS OF 12/i5/15 _E] REVISIONS suwn-r Page I of 4 DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 24 other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Princess Anne Meadows LLC: Kotarides Holdings LLC (sole member), Petro A. Kotarides, Pete 0. Kotarides, Pete A. Kotarides and Basil 0. Kotarides (all managers) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC, sole member ofapplicant 4e �H+kchcj (4) See next page for information pertaining to footnotes I and 2 ARALAR SECTION 2 / PROPERTY OWNER DISCLOSURE / Complete Section 2 only if Property owner is different from Applican 16 Check here if the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to Inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 25 I Parent-subsidiarV relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, Va. Code§2.2-3101. 2 . Affiliated business entity relationshipP means 'a relationship, other than parent -subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. ARALAR SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the §u�of �e apolication or any business werating or to be operated on the Progerty. If the answer to any item is YES, please identify the firm or individual providing the service: FE NO] y sl F F' l P" I SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchasees service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and -purchaser's service providers) Construction Contractors Engineers / Surveyors [TR -1 DER (use additional sheets If OV needed) The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 26 vin�o Beach Financing (include current mortgage holders and lenders ID 0 selected or being considered to provide financing for acquisition or construction of the property) E] 1�1 Legal Services Real Estate Brokers / Agents for F-1 current and anticipated future sales of the subject property 4- fflbtt*1t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or 1PR0Pl!Rr1(-0W1$ER'S meeting -o- anypublic body or committee in connection with this Application. FRI - a i '�� DATE APPLIC41;rS SIC RXTURE PRINT NAME iTA &F -A �Af� 15 SIGNATURE PRINT NAME I DATE 100 som� The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. z' 1 -7 DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 27 The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic De;�e-lop.ent Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement_ Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether +- they have a conflict of Interest under Virginia law. SECTION I / APPLICANT DISCLOSURE Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here If the APPLICANT a corporation, partnership, firm, business, or FOR=USE ONLY TAII disdos "s M-51 be updaled two (2) v*eks prior to any ommission and City Council meeting that pertitins to the agglication( PPLICANT NOTIFIED OF HEARING DATE NO -ANGES ks OF �A IWE 1 12M �/l 5 RMLSICONS SNU"BMI-FrED DATE I Page I of 4 DISCLOSURE STATEMENT PRINCESS ANNE--MEAb6W'S January 5, 2016 City Gouncil Meeting Page 28 other unincorporated organization, AND THM complete the folilowing., (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Princess Anne Meadows LLC: Kotarides Holdings LLC (sole member), Petro A. Kotarides, Pete 0. Kotarides, Pete A. Kotarides and Basil 0. Kotarides (all managers) (B) List the businesses that have a pare nt-su bsid iary 1 or affiliated business en tity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC, sole member of applicant, Sez is+, See next page for information pertaining to footnotes I and 2 ESG 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if pLoperty owner is different frQm Applicant. El Check here if the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) C,4 -i auk -RA , (8) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) C-�,4 C>_jA_Q_d - The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS e January 5, 2016 City Council Meoting Page 29 1 Pare nt-s u bsid iary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' "Affiliated business entity relationship" means 'a relationship, other than parent -subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest In the other business entity, fli) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ESG SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sub6ect of the ariMication. or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: mum] 00 INNIKE-1 10WOM SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers Construction Contractors Engineers / Surveyors ROVIDER (use additional sheets If needed) w-, k t --,n The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANN(t,MEAD'O_ W.' S January 5, 2016 City Cbuncil Me6ting Page 30 [MEN "M El El El El Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property c0a- - XML�2i re - I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? CERTIFICATION I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or ' eti ng' or meetiRa of any PuK-08'9dv or committee in connection with this Application. nux P401 Virginia Beach [MEN "M El El El El Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property c0a- - XML�2i re - I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? CERTIFICATION I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or ' eti ng' or meetiRa of any PuK-08'9dv or committee in connection with this Application. nux P401 tell APPLaEA?fF'&SWAL4ZUREY/.'gg,,,I�ei,,*Ie�- 5,'* PRINT NAME DATE DATE Ko-fA,g(, e- 0T- 4 !4 _f 44 e, L =21Vhe,& L-Sif, PRINTNAME DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 31 Property Owner Disclosure I. ESG Enterprises, Inc. • Principal & Chairman Edward S. Garcia • President Andrea M. Kilmer • VP/Secretary/Treasurer Michael F. Gelardi • Vice President Edward S. Garcia, Jr. • Vice President Joshua D. Kellam • Asst. Secretary/Treasurer Brittany Williams 2. Subsidiaries . OBFP, Inc. Affiliated Companies (Doing business/owning real estate in VA) • Princess Anne Properties, Inc. • United States Management, I -I -C • Lagomar Associates, LI -C • SHG Properties, LLC • Tri City Properties, LLC DISCLOSURE STATEMENT PRINCESS ANNE� MEADOWS January 5, 2016 City Cbuncil Medting Pagp 32 The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property by City Alternative Compliance, Special Exception for Board of Zoning Aopeals Certificate of Appropriateness (Historic Review Board Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION I /APPLICANT DISCLOSURE E] Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. [3 Check here if the APPLICANT a corporation, partnership, firm, business, or FOR CITY USE ONLY / All dmlosuies -nost be uodated U�o Q) �eeks pr�ot to any Page I of 4 Plant ing Conlmiwan and City Council meeting Thit penains to the aypi,caiio4is) JR I APPLICANT NOTIFIED OF HFARINC 'T' NO CHANCES AS OF T.ATJI� �11115/15 REVISIONS SUBMIT -TE 0 t DAT I I DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 33 (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Princess Anne Meadows LLC: Kotarides Holdings LLC (sole member), Petro A. Kotarides, Pete 0. Kotarides, Pete A. Kotarides and Basil 0. Kotarides (all managers) (B) List the businesses that have a parent -subsidiary 1 or affiliated business enti ty 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC, sole member of applicant, Se-L_affac�ed See next page for information pertaining to footnotes I and 2 SETZER SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Property owner is different from Applicant. Check here if the EROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 34 I . Pare nt-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than pare rit-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SETZER SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sub"ect of the apolication or any business operating or to be overated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: FIN M E U E U EM SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architecat Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchasees service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors IPROVIDER (use additional sheets if needed� The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 35 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? C I c co I c E e r u h r CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided r, [herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any Dublic body or committee in connection with this Applic4tion.. Fefre k -tzzride's It4AV & PkIN`rNAME DATE PRINT NAME OPURTY OWNER ��DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 36 Virgin C DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property -by city Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law - ------- SECTION I /APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation. partnership, firm, business, or other unincorporated organization. Check here If the APPLICANT a corporation, partnership, firm, business, or FOA CITY 1JSF ONIV / A'] !I-'. d i APPLICANT NOM r rt 12/15/15 r.imsiLms SWItUT; �:D 11 1 Page I of 4 DISCLOSURE STATEMENT PRINCESS AN4E- MEADOW'S January 5, 2016 City Gouncil Meeking Page 37 A" 1B Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Princess Anne Meadows LLC: Kotarides Holdings LLC (sole member), Petro A. Kotarides, Pete 0. Kotarides, Pete A. Kotarides and Basil 0. Kotarides (all managers) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC, sole member of applicant, -5e-e See next page for information pertaining to footnotes I and 2 Five Mile Stretch Associates, L.L.C. SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. F1 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 2 --,Check here if the PROPERTY OWNER a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) "z,/ /C 5,1r e '41, C, / I ;6 Alf V... ZeA_ (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 38 Virginia Beach I Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act, Va. Code § 2.2-3 101. ' 'Affiliated business entity relationship' means *a relationship, other than parent -subsidiary relationship, that exists when (1) one business entity has a controlling ownership Interest in the other business entity, 00 a controlling owner in one entity Is also a controlling owner in the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Five Mfle Stretch Associates, L.L.C. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sub*ect of the application or any business ouerating or to be operated on the Propeny if the answer to any item is YES, please Identify the firm or individual providing the service: F _E NO] Y sl F Eg" El El F1 1:1 El El El F-1 El 19-- 0 SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant) - Identify purchaser and purchasees service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers /Surveyors IPROVIDER (use additional sheets If needed) I The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 39 Er 0 0-- El rr-11-1 E3 1:1 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property Virginia Beach r-41 I ive haffe Streteh Assoeigirt-eas, Edh.-�b. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or 11 APPLICANrS SICNATURE I PRINT NAME I DATE I NAME The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS January 5, 2016 City Council Meeting Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 VIRGINIA BEACH PLANNING COMMISSION October 14, 2015 1:25 p.m. FORMAL SESSION PUBLIC HEARING PRINCESS ANNE MEADOWS, LLC VERBATIM PLANNING COMMISSION Chairman Jeff Hodgson Vice -Chairman Bob Thornton Secretary Philip L. Russo, Jr. E. Ross Brockwell Michael A. Inman Dr. Karen B. Kwasny Dee Oliver Ronald C. Ripley Jan Rucinski Jack Wall David Weiner Beach - 6 Lynnhaven - 5 At -Large Bayside - 4 At -Large Princess Anne 7 At -Large At -Large Centerville - 1 Rose Hall 3 Kempsville 2 SARAH DEAL JENKINS, MMC DEPUTY CITY CLERK, II 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 SECRETARY RUSSO: Our next item is Deferred Item Number 2, an Application of Princess Anne Meadows, LLC, for a Conditional Change of Zoning, AG -1 and AG -2 to Conditional R-10 Residential, 2800-2900 Block of Princess Anne Road, Northeast side of Princess Anne Road opposite the Virginia Beach National Golf Course, District Princess Anne. Our first speaker is Ann Crenshaw. CHAIRMAN HODGSON: Good afternoon. ANN CRENSHAW: Good afternoon, Members of the Planning Commission. I'm here today with my client, Petro Kotarides, and a representative of his company. I'd like to start out by acknowledging the immense effort that the Planning Staff has devoted to helping us with trying to turn this project around. I heard you loud and clear in the Informal Session. I have spoken with representatives of Planning and Kay Wilson and have agreed to amend my proffers between now and City Council. And this language is kind of rough because I've not looked at the defined terms: That the Applicant will agree to include in its Home Owners' Association documents that in the event the City of Virginia Beach through its CIP process elects to develop the London Bridge Road Extension, as designated in our plan that we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 show, and construct a connector road between our proposed subdivision and that London Bridge Road Extension, that the entrance to Princess Anne Road may be closed by the City. I've agreed to add that. I'm happy to go through the application, but in the interest of time, I don't want to do a whole lot other than maybe if I could just have the -- CHAIRMAN HODGSON: Mrs. Crenshaw? ANN CRENSHAW: Yes? CHAIRMAN HODGSON: In our last meeting, I know we kind of sent you guys away with a "wish list" to go over, and maybe you could highlight some of that. ANN CRENSHAW: That's what I wanted to do on the plan, Mr. Chairman, if I could get Ed to put it up. We heard you loud and clear last month when we were here. This subdivision now has 5 less lots. It has open space, as delineated. We've marked off what exactly constitutes the open space area, lakes, forested, managed lawn, buffer dedication to the City, a total of 12.35 acres and open space percentage of 29.09. Additionally, we have made right-of-way dedication for interior roads, the future road for London Bridge Connector, and the Southeastern Expressway, for a total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 of 5.6 acres. We've added sidewalks at 1.06 miles and trails at about a half a mile. It's hard to see on this particular size project. We've added a dog park. We've added a gazebo, a pet park. We've provided connectors to the shared -use bike path. We have provided connectors to Christopher Farms, should that ever happen. We have added a playground with a gazebo, a picnic pavilion with a grill, a bench, a permanent corn hole tournament area. We've provided trails around the cemetery and park benches throughout. And a point that came up in some of my conversations with Members of the Commission, the cemetery is not considered as part o the open space, and to my knowledge we've done everything that was asked, in terms of the plan, itself. A question was also raised for additional detail in terms of what our product would look like, and you can see we've added details. There is no premium vinyl. It's all high-quality materials, decorative columns, decorative garage doors. So, we believe that we've answered those concerns. As a result of some of these things, these houses will be selling in the mid -400s. So, these houses are more expensive than the houses in some of the compatible neighborhoods. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 And I'm not going to go into detail through the ITA and what plan we've brought on staff, and our interpretation and staff's interpretation seems to coincide, and we believe we're controlled by the Princess Anne Partner Study and that we've met all of the requests that have been put before us, and I'm happy to answer any questions. I don't want to belabor repeating things over and over again. CHAIRMAN HODGSON: Are there any questions for Mrs. Crenshaw? Thank you. ANN CRENSHAW: Thank you. SECRETARY RUSSO: our first speaker in opposition is Susan Moore. SUSAN MOORE: Good afternoon. My name is Susan Moore. I'm a resident of Christopher Farms for the past six years. I appreciate the opportunity to come today and speak before you once again. The pressure to develop and change in the most cost-efficient way often overtakes the desire to develop in a high-quality manner that is compatible with the existing neighborhoods and consistent with the City's vision for the area. This approach can result in projects and changes that yield near term economic benefits at the expense of long-term quality. That's a direct quote from the Princess Anne Corridor Study which 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rg I was first adopted fifteen years ago and most recently amended in 2009. It is essential when you consider this application you reflect upon the far-reaching implications for the future of the Princess Anne Corridor issues that impact traffic and the future development of the remaining acreage in the area. I submit to you that approving this application will absolutely be at the long-term expense of the quality of this area. We must adhere to the unified and coordinated vision for this area. While this plan has addressed more level of detail in the 30 -day deferral period, it remains plagued by its piecemeal, fragmented layout which will successfully cut off all of the remaining undeveloped acreage. It will deny any future cohesion for this area. Last month when I spoke before you, I was asked if it wasn't someone else's problem that the remaining neighbors and acres would be adversely impacted. Please, know that if you approve this plan you will make it everyone's problem, as those of us who work, commute, and live in the Princess Anne area in this beautiful part of Virginia Beach will be affected. It is undeniable that Princess Anne is the fastest growing area of Virginia Beach. The Princess Anne 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 Corridor Study specifically aims to promote a controlled access roadway to minimize traffic disruption on Princess Anne. The multi-million dollar publicly funded expansion of this road was intended to relieve traffic and congestion to this area. We are just now getting relief with the expansion of Holland Road, Nimmo Parkway, and Princess Anne. Please, don't make it worse for us. Adding a neighborhood whose primary access currently is in a 55 mile -per -hour speed zone is directly incompatible with the vision for this area. This plan will create additional and unnecessary congestion. The committee studying the Transition Area and the ITA recommended that any decision regarding this development be delayed until City Council has the benefit of reviewing the area's most recent traffic studies. Our Council Woman Barbara Henley also reiterated the need to further study and review the entire area, not just these 42 acres, last November. She said, and I quote her, "We shouldn't make revision in a piecemeal fashion by rezoning rather than going through the Comprehensive Plan process and allowing the public input that comes with it." The City will very soon have the benefit of more study 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I to this area that the application impacts. The responsible decision is to wait until we have that information, the studies that our Council Woman asked for, before we approve this plan. If the vision for this area needs to be amended and the documents need to be changed to reflect the City's new goals for development, isn't it reasonable we would do that first? To find the answer regarding this application, all we have to do is refer back to the Princess Anne Corridor Study, which states, "Isolated, piecemeal developments seriously compromise the planned vision for this corridor." Such proposals would not be favorably considered for zoning changes above what currently exists. The decision you face to follow the guiding documents for the long-term future of this area or to blatantly disregard them will set a precedent for all citizens for Princess Anne. Thank you. CHAIRMAN HODGSON: Thank you. Any questions for Mrs. Moore? Thank you. SECRETARY RUSSO: Our next speaker in opposition is Lisa Hartman. LISA HARTMAN: Good afternoon. CHAIRMAN HODGSON: Good afternoon. LISA HARTMAN: I appreciate the efforts made 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I by -- ED WEEDEN: State your name, please? LISA HARTMAN: -- I'm sorry. I'm Lisa Hartman. ED WEEDEN: Thank you. LISA HARTMAN: I appreciate the efforts made by the proposed builder to make this plan more compatible with the neighborhood closest to this neighborhood. The original plan put forth by the property owner was not compatible with the zoning ordinance and had a lot of issues, but the developer has kind of met a lot of the things the neighborhood was concerned about. But I'm not here as a representative of my neighborhood. I stand here, again, as a citizen of Virginia Beach, a tax payer who contributed tax money. The State contributed money for the more than $60 -million -dollar road project, which is Princess Anne Road, which was supposed to be a limited access corridor, and by putting the ingress/egress for this neighborhood onto Princess Anne Road, you are limiting the access. The fundamental issues that remain are the same reasons that this application for the change of zoning was denied in November of 2016 [sic] but were not the same 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 issues that you sent the applicant back with last month. So, the fundamental issues that remain are the publicly vetted guiding documents are clear that any change of a zoning request of a parcel consolidation of less than 60% is not to be addressed; 60*-. to 100% would be considered only if ingress/egress was not on Princess Anne Road. Princess Anne Road, it was also not to have frontage on Princess Anne Road. It was supposed to be reversed frontage, and there's a nice diagram in the Princess Anne Corridor Study of what it's supposed to look like. This controlled access on Princess Anne Road was supposed to minimize the traffic disruption. The Princess Anne Corridor Study calls for no more access, the reverse frontage. Additionally, the City is expecting two transportation studies to be complete late winter or early spring that would give a better picture regarding the need for the Southeastern Beltway and London Bridge Extended, which will completely surround this 100 acres along with Princess Anne Road. It is premature to change the by -right zoning for this property without having a clear picture of the impacts, these roadways, to not only this project, but the remaining fragmented parcels. These parcels and their 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The implications of your recommendation reach beyond the property lines of this plan. A premature zoning change impacts property owners in the community as a whole. it doesn't make sense to approve a zoning change for a community, this community that lacks supporting infrastructure and compatibility with the surrounding properties, and further compromise the intent of the Princess Anne Road being the limited access corridor. It additionally puts the cart before the horse regarding the transportation studies. Once it's approved, you can't go back. And I just want to say, this is the 27th month I have had to come work on this to get this just to abide by the City documents that were publicly vetted and put out there that it should abide by. It doesn't abide by the guiding documents. The plan isn't good; 27 months, I don't -- you can't put that burden on the citizens any more. CHAIRMAN HODGSON: Thank you. Are there any questions for Mrs. Hartman? Thank you. Any other speakers? SECRETARY RUSSO: Does Mr. Kotarides wish to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 12 ANN CRENSHAW: No, not unless you have any questions for Mr. Kotarides. I want to address the assemblage issues. CHAIRMAN HODGSON: State your name. ANN CRENSHAW: I'm sorry, Ann Crenshaw, member of Kaufman and Canoles, representing the applicant. This project made the editorial page of the Pilot this week, but the numbers were misleading. There's a statement contained in that editorial that there are 60 acres left to be dealt with outside the assemblage we've put together. That's not accurate. The government and/or utility companies own 10.5 acres; 6.2 acres are already developed. The future right-of-way constitutes 36.67 acres. The total acreage available for development within the broader scope is 68.5 acres. My client has assembled 44.2 acres or 64.5% of the available developable property. And it pointed out in the staff report and was discussed this morning, much of the western part of the area outside of our assemblage may possess a type of vegetation criteria now used by the Army Corps of Engineers for the identification of non -tidal wetlands. My client has made a concerted effort to buy the other properties. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 13 And the only other thing I would bring back up is the study issue, and I'm paraphrasing from an e-mail that staff sent to Mr. Inman, Princess Anne Meadows is not in the ITA Zoning Overlay, as shown on the City map. It is in the ITA and Vicinity Plan. There are no specific written guides with regard to the Vicinity Plan. There is, however, a map shown on Page 43 of that plan which includes a concept for Princess Anne Corporate Park or a mixed-use development to be used on this site. Staff interprets the ITA and the Vicinity Plan as, our interpretation is that the ITA and the Vicinity Plan is that mixed used includes residential development. Because of the lack of guidance in the ITA document in the Vicinity Plan, staff has referred to the Princess Anne Corridor Study as a specific planning guidance for this property. The corridor clearly supports residential single-family development at 2 units per acre. The residential development would be subject to the inclusion of open space, connectivity, and the other issues, which I believe we have addressed. Staff has recommended this based on the guidance of the Princess 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 Anne Corridor Study. I am aware that the Setzers are here, who are potential sellers of this property. They're not signed up to speak, but I believe they would like to sell their property. It's been in their family for years and years and years and years. They've been paying taxes for years and years and years, and they would like to be in a position to sell their property. In short, I will say, in the 35 years I've been doing this, I believe I've turned over every stone I could possibly turn over, in terms of calculating the assemblages and not relying on just broad numbers. We've met with Mrs. Hartman. I've kept her apprised at each stage when new plans are made. I've assured them that should this plan be approved that we will work together with her community and make sure that the process of development is smooth. I honestly don't know what else I can say, other than answering questions that you may have. CHAIRMAN HODGSON: Any questions for Mrs. Crenshaw? ANN CRENSHAW: Thank you. SECRETARY RUSSO: That's all the speakers. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is CHAIRMAN HODGSON: All right. We'll now close the Public hearing and open it up for discussion. Mr. Brockwell? COMMISSIONER BROCKWELL: I was going to ask you something, and then she kind of volunteered it about the interpretation of the Planning documents, the Corridor Study, namely. So, if we can, I wouldn't mind if our staff, this morning in the Informal, from a Planning perspective and from a transportation perspective, it seemed pretty clear that the proposed project was not in conflict with our documents. So, I just think it might be a good idea to give them a chance to explain that. I don't know if Stephen and Rick, maybe the two of you could address those points, because I think, like I said, to me, it seemed pretty clear that this reference to the Corridor Study and transportation planning were in alignment with this project, because that's a pretty important point. If you guys could clarify that, I'd appreciate it, if you don't mind, Jeff? CHAIRMAN HODGSON: No. Come on down. STEPHEN WHITE: Stephen White with the Planning Department. I'll start with the Corridor Study and Planning documents in general that were used to evaluate this plan. Rick will jump in when we get to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 transportation part of the whole question. What I want to show you f irst, Princess Anne Corridor Study was first adopted in the Year 2000. That first study that was done was done in the pre -BRAC years, and this, what you're seeing right here, is Sub -Area 2 of the Princess Anne Corridor Study. There were one, two, three, four, I think there were just four sub areas in the Princess Anne Corridor Study. This was Number 2, and as you can see this is London Bridge Extended right here. This is the Expressway, and this is Princess Anne Road, right here. This is the church, the Methodist Church right here. This would be the Setzer's property. The first concepts that were envisioned for that area were a neo -traditional neighborhood, single-family homes behind it, and multi -family density, high-density residential, lots of numbers. And this was the Planning document that guided until 2005 the planning that went on for, say, Princess Anne Road that was in that stage, just in the early design phases. So, the traffic generation would have been, this traffic generation would have been, included in that calculation. The Princess Anne Corridor Study was updated in 2005 and I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 17 again in 2009, and the actual, we did not have a specific like that any more in the plan. It was more guidance. You could either have 2 dwelling units to the acre or you could have 6 dwelling units to the acre -- 3, excuse me. Forgive me. It used to be 6. You could have 3 units to the acre, if you went beyond and did certain performance criteria that were listed in the document, in the plan. You may remember a previous application, Five Mile Stretch just last year. They were shooting for the performance criteria at 3 dwelling units to the acre and attempted to capture that with what they were doing with that plan. This is the other planning document that is in play here. This is the Inter -facility Traffic Area and Vicinity Plan, which is a component of the Comprehensive Plan, and this also covers Sub Area 2 of the Princess Anne Corridor Study, so you've got both of them at play here. Let me take you to this map. The black line that you see here is on the Zoning Map the Inter -facility Traffic Area, for zoning purposes; it's an overlay district. The red line that was there, this red dotted line is the area that's encompassed by the Inter -facility Traffic Area and Vicinity Plan. That's why it's called "vicinity", because there are areas that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 are outside of the Inter -facility Traffic Area that are covered by that plan, and the guidance from the ITA and Vicinity Plan for Sub Area 2 is limited. There's nothing written to provide guidance. There are some graphics that show this right here is a mixture of mixed-use development with some open space. That's what this pinkish area is, salmon. The entire Municipal Center is shown the same way. It's mixed-use development. And on this one, another page of the document, this is the Preferred Growth Scenario, and on this one it's the same area, but it's shown quite differently than the other map, which just showed mixed-use development. On this one, it shows single-family residential here. And if you look very closely at it, it's laid out in a neo -traditional fashion with alleys behind streets, and it's right up close to Princess Anne Road. And then over here, there is a mixed-use development and some retail. So, you have two different land use scenarios presented in graphic form in the ITA Plan, and then you have the Princess Anne Corridor Study that provides specific guidance for Sub Area 2. So, staff determined that the Princess Anne Corridor Study, due to its specificity that it was providing, was what we should be using in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 I have to say, the introduction of this area to the ITA and Vicinity Plan was something that happened in the latter stages of the development of the plan, so that's why it's not fully fleshed out. As you can see, there are limited areas. There's Tidewater Community College, this, the Municipal Center, that really are the Vicinity and aren't included in the ITA. But the Princess Anne Corridor Study, its guidance for 2 units per acre is simply this, that you comply with the Comprehensive Plan, in terms of quality of development, in terms of maintaining the aesthetics of the roadway in terms of Princess Anne Road. originally, when the plan was developed in 2000, it envisioned wide vistas for that roadway, because when we were designing that roadway, I'm sure Barry remembers, back then it was envisioned as a very wide parkway -type section that was going to have extensive vistas, extensive area on the site for all sorts of vegetation, and let's just say the dollars kicked in by the time the road was actually built, and it became our typical very nice access controlled roadway. So, creation of the vistas now, if you want to call them that, would be placed on the private sector. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That plan has gotten to the point where as part of the Comprehensive Plan that we're undergoing now, we're looking at ways of potentially changing these sub areas that are in that plan, the ones that haven't been developed yet, into potential suburban focus areas or something, because the specifics have reached a point where they're fifteen years old, as somebody said earlier. So, for this plan, we used the Corridor Study because it did have some specifics, but if you're doing 1.88 dwelling units to the acre you're below the 2 that's already been established as the baseline density. So, then we look at the Comprehensive Plan for our guidance as to everything else, and in that way it's consistent with the plan. Now, I know there's a lot of issues about the transportation part of this and concerns about traffic. I will just say this. In terms of traffic, this is single-family residential. We're talking 80 homes. That doesn't generate a whole lot of traffic. I could think of a lot of different uses that were non-residential on this site which would cause some significant impact on that roadway. So, keep that in mind when you think about land uses that could be in this area. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 I'll stay right here, but I'm going to turn it over to Rick. RICHARD LOWMAN: Thank you. Rick Lowman, Public Works Traffic Engineering. I guess, as far as what I'm here to talk about, and I will say that Princess Anne Road is not like any other normal roadway, the median width that we have on that roadway is like none other in the City. So, that road does have some pretty big vistas. You have very, very wide medians in there where Princess Anne Road will be widened in the future. That road is envisioned as an ultimate 8 -lane roadway. I don't know that we'll ever get there, but it was built to widen to the middle, if and when it I s widened any further than it is. But as far as the plan goes and going back to the Princess Anne Corridor Study, the ultimate plan per that Corridor Study was to build London Bridge Road Extended from Holland Road all the way to Princess Anne, and then whatever developed in this area would be fed into that London Bridge Road, which is a collector road, will be a collector road, and then fed straight into Princess Anne Road. The situation that's proposed here with access directly onto Princess Anne Road, from a collector street, it's not as big of a collector street; meaning, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 it won't generate, it won't grab all of the traffic to be generated in that area, but it will grab all of this neighborhood traffic to 80 homes, which is about 850 trips a day, total. But it will grab that traffic and bring it to a concentrated point where you do have a left turn lane, you do have a median opening, and you will have a right turn lane that they're going to build with their development off of Princess Anne Road. So, if you guys have any questions? Princess Anne Road was built as an access controlled road, not limited access, so there is a little difference there. But it's built as access controlled, which means no private direct access to the roadway. Technically, this is a public road, so it's a public collector road that has access to the roadway if it's approved. Ultimately, we would, when London Bridge is built, we do want to see that access consolidated onto London Bridge Extended. And as you heard earlier, they're going to proffer to close, to allow that entrance to be closed directly to Princess Anne. Yes, sir? CHAIRMAN HODGSON: COMMISSIONER RIPLEY: Mr. Ripley? If London Bridge Extender is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 built, would it be advantageous to have both openings, from a traffic point of view? RICHARD LOWMAN: It wouldn't be necessary. COMMISSIONER RIPLEY: But would it be beneficial, though, as far as dispersing traffic? RICHARD LOWMAN: Probably not, because when and if London Bridge Road Extended is built, it would probably be built with a traffic signal at Princess Anne Road, because you'll have the Christopher Farms neighborhood come into it, as well, and the church. They'd all come to one point at Princess Anne Road. COMMISSIONER RIPLEY: So, it would be advantageous, then, to switch the location? RICHARD LOWMAN: Yes, and it would be consistent with the Princess Anne Corridor Study, which is to limit access to as few points as possible. That said, the road is under capacity as it goes now. We built that road for a lot of traffic, and there's about 31,000 cars a day on that road this year. In addition, we're widening Holland Road now, and what was the capacity on that road is going to more than double, as well. So, we're going to have some pretty good capacity in that direction through the City. COMMISSIONER RIPLEY: So, maybe this involves a question of you and Stephen. In one of the versions of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 the plan, it showed non-residential use in there, office, I would assume, something like that? STEPHEN WHITE: Yes, sir. COMMISSIONER RIPLEY: Office, I would assume, something like that? STEPHEN WHITE: Yes, sir. COMMISSIONER RIPLEY: You know, 42 acres of office is a lot of office. STEPHEN WHITE: It's a lot of office. COMMISSIONER RIPLEY: Yes, 10,000 square feet to the acre is not unreasonable, 300-400,000 square feet of office for a site that size. STEPHEN WHITE: Yes. COMMISSIONER RIPLEY: I don't know what the plan showed. I don't know if it was that aggressive, but that size, what kind of demand would you have there? Would you have 3,000, 4,000 cars a day? It would be up there. STEPHEN WHITE: It would be a lot more than the 800. RICHARD LOWMAN: It would definitely be more than the residential but not as great as retail, obviously. COMMISSIONER RIPLEY: Sure. RICHARD LOWMAN: But it would be more than the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 residential. STEPHEN WHITE: As I mentioned before, this site isn't in the 65-70 Sub Area 2 AICUZ, and the Zoning ordinance Section 18.04 65-70 AICUZ throughout the City, there are three sub areas. Residential is not encouraged. In fact, in Sub Area 3, which is the western side of the base, residential, a rezoning or any kind of discretionary development action for residential leads to residential can't even be considered recommended for approval unless there is no other reasonable use of the property. This is a case where in Sub Area 2, the property, you can have residential, but it's got to be at the density that's equivalent to or lower than what's in the area. From a City perspective, Navy perspective, due to the impact of AICUZ on this site, you would want to see non-residential uses. 11R11, Residential, like this, that's a very low density. So, your tradeoff then is this level of plan or non-residential plan, like you just mentioned, at that intensity. COMMISSIONER RIPLEY: Thank you. CHAIRMAN HODGSON: Mrs. Rucinski? COMMISSIONER RUCINSKI: I have a question about the private ingress/egress that goes back to that house back 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a they close off that entrance, how will that affect those people that already have that easement to enter and exit off of Princess Anne Road? RICHARD LOWMAN: They would likely have to come in through the neighborhood, just as they are not. We would probably close the entrance off from that point to Princess Anne Road, and they would have to drive through the neighborhood to get out. STEPHEN WHITE: It would be the same scenario that you would have for Christopher Farms with Curry Comb, the people who live on the east side of that and the west. You'd have to go through the neighborhood to get at the point. COMMISSIONER RUCINSKI: Well, I guess, part of what I'm trying to understand is, is that road or whatever you want to call it, whatever it's really called, is not really affected except that this development is making a little cut -through for them to get in. So, does the impact that this has on it going to then change the impact that that private individual has for entering and exiting off of Princess Anne Road? My brain knows what I want to say, but it's not coming out right, I guess. STEPHEN WHITE: I think I'm understanding what you're saying, and it would be the same answer. They 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 would access just like the residents here in this neighborhood would, unless that was cut off . They would go through that neighborhood. They would not have the ability to go straight out to Princess Anne Road. That ability is going to disappear if this is approved and this goes through subdivision site plan review anyway, except for the use of the residential streets that are in this plan. COMMISSIONER RUCINSKI: Okay. Because they're entering and exiting off of Princess Anne Road right now. STEPHEN WHITE: Right now, yes. COMMISSIONER RUCINSKI: And so, this development could impact their ability to do that in the future. STEPHEN WHITE: Sometime in the future, yes. RICHARD LOWMAN: When and if London Bridge Road is built. COMMISSIONER RUCINSKI: Right. Okay. RICHARD LOWMAN: Yes. CHAIRMAN HODGSON: Real quick. what would be the absolute earliest that you could see that being built? RICHARD LOWMAN: I can't even tell you that, because there's no funding available for any of it. Like I said, the study that was done was a very preliminary study. It doesn't even show up in the Capital Improvement Plan at all. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 N CHAIRMAN HODGSON: So, it could be a decade. RICHARD LOWMAN: Your guess is as good as mine. CHAIRMAN HODGSON: Mr. Inman? COMMISSIONER INMAN: The Schoolhouse Road that Mrs. Rucinski was talking about, that's a public road, right? It's not a private road? It's not a private lane? STEPHEN WHITE: To the best of our research and knowledge, it's a public road. COMMISSIONER INMAN: And that's why you feel like the City has control over that. They don't have any special rights to that, other than they're entitled to public road access. STEPHEN WHITE: Right. COMMISSIONER INMAN: As far as the entrance to the neighborhood, apparently, something was anticipated there, because there's a median cut there, correct? STEPHEN WHITE: Correct. RICHARD LOWMAN: Like I said earlier, the median cut is there not so much to give access at that point to the parcel, but it was done as they were equal distance spaced along Princess Anne Road to provide emergency access for emergency vehicles to be able to turn around, because if you didn't put it there, you've be going all the way down to TPC if you needed to turn around. it 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 There are still some parcels that need access to maintain the property and to provide turnarounds for them, as well, so it wasn't necessarily. And if you go to the Princess Anne Corridor Study, you'll see that there were really only a couple of roads planned. One was a loop road to the north. That was replaced in 109 with the commercial roadway there at that signal. There was a loop road planned there. And this roadway here, London Bridge Road Extended, that was in the plan, as well. COMMISSIONER INMAN: So, the reason that the entranceway to the neighborhood ended up where it is is probably because of that median cut being there. RICHARD LOWMAN: It was always there. It was there before the road -- it was an undivided roadway before we widened it to four lanes, but that entrance has always been in that location, and I can't say that the median opening is there because of that entrance. COMMISSIONER INMAN: I'm talking about the one that's going to be constructed by this developer to access the neighborhood is aligned with that opening, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 because it's the convenient and intelligent thing to do. RICHARD LOWMAN: Yes, absolutely. Yes, sir. COMMISSIONER INMAN: There's not going to be a light RICHARD LOWMAN: No, sir. COMMISSIONER BROCKWELL: Well, I was just going to ask you kind of along those lines, you've already stated that Princess Anne Road is under capacity. There are currently direct access driveways to this, to Princess Anne Road, what's your opinion on the impact to functionality and safety of Princess Anne Road if this project were approved? RICHARD LOWMAN: Just in isolation with just this added to the roadway, just this one, 80 houses, you won't see a great impact to this at all. Like I said, there's already a left turn lane to go into it. They're going to build a right turn lane to go into it. The majority of the traffic turning out of there is going to be going to the right to go north back towards Dam Neck. It makes sense, that's where the development is, that's where the interstate is, that's where most of the destinations are. So, really, only a fraction of the houses will be turning left to go back towards Nimmo Parkway or the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 Municipal Center area. That's what Traffic tells you. In my opinion, the impact because of these 80 homes on that one opening, it won't make a difference on Princess Anne, in the short term. Now, obviously, it would be better if we had London Bridge Extended, and that's why it's in all of these plans that it was built that way, but in the interim before that road is built it will not have that big of an impact. COMMISSIONER BROCKWELL: And even if that interim is indefinite, who knows when that project might go, you feel the impact is minimal? RICHARD LOWMAN: Yes, of this one development. Like they said earlier or when you talked to Mrs. Henley, there's parcels to the north and the south of this that aren't part of this that can be developed in the future, and how they'll get their access to Princess Anne Road is undetermined right now because they don't have a median opening like that. So, that's the only drawback with this is that you've got parcels on either side of it that can't use that median opening now because they pretty much landlocked the neighborhood. COMMISSIONER KWASNY: Can I say something? I have to state my name for the record because Jeff is not here, right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 ED WEEDEN: Yes. COMMISSIONER KWASNY: Karen Kwasny, speaking. I know you recognize my voice, Ed. I had a couple of things to say, and I just wanted to kind of roll them out. They're not really questions. Two phrases keep coming to mind as I'm listening to this discussion. One is wiggling a square peg into a round hole over and over and over again. Two is me think thou doth protest too much. In the Princess Anne Corridor Study, no less than eight times is the issue of the controlled access roadway mentioned, and yet in the staff report I don't see that kind of emphasis given to that particular comment. That's disappointing to me. Aesthetics and density are one issue. The roadway is another issue. So, for me, it's a very simple response. And I've been kind of reticent in talking about this and accused, therefore, of complicity, and that's absolutely incorrect. So, I want to make a very clear statement as the Princess Anne District representative that when I was working on the Transition Area Guidelines with the TA ITA Citizens' Advisory Committee, sometimes we make decisions individually as Planning Commissioners that 2aren't very popular. But one thing in working on those guidelines and that amendment that became abundantly 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 And this is the same issue we faced with this particular development on this particular roadway in this particular unplanned and yet to be finished studying area. I'm not sure I articulated that very well, because I didn't write that part down, sorry. Because we face the same issues in this area of kind of being right now we are in front of the plan; we're not behind the eight ball, and I think it's important that we stay in front of a plan because we should have learned our lesson with the Transition Area. We were behind the eight ball, and then we had to come back around the back in the back door and f igure out what to do with what we had, the kind of problems we had created in that area. And, of course, whether or not those are problems is a matter of interpretation, I'm sure, but to some extent there are problems we can all agree on. In this area, we have three studies: The ODU Study; the Master Transportation Plan Study; and not the least of which is the Comp Plan. And I've heard on more than one 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 occasion from Rick and Dr. White, the plan is not complete. We don't really know according to the plan. These two plans don't really go together. That says to me we need a plan. That says to me we need a couple of studies to come back complete that we can review, the City can review, public input can be provided, and we can then have something in front of us that we can go "this fits well". To me, that's wise decision making. This area is like the last known area left for us to do something right from the start, and I say we do it. For me, it's a very simplistic issue. If that's a controlled access roadway, we should wait until we know whether or not we're going to do damage to a controlled access roadway that millions of dollars went into and that many people, much public input went into, and we have an opportunity. So, I'd like to make a motion to defer this application until those studies return. I know you don't want to defer it again, but that's my motion. CHAIRMAN HODGSON: Are there any other speakers? Mr. Thornton? VICE -CHAIR THORNTON: I just had a question. This would be for our traffic expert, Rick. There's a plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 apparently out there floating around that we're all talking about and wanting to see and wanting to know when it's going to be done. At the end of the day, what is the plan going to tell us; to build the Southeast Expressway or not? To build London Bridge Road or not? Does that plan, no matter what it says, really affect this development? RICHARD LOWMAN: Insomuch as only it's going to tell you when to build London Bridge Road or if you need to build London Bridge Road Extended. The Southeastern Parkway -- VICE-CHAIR THORNTON: That's a City road, right? RICHARD LOWMAN: Yes, sir. VICE -CHAIR THORNTON: It will tell the City whether to build it or not to build it? RICHARD LOWMAN: Yes. VICE -CHAIR THORNTON: And this plan allows for it to be built? RICHARD LOWMAN: Yes. VICE -CHAIR THORNTON: So, if the plan says "build London Bridge Road", these people have donated a right-of-way for that plan? RICHARD LOWMAN: For their portion of it, yes, sir. VICE -CHAIR THORNTON: And if this plan comes back and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 says "that road is not necessary", then there's just another paper street in Virginia Beach? RICHARD LOWMAN: Yes. The two studies -- VICE-CHAIR THORNTON: So, my point is, that study we're waiting for doesn't really affect this pro3ect. It only affects a proposed road going through this project, whether it will or will not ever be built; is that a reasonable thought, or am I off base? RICHARD LOWMAN: Yes, and no, because if the Southeastern Parkway is built, it's going to miss it. If it's said to be required, then the wheels will be in motion to start the process on that, which will affect the design of the interchange that's going to be at Princess Anne Road, which could affect part of this. But, again, they've dedicated the right-of-way for the main part of the roadway, and they've dedicated the right-of-way for the London Bridge Road Extended. And like their proffers are going to state, that entrance, direct access to Princess Anne will go away if and when London Bridge is built. So, I don't know if the studies are going to tell you anything more about 80 homes coming out directly to Princess Anne, but like I said, that's just in a vacuum. We're just talking about one development, not the rest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 of the developable area. I don't believe that the 80 homes that are going to come out of that one public roadway, and I do want to just kind of emphasize that it is a public roadway and it does still comply with access controlled roadway because we don't say that you can have any access to Princess Anne Road. It says it needs to be consolidated and it need no private direct access to the road. So, this is consolidated. The main road into the neighborhood, even though it would only serve 80 homes, still will be a collector roadway. VICE -CHAIR THORNTON: Thank you. And one more thought, when the study that is referred to, the Princess Anne Corridor Study, was this London Bridge Road thought of in that plan? RICHARD LOWMAN: Yes, sir. VICE -CHAIR THORNTON: Was Nimmo Parkway thought of in that plan? RICHARD LOWMAN: I believe that Nimmo Parkway has always been thought of. VICE -CHAIR THORNTON: Those two roads were considered, because if the Corridor Overlay Study at one time called for 40 acres of office space, that's 4, 5, 6,000 car trips a day. Somebody had to think about where that traffic was going. RICHARD LOWMAN: Right. I can't tell you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I VICE -CHAIR THORNTON: If we're going to be using that study as a guideline to help us make a decision on that, there are pictures and things on that study that show a massive amount of development that's not going to happen. RICHARD LOWMAN: But I can tell you that London Bridge Extended was shown in the Princess Anne Corridor Study there in just about that same location, and it came out directly across from where the golf course is. VICE -CHAIR THORNTON: Okay. Thank you. STEPHEN WHITE: The Princess Anne Corridor Study, Nimmo Parkway was depicted in the location it is now, there are Sub Areas 3 and 4, which front on Nimmo Parkway, and it shows (inaudible). CHAIRMAN HODGSON: Mrs. Oliver, did you have a -- COMMISSIONER OLIVER: I think, Rick, I've got a question, or actually, probably, I need a clarification of what Bob said about the study, even though we don't know what it is until it actually comes back. But if the expressway goes in, and I think I'm probably not going to articulate myself correctly, but if it says that we don't need London Bridge Extended, the study comes back and says "no, you don't need it because 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 you've got Holland and Dam Neck and Princess Anne Road", Princess Anne Road is supposed to be limited access. So, the purpose of it is to have limited access to it, correct? RICHARD LOWMAN: Yes, access controlled. COMMISSIONER OLIVER: Would it be another cart -before -the -horse type of situation? Let's say we put the neighborhood in, the study comes back, it says "no London Bridge Road goes in", now we've cut back into Princess Anne Road; am I making sense? When if we knew it said "don't put the London Bridge Road Extension in", would we then actually go ahead and allow this neighborhood, being able to jump into the future? RICHARD LOWMAN: Well -- COMMISSIONER OLIVER: Because now we've sort of undone the road. RICHARD LOWMAN: If the London Bridge Road Extended is never built, then you're going to have a heck of a lot of property on that side of the roadway that you're going to have to give access to because it's landlocked. If you don't build London Bridge Road, it's similar to Christopher Farms. Christopher Farms has an access point onto Princess Anne Road at Curry Comb. They're in the same situation as this neighborhood is in. If we could just snap our fingers and build London 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 Bridge Road tomorrow, the Princess Anne Corridor Study says that Curry Comb would go away, and their only access to Princess Anne Road would be off of this roadway, too. COMMISSIONER OLIVER: Right. RICHARD LOWMAN: So, Christopher Farms is living in an interim situation, as well. If this neighborhood, if Princess Anne Meadows is approved, they'll be in the same interim condition that Christopher Farms is right now with Curry Comb. They have direct access to Princess Anne on a public roadway, and all that traffic from that neighborhood is collected on Curry Comb and comes out to Princess Anne Road at one point. And it would be the same as these 80 homes. They would be living in limbo, as well. Their interim home would be on Princess Anne Road directly, but when and if London Bridge Extended was built, we'd shift that access over to it. COMMISSIONER OLIVER: Which would be the better plan. RICHARD LOWMAN: It obviously is the better plan. COMMISSIONER OLIVER: It obviously is the better plan. RICHARD LOWMAN: It's the better plan. COMMISSIONER OLIVER: So, would it be better to wait 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 for the traffic studies to come in? RICHARD LOWMAN: I can't tell you that. I just know that the studies are proposed to come in in December and/or January. So, I know that the Southeastern Parkway will be presented to Council this winter, and the Master Transportation Plan, which is kind of a validation of the plan that we've been using for years, that study is due to the City around that same time frame. So, the most it's going to tell you is that London Bridge road Extended is needed and that you need to flip access to London Bridge Road versus on Princess Anne Road. I don't think if you approved it, I don't think you would be doing anything that would be irreversible, because again all you do is flip access over to London Bridge Extended when and if it's built. It won't be built overnight. So, I think they're in the same situation as Christopher Farms is right now. COMMISSIONER OLIVER: That's already built, though. RICHARD LOWMAN: Yes, it is already built. CHAIRMAN HODGSON: Mr. Ripley? COMMISSIONER RIPLEY: Well, the point made earlier about the potential development of this particular site was one point, but what Bob mentioned is the pattern and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 density of development that was shown on the original plan that the road was designed to was a much higher design criteria than is going to actually happen; is that safe to say at this point, given Wetlands and all of the things we're looking at here? RICHARD LOWMAN: Stephen would probably have to talk to that, because, like I said, I wasn't involved in the densities of the development as it was originally called out in the plan. COMMISSIONER RIPLEY: I remember the plan. It was one of the f irst plans when I came on the Planning Commission we worked on, and those densities were a 6 and 5 and those type of things, and now they're down to 2 and less. It's a whole different plan than originally came forth; am I correct in thinking that? STEPHEN WHITE: Yes, you're correct. That Princess Anne Corridor Study was done just after the Comprehensive Plan had been updated, a different world back then. This entire corridor was envisioned as being more intense and dense, so the roadways that were envisioned were Princess Anne Road was supposed to be 3 on each side; 6 lanes or 8 lanes? RICHARD LOWMAN: Ultimately, it's 8 lanes. STEPHEN WHITE: Eight lanes. Yes, you're right, it was intended to be much more, but the BRAC and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 the changes that came with that changed everything. So, we have a situation where we have infrastructure and roadway capacity that was designed for one thing, but we have a land use pattern or allowed land use under our current plan that is below what had been planned for. COMMISSIONER RIPLEY: So, how long has the Southeastern Expressway been on the books? STEPHEN WHITE: As long as I've been here, 20 -some years. COMMISSIONER RIPLEY: And it's been on the books and it's been off the books. Didn't it come off there? STEPHEN WHITE: It's always been on the Master Transportation Plan, never come off. There have been all the studies, the Draft EIS, EIS, and then hold everything because Chesapeake wanted to take another look at it. COMMISSIONER RIPLEY: Has EPA changed any of their positions, or has the City of Chesapeake changed any of their positions? STEPHEN WHITE: I think Chesapeake, now, based on what I read in the paper, would probably wish they had proceeded with this. COMMISSIONER RIPLEY: That's good to hear. STEPHEN WHITE: I couldn't tell you about EPA. COMMISSIONER RIPLEY: The ODU Study that's being 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 done, I've seen all of that to some extent. And I haven't seen the study, I've seen some of the modeling and simulation that they've done. And if I understand that, really, one of the things that's being looked at very closely is the evacuation potential that that provides the City, and that's really one of the primary drivers of that study, if I understood it correctly. it certainly would benefit everybody in the southern part of the City, as well as the Resort Area, and those events, but also it would benefit them, I'm sure, on a regular daily basis, as well. This particular, I think you, when I heard what you said, and it makes a lot of sense, either you're into a more intense development or you're something less than 2 to the acre in a residential development, and that's kind of where you are with this property one way or the other. STEPHEN WHITE: One way or the other. COMMISSIONER RIPLEY: You can cut it and you can look at studies until your eyes fall out. You're going to kind of come back to a use for the property in some form or fashion and it's either. STEPHEN WHITE: It is, it's either/or, and you've got a plan now. And if you open that door to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 replan the planning process, additional "let's go back and look at this process", as I stated before, the Navy is going to want to see the more intense, in terms of a non-residential use. So, you're going to get from that perspective a greater number of trips, those kinds of things, more intensity. Plus, it's a type of use that's not compatible to adjacent residential areas. So, you're opening your door to questions and to scenarios you may not want to go through. The plan in place, in staff Is opinion, works. The road is access controlled, and there are existing openings and median breaks, and this uses one of them. It's 80 homes. The western part of it, I kind of sketched it out, and even if it was all not wetlands, you could get another 80 in there, maybe. So, you're talking 160 homes coming out of that one access point. And even if London Bridge Road Extended wasn't constructed, we've had other situation s in the past with developments, and you may remember some, where the developer actually constructed a roadway that would have been or was in a City right-of-way partially and not that would provide that access. You could do that with this if we had the entire right-of-way. You could go 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 Areas to the east of this, there are means of using that alignment. They could be building early phases of London Bridge Extended for us. So, you've got to almost think outside the box about what's coming down the road and how those other properties would access Princess Anne without directly accessing it from their property. You've got to think about, that's that reverse that we were talking about earlier. CHAIRMAN HODGSON: Mr. Inman? COMMISSIONER INMAN: I'm not clear on these studies. There's an ODU Study that's coming soon; December? January? RICHARD LOWMAN: Yes. COMMISSIONER INMAN: And is that study specifically going to address these roads that we're talking about? RICHARD LOWMAN: It's going to specifically address the Southeastern Parkway and Greenbelt and the need for it. COMMISSIONER INMAN: I'm sorry? RICHARD LOWMAN: The need for the Southeastern Parkway and Greenbelt. The other study is being done by another consultant, and they're studying the Master Transportation Plan, in general, which includes London 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 Bridge Road Extended. It includes all the major roads in the City, and it will project out the needs in the future. It will reaffirm the needs that we have for our City based on land use and all the current trends. COMMISSIONER INMAN: And that's coming at the same time? RICHARD LOWMAN: Yes. COMMISSIONER INMAN: And then Council will be briefed on that and they'll vote on the Transportation Plan or an amendment to it? RICHARD LOWMAN: I don't know that they'll vote. It will be included in the Comprehensive Plan. The results of it will be included in the next version of the Master Transportation Plan. COMMISSIONER INMAN: It's part of the Comprehensive Plan. RICHARD LOWMAN: Yes, sir. COMMISSIONER INMAN: And then, assume that both of those roads are in there, then you have to fund the engineering of the roads. You have to fund it and then engineer it and then build it. RICHARD LOWMAN: Yes, sir. BARRY FRANKENFIELD: I just want to add something. It's unlikely that whatever the results of that study are going to be reflected in the Comprehensive Plan that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a you approve this year. It would likely be adopted by amendment at some other point. So, I don't want you to think that it's going to be ready by April. COMMISSIONER INMAN: I understand. And a question for Mr. White, I guess, is Mrs. Crenshaw made reference to developable acres in that area, maybe Area 2. I'm not sure how she was looking at that. CHAIRMAN HODGSON: Hold that one second. We've got Rick for two minutes, so is there any other question for Rick and then we'll come back, because he has got to leave on the dot? VICE -CHAIR THORNTON: We are watching a brand new Holland Road be built. RICHARD LOWMAN: Yes. VICE -CHAIR THORNTON: Is that road going to be built to the similar standards of the current Princess Anne Road to carry similar volumes of traffic? RICHARD LOWMAN: No, it's going to be -- it's not as major as a roadway. It's not called out as access controlled. Holland Road is going to be built as a 4 -lane major arterial. It's going to have a median. It's going to have all the appurtenances that a normal arterial will have, but it won't have, it doesn't have, the importance of Princess Anne Road. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 Princess Anne Road, as you can see, is high-speed roadway and is meant to move cars from Point A to Point B. Holland Road, there are residential neighborhoods off of it. There are going to be more median openings on that roadway than Princess Anne Road. They're both 4 lanes, but you'll see that Holland Road is going to have a little more friction on it, which means speeds are going to be lower. The speed limit is going to be 45 miles an hour on that roadway, similar to what it is today. I would call that one a mid -arterial versus a major arterial. VICE -CHAIR THORNTON: If you look at an aerial, there are two entrances from Christopher Farms, one of which has a major school, that are feeding off of Holland Road. When that road is finished, that should really improve the flow of traffic out of Christopher Farms onto Holland Road back up into the northern part of the City; would you agree? RICHARD LOWMAN: Yes. VICE -CHAIR THORNTON: So, it's not reasonable to think that all that traffic is going to come out on Princess Anne Road. It will have a much better way out and a better way north when Holland is finished. RICHARD LOWMAN: It will be a safer route. VICE -CHAIR THORNTON: And what is that, another year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and a half away? RICHARD LOWMAN: VICE -CHAIR THORNTON: RICHARD LOWMAN: starting to get rolling. CHAIRMAN HODGSON: I believe so. Give or take. They're just really now Go ahead, Mike. a COMMISSIONER INMAN: Controlled access versus limited access, would you explain very briefly what that difference is and what Princess Anne Road is? RICHARD LOWMAN: Access controlled is a City term that basically means, like I said, that no direct private access will be from that roadway. All access will be planned and it will be from a public roadway and basically be collector roads that bring traffic to that road. You won't have a series of driveways that come out to the road. We have a number of roads throughout the City, Nimmo Parkway, there's parts of Lynnhaven Parkway, Dam Neck Road -- COMMISSIONER INMAN: What category are they in? RICHARD LOWMAN: Those are access controlled, and that's from the Master Transportation Plan. Limited access is more like an interstate facility where you don't have any access except for interchanges. Ferrell Parkway is a limited access roadway. Northampton Boulevard and parts of it is a limited access roadway. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 And the Southeastern Parkway and Greenbelt will be a shining example of a limited access roadway. All you have is basically interchanges. CHAIRMAN HODGSON: Anyone else for Rick really quick? COMMISSIONER WALL: I've got one question. CHAIRMAN HODGSON: Quick. COMMISSIONER WALL: It looks like a large intersection is going to be there for the Southeastern Expressway at the intersection of Princess Anne. it looks like a cloverleaf, possibly, and possibly ramps; it's not designed. RICHARD LOWMAN: No. COMMISSIONER WALL: But those ramps, who knows the extent of that, what that's going to be, but would the ramp impact the access to Princess Anne Meadows? RICHARD LOWMAN: Possibly. The best I could say is possibly. The interchange hasn't been designed. What was planned, what's shown in all of these sketches back from 1999, they don't even build interchanges like that any more with a full cloverleaf. They do partial cloverleaves with directional ramps and things like that. So, we would have no idea what -- a lot of this could be based on environmental justice, what the ramps look like, what the best configuration is, where the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 traffic is going. So, we really don't have an idea, other than to know that it's going to be an onramp, so in that general location. From the best of everything we've shown, it's going to be 600 feet or more away, but that's just based on the 199 or whenever it was done, which is nothing more than a sketch. CHAIRMAN HODGSON: I know you have to run. RICHARD LOWMAN: Yes. CHAIRMAN HODGSON: Thank you very much. RICHARD LOWMAN: Thank you. CHAIRMAN HODGSON: I'm sorry, Mr. Inman. Back to your original question. COMMISSIONER INMAN: Mr. White, Mrs. Crenshaw made reference to some acreage. I just want to know whether you can possibly validate whether, in other words, they're developing, they own 44 -some acres? STEPHEN WHITE: 42.45. COMMISSIONER INMAN: And she talked about, I think, 65 developable acres, some of which might be -- STEPHEN WHITE: Outside of what their development is. COMMISSIONER INMAN: -- Wetlands. STEPHEN WHITE: Yes. COMMISSIONER INMAN: Is that accurate? STEPHEN WHITE: That is. I have the documents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back in my office. I've looked at this thing for four years now. I know the acreage of each one. I don't have it right in front of me, and my laptop died from using the battery. I do have this I can pass around, which shows you what's left of the parcels on the west side and on the east side. There's actually more available on the east side than there is on the west side. In terms of expressway -- there it is. Thank you. That's the one. As you see, there is more on the east side than there is on the west side. CHAIRMAN HODGSON: So, if you were to summarize that, they're developing 40, roughly 42 acres, of 60 possible? STEPHEN WHITE: There are 60 more left. CHAIRMAN HODGSON: 60 left. COMMISSIONER INMAN: On both sides of the Proposed London Bridge Road, right? STEPHEN WHITE: Yes, sir. COMMISSIONER INMAN: Not all on the west side. STEPHEN WHITE: Right. And here's when this was done, this is the ITA Plan, and I'm trying to get back to the question about the distance between the ramps pre -expressway and the actual entrance into Princess Anne Meadows. And the one that's actually shown here is shown, this is more conservative because 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 54 it takes the ramp more to the east than it actually will be, because this one is shown as a cloverleaf, which is what it was originally intended. As Rick says, it probably will not be a cloverleaf because cloverleaves have fallen out of favor now. But it will be 600 to probably 1,000 feet between the entrance to Princess Anne Meadows and the ramp, should the road even be built. CHAIRMAN HODGSON: Any other questions? Doctor Kwasny has a motion for a deferral. Is there a second to that motion? COMMISSIONER WALL: I second it. CHAIRMAN HODGSON: Motion made by Dr. Kwasny for an indefinite deferral, seconded by Commissioner Wall. COMMISSIONER WEINER: Jeff? CHAIRMAN HODGSON: David? COMMISSIONER WEINER: After talking with Mrs. Wilson, my company deals with the Applicant. I do not. I don't have anything personal to gain by this, but I'm going to abstain from this one. CHAIRMAN HODGSON: Okay. ED WEEDEN: The vote is open. By a vote of 5 to 5, one abstention, the motion has failed. CHAIRMAN HODGSON: Mrs. Wilson? 25 1 KAY WILSON: Yes, sir. That means that you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 55 have to have a majority for it to be deferred, so that has failed. Is there another motion? CHAIRMAN HODGSON: Is there another motion or any other discussion? COMMISSIONER RIPLEY: I'll make a motion to approve the Application. CHAIRMAN HODGSON: Motion made by Commissioner Ron Ripley. VICE -CHAIR THORNTON: I'll second it. CHAIRMAN HODGSON: Seconded by Commissioner Bob Thornton. ED WEEDEN: Vote is open. By a vote of 7 to 3, the Commission has approved the Application of Princess Anne Meadows. The abstention is still noted. (Whereupon, the discussion of this matter is concluded.) In Reply Refer To Our File No. DF -9343 TO: Mark D. Stiles FROM: B. Kay Wilsw CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 23, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application-, Princess Anne Meadows, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 5, 2016. 1 have reviewed the subject proffer agreement, dated October 20, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen In Reply Refer To Our File No. DF -9343 TO'. Mark D. Stiles FROM: B. Kay Wilsw CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 23, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application, Princess Anne Meadows, LLC The a bove- referenced conditional zoning application is scheduled to be heard by the City Council on January 5, 2016. 1 have reviewed the subject proffer agreement, dated October 20, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen PRINCESS ANNE MEADOWS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this day of GOL &ul' 2015, by and between PRINCESS ANNE MEADOWS LLC as applicant, as party of the first part, FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company, Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER, L OLITA C. ARALAR and E.S.G. ENTERPRISES, INC., a Virginia corporation, collectively herein as party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, Five Mile Stretch Associates, LLC, a Virginia limited liability company, has entered into a contract to sell those certain parcels of property located in the Princess -Anne District of the City of Virginia Beach, Virginia, containing approximately 23-37 acres designated as GPIN Nos. 1494-47-0310; 1494-46-1695; 1494-47-1877; 1494-46-4666; a portion Of 1485-84-1210; and 1494-47-5502 on the Exhibit "A" attached hereto and incorporated by this reference; GPIN: 1494-47-0310 1494-46-1695 1494-47-1877 1494-46-4666 1494-47-5502 1494-47-5847 1494-47-9615 1494-48-1279 1494-48-2492 1494-48-5388 a portion Of 1485-84-1210 Prepared By & Return To: Ann K. Crenshaw, Esquire (VSB #19538) Kaufman & Canoles, P.C. 2101 Parks Avenue, Suite 700 Virginia Beach, Virginia 23451 1 WHEREAS, James T. Cromwell, Special Commissioner for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer by Order of the Circuit Court of the City of Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer Harvey, et al in Chancery No. CHol-io96, has been empowered and directed to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 13-75 acres designated as GPIN Nos. 1494-47- 5847; 1494-47-9615 and 1494-47-9615 on Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Lolita A. Aralar has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-48-2492 on Exhibit "A!' attached hereto and incorporated by this reference; and WHEREAS, E.S.G. Enterprises, Inc., a Virginia corporation, has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-48-1279 on Exhibit "A" attached hereto and incorporated by this reference. The parcels identified on Exhibit "A" are hereinafter referred to as the "Property". WHEREAS, the party of the first part is the contract purchaser of the assembled property containing approximately 42-45 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee, The City of Virginia Beach, so as to change the Zoning Classification of the Property from AG -1 and AG -2 Agricultural District to Conditional R-io Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land 2 similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or q1j:id pro lo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated " Plan for Princess Anne Meadows", dated September 22, 2015 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Plan"). 2. When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include with each sales contract as well as part of the Homeowners Association documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the Property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either 3 'London Bridge Ext South'as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. 3. When the Property is developed, it will be subdivided into no more than So single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed So. Each two-story dwelling shall contain a minimum Of 2400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum Of 2150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. 4- When the Property is developed the areas shown on the Plan outside the So lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 5. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 6. The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. 7. Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 8. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall W continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the circuit Court of the City of Virginia beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer or enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning department, and they shall be recorded in 5 the Clerk's office of the circuit Court of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signature and seal: Applicant: Princess Anne Meadows, LLC, a Virginia limited liability c mpany By (SEAL) "--Petro kotarides Its: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this'— ay of —QAP12SY 2015, by Petro Kotarides, of Princess Anne Meadows, LLC, a Virginia limited liability company, Applicant. Notary Public Z X��Y My Commission Expires: Notary Registration Number: MY COMMISSION Z NUMBER 0 6. 21331 5 FA LT WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virginia limited liability company B (SEAL) McGinnis, Managing M Y4_ ember COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me thisZP day ofa__;�C' 2015, by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia limited liability company, Grantor. My Commission Expires: Notary Registration Number: 7 Notary Public 0 RAE 00, 6� % .0 A C A4Y 0 O&f&f N o.z- S/ON 21-33 WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer By: —(SEAL) ��mes T. Cromwelf, Si�ecial Commissioner COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 2=L5`c_day of ct-_-6 foe -C, 2015, by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer, Grantor. 'Notary Public My Commission Expires: L ( -7 Notary Registration Number: t ctS_3 2- 196312 Grantor: (SEAL) Lolitat Aralar COMMONWEALTH OF VIRGIN1A CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this aqil day of 0(+D1)eA," _, 2015, by Lolita C. Aralar, Grantor, who is personally known to me or has produced Wi vef ,, U, cen�fis identification. My Commission Expires: � I -; U ) -'_� 0 i I Notary Registration Number: 9 S r7 q '4 3 1 10 " % AN�� A - PUBLIC REG # 7579431 MY COMM SSION 0 EXPIRES 4/30/2017 00,0,4LTH & 8#0111401" 20 Notary Public Grantor: E.S.G. ENTERPRISES, INC. a Virginia c oratiQn By- AL) Andrea C. Kilmer, President/CEO COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: day of The foregoing instrument was acknowledged before me this ' c -4-n E -s2 -,c -, 2015, by Andrea C. Kilmer, President/CEO of E.S.G. Enterprises, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: Notary Registration Number: 1 C3 4F. PUKC 0 TOM W COMPAIS" Evas .......... 7 ""Tr4n4w %"":, 11"IfI1101% 1424745Ov4 10 EXHIBIT "A" PROPERTY DESCRIPTION [Five Mile Stretch and Setzer] EXHIBIT A PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-03 10-0000 PARCELI: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of "the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "30 Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof. (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 Acres of land near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale I" = 100' - June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or fon-nerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet, PARCEL2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1. 1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to -wit: BEGINNING at a pin in the southwestern line of the Norfolk -Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21' 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57' 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 7' 24' 30" E 251.33 feet to a pin in the southwestern line of the Norfolk- Southern Railroad Right of Way; thence along said right of way S 36' 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN Nos. 1494-46-1695 and 1494-47-03 10) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by deed of correction from Donald P. Sullivan and Faith R. Sullivan, husband and wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, Page 1860. PARCEL B: GPIN No: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F 6.1 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen 0. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. 2 BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by Deed of Gift from June S, Walton, married, dated September _, 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "Gl 2.0 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat and being more particularly described as follows, to -wit: BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13,1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' RJW, S 08' 21' 00" W, 47.00' to the true point of beginning said point also being located on the Southern R/W of the 66' N & S R.R. R/W, thence proceeding along the Southern R/W of the 66' N & S R.R. R/W, S 3 6' 15' 00" E, 14.24' to a point on the Eastern R/W of said 20' R/W, thence turning and proceeding along the Eastern R/W line of said 20' R/W, S 08' 2 1' 00" W, 220.66' to a point at the Southern Terminus of said 20' RfW, thence turning and proceeding along the Southern Terminus of said 20' R/W, N 81' 39' 00" W, 20.00' to point on the Western R/W line of said 20' R/W, said point also being the Southeast comer of Lot G1, thence proceeding along the Southern property line of G1, N 81' 39' 00" W, 252.72' to a point at the Southwest comer of Lot G1, thence turning and proceeding along the western property line of Lot G I, the following courses and distances: N 08' 26' 00" E, 23 7.3 8' to a point, thence N 2 V 44' 00" E, 214.8 8' to a point at the Northwest comer of Lot G 1, said point also being on the Southern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Northern property line of Lot G1, said line also being the Southern RJW line of the 66' N & S R.R. R/W, S 36' 15' 00" E, 288.59' to a point at the Northeast comer of Lot G1, said point also being on the Western R/W of said 20' R/W, thence continuing S 36' 15' 00" E, 14.24' to a point on the centerline of the said 20' R/W, said point being the true point of beginning. Area of Lot GI and adjoining 20' unnamed R/W described herein being 91,303.9 S.F./2. 10 acres. 3 TOGETHER WITH all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the Grantor for ingress and egress to a publicly dedicated street over property of the Grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C,, a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen 0. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620, BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr., a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument- Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. PARCEL D: GPIN Nos: 1494-47-5847-0000 and 1494-48-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." and "Tract G-3 4.7 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE — PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to -wit: METES & BOUNDS description of Lot G2 with the Western half of the adjoining unnamed 20' R/W as follows, to -wit: LIN BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T, Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06' 41' 00" E, 48.45' to the true point of beginning said point also being located on the Northern R/W line of the 66' N & S R.R. R/W, thence proceeding along the Northern R/W line of the 66' N & S RAV, N 3 6' 15' 00" W, 14.68' to a point on the Western R/W line of said 20' R/W, said point also being at the Southeast comer of Lot G2, thence proceeding along the Southern property line of Lot G2, said property line also being the Northern R/W of the 66' N & S R.R. R/W, N 36' 15' 00" W, 260.48' to a point at the Southwest comer of Lot G2, thence turning and proceeding along the Western property line of Lot G2, N 21' 44' 00" E, 297,38' to a point at the Northwest comer of Lot G2, said point also being on the Southern R/W line of said 20' R/W, thence turning and proceeding along the Northern property line of Lot G2, said property line also being the Southern RAV line of said 20' R/W, S 690 38' 00" E, 103.14' to a point at the Northeast comer of Lot G2, said point also being on the Western R/W line of said 20' R/W, thence continuing S 69' 38' 00" E, 10,29' to a point on the centerline of said 20' RAV, thence turning and proceeding along the centerline of said 20' RAV, S 06- 4 1' 00" W, 461.8 1' to a point on the Northern RJW line of the 66' N & S R.R. R/W, said point being the true point of beginning. Area of Lot G2 and Western half of the adjoining unnamed 20' R/w herein described being 60,138.2 S.F./I.38 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C, Setzer and Brown K. Setzer, brothers, as tenants in common, by Deed of Gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 13 3 1, at page 579. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN NO: 1494-47-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract D 2 7.5 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that cer-tain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to -wit: BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. RiW as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in, that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06' 41' 00" E, 48.45' to the true point of beginning, thence proceeding along the centerline of said 20' R/W, N 06' 41' 00" E, 459.75' to a point, thence turning and proceeding, S 82' 05' 00" E, 13.45' to a point on the Eastern R/W line of said 20' R[W, said point also being the Northwest comer of Lot D2, thence continuing along the northern property line of Lot D2 the following courses and distances: S 82' 05' 00" E, 294.85' to a point, thence S 80' 54' 00" E, 130.70' to a point at the Northeast comer of Lot D2, thence turning and proceeding along the Eastern property line of Lot D2, S 03' 21' 00" W, 982.33' to a point at the Southeast comer of Lot D2, said point also being on the Northern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Southern property line of Lot D2, said Southern property line also being the Northern R/W line of the 66' N & S R.R. R/W, N 36- 15' 00" W, 713,40' to a point at the Southwest comer of Lot D2, said point also being located on the Eastern R/W line of said 20' R/W, thence proceeding N 36' 15' 00" W, 14.68' to a point on the centerline of said 20' R/W, said point being the true point of beginning. Area of Lot D2 and Eastern half of the adjoining unnamed 20' R/W herein described being 329,236.1 S.F./7.56 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by Partition in Kind In Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. rel EXHIBIT B (PARCEL 1) (1,0 16,461 sq. ft. or 23.3 347 Ac.) PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-03 10-0000 PARCELI: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, lying on both sides of "The Five Mile Stretch" of Princess Anne Road between PRINCESS ANNE COURTHOUSE and North Land Town Road, and known, numbered and designated as "30 acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 acres of land near Land's Station, PRINCESS ANNE COUNTY, VA., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; save and except, however, the following portions thereof. (a) that portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) all that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the South Side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 acres of land near Land's Station, PRINCESS ANNE COUNTY, VIRGINIA, for Michael G. Jordaneau, scale I" = 100' - June 17, 1977, Surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) all that certain tract, piece and parcel of land as shown on the aforesaid physical Survey by Wilfred P. Large, also located on the South Side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "Now or Fon-nerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." said tract fronts 150 feet on the South Side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. PARCEL2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly PRINCESS ANNE, VIRGINIA), and designated as 1. 1563 AC on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to -wit: beginning at a pin in the Southwestern line of the Norfolk-Southem right of way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21' 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57' 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 7' 24' 30" E 251.33 feet to a pin in the Southwestern line of the Norfolk -Southern railroad right of way; thence along said right of way S 36' 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument 7 Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN NOS. 1494-1695 AND 1494-47-03 10) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by Deed of correction from Donald P. Sullivan and Faith R. Sullivan, Husband and Wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, page 1860. PARCEL B: GPIN NO: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F, 6.1 AC." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A, CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen 0. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr, and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by deed of gift from June S. Walton, married, dated September 5 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. PI., Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the CITY OF Virginia Beach, Virginia, and being known and designated as Tract "Gl, 2.0 AC," on that certain plat entitled, "PROPERTY OF J. T. BROWN ESTATE, LOCATED NEAR PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. TOGETHER,with all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the grantor for ingress and egress to a publicly dedicated street over property of the grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen 0. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr., a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM Land Title Survey of property owned by Five Mile Stretch Associates, L.L.C. for Kotarides Developers, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a point being 0.67± miles Southeasterly from Winterberry Lane, being a pin found on the Northern right-of-way (R[W) of Princess Anne Road - State Route 165 and a 20' gravel lane as shown on plat entitled "SURVEY OF PROPERTY OF JESSE GOULD EST." recorded in M.B. 137, PG. 31 (VA. BEACH), also being the Southwest property comer of subject parcel and the Southeast property comer of the Commonwealth of Virginia; thence along the Eastern line of 20' Gravel Lane N 22'36'05" E, 815.63' to a pin found; thence S 66'08'45" E, 246.21' to a pin found; thence N 00'53'12" W, 235.55' to a point on the Southern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad); thence along the southern property line of Virginia Electric & Power Company S 44'33'41" E, 788.24' to a point; thence S 00'20'34" W, 216.88' to a pin found; thence S 01'51'56" E, 407.01' to a pin found; thence S 14'51'21" W, 467,38' to a pin found along a curve on the northern R/W of Princess Anne Road - State Route 165; thence along the aforementioned R/W the following five (5) courses and distances: along a curve to the left with a radius of 6225.00', an arc length of 270.72', a delta angle of 02'29'30", a chord bearing of N 51'21'57" W and a chord distance of 270.70' to a point; thence N 11'34'51" E, 190.87' to a pin found; thence N 78'21'33" W, 43.98' to a pin found;'thence S 53'56'54" W, 160.5 V to a pin found; thence N 5 3'0 1'07 W, 794.00' to a pin found, being the point of beginning, containing 1,0 16,461 square feet or 23.3 347 acres. Parcel 11 (392,734 sq. ft. or 9.0159 ac.) Parcel D: GPIN No: 1494-47-5847-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-2, 1.3 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, county surveyor, and which plat is duly of record in that certain ended chancery file number 18 10, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. �Vhich parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 13 3 1, at page 579. 10 The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN No: 1494-47-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT D 2, 7.5 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by partition in kind in Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. Metes & Bounds description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found on the Northern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad) and the angle point of Lot 66, as shown on plat entitled "SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2", recorded in M.B. 249, PG. 60-62 (VA. BEACH); thence along the Northern property line of Virginia Electric & Power Company N 44'33'41 " W, 1002.80' to a point; thence N 139 1'45" E, 299,50' to a pin found; thence N 22'41'40" W, 12.20' to a point; thence S 77'42'46" E, 128.11' to a I I point; thence S 25033'10" E, 8.97' to a pin found; thence N 89041'34" E, 295.09' to a pin found; thence S 89'06'53" E, 130.74' to a pin found; thence S 04'51'37" E, 984.69' to a pin found, being the point of beginning, containing 392,734 square feet or 9.0159 acres. PARCEL 111 (206,312 sq. ft. or 4.7363 ac.): GPIN No: 1494-48-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-3, 4.7 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 13 3 1, at page 5 79. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 In The Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found at the Northeast property comer of "TRACT G-3, 4.7 AC." and the Western line of the 20' right-of-way (R/W) as shown on the aforementioned J.T. Brown Estate plat recorded in Chancerly File No. 18 10; thence along the Western R/W line of the 20' R/W as shown on the aforementioned plat the following three (3) courses and distances: S 22'22'53" W, 94.04' to a pin found at the point of curvature of a non -tangent curve; thence along the curve to the right with a radius of 701.29', an arc length of 237.68', a delta angle of 19'25'08", a chord bearing of S 31'53'19" W and a chord distance of 236.55' to a pin found; thence S 41'37'56" W, 187.98' to a pin found; thence S 25'33'10" E, 12.66' to a point; thence N 77'42'46" W, 128.11' to a point; thence N 22'41'40" W, 10.13' to a pin found; thence N 22'56'34" W, 462. 10' to a point; thence N 02'21'57" E, 141.00' to a point; thence S 74'22'03" E, 20.80' to a pin found on line; thence S 74'22'03" E, 585.20' to a pin found, being the point of beginning, containing 206,312 square feet or 4.7363 acres. 12 PARCELF BEGINNING at the intersection of the prolongation of the Southern R/W line of Pleasant Acres Drive with the prolongation of the Western R/W line of Pleasant Lake Drive as shown on plat entitled SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2, dated June 30, 1995, prepared by The TAF Group, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach in Map Book 249 page 60; thence proceeding along the Western R/W line of Pleasant Lake Drive, S 451 26' 13" W, 125.00' to a point at the intersection of the Western R/W line of Pleasant Lake Drive and the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, N 440 33' 47" W, 1328.73' to the true point of beginning; thence leaving the Northern property line of property of Virginia Electric & Power Company and proceeding, S 450 26' 13" W, 66.00' to a point on the Southern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Southern property line, N 44' 33' 47" W, 55.00' to a point; thence turning and proceeding, N 45'.26' 13" E, 66.00' to a point on the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, S 44' 33' 47" E, 55.00' to the true point of beginning. parcel herein described being 3,630.00 square feet/0.0833 acres in size, more or less, and being more particularly shown on a plat prepared for Virginia Electric & Power Company by Gallup Surveyors & Engineers, Ltd., dated June 4, 2014 attached to deed recorded as Instrument No. 20141112001073230. [E.S.G.] GPIN No. 1494-48-1279-0000 ALL THAT certain tract, place or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and containing 2.6 acres and being more particularly bounded and described as follows, to -wit: BEGINNING at a pin in the Eastern side of the Right of Way of the Virginia Electric and Power Company Right of Way where that same intersects the Northern side of a 10 -foot Right of Way leading from Holland Swamp Road, and from said pin running thence along the Eastern side of the said Virginia Electric and Power Company Right of Way North 36 degrees 08 minutes West 78.93 feet to a pin in the dividing line between this property and the property of Riddick; thence turning and running along the dividing line between this property and the property of Riddick North 17 degrees 29 minutes East 850.5 feet to a pin in the dividing line between this property and the property of Isaac Gould, the same being in the centerline of a ditch; thence turning and running along the centerline of the said ditch South 75 degrees I I minutes East 80 feet to a pin; thence turning and running South I I degrees 29 minutes West 535.0 feet to a pin; thence turning and running South 32 degrees 45 minutes 30 seconds East 210.76 feet to a pin; thence South 12 degrees 67 minutes West 190 feet to a pin in the Northern side of a 20 -foot Right of Way; thence turning and running along the Northern side of the said 20 -foot Right of Way North 77 degrees 53 minutes West 171.12 feet to a pin, the point of BEGINNING. IT BEING the same property conveyed to E.S.G. Enterprises, Inc.,, a Virginia corporation by deed from Benjamin Russell and Lillian Russell, husband and wife, dated August 2, 1985 and 13 recorded September 9, 1985 in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2441 at page 211. [Aralarl GPIN No. 1494-48-2492-0000 ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, Virginia Beach, Virginia, and more particularly described as follows: BEGINNING at a pin in the southeastern comer of the lot herein to be described, which pin is on the northern side of the 20 -foot right of way leading from Holland Swamp Road, and from said pin running thence north 77 degrees, 53 minutes west 219.97 feet to a pin (which pin is 171.12 feet as measured along the northern side of the said 20 -foot right of way from a pin to the eastern edge of the V.E.P.C.O. R/W); thence turning and running North 12 degrees, 07 minutes East 190 feet to a pin; thence North 22 degrees 45 minutes 30 seconds West 210.76 feet to a pin; thence North 17 degrees 29 minutes East 535 feet to a pin in a ditch between this property and the property of Sam Wilson; thence turning and running along the said Ditch South 15 degrees 11 minutes East 123.1 feet to a pin; thence turning and running South 24 degrees 18 minutes West along the centerline of a ditch 139.9 feet to a point; thence continuing along the said centerline of the ditch South 15 degrees 58 minutes West 200.3 feet to a point; thence continuing South 10 degrees 36 minutes West 141.0 feet to a point; thence South 14 degrees 31 minutes East 461.7 feet to a pin in the Northern side of the said 20 -foot right of way, the point of beginning. IT BEING the same property conveyed to Lolita C. Aralar by deed from Jeffery S. Pyatt and Jeffrey C. Leavitt, dated December 14, 2001 and recorded December 26, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4585 at page 444. 14247456v2 14 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 242.1 of the City Zoning Ordinance Pertaining to Tattoo Parlors and Body Piercing Establishments MEETINGDATE: January5,2016 0 Background: Prior to 2001, tattoo parlors were not an allowed use in the City of Virginia Beach. In 2001, the City Council adopted amendments to the City Zoning Ordinance defining and allowing tattoo parlors with a conditional use permit in the B-2 Community Business District subject to the following; (a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and (b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District or school. Since 2001, conditional use permits for 24 tattoo parlors have been approved by City Council. These tattoo parlors have not caused land use issues or any other significant problems. It has now become extremely difficult to find potential new sites for tattoo parlors that meet the 600 -foot separation rule. N Considerations: Concluding that the 600 foot separation rule is excessive, Staff drafted an amendment to Section 242.1 of the City Zoning Ordinance to delete the requirement. The Planning Commission deferred the amendment at their October 14 th meeting for further study and discussion. Concerned about the potential for a proliferation of tattoo parlors/body piercing establishments in any single location, the Planning Commission revised the amendment at their December gth meeting to retain the requirement that a tattoo parlor or body piercing establishment must be at least 600 feet away from another such use. The alternate version deletes the 600 foot separation requirement from a Residential District, Apartment District or school for tattoo parlors/body piercing establishments. City of Virginia Beach/Tattoo Parlors Page 2 of 2 Staff supports the alternative version. There was no opposition to the request. 0 Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with two absent, to recommend approval of this amendment, as revised, to the City Council. Attachments: Revised Ordinance Staff Report Summary of Tattoo Parlor Regulations in other Regional Localities Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Managers��, 1 REQUESTED BY COUNCILMEMBER BARBARA M. HENLEY 2 3 4 ALTERNATE VERSION 5 6 7 AN ORDINANCE TO AMEND SECTION 242.1 OF THE 8 CITY ZONING ORDINANCE PERTAINING TO TATTOO 9 PARLORS AND BODY PIERCING ESTABLISHMENTS 10 11 Section Amended: § 242.1 of City Zoning Ordinance 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 242.1 of the City Zoning Ordinance is hereby amended and 20 reordained to read as follows: 21 22 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 23 ALL DISTRICTS 24 25 .... 26 27 C. - CONDITIONAL USES AND STRUCTURES 28 29 .... 30 31 Sec. 242.1. Tattoo parlors and body piercing establishments. 32 33 Tattoo parlors and body piercing establishments shall be permitted only as 34 conditional uses in the B-2 Community Business District, and, in addition thereto: 35 36 (a) Tattoo parlors and body piercing establishments shall be subject to the 37 requirements pertaining to tattoo parlors and body piercing establishments set forth in 38 Chapter 23 of the City Code, which requirements shall be deemed to be conditions of 39 the conditional use permit; and. 40 41 (b) No tattoo parlor or body piercing establishment shall be located within six 42 hundred (600) feet of another tattoo parlor or body piercing establishment, Residentia-1 43 oF ApaFtment Di6tFiGt OF GGheel. 44 45 46 47 48 49 50 COMMENT The amendment deletes the 600 -foot separation requirement between tattoo parlors/body piercing establishments and Residential or Apartment Districts and schools. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 7 2016. APPROVED AS TO CONTENT Plan�ing Departm , ent CA 13424 R-1 ALTERNATE December 8, 2015 APPROVED AS TO LEGAL SUFFICIE CY: City Attorney's Office 24 October 14, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - TATTOO PARLORS REQUESTS: An Ordinance to Amend Section 242.1 of the City Zoning Ordinance Pertaining to Tattoo Parlors and Body Piercing Establishments. SUMMARY OF AMENDMENT Prior to 2001, tattoo parlors were not a permitted use in the City of Virginia Beach. In 2001, the City Council adopted amendments to the City Zoning Ordinance defining and allowing tattoo parlors with a conditional use permit in the B-2 Community Business District subject to the following; (a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and (b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District or school. Since 2001, conditional use permits for 24 tattoo parlors have been approved by City Council. These tattoo parlors have not caused land use issues or any other significant problems. It has now become extremely difficult to find potential new sites for tattoo parlors that meet the 600' separation rule and the proposed amendment deletes the requirement. Zoning Ordinance Section 242.1 (a) requires adherence to Chapter 23 of the City Code which establishes licensing and Health Department requirements that apply to tattoo parlors and body piercing establishments. No changes are proposed to this section, which works well to ensure that tattoo parlors and body piercing establishments are operated in a safe and sanitary manner. RECOMMENDATION Staff concludes that the 600' separation requirement is excessive and should be eliminated. The appropriateness of each site can be determined through the required conditional use permit process. Approval of the amendment is recommended. CITY OF VIRGINIA BEACH / Tattoo Parlors Agenda Item 24 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AMEND SECTION 242.1 OF THE CITY ZONING ORDINANCE PERTAINING TO TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS Section Amended� § 242.1 of City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 242.1 of the City Zoning Ordinance is hereby amended and !reordained to read as follows: ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS Sec. 242.1. Tattoo parlors and body piercing establishments. Tattoo parlors and body piercing establishments shall be permitted only as conditional uses in the B-2 Community Business District, and, in addition thereto-,, ,(.a�Tjattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of 'the City Code, which requirements shall be deemed to be conditions of the conditional use permit-�,-�.. TWENITMI.M. -PRI I ISM i ee RON Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 12015. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY� -A13424 �Vl A/ eL CitVAttorney's Office Item #D1 City of Virginia Beach An Ordinance to Amend Section 242.1 of the City Zoning Ordinance Pertaining to Tattoo Parlors and Body Piercing Establishments. December 9, 2015 CONSENT An Ordinance to Amend Section 242.1 of the City Zoning Ordinance Pertaining to Tattoo Parlors and Body Piercing Establishments. Item D-1 is an amendment to the City Zoning Ordinance regarding the location of tattoo parlors and body piercing establishments. The alternative version deletes the requirement that tattoo parlors and body piercing establishments be located 600 feet from (a) Residential Districts (b) Apartment Districts and (c) schools. The Planning Commission is concerned about allowing a proliferation of tattoo parlors and body piercing establishments close together, therefore, the alternative version retains the requirement that such an establishment must be at least 600 feet from another tattoo parlor and body piercing establishment. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item D-1. AYE 9 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY OLIVER RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE NAY 0 ABS 0 ABSENT 2 By a vote of 9-0, the Commission approved item D-1 for consent. Karen Lasley appeared before the Commission. ABSENT ABSENT K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD — CSB HAMPTON ROAD ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION - RAC TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH CITY COUNCIL'S BRIEFING SUMMARY OF COUNCIL ACTIONS A. VOLUNTEER RESOURCES Father James Parke, R 0 Director S 11 CITY MANAGER'S BRIEFINGS D S DATE 12/08/2015 PAGE: I A Patti Philips, V HENSIVE ANNUAL FINAN- Director — Finance H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E i M S U I Krista Ecloff, P D N 0 K M M S H L W 0 Y L N A 0 0 0 R S 0 R E E E N S N M 1 0 0 T R Y S E S D S N N D I CITY COUNCIL'S BRIEFING A. VOLUNTEER RESOURCES Father James Parke, ANNUAL REPORT Director 11 CITY MANAGER'S BRIEFINGS A. ANNUAL AUDIT / COMPRE- Patti Philips, HENSIVE ANNUAL FINAN- Director — Finance CIAL REPORT (CAFR) / INTERIM FINANCIAL Krista Ecloff, STATEMENT Cherry Bekaert, LLP B. DRAFT COMPREHENSIVE Barry Frankenfield, PLAN UPDATE Acting Director III/IVN/ CERTIFICATION OF CLOSED VI. A-E SESSIONS INTERVIEW SESSIONS CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y December 2, 4, 7 1 1 1 VIT MINUTES INFORMAL/FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y December 1, 2015 VI.G FORMAL SESSION AGENDA CONSENT AGENDA VI.H PUBLIC HEARING Proposed Exemption from Local No Speakers Property Taxation by Designation — Zeiders American Dream Theater VI.I.) Resolution to REPEAL RES -03437 re ADOPTED 10-1 Y N Y Y Y Y Y Y Y Y Y Offshore Oil/Gas Exploration VI.I.2 Resolution to RE -ADOPT the City ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y Council's Policy re (EDIP) CONSENT I VI.I.3 Ordinance to DESIGNATE Zeiders ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y American Dream Theater as EXEMPT CONSENT from local property taxation CITY OF VIRGINIA BEACH Resolutions re the Arena: ADOPTED 10— 1 Y Y N Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y a. AUTHORIZE documents, R 0 S Development Authority D S DATE 12/08/2015 PAGE: 2 A V that no General Fund dollars are to H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N 0 K M M S H L W 0 Y L N A 0 0 0 R S 0 R E E E N S N M 1 0 0 T R Y S E S D S N N D V114 Resolutions re the Arena: ADOPTED 10— 1 Y Y N Y Y Y Y Y Y Y Y a. AUTHORIZE documents, TRANSFER of land to the Development Authority b. DECLARE City Council's intent that no General Fund dollars are to be used c. REAFFIRM strong, continuing support of the Tidewater Veterans Memorial/Park V115 Ordinance to ACCEPT the Virginia Beach ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Arts Plan 2030 CONSENT V1.1.6 Ordinance to APPROVE the sale of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y School Board property for Witchduck CONSENT Road Phase WALLOW the School Board to retain all sale proceeds VLI.7 Ordinance to AUTHORIZE encroach- ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ments into portions of City -owned CONSENT property at Pike Inlet, re a boat lift at 332 Tuna Lane DISTRICT 7 — PRINCESS ANNE V118 Resolution to AUTHORIZE re the Old DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y Beach Village, LLC Apartments INDEFINITELY, BY B CONSENT S a. A non-binding Tenn Sheet T A b. Development Authority's I Incentive Agreement N E c. Development of supplemental D documents V119 Ordinance to PROVIDE $790,000 to the ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y Development Authority re the Bio- CONSENT Medical Initiative V1.1. 10 Ordinance re the Fire Department ADOPTED, BY 11 —0 Y Y Y Y Y Y Y Y Y Y Y Marine Team CONSENT a. ACCEPT/APPROPRIATE $192,525 from U.S. Homeland Security b. TRANSFER $64,175 for the local match CITY OF VIRGINIA BEACH RESOLUTION appointing Douglas Smith ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMAR Y OF COUNCIL ACTIONS Y Y Interim City Manager effective January 1, CONSENT R 0 S ADDED RESOLUTION recognizing City Manager ADOPTED 10-1 D Y Y Y Y N S Y Y Y Y DATE 12/08/2015 PAGE: 3 A V VI.J. I DONALD L. KESSEL, Subdivision APPROVED/ 11-0 H S Y Y Y AGENDA E Y H Y Y A E W ITEM # SUBJECT MOTION VOTE N E i M S U I CONSENT P D N 0 K M M S� H L W V112 0 Y L N A 0 0 0 R S 0 Y R F E E N S N M 1 0 0 T R Y S E S D S N I N D � I ADDED RESOLUTION appointing Douglas Smith ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Interim City Manager effective January 1, CONSENT 2016 ADDED RESOLUTION recognizing City Manager ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Jim Spore's retirement after 24 years VI.J. I DONALD L. KESSEL, Subdivision APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance at 5001 Blackwater Road CONDITIONED, BY DISTRICT 7 — PRINCESS ANNE CONSENT V112 LINA MERCER/1408 MILL DAM APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ROAD, LLC, Subdivision Variance at CONDITIONED, BY 1408 Mill Dam Road DISTRICT 5 — CONSENT LYNN14AVEN VI.J.3 REED ENTERPRISES, INC. Modifi- APPROVED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y cation of Proffers to Conditional COZ re PROFFERED/ storm water at Holland/Dam Neck Roads CONDITIONED, BY DISTRICT 7 — PRINCESS ANNE CONSENT VI.J.4 PRINCESS ANNE MEADOWS, LLC/ DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y FIVE MILE STRETCH ASSOC., LLC, JANUARY 5,2016, Conditional COZ from AG-I/AG-2 to BY CONSENT Conditional R- 10 at 2800-2900 Princess Anne Road re single-family subdivision DISTRICT 7 — PRINCESS ANNE V115 MGP RETAIL CONSULTING, LLC/ APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y MARK IV INVESTMENTS, INC., PROFFERED, BY Conditional COZ from AG -2 to CONSENT Conditional B-2 at 1136/1203/1205 Edison Road DISTRICT 7 — PRINCESS ANNE A V116 RICHARD W. BOUCHER T/A APPROVED/ 10-0 Y Y Y Y Y Y Y B Y Y Y EXCELLENCE PROFESSIONAL CONDITIONED, BY S PAINTSERVICE/GHS It, LLC, CUP CONSENT T re: auto repair at 3413 Chandler Creek A Road N IDISTRICT 3 — ROSE HALL E I I I I I D V117 KEVIN JAMISON/MISSION APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ENTERPRISES, LLC, CUP re: eating CONDITIONED, BY establishment at 501 Virginia Beach CONSENT Boulevard DISTRICT 6 — BEACH CITY OF VIR GINIA BEACH RADMAN RADIOLOGICAL CORP/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y JOHN MOLLER, CUP re: home CONDITIONED, BY R 0 CONSENT S DISTRICT 7 — PRINCESS ANNE D S DATE 12/08/2015 PAGE: 4 A APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y V Y RAU TRUST, CUP re: auto repair at CONDITIONED, BY H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E i M S U I P D N 0 K M M S H L W K 0 Y L N A 0 0 0 R S 0 R E E E N S N M 1 0 0 T R I Y I S E S D S N I N I D V118 RADMAN RADIOLOGICAL CORP/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y JOHN MOLLER, CUP re: home CONDITIONED, BY occupation at 2353 Fenwick Way CONSENT DISTRICT 7 — PRINCESS ANNE VIJ.9 RNR OF VIRGINIA/RANDOLPH A. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y RAU TRUST, CUP re: auto repair at CONDITIONED, BY 623 First Colonial Road CONSENT DISTRICT 6 — BEACH K APPOINTMENTS RESCHEDULED, BY CONSENSUS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -PLUMBING/ MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION /N ADJOURNMENT 7:44 P.M.