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MARCH 1, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `4G�r11A BEA�� MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District-1 & M.BENJAMIN DAVENPORT At Large ROBERT M.DYER,Centerville-District I c116, 5 BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall-District 3 t� � *'• %': .JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 oes`W JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES :i CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-900 CITYA7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR--JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS O1 March 2016 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC VICE MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. 2016 COMPREHENSIVE PLAN - "It's Our Future: A Choice City" Barry Frankenfield, Director- Planning B. VB READS Karen Kehoe, GrowSmart Coordinator—Economic Development Melissa Zibutis, Coordinator- Volunteer Resources C. CAPITAL IMPROVEMENT PROGRAM (CIP): BUILDINGS Thomas Nicholas, Engineer -Public Works Facilities II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Reverend Harry W. Griffith, Pastor Our Saviour Lutheran 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 SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 16, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Manager to take no further actions until the City Council considers a proposed Memorandum of Understanding (MOU) for the Light Rail project 2. Ordinance to AUTHORIZE the acceptance of a DEDICATION from Michael A. and Deborah A. Hillier of a variable width drainage easement over property at 3025 Lynnhaven Drive 3. Ordinance to AUTHORIZE temporary encroachments: a. Into a portion of City property known as Lake Wesley at the rear of 516 Southside Road re two (2)piers and other improvements DISTRICT 6—BEACH b. Into a portion of the City owned lake at the rear of 5561 Westward Drive re a rip rap DISTRICT 2 —KEMPSVILLE 4. Ordinance to ACCEPT and APPROPRIATE $485,619 in excess State Aid to Localities renevue to the Fire Training Center Improvement Phase III ,11 1111 5. Ordinance to ACCEPT and APPROPRIATE $250,000 from the Virginia Aquarium Foundation to the Chesapeake Bay Aquarium renovations 6. Ordinance to ACCEPT and APPROPRIATE a $102,000 Grant for the Hazardous Materials Team I. PLANNING 1. Applications for Street Closure of an unimproved alley in Croatan Beach DISTRICT 6—BEACH: a. CHARLES R. and BONNIE K. DOMAN at the rear of 508 Vanderbilt Avenue b. AMY R. SLAGLE at the rear of 829 South Atlantic Avenue RECOMMENDATION: APPROVAL 2. STEPHEN and ADEN MURRAY for a Conditional Use Permit re residential kennel at 5227 Lake Shores Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. HEADGEAR II, LLC and GHS II, LLC for a Conditional Use Permit re bulk storage at 3409 Chandler Creek Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) for a Conditional Use Permit re assembly use at 5865 Pickering Street DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 5. ROBERT J. IANUCCI for a Conditional Use Permit re a home occupation - firearm sales at 1305 Willowood Lane DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL 6. STEVE'S MOBILE TRUCK REPAIR/NEWTOWN THURSTON LLC for a Conditional Use Permit re automobile repair at 5900 Thurston Avenue DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL III 7. McDONALD GARDEN MARKET, LLC /BRANCH BANKING AND TRUST COMPANY for a Conditional Use Permit re an open air market at 3112 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY COMMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS M.ADJOURNMENT *********************** 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 ****************************** 03/01/16 jb VICE MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. 2016 COMPREHENSIVE PLAN - "It's Our Future: A Choice City" Barry Frankenfield, Director- Planning B. VB READS Karen Kehoe, GrowSmart Coordinator—Economic Development Melissa Zibutis, Coordinator- Volunteer Resources C. CAPITAL IMPROVEMENT PROGRAM (CIP): BUILDINGS Thomas Nicholas, Engineer - Public Works Facilities II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION II I I VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Reverend Harry W. Griffith, Pastor Our Saviour Lutheran 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 SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 16, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Manager to take no further actions until the City Council considers a proposed Memorandum of Understanding (MOU) for the Light Rail project 2. Ordinance to AUTHORIZE the acceptance of a DEDICATION from Michael A. and Deborah A. Hillier of a variable width drainage easement over property at 3025 Lynnhaven Drive 3. Ordinance to AUTHORIZE temporary encroachments: a. Into a portion of City property known as Lake Wesley at the rear of 516 Southside Road re two (2) piers and other improvements DISTRICT 6— BEACH b. Into a portion of the City owned lake at the rear of 5561 Westward Drive re a rip rap DISTRICT 2—KEMP SVILLE 4. Ordinance to ACCEPT and APPROPRIATE $485,619 in excess State Aid to Localities renevue to the Fire Training Center Improvement Phase III 5. Ordinance to ACCEPT and APPROPRIATE $250,000 from the Virginia Aquarium Foundation to the Chesapeake Bay Aquarium renovations 6. Ordinance to ACCEPT and APPROPRIATE a $102,000 Grant for the Hazardous Materials Team I „,.,03,'',„;',!,, ,.,;;,.,eq cti` v.) It < j t ,, ti`” CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Take No Further Actions Until the City Council Considers a Proposed Memorandum of Understanding for the Light Rail Project MEETING DATE: March 1, 2016 • Background: A Memorandum of Understanding (the "MOU") between the City of Virginia Beach, the Transportation District Commission of Hampton Roads, d/b/a Hampton Roads Transit, and the Commonwealth of Virginia, through its Department of Rail and Public Transportation, will be offered to the City Council for consideration and vote at the Council's April 5, 2016, Formal Meeting. The MOU sets forth various actions of the parties in furtherance of the extension of The Tide light rail from its current terminus in Norfolk to the Town Center section of Virginia Beach with a proposed new terminus at Columbus Street. The City Manager provided a letter to the City Council on February 19, 2016, outlining various actions taken by the Manager in furtherance of the Light Rail project including the lease of 5,082 square feet of professional office space, the movement of City employees to such office space to establish a project implementation team, and to procure fixtures, equipment, and information technology for such office space. A copy of the letter is attached to this item. • Considerations: The City Manager cannot be legally assured of the Council's favorable action on April 5th to approve the MOU. Accordingly, the attached resolution would direct the Manager to cease the actions detailed in the February 19, 2016, letter until after the City Council has the opportunity to consider and vote upon the MOU at its April 5th Formal Meeting. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution; February 19, 2016, Letter Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION DIRECTING THE CITY MANAGER TO 2 TAKE NO FURTHER ACTIONS UNTIL THE CITY 3 COUNCIL CONSIDERS A PROPOSED MEMORANDUM 4 OF UNDERSTANDING FOR THE LIGHT RAIL PROJECT 5 6 WHEREAS, a Memorandum of Understanding (the "MOU") between the City of 7 Virginia Beach, the Transportation District Commission of Hampton Roads, d/b/a 8 Hampton Roads Transit, and the Commonwealth of Virginia, through its Department of 9 Rail and Public Transportation, will be offered to the City Council for consideration and 10 vote at the Council's April 5, 2016, Formal Meeting; and 11 12 WHEREAS, the MOU sets forth various actions of the parties in furtherance of 13 the extension of The Tide light rail from its current terminus in Norfolk to the Town 14 Center section of Virginia Beach with a proposed new terminus at Columbus Street; and 15 16 WHEREAS, the actions undertaken by the City Manager as described in the 17 February 19, 2016, letter provided to the Council and attached hereto as Exhibit A, are 18 premature because the Manager cannot be legally assured of the Council's favorable 19 action to approve the MOU on April 5, 2016; 20 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 22 Virginia Beach, Virginia, that 23 24 The City Manager is directed to take no further action upon any of the items 25 contained in the February 19, 2016, letter and to delay the further execution of actions 26 in-progress until after the City Council considers the MOU at its April 5, 2016, Formal 27 Meeting. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY f: k� City Attorney's Office CA13579 R-1 February 22, 2016 1A-8F„4 Exibit A Pc:tr`r y c,f15 Virginia3eacl-z ous li'' OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)-385-4242 BUILDING NUMBERS FAX(757)427-4135 2401 COURTHOUSE DRIVE TDD(757)385-4305 VIROMA BEACH,VA 23458-9001 February 19,2016 The Honorable William D. Sessoms,Jr., Mayor Members of City Council Subject: Expenditures on Virginia Beach Light Rail Extension Project Dear Mayor and Members of City Council: The purpose of this letter is to inform City Council of the current and projected expenditures for the Light Rail Extension Project. To date,we have expended$793,219.00 on our consultant, Kimley-Horn. • Project oversight for our A/E consultant to perform various duties including review of HRT studies, designs and cost estimates; developing design built procurement protocols; developing project management proposals required by Department of Rail and Public Transportation; and providing specialized consultants as needed. Total expenditures to date are$599,752.16. This is funded from CIP 2-092. • Design of the shared use path that will be included with the light rail project. Total expenditures to date are $193,467.80. This is funded from CIP 2-108. We have recently executed a lease agreement for 5,082 rentable square feet of general professional office space at 4801 Columbus Street,Virginia Beach. This space has been leased to house the Light Rail Extension Project Implementation Team that will manage all aspects of the Light Rail project. The leased space can accommodate twenty persons and is located almost directly adjacent to the light rail corridor. It is anticipated that six City staff members will be located at this facility with the City's consultants and other project partners occupying the remaining space. This facility was leased for a period of 48 months,commencing on April 1, 2016 and ending on March 31,2020. The annual cost of this lease is $68,607.00 and is funded by CIP 2-092. This is a full service contract which includes electricity, elevator service,heating,ventilation and air conditioning and exterior building maintenance. The Honorable William D. Sessoms, Jr., Mayor Members of City Council Expenditures on Virginia Beach Light Rail Extension Project February 19, 2016 Page 2 Furnishings, fixtures and equipment expenses for the facility are estimated at$68,000.00 which we are currently procuring. Public Works and ComiT staff have developed the requirements for telephone,data and reproduction equipment. Arrangements with the IT department for installation are being finalized for an agreed upon cost of$200,000. This is funded from CIP 2- 092. The City share for light rail vehicle acquisition was based upon a 50/50 cost share with the Commonwealth. The FY16 appropriation for CIP 2-092 included$2.5 million of local funding for the down payment of the acquisition of the additional light rail vehicles. This equates to one half the projected cost of the first vehicle. These funds are being encumbered against CIP 2-092. Respe I. ly, - ~-, 0 David L. Hansen City Manager DLH/mrg Attachments(2) I III I City of Virginia Beach,Virginia Fiscal Years 2016 through 2021 Capital Improvement Program Project:2092000 I Title:Virginia Beach Transit Extension Project ( Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type: New Facility Construction/Ex.ansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 Funding 310,378,000 0 17,500,000 292,878,000 0 0 0 0 0 Description and Scope This is a design-build project to extend light rail fixed guide-way transit,"The Tide",from its terminus at the Newtown Station/Norfolk-Virginia Beach City line,east to the Town Center/Constitution Drive area.The project funds the procurement of all goods and services including,but not limited to:right-of-way acquisition;procurement of light rail vehicles;City Expert Consultant and Construction/Engineering/Inspection contract services;design-build services(e.g.,preparation of construction documents,utility coordination,light rail system construction);roadway&bridge improvements;retrofitted improvements to Norfolk's existing light rail system,&stations&associated pedestrian connectivity within and along the transit corridor.Twelve new buses to support this project are funded in a separate project 2-093 Buses for Virginia Beach Transit Extension. Purpose and Need The Envision Virginia Beach 2040 Committee Report recommends that City Council make transportation a key priority,focusing on multi-modal means of connecting within our neighborhoods,across the City,region and beyond.The City's Sustainability Plan(i.e.,A Community Plan for a Sustainable Future,Connections chapter)includes a primary goal to create an inter-connected,multi-modal transportation system providing efficient,safe,&affordable movement city-wide&linking to regional systems.Extension of"The Tide"provides a transportation alternative that enhances the livability of the city&its neighborhoods by improving mobility(e.g.,residents,workers&visitors)&transportation/transit system efficiency&intermodal connectivity;reducing congestion&air pollution;&supporting land use planning in the eight Strategic Growth Areas that reduce urban sprawl. History and Current Status This project first appeared in the FY 2015-16 CIP.HRT/consultants restarted the VBTES in Nov 2012 with completion in Oct 2014 after"Tide" ridership was evaluated and the referendum occurred.Also,HRT coordinated the development of the DEIS in accordance with the National Environmental Policy Act.Initially,the VBTES focused on an alignment to the Oceanfront through the former Norfolk-Southern right-of-way,&was expanded at City Council request to add two alignment-alternatives:one terminating in the Rosemont Road area;&Oceanfront alignment alternative through the Hilltop SGA.In Apr 2014,the City requested a fourth alignment alternative terminating at Town Center.At the same time, the City and State agreed in principle to a 50%/50%cost-share up to$310 million of the light rail extension at least to the Town Center area. Alternative The preliminary DEIS is under Federal Transit Administration review/approval(Nov 2014-Jan 2015),with Final DEIS Circulation&Formal Public Hearings to be completed(Mar 2015-Apr 2015).City staff,HRT&the Virginia Department of Rail and Public Transportation will be developing&executing grant agreements to fund"The Tide"extension project(anticipated Jul 2014 to Jan 2016). Operating Budget Impacts Estimated net new annual operating cost is$2 million/year for operations/maintenance of Virginia Beach's portion of"The Tide"to the Town Center area.Additional City maintenance costs are being identified. Project Map Schedule of Activities Project Activities From-To Amount Design 07/15-06/17 20,575,000 Site Acquisition 07/15-12/18 28,920,000 Private Utility Adjustments 07/15-12/18 6,284,000 Construction 07/16-12/18 188,120,000 Furniture and Fixtures 07/15-12/18 20,969,000 Contingencies 01/17-12/18 45,510,000 Total Budgetary Cost Estimate: 310,378,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 155,378,000 State Contribution 155,000,000 • Total Funding: 310,378,000 Fiscal Year 2015-16 4-57 Quality Physical Environment City of Virginia Beach,Virginia Fiscal Years 2016 through 2021 Capital Improvement Program Project:2108000 I Title:Light Rail Corridor Shared-Use Path l Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project T pe: New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 Funding 17,686,080 0 2,500,000 15,186,080 0 0 0 0 0 Description and Scope This project will fund the design,construction,right-of-way acquisition(if needed)and site furnishings required to create a shared-use pathway within and/or along the former Norfolk-Southern right-of-way in conjunction with the light rail extension project to provide additional modes of transportation.This project is meant to supplement the light rail extension project to fund improvements,such as pedestrian crossings and bridges, ballast curbs,fencing and gates;and pedestrian-scale lighting and associated safety improvements,which would not otherwise be built with the light rail extension project if the shared-use pathway were not built.The shared-use pathway will be approximately three miles long and shall be at least 12 feet wide for the majority of the project,unless in extremely constrained areas.Project costs will be shared between the City and State on a 50%/50%basis. Purpose and Need The Envision Virginia Beach 2040 Committee Report recommends that City Council make transportation a key priority,focusing on multi-modal means of connecting within our neighborhoods,across the City,region and beyond.The City's Sustainability Plan(i.e.,A Community Plan for a Sustainable Future,Connections chapter)includes a primary goal to create an inter-connected, multi-modal transportation system providing efficient,safe,and affordable movement city-wide and linking to regional systems.0 The East-West shared-use pathway within and along the former Norfolk-Southern Right-of-Way is a top priority of the City Council-adopted Bikeways and Trails Plan,and is a candidate project for the Hampton Roads Transportation Planning Organization's draft 2040 Long Range Transportation Plan.The purpose of the light rail corridor shared-use pathway is to create a continuous east/west pedestrian and bicycle shared-use path between Newtown Road(the western City of Virginia Beach limits)and the Town Center area,which is the first phase of an East-West shared-use pathway that connects the central,developed part of the City from the Oceanfront to adjacent cities. It will create a facility to connect the Newtown and Pembroke Strategic Growth Areas (SGAs)and eventually six of the eight planned SGAs.The facility will supplement urban development with modes of transportation that serve pedestrian,bicyclist,and other non-motorized modes.The shared-use pathway and associated infrastructure will also serve as maintenance access to the transit system,with use of appropriate safety protocols. History and Current Status This project first appeared in the FY 2015-16 CIP.The Light Rail Corridor Shared Use Path Study was completed in 2014,and its recommendations and cost estimates are the basis for this project. Operating Budget Impacts , To be determined. Project Map Schedule of Activities Project Activities From-To Amount Design 07/15-06/19 1,965,120 • Site Acquisition 07/15-06/19 534,880 Construction 07/16-06/19 13,100,800 Contingencies 07/16-06/19 2,085,280 Total Budgetary Cost Estimate: 17,686,080 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 8,843,040 State Contribution 8,843,040 Total Funding: 17,686,080 Fiscal Year 2015-16 4-33 Quality Physical Environment II � � w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acceptance of a dedication from Michael A. Hillier and Deborah A. Hillier of a 244 sq. ft. (0.006 acre) variable width drainage easement over property located at 3025 Lynnhaven Drive (GPIN: 1499-18-2472) MEETING DATE: March 1, 2016 • Background: The City of Virginia Beach Public Works Department has been receiving drainage complaints from the residents of Lynnhaven Drive and Basin Road for a number of years. Stormwater runoff ponds in the right-of-way for several days until the water evaporates. There is no emergency outfall relief system in place. The Basin Road Drainage Improvements Project (CIP 7-416.029) was established to provide drainage relief for the area of Basin Road near the intersection with Lynnhaven Drive. This project will provide two storm drop inlets, storm pipe and a proposed outfall pipe to be located at 3025 Lynnhaven Drive (the "Property"). The new structures, storm pipe and outfall pipe will follow the existing right-of-way and the proposed additional 244 sq. ft. public drainage easement (the "Easement") to an outlet into Long Creek. Michael A. Hillier and Deborah A. Hillier (the "Hilliers") own the Property over which the Easement is to be located. • Considerations: The Hilliers have agreed to dedicate the Easement to the City in order to address the stormwater issues. • Public Information: Advertisement of City Council's Agenda. • Alternatives: Decline the proposed dedication. • Recommendations: Approval • Attachments: Ordinance, Plat, Disclosure Statement and Location Map Recommended Action: Approval Submitting Dep • e s ency: Deputy City Manager/ Public Works pAOCity Manager: 11 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION FROM 3 MICHAEL A. HILLIER AND DEBORAH A. 4 HILLIER OF A 244 SQ. FT. (0.006 ACRE) 5 VARIABLE WIDTH DRAINAGE EASEMENT 6 OVER PROPERTY LOCATED AT 3025 7 LYNNHAVEN DRIVE (GPIN: 1499-18-2472) 8 9 WHEREAS, the City of Virginia Beach Public Works Operations Department 10 desires to improve stormwater drainage in the Lynnhaven Colony neighborhood; 11 12 WHEREAS, the Basin Road Drainage Improvements Project (CIP 7-416.029) 13 was established to provide drainage relief for the area of Basin Road near the 14 intersection with Lynnhaven Drive. This project will provide two storm drop inlets, storm 15 pipe and a proposed outfall pipe to be located at 3025 Lynnhaven Drive (the "Property"). 16 The new structures, storm pipe and outfall pipe will follow the existing right-of-way and 17 the proposed additional 244 sq. ft. public drainage easement (the "Easement") to an 18 outlet into Long Creek. 19 20 WHEREAS, Michael A. Hillier and Deborah A. Hillier (the "Hilliers") own the 21 Property over which the Easement is to be located, as shown on the plats attached as 22 Exhibit A and made a part hereof; and 23 24 WHEREAS, the Hilliers have agreed to dedicate the Easement over the Property 25 to the City in order to address the stormwater issues in the area. 26 27 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA: 29 30 1. That the City Council authorizes the acceptance of the dedication of the 31 Easement by the Hilliers to the City of Virginia Beach. 32 33 2. That the City Manager or his designee is further authorized to execute all 34 documents that may be necessary or appropriate in connection with accepting the 35 dedication of the Easement, and including such terms and conditions as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of , 2016. CA 13470 R-1 PREPARED: 2/15/16 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d014\p021\00259815.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PU:LIC WORKS, REAL ESTATEJ CITY A RNEY ? : tCS (lo 11/4B vires in APPLICANT'S NAME ! , a !_4/26-4,'-' r 6mr h 14-b -ale 2 e 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 Disposition of City Modification of ' by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDI!, Changes Board of Zoning Appeals Encroachment Request , Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit ? License Agreement 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 1 / APPLICANT DISCLOSURE rrJJrs( "Y jr OW', // lt I crt� ' ..lie, f iii*r I e .,1'rat1 c11', i. .,eel , i,ni lc :.icy Page 1 of 5 ,40-*,"iul"(rfrn:,1, "f9 a,.el"tj Cc, Yicdd 1i1rk'.3ilo 1I , i (tri,. i; iP li,k I 1 114+all' i El API!i:'Shi Wi'ilir DOf' rf[P HA—, STI , 0 NOCMPd (tSAS:Ji L`lt1k Q F, l';S±ONS51:;rN(1Tr D r,:.7r I II III I I in Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, 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 parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE mplete 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 rny., Virginia Beach 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) 1 "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 subject of the application 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 AN3 YES , NO SERVICE PROVIDER Luse additional sheets if needed) Q Accounting and/or preparer of your tax return ❑ ;, Architect/Landscape Architect/ Land Planner Contract Purchaser(jf otlter!clan ❑ the Aaplicant)-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) Q °A Construction Contractors ❑ + Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders /O00,-YGc selected or being considered to provide financing for acquisition or construction of the property) ❑ q Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property a _ • • 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? Page 4 of 5 Virginia Beach 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. I t +� / Adjedd APPLI NT'S 51 ,1.TU PRI NAM4 Ya ,t!it- DA E 1lv /9, // . PR OWNER' IGNATURE PRINT NAME D TE Page 5 of 5 ti+ e E V t -: TU I,- 4 �� cn 1 �,�I �I W Q �"` I yeti J I I I ' H .� ( L y. 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'..E LTA o�� Q m 3,t ii t ... v,---.: c_.) ,,, ,, 2", 4L% 2p2 qW Y>3 1111.‘ 1111114:il.. , M ��p V W I,, god^433„;2 Wv,W aG 3 42k, WWk., 4%* a w Z ti grn in eco., L cY y 4. Q 0_ ♦ g N "i v 4i '6 I '117 ♦ 4 xic ti �Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Lake Wesley, Located at the Rear of 516 Southside Road MEETING DATE: March 1, 2016 • Background: Casbar Holdings I, L.L.C. (the "Applicant") has requested permission to construct and maintain two (2) floating wood piers (8' x 77' and 8' x 44'), two (2) boat lifts (12' x 12'), and two ramps (4' x 26') upon a portion of City property known as Lake Wesley, and to maintain an existing PVC bulkhead and 4' wire fence in the 5' Drainage Easement (M.B. 26, P. 57) and the 10' Drainage Easement (Instrument Number 20131015001228920) ("Encroachments") There are similar piers and boat lifts encroachments in Lake Wesley, which is where the Applicant has requested to encroach. However, requesting two piers for a single property is not typical. The Applicant has provided assurances that the piers will not be operated as a commercial marina in response to Zoning's concerns about the two piers. That assurance is memorialized in the attached Encroachment Agreement attached to the Ordinance. • Considerations: City Staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested Encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the Applicant shall make a One Thousand Five Hundred Sixty and 00/100 Dollars ($1,560.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area on the property. Said payment is equal to the partial cost of plant material which will be used to restore buffer areas on other City-owned property. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat (Exhibit A), Pictures, Location Map and Disclosure Statement Form Recommended Action: Approval of the ordinance. • 4 Submitting Departme- . ' •ency: Public Works/Real Estate (Pt pii-D City Manager: �II py 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE WESLEY, LOCATED 7 AT THE REAR OF 516 SOUTHSIDE 8 ROAD 9 10 WHEREAS, Casbar Holdings I, L.L.C. (the "Applicant") desires to construct and 11 maintain two (2) floating wood piers (8' x 77' and 8' x 44'), two (2) boat lifts (12' x 12'), 12 and two ramps (4' x 26') upon a portion of City property known as Lake Wesley, and to 13 maintain an existing PVC bulkhead and a 4' wire fence in the 5' Drainage Easement 14 (M.B. 26, P. 57) and the 10' Drainage Easement (Instrument Number 15 20131015001228920) located at the rear of 516 Southside Road, in the City of Virginia 16 Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§15.2-2009 26 and 15.2-2107, Code of Virginia, 1950, as amended, Casbar Holdings I, L.L.C., its heirs, 27 assigns and successors in title are authorized to construct and maintain two (2) floating 28 wood piers (8' x 77' and 8' x 44'), two (2) boat lifts (12' x 12'), and two ramps (4' x 26') 29 upon a portion of City property known as Lake Wesley; and to maintain an existing PVC 30 bulkhead and a 4' wire fence in the 5' Drainage Easement (M.B. 26, P. 57) and 10' 31 Drainage Easement (Instrument Number 20131015001228920), as shown on the map 32 marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING 33 BULKHEAD, RAMPS, FLOATING WOOD DOCKS & BOAT LIFTS LOCATED IN LAKE 34 WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS, I, 35 L.L.C.," a copy of which is on file in the Department of Public Works and attached to the 36 Agreement (defined below) as Exhibit A, to which reference is made for a more 37 particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Casbar Holdings I, L.L.C. (the "Agreement"), which is 42 attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 48 time as it has been executed on behalf of Casbar Holdings I, L.L.C. and the City 49 Manager or his authorized designee. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of , 2016. CA-12578 R-1 PREPARED: 2/19/16 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM BLIC "i(.R S, REAL ESTATE DA f'. 'A' EYER, A SSOCIATE CITY ATTORNEY CA13454 R-1 February 19, 2016 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this k�4 day of Fe-bract-0i , 201 C, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CASBAR HOLDINGS I, L.L.C., a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-4" as shown on that certain plat entitled: "PLAT OF LOTS B-1 TO B-4 RUDEE HEIGHTS, PRINCESS ANNE COUNTY, VIRGINIA," Scale 1"=100', prepared by S.W. Armistead, E.E., dated October 1954, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 29, and being further designated, known, and described as 516 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain two (2) floating wood piers (8' x 77' and 8' x 44'), two (2) boat lifts (12' x 12'), and two ramps (4' x 26'); and to maintain an existing PVC bulkhead and 4' wire fence in the 5' Drainage Easement (M.B. 26, P. 57) and the 10' Drainage Easement (Instrument Number 20131015001228920), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-20-7891 (LAKE WESLEY) GPIN: 2426-19-9955 (516 SOUTHSIDE ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING BULKHEAD, RAMPS, FLOATING WOOD DOCKS & BOAT LIFTS LOCATED IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS, I, L.L.C." a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the piers may not be used as a commercial marina, and the use of such piers as a commercial marina shall, in addition to all other remedies provided by law, result in the permission provided by this agreement terminating immediately without notice required. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that in lieu of the establishment and maintenance of a riparian buffer, which would be a minimum of 15 feet in width landward from the shoreline, would run the entire length of the shoreline, 3 and would consist of a mulched planting bed and contain a mixture of shrubs and perennial plants, the Grantee shall make a contribution in the amount of $1,560.00 to the City's Living Shorelines Restoration Program Fund. Said fund is administered by the Environment and Sustainability Office of the Department of Planning and Community Development. Said funds shall be utilized solely for activities on public properties which support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining its inland waterways, including tree planting, tree transplanting, tree protection, or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said CASBAR HOLDINGS I, L.L.C., a Virginia limited liability company, has caused this Agreement to be executed by its Managing Member, W. Cason Barco, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 CASBAR HOLDINGS I, L.L.C., a Virginia limited liability company By: C1^ (SEAL) W. Cason Barco, Managing Member STATE OF v ifj`n`°` (6-1:---1Y/COUNTY OF �i t j i n ta, - h-- , to-wit: The foregoing instrument was acknowledged before me this x1411 day of Ebbw r1 , 20162, by W. Cason Barco, Managing Member of 0.43A8PlAf,Z,,t ' HOLDINGS I, L.L.C., a Virginia limited liability company. ti� ` *'� .V'1147, ::`V 1, o" (SEAL)` Notary Public q �"�, O.,:"•.....•',.tom s% Notary Registration Number: D-, 4 (( ' My Commission Expires: t313i(l9 �dd�f,,,,„t wo APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM / I Ale° jiff!',I1P .4'1 f \ r, ' .._ II • ' -. HARMEYER, ASSOCIATE CITY ATTORNEY 4?AO DATE PUBLIC WORKS/ REAL ESTATE DEPARTMENT/ DIVISION 7 1."". -J °' l' J N rn w -- Q LL O °' G _ CD Qin CND a a 0 O In N wZCto) Q rncn Z JQC'• Z 7. �` Qwzzc° o 1- 2 Q 2 Q = N Z cn \ / EtQco0 U 1- U Z Ce o w 0 o LL/ ,'1 11=1•111 w 11.0 LL L v 1111111) Q) cf. G) a� T O billi a oi j O N. o N Q U 1111 X / i f 1tiliiii;:i -,.. , ' II ! j/'i / /_ o/ / -,.....:''''''.---....,/ Qcr / / / .,, ,,,:,. , z: : , l' I .. -,- / , m f U j / O / ,i. ... ....—......g7 ..;ii:4) g 7b' it / �N �;i a �JjLj(, / % y F,-51�(,Pte,_. V Q i U�) - ��\ / / / 1 a 1 v a LAKE WESLEY 4.$1,,LTH op (M.B. 26 P. 57) p� L1,,p GPIN: 2427-20-7891 04' H a `i 8'x77zo \ \ CITY D°.J EDGE OF 38395 12'x12' FLOA11NG co b MAINTAINED CHANNEL r1� cv� WOOD PIER N 16 BOAT N �— (SCALED) FS.S 1Y NG\ UFT ` /ONAL - 1BOAT FLOATING S 2615'23" W S) ,� N UFT vil WOOD PIER 111.65' NOTES: � ' .P ► (M.B. 196 P. 2) 1. IMPROVEMENTS SHOWN �� 7S S� \ SEAWARD OF AND INCLUDING 7,9'66,6"/,,, °�' o: ` —— THE BULKHEAD ARE PROPOSED. 'O• J `` 1, 2. THIS PLAN WAS COMPILED FROM 2J -:� '.---\-\.-,\\ VARIOUS DEEDS & PLATS OF RECORD. ' ' ` ' . \ NO FIELD WORK WAS PERFORMED. a \ 4x26 � � 4x26 -.. �,�� s • \\ RAMP RAMP �y4;..\ cp. \ I ' NOW OR FORMERLY `: `sem M.B.LOT 6B-3 57 PVC r�: �, CASBAR HOLDINGS, I, LLC. ; RIP M.B. 200 P. 114 BULKHEAD I.N. 20131023001258860 :\ RAP 4' `'' LOT B-4 \ = GPIN: 2426-19-8779 WIRE ( M.B. 26 P. 57, M.B. 37 P. 29 4' FENCE ' \ \ D.B. 2246 P. 852-855 \ METAL .. \ GPIN: 2426-19-9955 \\ "FENCE `,n \ r. 10' DRAINAGE \ r3,& •c- EASEMENT \ •4. w \ \ I.N. 20131015001228920 \ 4. 5' DRAINAGE (PLAT) '� EASEMENT \r t'',., (PLAT) EX. 1 STORY o \ 19 (M.B. 26, P. 57) \�_ BRICK & FRAME \ A 5' DRAINAGE \ RESIDENCE DRIVEWAY EASEMENT LOT 5B \ \ #516 \ ' (M.B. 26, P. 57) M.B. 26 P. 57 \ M.B. 192 P. 51 \ \\\ \ \ \ 2427-10-9095 \ \ \A 201.41'(D.B. 2246 P. 852-855) 215.00'(M.B. 26 P. 57) \\ N 35'24'00" E PIN(F) 254.82' TO CENTERLINE PAVEMENT OF GRACE ST. SOUTHSIDE ROAD (50' R/W) EXHIBIT A ENCROACHMENT PLAT SHOWING BULKHEAD, RAMPS, FLOATING WOOD DOCKS & BOAT LIFTS LOCATED IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS, I, L.L.C. SCALE: 1" = 40' VIRGINIA BEACH, VIRGINIA NOVEMBER 25, 2014 REVISED DECEMBER 3, 2015 GALLUP REVISED DECEMBER 8, 2015 SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD G:\12-109-2 encr exhibit.dwg VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 \\server\drawings\12\12-109-2 encr exhibit.dwg,12/8/2015 1:03:02 PM,1:40,IC a gga fk w 6 G eaa i NtA Virginia Beach APPLICANT'S NAME tAt t cC fJ RA e,:= Cs1642 N3Lt,,tJ I Li 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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. e- s SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All di>closures must be updated two t2 v eeks prior to arty Page 1 of Fla _rC_orr m ss Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, 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: C/i5efq2 1-614)6 ..,j- 2-467— If G6°If an LLC, list all member's names: w AL7c2 G,95}cf (34(24: 104 /Ac-,,,c- eA (,JtG1-- 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 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 c a Otyof Virginia Beach 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) 1 "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. • t SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application 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 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return I ifiT Architect/ Landscape Architect/ l-J Land Planner Contract Purchaser (if other than nthe Applicant) - identify purchaser and purchaser's service providers ryAny other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) [n Construction Contractors F 404,6 (A CO,J IWL-%(,'Cr 4 �"�,�/ C g/14 n Engineers / Surveyors/ Agents GALLUP C F'&) WCW/1416— 1416— 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 / n Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 2/7aninterest 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 City j Virginia Beach 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. C A (1 11+t p,r-&- T L i e- �. rm. VI/+4--7Cr SZ,1,-1 i3A(,-'c4.=) )-/I APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of5 [ /0, z,, ,...,02 '0 A` Sx_ I/� c�� i' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of the City-owned Lake Located at the Rear of 5561 Westward Drive MEETING DATE: March 1, 2016 • Background: The Laws Revocable Living Trust (the "Applicant") has requested permission to construct and maintain 108 linear feet of rip rap into a portion of a City-owned lake located at the rear of 5561 Westward Drive (GPIN: 1466-01-6810) (the "Encroachment"). • Considerations: City Staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Encroachment Agreement attached to the Ordinance (the "Agreement"). In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments on City property, the requested Encroachment has been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the full 15-foot-wide vegetated riparian buffer area cannot be established on the property. Consequently, the Applicant shall make a payment in the amount of Six Hundred Thirty and 00/100 Dollars ($630.00), payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office, as compensation in lieu of the riparian buffer area that cannot be established. This payment will be used to restore buffer areas on other City-owned property. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat (Exhibit A), Pictures, Location Map, Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Depa• -• -AAn ' •ency: Public Works/Real Estate (lcp p City Manager: \;, f 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY-OWNED 6 LAKE LOCATED AT THE REAR OF 7 5561 WESTWARD DRIVE 8 9 WHEREAS, The Laws Revocable Living Trust (the "Applicant") desires to 10 construct and maintain of 108 linear feet of rip rap into a portion of a City-owned lake 11 located at the rear of 5561 Westward Drive (GPIN: 1466-01-6810); and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's property subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§15.2-2009 21 and 15.2-2107, Code of Virginia, 1950, as amended, The Laws Revocable Living 22 Trust, its assigns and successors in title is authorized to construct and maintain 108 23 linear feet of rip rap into a portion of a City-owned lake as shown on the plat marked 24 Exhibit "A" and entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR 25 CHARLOTTE LAWS" dated May 18, 2015, prepared by Professional Consultant 26 Consultants, LLC, a copy of which is attached hereto as Exhibit "A", and is on file in 27 the Department of Public Works, to which reference is made for a more particular 28 description; and 29 30 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between 32 the City of Virginia Beach and The Laws Revocable Living Trust (the "Agreement"), 33 which is attached hereto and incorporated herein by reference; and 34 35 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 36 hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 39 time as The Laws Revocable Living Trust and the City Manager or his authorized 40 designee execute the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 43 of , 2016. CA 13439 R-1 PREPARED: 2/19/16 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 111/9 LIC 'ORKS, REAL ESTATE ' ANA ". A RMEYER, ASSOCIATE CITY ATTORNEY AgPREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this t S' day of C��Vu , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "Grantor" and "City", and THE LAWS REVOCABLE LIVING TRUST, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 101, Section One Homestead, Kempsville Borough"; as shown on that certain plat entitled: "SECTION ONE HOMESTEAD KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", dated December 19, 1963, prepared by Baldwin and Gregg Civil Engineers & Surveyors, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 60, at page 25, and being further designated, known, and described as 5561 Westward Drive, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to construct and maintain 108 linear feet of rip rap (the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned lake located at the rear of 5561 Westward Drive, Virginia Beach, Virginia 23464 (the "Encroachment Area"); and GPIN: 1466-11-0635 (City Property) GPIN: 1466-01-6810 (5561 Westward Drive) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR CHARLOTTE LAWS", dated May 18, 2015, prepared by Professional Consultant Consultants, LLC," a copy of which is attached hereto as Exhibit "A", to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee must execute and maintain and have on file with the Department of Planning a License Agency Agreement with Howard E. Brooks and Mary B. Brooks, property owners of 5557 Westward Drive, prior to commencing any construction within the Encroachment Area (the "License Agency Agreement"). A copy of the License Agency Agreement is attached hereto as Exhibit "B". It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the • maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall make a Six Hundred Thirty and 00/100 Dollars ($630.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15- foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said 3 payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, The Laws Revocable Living Trust, the said Grantee, has caused this Agreement to be executed on its behalf. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Registration Number: My Commission Expires: 6 THE LAWS REVOCABLE LIVING TRUST BY: CJ,. iI , & Charlotte A. Laws, Trustee STATE OF 117-,a7-,W4- CITY/COUNTY ,G.-1CITY/COUNTY OF exii24t1 .4 agENai, to-wit: The foregoing instrument was acknowledged before me this / day of --giUr �/ , 2016, by Charlotte A. Laws, Trustee of The Laws Revocable Living Trust. ,J f// i4r(L 4 , - - A L) N. ary Publi 42- /� My Registration Number: q\-.46,� MARTIN DA"" RRY JR. My Commission Expires: Aht/ 30/ W/$ Notary Public Commonwealth of Virginia 7364066 My Commission Expires Nov.30,2018 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ØLs';, ` ' r, PUBLIC •RKS / R AL ESTATE • - - 7 r OHW AT FACE/CAP OF "'=! a EXISTSJG BULKHEAD 1 �. Ida.OD Pc.u N/F CITY OF VIRGINIA BEACH GPIN: 1486-11-0635 EN. BULKHEAD TO BE REMOVED .i .i' .. PROPOSED RIP RAP LAKE R TM s.e' INTO PROPOSED 108 LF. RIPRAP -. CVB PROPER .? .,.�`1P��-*~• TURF OHW- -_*_�-..--'IA_• 00 0 PROPOSED RIP RAPri ENCROACHES 37.5' INTO CVB PROPERTY n TURF n TURF TURF 0 N 89.36.00- W 0 } 98.00' SPIN (F) 0 LOT 100 m V'1 N/F CHARLOTTE LAWS Pp O GPIN: 1466-01-3727 i r at 4 LOT 102 1 STORY BRICK N/F HOWARD BROOKS 5557 WESTWARD DRIVE /5561 GPIN: 1466-01-7729 w ►dot 0 8 �F,PLT H OF p� t/ Lor 101 (1 _ ` (ZRZ `•GONG., , 5561 WESTWARD DRWE dRIVE (LLB. 60. PG. 25) GPIN: 1466-01-6810 U RICHIRD T IMRILETT D Lk. No. 18335 o 'd MAY 18, 2015 ,ck- P/N F N 89'36'00' W 98.00' c3 ( ) 0 WESTWARD DRIVE �sS/ONAL ENG\ ao' IMOL adI' = 30' EXHIBIT "A" — ENCROACHMENT REQUEST FOR ZONING: R-10 CHARLOTTE LAWS DOWElase KIK=mama)sr. ` PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. ` MOW(757) 753- 111. DIM. sCs°o-ucc°" MAY 18, 2015 SHEET 1 OF 1 I I EXHIBIT"B" LICENSE AGENCY AGREEMENT • WHEREAS, The Laws Revocable Living Trust(collectively hereinafter, the"Laws RLT"), must execute and maintain and have on file with the City of Virginia Beach a License Agency Agreement with Howard E. Brooks and Mary B.Brooks, property owner of 5557 Westward Drive(GPIN: 1466-01-7729),prior to commencing any construction within the Encroachment Area, • WHEREAS,The Laws Revocable Living Trust, has requested permission to construct and maintain a proposed 108' linear feet of Class I rip-rap revetment(the"Temporary Encroachment"),within the City's property known as GPIN: 1466-11-0635(the "Encroachment Agreement"). • NOW,THEREFORE, 1. We,Howard E. Brooks and Mary B.Brooks,the undersigned and property owners of 5557 Westward Drive hereby authorize the Laws Revocable Living Trust to make application to the City of Virginia Beach for the purpose of an encroachment for the above referenced property. 2. I further offer no objection to the Owner executing the Encroachment Agreement if the City of Virginia Beach grants approval for such Encroachment Agreement. 3. The building and maintenance of the proposed replacement bulkhead and removal deteriorated bulkhead and pier under any Encroachment Agreement issued by the City of Virginia Beach are to be made at the sole expense of The Laws Revocable Living Trust. 4. The Laws Revocable Living Trust shall be responsible for any liability on account of the Temporary Encroachments for the replacement bulkhead and removal deteriorated bulkhead and pier. The Laws Revocable Living Trust / By ..� ° T-LAste x Date ( Charlotte A. Laws, Trustee By k).. L 1(6 iAeve Date S Name &Title ,` By &adj.& Date i (1.1105— Howard E. Brooks By Die/call c( Date Mary B. Brooks . .-,\ _, 1\ _,Ilk 5 l qo N , ® - 1, 1466-01-6810 - fZ - WESARD DR 40\ I 4111111,/>'-------(NNN 11° S 1 LOCATION MAP -- ENCROACHMENT REQUEST --` `�`� 1--A-----, 1 FOR OWNER THE LAWS REVOCABLE LIVING TRUST l 5561 WESTWARD DRIVE Legend ` i1 — GPIN 1466-01-6810 �'- Water ` 4 Feet City Properties 011111:=1111111M1.50 100 200 spare..y•.• •- •q. ... ewes:Ufedu .. 1 . •ro�t(s'F Iles estwa.• 1 .. 1.•1 m.d 'I `� 1 ..a, a t k "..1 x4 ,: ,'7 �"(,ter �� . ids.- _•s#t` •i.. _ _..,..• L:f ywY$'�, t 4 ..z.,.� y t PYA od022020110 liO:q0 RI I I I Cin/cf Virginia Beach APPLICANT'S NAME LAWS REVOCABLE LIVING TRUST 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 0 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. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY I_ISE +-}NI Y / 'HI nit,, I 1rlFrl t _ ,.FSI s Page 1 of 5 in r, . 11 t Er.- n, Aprl I("AN-F NO-I!FIEF)OF HI ARINI. 0 NO(HAN( F S AS 01 0 RE\FS.1C7NS `;(1E:1\11 F it I) =.T Wyrf Virginia Beach [21 Check here if the APPLICANT IS NOT a corporation, partnership, firm, 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: LAWS REVOCABLE LIVING TRUST 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) N/A (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' 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:LAWS REVOCABLE LIVING TRUST If an LLC, list the member's names: Page 2 of 5 1113Virfginia Beach LAWS REVOCABLE LIVING TRUST If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 1 "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. 4 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application 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 I NI3Cit Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ LR Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than ❑ Q 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) X❑ ❑ Construction Contractors FLINT CONSTRUCTION CO. ❑X ❑ Engineers / Surveyors/Agents PROFESSIONAL CONSTRUCTION Financing (include current CONSULTANTS, LLC ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ El Legal Services Real Estate Brokers / ❑ 0 Agents/Realtors 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 ❑ ❑X 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 I I I NISCayof Virginia Beach 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. ca., ZSu: APPLICANT'S SIGNATURE PRINT NAME --k, --ee_, DATE PROPERTY OWNER'S SIGNATURE PRINT NAME CiruSjCe c� DATE Page 5 of 5 • \ u ae'��y CITY OF VIRGINIA BEACH AGENDA ITEM ,j ITEM: An Ordinance to Accept and Appropriate State Revenue to Capital Project 3- 133, Fire Training Center Improvement Phase III MEETING DATE: March 1, 2016 • Background: The Virginia Beach Fire Department receives funding from the Virginia Department of Fire Programs annually as part of the Aid to Localities Program. This funding is utilized to supplement City funding when Fire Department needs exceed the City's ability to provide support. In addition, funding is set aside in the Fire Training Center CIP in order to renovate and renew that facility. The Department has received more revenue than was budgeted, and the excess revenue needs to be appropriated. • Considerations: The Fire Department would like to appropriate the actual revenue over budget and transfer the revenue to the Fire Training Center CIP. • Alternatives: The Fire Department could utilize this funding for operational needs instead of transferring to the Fire Training CIP. However, the Department feels the need at this time is greater in the CIP. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Departme a gency: Fire Department /#1.,\ City Manage • �A. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 REVENUE TO CAPITAL PROJECT 3-133, FIRE TRAINING 3 CENTER IMPROVEMENT PHASE III 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $485,619 is hereby accepted from the Virginia Department of Fire Programs 9 and appropriated, with estimated state revenue increased accordingly, to Capital Project 10 # 3-133 Fire Training Center Improvements— Phase III. 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: ,i\A 3 u) Management Services CitYAtt eye' ffi e CA13572 R-1 February 17, 2016 r rnuga� I CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate $250,000 from the Virginia Aquarium Foundation to CIP 3-519, Chesapeake Bay Aquarium Renovations MEETING DATE: March 1, 2016 • Background: CIP 3-519 "Chesapeake Bay Aquarium" originally appeared in the FY 2012-13 CIP. To date, a total of $1.5 million has been appropriated to the project with $1.25 million coming from the City of Virginia Beach and the remaining $250,000 from the Aquarium Foundation. The purpose of the project is to refurbish, repair, and/or replace the aquarium systems that make up the Chesapeake Bay Aquarium. The original 40,000 gallon aquarium, built in 1985, has now surpassed its useful life. As the first signature habitat at the Virginia Aquarium, the Chesapeake Bay Aquarium is an integral part of the Aquarium experience and instrumental to our education through conservation message. • Considerations: The Aquarium Foundation would like to increase its contribution to the project by $250,000 for a total Foundation contribution of $500,000. This would bring the total project cost to $1.75 million. This extra private funding will further enhance the planned exhibits and improve the overall guest experience. • Public Information: Information provided by the regular City Council agenda process. • Recommendations: Approve the attached ordinance to appropriate additional funds from the Virginia Aquarium Foundation. • Attachments: Ordinance. Recommended Action: Approval Submitting Departmen ' gency: Museums and Cultural Arts S City Manager: ,11,;„:‘ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $250,000 FROM THE VIRGINIA AQUARIUM FOUNDATION 3 TO CIP 3-519, CHESAPEAKE BAY AQUARIUM 4 RENOVATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $250,000 is hereby accepted and appropriated, with donation revenue 10 increased accordingly, to CIP 3-519 "Chesapeake Bay Aquarium Renovations" to 11 further enhance the planned exhibits and improve the overall guest experience. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 14 , 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: c~ ;74 Management Services Cit rn)yffice CA13573 R-1 February 17, 2016 i I 1 c 49:8f.:7„, . <tiIt Fa i614,7 s7 www CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Hazardous Materials Team MEETING DATE: March 1, 2016 • Background: The Virginia Department of Emergency Management (VDEM) administers the United States Department of Homeland Security's National Preparedness Directorate, FY 2015 State Homeland Security Program (CFDA 97.067). VDEM has awarded the City a grant of $102,000 for the Fire Department's Hazardous Materials Team. The City's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team along with the cities of Portsmouth, Norfolk, and Chesapeake. • Considerations: The funding will allow the Hazardous Materials Team to maintain its operational readiness for the response to and identification of unknown substances. The funds provided will be used to purchase equipment to improve the Hazardous Materials Team's ability to identify unknown substances. There is no local match required for this program. The end of the program period is March 31, 2017, for obligation purposes, and April 30, 2017, to complete expenditures and finalize the close out reporting process. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Approve attached Ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manage ��:'� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR THE HAZARDOUS MATERIALS 3 TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $102,000 from the United States Department of Homeland Security is 9 hereby accepted and appropriated, with federal revenues increased accordingly, to FY 10 2015-16 Operating Budget of the Fire Department for the purpose of purchasing 11 equipment to improve the Hazardous Materials Team's ability to identify unknown 12 substances. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 15 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: ay, Management Services City\Atto s ffi CA13571 R-1 February 17, 2016 I. PLANNING 1. Applications for Street Closure of an unimproved alley in Croatan Beach DISTRICT 6—BEACH: a. CHARLES R. and BONNIE K. DOMAN at the rear of 508 Vanderbilt Avenue b. AMY R. SLAGLE at the rear of 829 South Atlantic Avenue RECOMMENDATION: APPROVAL 2. STEPHEN and ADEN MURRAY for a Conditional Use Permit re residential kennel at 5227 Lake Shores Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. HEADGEAR II, LLC and GHS II,LLC for a Conditional Use Permit re bulk storage at 3409 Chandler Creek Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) for a Conditional Use Permit re assembly use at 5865 Pickering Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. ROBERT J. IANUCCI for a Conditional Use Permit re a home occupation - firearm sales at 1305 Willowood Lane DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL 6. STEVE'S MOBILE TRUCK REPAIR/NEWTOWN THURSTON LLC for a Conditional Use Permit re automobile repair at 5900 Thurston Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. McDONALD GARDEN MARKET, LLC/BRANCH BANKING AND TRUST COMPANY for a Conditional Use Permit re an open air market at 3112 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4tA� ,7,`;'..: ::,4 NOTICE 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, March 1, 2016 at 6:00 p.m., at which time the following applications will be heard: • DISTRICT 4-BAYSIDE STEPHEN & ADEN MURRAY Conditional Use Permit(Residential Kennel) 5227 Lake Shores Road (GPIN 1469579325) DISTRICT 3-ROSE HALL HEADGEAR II, LLC & GHS II, LLC Conditional Use Permit (Bulk Storage Yard) 3409 Chandler Creek Road (GPINs 1495047961, 1495151289) DISTRICT 6-BEACH CHARLES R.&BONNIE K. DOMAN Street Closure of a 7.5' x 50' portion of unimproved 15' alley in Croatan Beach (adjacent GPINs 2426394605,2426395617) DISTRICT 6-BEACH AMY R.SLAGLE Street Closure of a 7.5'x 50'portion of an unimproved 15' alley in Croatan Beach (adjacent GPINs 2426379901, 2426377899) DISTRICT 2-KEMPSVILLE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Conditional Use Permit (Assembly Use) 5865 Pickering Street (GPIN 1468107265) DISTRICT 5-LYNNHAVEN ROBERT J.IANUCCI Conditional Use Permit (Home Occupation-Firearm Sales)1305 Willowood Lane(GPIN 2408177212) DISTRICT 4-BAYSIDE STEVE'S MOBILE TRUCK REPAIR/ NEWTOWN THURSTON LLC Conditional Use Permit(Automobile Repair Garage) 5900 Thurston Avenue; Suite A (GPIN 1459931541) DISTRICT 5-LYNNHAVEN MCDONALD GARDEN MARKET,LLC / BRANCH BANKING AND TRUST COMPANY Conditional Use Permit (Open Air Market) 3112 Virginia Beach Boulevard (G 1497153700) All interested partie re invited to attend. Ruth Ho aser,MMC City Cle Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbaov.com/oc For information call 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: FEBRUARY 14 & 21, 2016 0 . . . . .. .- ,, , ... . .. '' ''- ' "• '' :''' ' I .,,,,,.„„,,,,:„.,,,,,,-,4-i ••,„ ,..,,,,,,,,-,:, - , C4 •.„-„,„,,,,,„.„.•••••.-•• .•:„ t ... „„,„„ , ,„;,,,,, • , -,,„,„,,,,,„„„, ,„ ,--.. ,, , ,.. • .. , , , ,,,-,-•./.•,„--,,f,zi•'-':,;•::::4•.„:"•••::::•-ii•i-,A'",-',,,;.„--'•;••-• i 0 - i Ce = Cti ces . '1110111IrIIIIIII.IIIIIIIIIIIIII , N.N., . © ..., 'S.,'••• -4.• et u . , © *4 . , . . $ . , . , 1\ . \ ' , — \ -- — -. . ----- ....., . ..„:„......„,„ , . „. .. . ,.. . .. „ .,.. _..................................... ;c Nt, t! C•tt^'1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Charles R. and Bonnie K. Doman for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 508 Vanderbilt Avenue in Croatan MEETING DATE: March 1, 2016 • Background: Charles R. and Bonnie K. Doman (collectively, the "Applicant") requested the closure of approximately 375 Sq. Ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of their property at 508 Vanderbilt Avenue, for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated by such closures are directed to a Croatan Beach Access account and the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. Other street closure requests similar to this request have been granted to property owners within the same block, including the other half of the portion of the alley requested to be closed by the Applicant. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement and the dedication of a public utility easement over the Charles R. & Bonnie K. Doman Page 2 of 2 closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, the Department of Public Utilities, and the City Attorney's office. The drainage easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. ■ Attachments Ordinance Staff Report and Disclosure Statement Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. (4/et/Lt. f Submitting Departmen • • -ncy: Planning Department -,bfi7.f '_.' City Manager: SM1 z , i I 1 ORDINANCE APPROVING APPLICATION 2 OF CHARLES R. AND BONNIE K. DOMAN 3 FOR THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY AT THE 5 REAR OF 508 VANDERBILT AVENUE IN 6 CROATAN 7 8 WHEREAS, Charles R. and Bonnie K. Doman (collectively, the "Applicant") 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed 22 and vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (375 SQ. FT. OR 0.009 ACRES)", shown as the hatched 29 area on that certain exhibit plat entitled: "STREET 30 CLOSURE EXHIBIT OF THE WESTERN 7.5 FEET OF 15' 31 ALLEY (A PUBLIC RNV) LOT-10; BLOCK-22 CROATAN 32 BEACH (M.B. 234, PG 37) VIRGINIA BEACH, VIRGINIA", 33 Scale: 1"=20', dated October 22, 2015, prepared by wpl, a 34 copy of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. 45 46 No GPIN (Public Right-of-Way) 47 (Adjacent GPIN: 2426-39-4605) 48 2. The Applicant shall resubdivide the property and vacate internal lot lines to 49 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 50 submitted and approved for recordation prior to final street closure approval. Said plat 51 must include the dedication of a public drainage easement and the dedication of a 52 public utility easement over the closed portion of the alley to the City of Virginia Beach, 53 subject to the approval of the Department of Public Works and the Department of Public 54 Utilities, respectively, and the City Attorney's office, which easement shall include a right 55 of reasonable ingress and egress. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of- 58 way proposed for closure. If private utilities do exist, easements satisfactory to the utility 59 company must be provided. 60 61 4. Closure of the right-of-way shall be contingent upon compliance with the 62 above stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved within one year of 64 the City Council approval, said approval shall be considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before February 28, 2017, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before February 28, 2017, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "CHARLES R. DOMAN" and "BONNIE K. DOMAN" 84 as "Grantee". 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / tV 44.11 - ''in:Depa -nt "P" City Attorney CA13465 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D017\P021\00266950.doc R-1 February 18, 2016 EXHIBIT A Proposed Site Layout Hie-R,p�N ?4 sou,ii,E LOT-22A LOT 21 L01-23 ,i>r..� 'i j,, (+ , 20090521000564420) i (M.B 24, PG 37) i 1,B 24, PG 37) GPI's: 2426-39 5617 GPIN: 2426-39-5633 GP+N: 2426-39-5732 -CONC 0.60' OJT CONC 1.64' OUT- • CONC 6C"VINYL FENCE i S 04.14'15" E 50' !:i 15' ALLEY �`1 ' "I .' :4X X h (M.B. 24, PG 37) Q` ^, •.�.5 44'14'15` EY 50' 72'14NYL FENCE SHRUBS Lx 4" (5)SHRUBS AREA OF PROPOSED 1 °AUJ BLOCK STREET CLOSURE L72"w000 FENCE 22 (375 S0. FT. OR 0.009 ACRES) LOT-11 LOT-9 (VB. 24, PG. 37) h LOT-10 In (N B. 24, PG. 37) GPI . 2426-39-3790 ^o WIN.. 2426-3.9-4605 O GFIN 2426-39-4620 AL'rN Op w J . 3 Op, h o $ NOTES: �� G� 1, THIS EXHIBIT I5 INTENDED ,ht• TO SHOW THE AREA OF is RIC . ARNER a h PROPOSED RIGHT-OF-WAY Lie. . 2904 to CLOSURE AND INDEPENDENT 10/3072015 2 , OF THE ASSOCIATED C '� in DOCUMENT(S) IS 9�d SURV ' OTHEINTENDED THAN GENERAL REFERENCE. 2 A TITLE REPORT HAS N01 100' TO P.I. OF BEEN PROVIDED FOR THIS PROPERTY. ---i - TWILIGHT LANE (FORMERLY DIANE AVE) N 04'14'15- W 50' '0 (50' R/W) rJ VANDERBIL T(FORMERLY PACIFIC AVENUE) AVE (Me. 24, PG. 37) STREET CLOSURE EXHIBIT ---_-__L„--:_-_—_, — THE WESTERNF7.5 FEET OF L-, 15 AlT.FY LOT-10;(A BLOCK-22PUBLICR/W) --_-.--- CROATAN BEACH 6'atotetiw. (M.H. 24, PG, 37) Ime VIRGINIA BEACH, VIRGINIA lIS u vrims�*1B SHEET ] 20 1 non at SCALE: 1"=20' OCTOBER 22, 2015 CAD/cbt: 1UW/eeg CITY OF VIRGINIA BEACH, VA I F.B.1035 PG.23 (PLAT:C-84 [TN:215-0292 Charles R. and Bonnie K. Doman Agenda Item 11 Page 4 i VBApplicant and Property Owner Charles R. and Bonnie K. Doman Public Hearing January 13, 2016 Agenda Item 11 Virginia Beach Request Street Closure Staff Planner 1�.1GKr LN _ N Kristine Gay T 7 .. -11 \-- Location i 508 Vanderbilt Avenuel'i Z. GIN 24P263946050000 4 _�-- Election District V—, 7:' Beach 1 Site Size .. _ �... [n 375 square feet W AICUZ ""i Z _. -,�--- 65-70 dB DNL R110 1, . 11I tI .. I Existing Land Use _,,. - - Single-family dwelling 1,___.---. �"` ��1 \ -7"4 - , � li Surrounding Land Uses and Zoning Districts North —` Single-family dwellings/ R-10 Residential �. �. '" `e. � South (1* " ,- , a.I' l^..- r te Single-family dwellings/ R-10 Residential East Single-family dwellings/ R-10 Residential t West �-.1' Single-family dwellings/ R-10 Residential y *-- *u u. ..` a I. 4 M fitiiii Charles R. and Bonnie K. Doman Agenda Item 11 Page 1 Background and Summary of Proposal The property owner would like to close a portion of the platted, unnamed, and unimproved alley that is adjacent to their rear lot line. As shown on the submitted street closure exhibit, they are requesting to close half of the 15-foot-wide alley,this area is 7.5' x 50' in dimension. The site is developed consistently with other Croatan lots and has a front loading single family home with a small landscaped backyard. Currently,the area proposed to be closed is fenced in and landscaped. Many similar requests have been reviewed and approved by City Council for alleys within the vicinity. TW�L�GHT LN v r 11► Zoning History # Request 0 1 STC Approved 1/27/2009 2 STC Approved 6/24/2008 m 3 STC Approved 7/11/2000 W Z 4 2 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 Evaluation and Recommendation The Viewers have determined that the proposed closure will not result in a public inconvenience; therefor, they recommend closure of the right-of-way.The Department of Public Works has indicated a need for a drainage easement over the 375 square foot area; this is recommended in the conditions below. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoin property owners in the Croatan community,All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The proposed street closure is recommended for approval with the following conditions. Charles R. and Bonnie K. Doman Agenda Item 11 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement and the dedication of a public utility easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works and the Department of Public Utilities, respectively, and the City Attorney's office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void 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. Charles R. and Bonnie K. Doman Agenda Item 11 Page 3 Proposed Site Layout 'feFR/p�N — `woe �¢..''0L/RC,c- LOT-22A ' LOT 21 LOT-23 Z-CJ?) (IN. 20090521000564420) 1 (NO. 24, PG. 37) (4I.5. 24, PG. 37) CPA: 2426-39 5617 GPIN: 2426-39-5633 GPIN: 2426-39-5732 -CONE 0.60' OS CONC 1.64' OUT-- I CONE t 60"VINYL FENCE $ S 04'14'15" E 50' 15' ALLEY �'. �7•..., • ,X h 4, Ne. 24, PG. 37) �` t�,_ ;f SQA'15" E 50' � � 72'VINYL FENCE SHRUBS X 4" (5)SHRUBS BLOCK AREA OF PROPOSED n STREET CLOSURE 721WOOD FENCE 2 (375 SO. FT. OR 0.009 ACRES) LOT-11 LOT-9 (W.B. 24, PG. 37) in LOT-10 u) (M.B. 24, PG. 37) GPIN: 2426-39-3790 O GPIN.' 2426-39-4605 O GPIN: 2426-39-4620 #NLTH op,. kJ $ $ 3 v:lt ` NOTES: ` ^ ^ 1, THIS EXHIBIT IS INTENDED RIC ARNERP in TO SHOW THE AREA OF h try PROPOSED RIGHT-OF-WAY Lie. . 2904 co 00 CLOSURE AND INDEPENDENT 10/30/201544. � (r) OF THE ASSOCIATED RECORD DOCUMENT(S) IS Ir�� 0 NOT INTENDED FOR ANY $URy OTHER THAN GENERAL REFERENCE. 2, A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS 100' TO P.I. OF PROPERTY. ---N-- TWILIGHT LANE -- (FORMERL Y DANE AVE) O 0 N 04'14'15" W 50' i erJ VAN©ERBIL T(FORMERL(Y 60PAC))AVENUE) AVE Ns. 24, PG. 37) _- - - STREET CLOSURE EXHIBIT _ OF _ = THE WESTERN 7.5 FEET OF 15' ALLEY (A PUBLIC R/W) = LOT-10; BLOCK-22 CROATAN BEACH "yiteaurc - (M.H. 24, PG. 37) *fell/ VIRGINIA BEACH, VIRGINIA 24 I $war vi t SCALE: 1":-.20'041 SHEET 1 OF 1 OCTOBER 22, 2015 CAA/cbk: WJW/eag CITY OF VIRGINIA BEACH, VA IF.B.1035 PG.23 1FIAT:C-84 IJN:215-0292 Charles R. and Bonnie K. Doman Agenda Item 11 Page 4 Legal Description LEGAL DESCRIPTION All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, shown and designated as "AREA OF PROPOSED STREET CLOSURE (375 SQ. FT. OR 0.009 ACRES)" as shown on that certain plat entitled: "STREET CLOSURE EXHIBIT OF THE WESTERN 7.5 FEET OF 15' ALLEY (A PUBLIC R/W) LOT-10; BLOCK-22 CROATAN BEACH (M.B. 24, PG. 37) VIRGINIA BEACH,VIRGINIA", dated October 22, 2015, prepared by WPL. GPIN: 2426-39-4605 Charles R. and Bonnie K. Doman Agenda Item 11 Page 5 Disclosure Statement ..WHIM..,.a..s 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 Dispositlori of Cityi Modification of i by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use z Compliance, Special investment Program Exce.tion for (EDIP) Changes Board of Zoning Encroachment Request i Rezoning A. . als Certificate of Floodplain Variance Appropriateness —.—. __ Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivisfan Variance Board I Conditional Use Permit i license Agreement 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 1 / APPLICANT DISCLOSURE la Check here if the APPLICANT 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the ,APPLICANT J5 a corporation, partnership, firm, business, or Cl`h CIT" i.l sl ' J ..-:r . a al. tae-I n,.__.,. Page 1 of 4 1 41 ",„1'..0 -r,'" }i _ striL _ 1e, . 4s.I it 1_t l It t 1>0 r. N.4 .RI 4°.1, 1 0 4.r1ILAN' r, 1 EL CFH RM', ,1E r i ./____ //_ Milt ah I 4 hw �z r, E '-�C...-� �(.�..,` I U RP., SIO')4' '.!I Ml .yl I) At. Charles R. and Bonnie K. Doman Agenda Item 11 Page 6 Disclosure Statement other unincorporated organization. LAND THFN, complete the following, (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. btluar: (Attach 1st if necessary) Charles H. Dornan and Bonnie K. Doman, husband and wife (8) list the businesses that have a parent-subsidiary l or affiliated business entity 2 relationship with the Applicant 'Attach 'list if necessary) See next page for information pertaining to footnotes and 2 1 SECTION 2 / PROPERTY OWNER DISCLOSURE lniupJ.tp section 2,~rrly.lf property owner lS dfffprcnt from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, ii business, or other unincorporated organization. U 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: (Attack Int if necessary.) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -- 1he 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. Charles R. and Bonnie K. Doman Agenda Item 11 Page 7 Disclosure Statement "Pa-ant Jhsidrarr rela'ion51ifr. means 'a rel tinrsr'iP that exists when one rC•rlr'atiol7 directly or indirectly awns shares prrswss'ng more than SC percent of the voting Rower of another rear ation.- See State and Lora Ct:'ernrnrn'(cirri tt of In?e'ests Act, Va Cdr § t 2-3;01. `Affiliated businr3t entity relatiorshio' means "a rca'ionshi , other 'than parent 54tAsdiar}• 'elationship, that exists when 'i}one br.5iness en1 ty has a controlling (warp''chip -nrrrrm' in *Ai 4ihte nosiness e'itlty, trii a condoling Lrnner rn ?ne entity os a's�,.a cuntroling owner=n the other entity, or (iii) there it, snared Management or io°i'.ral betwrcn the buiteesS entities. fart:LI that 3huuld be Considered in determining the ex.stenre of an affiliated business relationship include that the same person or substantially the sa x Terson own or manage the two ernes; there are common or comm ngied funds or assets, the t Jsine%t notifies share the use of the came offices Or ernployres or aihcrwi5e share art-:hies. resOur(r s isr personnel ^ar ,i reggutar [Iasis, ur there is otherwise a close work:og relationship between the entities.' See slate and acral (Craerartretlt Conflict of Interests Act, Va Code§ 2.2 3101. i SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of_the application or any business op'erstIing or to be operated on_the Property. If the answer to any item is YES, please identify the firm nr Individual providing the service: I YES] I NQ I SERVICE PROVIDER fuse adisitionat sta�,ets if needed) J Accounting and/or prepares'of I your tax return ElArchitect / Landscape Architect/ Land Planner Contract Purchaser (if other than 111 the Applicant)- identify purchaser and purchaser's service providers.,.._.a... Any other pending or proposed ripurchaser of the subject property (identify purchsserts) and purchaser's service providers) Construction Contractors rEngineers/Surveyors WPL 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. Charles R. and Bonnie K. Doman Agenda Item 11 Page 8 Disclosure Statement Financing (include current PNC Mortgage r�`� mortgage holders and lenders ak { J sektted or being considered to provide financing for acquisition or construction of the property) w} Legal Services Sykes,B oar'1,Ahern&Levy P G. Real Estate Brokers j Agents for ElLA Current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO [goes an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development WI I 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 5tatement form is complete, true,and accurate. t 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 9 of any public body 9t.c.pmmittee in connection with this Application, Charles R. DomaeiI f z , APFUCAI1T'S SIGNATURE PRINT NAME DATE ` (! t ,r`.._ ) BonnieK. Doman ,f /PR0PER'r"r OWAtEA'S SJGP4krURE PRINT NOME 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 taw Charles R. and Bonnie K. Doman Agenda Item 11 Page 9 Item#11 Charles R. & Bonnie K. Doman Discontinuance, closure and abandonment of a 7.5' by 50' portion of Unimproved 15' alley in Croatan Beach District 6 January 13, 2016 CONSENT An application of Charles R. & Bonnie K. Doman for an discontinuance, closure and abandonment of a 7.5' x 50' portion of unimproved 15' alley in Croatan Beach, District 6, Beach. GPIN: 2426-39-4605- 0000; 2426-39-5617-0000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement and the dedication of a public utility easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the Department of Public Utilities, respectively,and the City Attorney's office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval,said approval shall be considered null and void. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE . Item#11 Charles R. & Bonnie K. Doman Page 2 RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 11 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 0 tt \____,__________________________ pal an Avenue 0 gr\ k w O \ 14.- ev E-1 O U ' 0 as X 0 a) CL -Q c1 ,------3 "74 a • poiensue Van der/IIl L. [ 4"M 1 tt':tr7 i 1'{. ff r. (:1 L',.': CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Amy R. Slagle for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 829 S. Atlantic Avenue in Croatan MEETING DATE: March 1, 2016 • Background: Amy R. Slagle (the "Applicant") requested the closure of approximately 375 sq. ft. of an unimproved, unnamed alley (the "Right-of-Way"), adjacent to the rear of her property at 829 S. Atlantic Avenue, for the purpose of incorporating the closed area into her adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated by such closures are directed to a Croatan Beach Access account and the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. Other street closure requests similar to this request have been granted to property owners within the same block. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, Amy R. Slagle Page 2 of 2 subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void ■ Attachments Ordinance Staff Report and Disclosure Statement Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departme. . • •ency: Planning Departm "� Api y City Manager• L 1 ORDINANCE APPROVING APPLICATION 2 OF AMY R. SLAGLE FOR THE CLOSURE 3 OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE 5 REAR OF 829 S. ATLANTIC AVENUE IN 6 CROATAN 7 8 WHEREAS, Amy R. Slagle ( the "Applicant") applied to the Council of the City of 9 Virginia Beach, Virginia, to have the hereinafter described unimproved right-of-way 10 discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed 22 and vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "INDICATES PORTION OF ALLEY TO BE 28 CLOSED (375 S.F./0.009 AC.)", shown as the hatched area 29 on that certain exhibit plat entitled: "PLAT SHOWING 30 PORTION OF 15' ALLEY ADJACENT TO LOT 19 BLOCK 31 14 CROATAN BEACH M.B. 24 P.P. 37 TO BE CLOSED 32 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 20', dated 33 November 12, 2015, prepared by Stephen I. Boone & 34 Associates, P.C., a copy of which is attached hereto as 35 Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 Pursuant to Street Closures," approved by City Council. 46 47 No GPIN (Public Right-of-Way) 48 (Adjacent GPIN: 2426-37-9901) 49 2. The Applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 51 submitted and approved for recordation prior to final street closure approval. Said plat 52 must include the dedication of a public drainage easement over the closed portion of the 53 alley to the City of Virginia Beach, subject to the approval of the Department of Public 54 Works, and the City Attorney's office, which easement shall include a right of 55 reasonable ingress and egress. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of- 58 way proposed for closure. If private utilities do exist, easements satisfactory to the utility 59 company must be provided. 60 61 4. Closure of the right-of-way shall be contingent upon compliance with the 62 above stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved within one year of 64 the City Council approval, said approval shall be considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before February 28, 2017, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before February 28, 2017, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "AMY R. SLAGLE" and "ROGER S. SLAGLE" as 84 "Grantee". 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41-147 A A' IAA! ��:��' L(ila,t' aikkv g I epart ent City Attorney CA13466 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D017\P021\00267086.doc R-1 February 18, 2016 EXHIBIT A NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY BRADLEY RAMSEY CARL E. CHOLEWA, JR. DAXING CHEN CHRISTINA R. RAMSEY ELIZABETH N. CHOLEWA BICH-PHUONG T. CHEN I.N. 20130416000433100 D.B. 4000 P. 1772 I.N. 20120424000441390 BEING BEING BEING LOT 8 LOT 9 LOT 10 M.B. 24 P. 73 M.B. 24 P. 73 M.B. 24 P. 73 GPIN: 2426-37-8804 GPIN: 2426-37-7899 GPIN: 2426-37-7983 15' ALLEY o N 04'14'15" W , 15' ALLEY �-- - (M.B. 24 P. 37) \ \\\ 50.0 ' \\V), N.B. 24 P. 37) o r- r EXISTING LEGEND R/W LINEINDICATES PORTION TO BE VACATED OF ALLEY TO BE \ UPON R/W \ CLOSED CLOSURE ( 375 S.F./0.009 AC.) NOW OR FORMERLY o ROGER S. SLAGLE NOW OR FORMERLY HAL J. WOOLARD o AMY R. SLAGLE o RONALD L. SWAN, JR. DEBORAH WOOLARDI.N. 200407260114952 Ln D.B. 3458 P. 1464 I.N. 200501040001204 Q o BEING Q BEING BEING o LOT 19 O T LOT 20 LOT 18 o M.B. 24 P. 73 0 ,,,, M.B. 24 P. 73 M.B. 24 P. 73 GPIN: 2426-37-9901 GPIN: 2426-37-8996 W GPIN: 2426-37-9818 n in D .4- z � In W h M co co a w z a 0 d- Z c' - ed J . >- st., a M NAIL(F) o 50.00' PIN(F) 50.00' S 04'14'15" E S. ATLANTIC AVENUE (50' R/W) PLAT SHOWING (CHAUTAUQUA AVENUE - PLAT) PORTION OF . LTH pay, L N.B. 24 P. 37) 15' ALLEY ADJACENT TO LOT 19 ,�� "„p BLOCK 14 CROATAN BEACH vEPHEN I. BOONE -' M.B. 24 P. P. 37 / Lic. No. 1333 TO BE CLOSED 1 1 /12/15 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' NOVEMBER 12, 2015 ,1'v°,1, SUR\IE-49C STEPHEN I. BOONE & ASSOCIATES, P.C. LAND G:\13-166 plot.dwg PORTSMOUTH,SURVEYORS NIA illimibi NIBApplicant Amy R. Slagle Property Owner Roger S. Slagle Public Hearing January 13, 2016 Agenda Item 10 Virginia Beach Request RIO \ Hio Street Closure Staff Planner W 4 N Kristine Gay VE S. MARYLAND A r Location CO 7 829 S. Atlantic Avenue 0 GPIN . C) 24263799010000 7 q Election District t - ill Beach Site Size 375 square feet R10- 'r AICUZ 65-70 dB DNL Existing Land Use Single-family dwelling r_ Surrounding Land Uses and Zoning Districts , North -. e , Single-family dwellings/ R-10 Residential South 't `' ,s,:ry..44_1;:_,„ , .1 or , 44' kip AV Single-family dwellings/ R-10 Residential ,itr_` -5. !AWN( A '�, East Single-family dwellings/ R-10 Residential y► West '' ' 'ik' rto Single-family dwellings/ R-10 Residential W` F y' _ — — k z • L r. 4 • ii C IC! r1111 ' m4 t I. , 10 ti 375 Amv R. Sipple Agenda Item 10 Page 1 Background and Summary of Proposal The property owner would like to close a portion of the platted, unnamed, and unimproved alley that is adjacent to their rear lot line. As shown on the submitted street closure exhibit, they are requesting to close half of the 15-foot-wide alley, this area is 7.5' x 50' in dimension. The site is developed consistently with other lots in the Croatan neighborhood and has a front loading single-family home with a small fenced in back yard that has been improved with a patio, pool, and landscaping. Currently, the area proposed to be closed is fenced in and landscaped. Many similar requests have been reviewed and approved by City Council for alleys within the vicinity of the site. tV cn S MARYLAI'1D AVE r C w Ca Q n Zoning History 7 L No zoning history to report in this area. R10 Rift 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 Evaluation and Recommendation The Viewers have reviewed this application and have determined that the proposed closure will not result in a public inconvenience; therefore,they recommend closure of the right-of-way.The Department of Public Works has indicated a need for a drainage easement over the 375 square foot area; this is recommended in the conditions below. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoin property owners in the Croatan community, all funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The proposed street closure is recommended for approval with the following conditions. Arnv P. SIar-rr, Agenda Item 10 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 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. Amy R. Slagle Agenda Item 10 Page 3 1 i Proposed Site Layout 1t)1 , 1 • • 4rnt • 1-4. c (7.i..- 412.f. i)',-6 ii ism ,Ae. , 7 5 ' x 5(,.) _.--....... rove::ali LINT- 1,10WAPIIIIIIIIVIailltalelle**>> 0.2'0PACE 7 7.'- ', t'.1k4A6,5„0.00‘T4671A1S4 04 ' 111011101,4, SA141,1X 1r.r .)°1494Pit*jr. bil,V‘AISSANXILIL" - FEW •.---• '4'11101 K2 El W4 0/C0 004 9,Allre Ko.kir it *CD 11107/141 All*A . 0 6.mcc g4Ali u : ."-v- w:AP - e.d.p. 3 Mr I :.:.•.; 011A lq: - Mit& ;T. -8 -- rot• fi RtseicE : ,-,!..,:-...., • :k--,a• 0 ma toio 18 ‘ 1 -eg2 5' :.....:9. 20 coox .si --.;•..i..-; v• .. •.... LLI 4.4iit ails 3 ...t......,,,s! LI ,./. itIli -1111111111111111.:,€.1,t trj ,... __. lf) 09,-,1;1; . -;:.:. ,," .vt < ...;" .7:::;,.:77:1 -:*;!I:i':.'1.%.,::,::II,',::;:'::ii Lr) i;:,,,,,::, iF:F.F.:Ig :! !i'; !';::..." Id a/0 71- c6' Iiii.jfi...;r :;:f;,i;:i:;i.;!.!!.-F'.r.: .f.f,: SICIY In CA .g;TI,.i44,'..'4. i wilt .i!iE. i:,i'PttiPtli ii`Li ilf!IEF; Z '4 FENCE .:i4r ':i1:::::F.::?!.:;•:.•:;,r.:.;:-!.- < •,, r!:::-::;',.!!;•::!:i.,:,:',i7:;:" 4 g 82';r) ...w.L.R....,:‘,*,:i,,,i,i: .10,:::; , f:!.,:::::::: 50.0C) mom min S 04'14'15E Nil I S. ATLANTIC AVENUE (50' R/W) 4,.."„ THO... PH YSICAL SURVEY ... A, - to. LOT 19 — BLOCK 14 0 CROATAN BEACH 0 ,4 , u BRUCE t3„t' ' M.B. 24 P. P. 37 e, No- ,•%•$ _ VIRGINIA BEACH. ‘ARGINIA 14134_ SCALE: 1" at 20' SEPTEMBER 25, 2013 wilx- 9*" _a_ MADE FOR 4/11b ..,,....to- • SLANT,-- ROGER S. & AMY R.• SLAGLE • GALLUP 1 StalitTORS & ENCANCE&S, LTD. I • 333 FT cOtti15.ICAO 5-42- Amy R. Slagle Agenda Item 10 Page 4 Disclosure Statement 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 Disposition of City f Modification of ' by City Property ( Conditions or Proffers Alternative Economic Development ` Compliance,Special Investment Program Nonconforming Use Exception for ((DIP) Changes Beard of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance 1 Appropriateness Franchise Agreement — Street Closure (Historic Review Board) 9 Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement ] Wetlands Board • a 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 1 / APPLICANT DISCLOSURE Check here rf the APPLICANT 1$ NOT a corporation, partnership, firm, business,or other uninrorporated organization. riCheek here if the MAILANT IS a corporation, partnership, firm, business, or r:-.::,. T� HY .19Nr t.,„ r1 - a r r :.r IA 1 i ,r Page 1 of 4 • 0 i 0.1''t ll w N 1,,..1.11' EC C' HIE.4P;v I 1 1 Nt1+',. L 113 • I t -2/_ R v 51C.W,S41HMI `1,, _ �F — Amy R. Slagle. Agenda Item 10 Page 5 I i Disclosure Statement vu iDan 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: (Atrocli list if necessory) Roger S.&Amy R Slagle. husband and wife (B) List the businesses that have a parent subsidiary r or affiliated business entity 2 relationship with the Applicant (Attach list if necessary} See next page for information pertaining to footnotest and a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Aopllcant. Check here if the PROPERTY OWNER 1S NOTa corporation, partnership, firm, business, or other unincorporated organization L._. 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•sub5ldiary or affiliated business entity 2 relationship with the Property Owner. IArtach list)1 rtecessary) The disclosures contained Irk 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. Amy R. Slagle Agenda Item 10 Page 6 I I Disclosure Statement 'Parent subsidiary relationship• rnears "a rriationsr1 p that exists when one corporation directly or oldirectly owns shares p.^rscess,rg more thar prrrert of The vOting rxemer of aelOther Lorporatinr Ste Starr'and Ixal GOvernrnent:onftirt of rnlerests Act,'V'a Code Z 2.3701 7 'Atlilialed businrss ersl,f: relationship' means 'a retationsh p, other ttlan parent-sub9raiary retatiorsh,p that exists when (ii one business entity has a rontrolllno ownership srteres1 in the other business entity. l I a cort'o•lirr9 uvvrw_r it -tone entity i5 also a controlling owner }n the other entity, or Oil) there :s shared management or [tai col brtwcen the bjsirress entities Factors that should be considered =n deterrraring the existence of an affiliated business entity relationship +lsclude that the samr person O' substantia.iv the smut person owe or manage the two entii-es; there are common tr wrimingled funds or assets: the ousiness entities share the use of the same offices or employees or' otherwise share activities. resources -.r personnel on a regular basis: or there is otherwise a close work nq relationship brtsmern the entiies.' Sex State and l ocai Coverrirneri Conflict of Interests Art, 4'a t:ode y i' r 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the pi tatian or any husinecc oaeratlntl or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES No [ SERVICE PROVIDER ruse addidoaaJ sheets if naeded) L, I Accounting and/or preparer of your tart return tzArchitect/Landscape Architect/ Land Planner Contract Purchaser(If other than 171 the Applicant) - identify purchaser and purchaser's service provider% Any other pending or proposed purchaser of the subleet property (identify purchaser(sl and purchaser's service providers) Construction Contractors CEngineers I Surveyors Gallup Surveyces&Enginut:rs, Ltd. I The disclosures contained in this form are necessary to inform public page 3 of 4 officials who may vote on the appircatiort as TO whether they have a conflict of interest under Virginia law Amy R. Slagle Agenda Item 10 Page 7 Disclosure Statement Virginia Beach Financing (include current atir,l 5r.at Mortgage (- mortgage holders and lenders SunTrunt BankL,_{ I selected or being considered to provide financing for acquisition or construction of the property) EjLegal Services }kr fi,Bourdon, ?herr & Levy, ?.C. Real Estate Brokers /Agents for Ecurrent and anticipated future salts of the subject property SECTION 4, KNOWN INTEREST 8Y PUBLIC OFFICIAL OR EMPLOYEE YES NO ( Does an official or employee of the City of Virginia Beath have D. I 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 ernployee and what is the nature of the inte rest? 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 alny ublic body or committee in connection with this Application. • r ` c-' ! .i k -'--ICittlys-51.NA-RARE ti_ PRINT NAME , OA E -%1T-'r"l ') 9 C '1 I4- PROPEflT6' SaGghlllFtF PRINT row DA'E The disclosures contained in this form are necessary to Inform puhiic Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Amy R. Slagle Agenda Item 10 Page 8 Item#10 Amy R. Slagle Discontinuance,closure and abandonment of a 7.5'x 50' portion of an Unimproved 15'alley in Croatan Beach District 6 Beach January 13, 2016 CONSENT An application of Amy R. Slagle for a discontinuance,closure and abandonment of a 7.5'x 50' portion of an unimproved 15'alley in Croatan Beach, District 6 Beach. GPIN: 2426-37-9901-0000; 2426-37-7899- 0000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval,said approval shall be considered null and void. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 10. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE Item#10 Amy R. Slagle Page 2 RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 10 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ZRP W. / IAA 0 ci2X‘o - IX , "lot, r - / , \\ , I 1 / / 0 41 / a , , N.. \ 0 \ r) ‘ I :• ' gg I ef) I IX -ET \ I \ r \ / k.) q .4 Z 4 co la tn co v i I 1 er,..,, 1,....„ i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ADEN MURRAY • [Applicant] STEPHEN & ADEN MURRAY [Owners], Conditional Use Permit for a Residential Kennel, 5227 Lake Shores Road (GPIN 1469579325). COUNCIL DISTRICT - BAYSIDE MEETING DATE: March 1, 2016 ■ Background: The applicant currently has four dogs and is fostering a fifth that he would like to permanently adopt. Section 111 of the Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel when more than four adult dogs over six months old are kept for pets or for hunting, exhibiting, dog shows, and field and obedience trials. • Considerations: The request is for a Conditional Use Permit for a Residential Kennel for up to five dogs. The residentially zoned property is adjacent to Little Creek Reservoir. The 46,000 square foot lot has a single-family dwelling on it and a large, fenced-in yard that provides ample space for the dogs to exercise. Animal Control has received no complaints regarding the dogs on this property. 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. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. There shall be no more than five (5) dogs on the site at any one time. Included in this total shall be any dogs that are owned by the property owner or any dogs receiving foster or temporary care and shelter. Dogs less than six (6) months of age shall not be included in this total. 2. The applicant shall remain up-to-date on all required shots for any dog being provided care and shelter on the property. The applicant shall keep all dogs within their care and shelter properly licensed through the City of Virginia Beach. 3. All animal waste shall be disposed of in a lawful manner. Aden Murray Page 2of2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmen _ •ency: Planning Departmer . 11"kWCity Manager: 0 aim" Applicant Aden Murray Property Owners Stephen & Aden Murray Public Hearing January 13, 2016 Agenda Item 5 ('illy Virginia Beach Request Conditional Use Permit (Residential Kennel) R-30 so "se Staff Planner Carolyn A.K. Smith -- as Q-o Location R-30 yro�e 5227 Lakes Shores Road GPIN 1469579325 R-20 Election District c65 dB DNL AICUZ Bayside Site Size R-30 , 46,000 square feet AICUZ Less than 65 dB DNL Existing Land Use Single-family dwelling Surrounding Land Uses and Zoning Districts North l �r•.� :. Shore Drive Single-family/ R-30 Residential South sso Little Creek Reservoir APs Single-family/ R-30 Residential da East ,sa Single-family/ R-30 Residentialsro<e� Westawe , v Little Creek Reservoir Lake Shores Road Single-family/ R-30 Residential d P rb o0v- PS dp, Aden Murray Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant and her husband currently own four dogs and are fostering a fifth dog that they would now like to permanently adopt. No breeding of dogs is proposed. • Section 111 of the Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel when more than four adult dogs over six months old are kept for pets or for hunting, exhibiting, dog shows,field and obedience trials. • The large residentially zoned site, over one-acre in size, consists of a single-family dwelling with a fenced in yard adjacent to Little Creek Reservoir. c> '501. 1 ./b Zoning History . • 5�° # Request 1 SVR Approved 05/26/1992 R20� <65 d6 ON/AICUZ 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 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area.Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non- residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 to 3-3) Aden Murray Agenda Item 5 Page 2 Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed and on the shores of the Little Neck Reservoir. The reservoir and a 25-foot wide strip around the reservoir is owned by the City of Norfolk. Traffic Impacts No impacts to traffic are expected with this request. Public Utility Impacts Water&Sewer This site is already connected to both City water and sewer. Evaluation and Recommendation It is Staffs opinion that the Conditional Use Permit request for a Residential Kennel is generally consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area and is compatible with the large lot residential properties in the vicinity. The dogs do spend time indoors and there is a large fenced yard with ample space for the dogs to exercise. Animal Control has had no complaints regarding the dogs on this property. Staff recommends approval of the request with the conditions below. Recommended Conditions 1. There shall be no more than five (5)dogs on the site at any one time. Included in this total shall be any dogs that are owned by the property owner or any dogs receiving foster or temporary care and shelter. Dogs less than six (6) months of age shall not be included in this total. 2. The applicant shall remain up-to-date on all required shots for any dog being provided care and shelter on the property.The applicant shall keep all dogs within their care and shelter properly licensed through the City of Virginia Beach. 3. All animal waste shall be disposed of in a lawful manner. 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. Aden Murray Agenda Item 5 Page 3 Existing Site Layout THIS IS TO CERTIFY THAT I, ON OCT. 18, 2015, SURVEYED / THE PROPERTY SHOWN HEREON AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE AS SHOWN HEREON.THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS EXCEPT AS SHOWN. 25F STRIP DI y SIGNED: . 05z'''''''''''' NOR OLX / e?/ 4›,....' NOTES: ,)THE PROPER(UNSHADED) ) OO HEREON APPEARS RDIN TOT UE IN F.E.M.A. \5/ J.5'WOOD X'(UNSHAPED)FLOOD ZONE ACCORDING TO i6,201 pl. FENCE F MAP PANEL NO.515531-0018G REVISED JAN.16,2015. ,$, / WITHOUT THE BENEFIT c�.'�/ AA yam' aj OF A TITLE REPORT,AND MAY NOT SHOW ANY/ALL `%..yy,� ! EASEMENTS AFFECTING THE PROPERTY. / BO. PP / <r � \ \►� /'../#11.111k27.8' 4 1111111111 -00 \ \•14.,...' 10�9 FRAME ASPHALT N 1 t s~m BLOCK PULP HOUSE 0 IP(F)o S 44'4E00"W 12_ 4.201 C' 120.0' 9. III PP ID J, ID s N PARCEL A .:• i. N i y A ��owe SITE D i ••`` a % ff e k ti 2 � .'... • ---a„ 7t,,, .PP 4 'Z:,'' 5',6'. 1 z N INSET °LO� SCALE: 1'4 25' >. A. TI Op $ o, O. WARD M.HOLMES s WARD SURVEY uc.Nc.u03, OF 40:4409',.'.:r<, SITE C ,c+ ° ` SUBDIVISION OF 1, PARCEL B,BEING SUBDIVISION �. OF LOT NO 6,BLOCK 1,PLAT OF LOTS OF B W SHELTON JR 3.5'VINYL NOTE FOP PLAT SEE RAIL FENCE 2.6'IN VIRGINIA BEACH,VIRGINIA M.B.40 PG.3 FOR AROMA BEACH,VA 5.3'IN sX ADEN MURRAY °(°)\`.,►,A(F) DRAWN BY: W T L _ WARD M. HOLMES S 4 z3 SO'WTD TON SCALE: 1• - 50' LAND SURVEYOR, P.C. LAKE,gy 9225 GRANBYDATE: OCT. 16. 2015 --�� NORFOLK, VIRGINIAR2S 9 (SO' J O,90 JOS NO. 15-926 I SHEET 1 OF 1 757-480-1230 957/25 (71) Aden Murray Agenda Item 5 Page 4 Site Photos ,C. +O� tt n 444 + • • % . . Fw _ �b. ,,-.4.1•. • .r +', • 4-..t":" ;tr # I • ,e ,ae, r ,, r rt''7 4Ls �: itt- rye+. ./•+ • . � ♦ , .; Jam • .i '•� ♦A , `c •• '6 Q w . �� • 1%Oki i 1 tillii - illic • • Y +T� 4. w� �tpl•e4 1) °M f • 0 tom r — • Aden Murray Agenda Item 5 Page 5 1 Disclosure Statement t a mi3 43.4., 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 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 1 Disposition of City Modification of by City i Property Conditions or Proffers Alternative 1 Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or rOR CITY USE ONLY/M Id scIosurP. must Pe t.rdrted tom(2J V eeks pr of iG arc— Page 1 of 4 •'lann.ng('orr.-run cr end(ii'Courci IT ling Gnat t e;tans in the a:oucat oa(s) {I Ip' APPOCANT MOTIFIF[,Ol.H.EMRiUC -Tali p ❑ t O CHANGES AS OF ti;. I. L.Z n-i I{? iL-s Rrvis,ows SUBMITTED 1 DAM 1 Aden Murray Agenda Item 5 Page 6 Disclosure Statement 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; Mer'' YYlvt trc4 9--- (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 t and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 QL1i y If Property owner is dif)lererlt from Applican;, [(Check here if the PKOPERTY OWNER IS NOTa corporation, partnership, firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OWNER 15 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained 'tn 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. Aden Murray Agenda Item 5 Page 7 Disclosure Statement art Virginia Beth "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§2.23101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when ci)one business entity has a controlling ownership Interest in the other business entity, cit)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 carne 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§ 2.2-310I. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application 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: fYES [NO + SERVICE j PROVIDER(use additional sheets If needed) Accounting and/or preparer of t 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 f purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 0 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 conflict of interest under Virginia law. Aden Murray Agenda Item 5 Page 8 Disclosure Statement 0*4virskAikech Financing (include current E( L., mortgage holders and lenders selected or being considered to provide financing for acquisition \. . ^r x,115 Ull >vCt or construction of the property) 11 ❑ D Legal Services Real Estate Brokers/Agents for d/ 0 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? 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. _ __ APP'i1CANT'S SIC RE PRINT NAME y �J DATE fa v- C`i4e �L'ilgra\1 iDic`��o�e�s� PROPERTY OWNER SICNATURf PRINT AME J 1 DATE I 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. Aden Murray Agenda Item 5 Page 9 I i Ii Item#5 Stephen &Aden Murray Conditional Use Permit 5227 Lake Shores Road District 4 Bayside January 13, 2016 CONSENT An application of Stephen &Aden Murray for a Conditional Use Permit(residential kennel) on property located at 5227 Lake Shores Road, District 4, Bayside. GPIN: 1469-57-9325-0000. CONDITIONS 1. There shall be no more than five (5)dogs on the site at any one time. Included in this total shall be any dogs that are owned by the property owner or any dogs receiving foster or temporary care and shelter. Dogs less than six(6) months of age shall not be included in this total. 2. The applicant shall remain up-to-date on all required shots for any dog being provided care and shelter on the property.The applicant shall keep all dogs within their care and shelter properly licensed through the City of Virginia Beach. 3. All animal waste shall be disposed of in a lawful manner. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 5 for consent. Aden Murray appeared before the Commission. i4i vr., mow: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HEADGEAR II, LLC & GHS II, LLC [Applicant/Owner] Conditional Use Permit for a Bulk Storage Yard. 3409 Chandler Creek Road (GPINs 1495047961, 1495151289) COUNCIL DISTRICT—ROSE HALL MEETING DATE: March 1, 2016 ■ Background: The applicant requests a Conditional Use Permit for a Bulk Storage Yard that will be located to the east side of an existing industrial warehouse complex. The one- acre storage yard will contain lifting and earth moving equipment associated with the adjacent manufacturing facility and will be entirely enclosed by an eight-foot chain link security fence. • Considerations: The proposed bulk storage yard is located at the rear of the existing industrial warehouse complex, and is screened from view from the right-of-way by a mini- warehouse facility and mature vegetation. Additionally, it is likely that further industrial development will take place in the area between the storage yard and Holland Road. The proposed use is consistent with the character of the surrounding area and is identified as a compatible use within the 70-75 dB DNL noise zone. Further details pertaining to the application, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0, with one abstention to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "EXHIBIT SHOWING OUTDOOR STORAGE FOR 3409 CHANDLER CREEK ROAD VIRGINIA BEACH VIRGINIA", dated October 18, 2015 and prepared by Site Improvements Associates, Inc. Said site plan has been exhibited to City Council and is on file with the Planning Department. i 1 1 Headgear II, LLC and GHS II, LLC Page 2 of 2 2. Vehicular access to the facility shall be only from the existing access point on Chandler Creek Road, as shown on the submitted layout plan referenced in Condition one. 3. The bulk storage yard shall be used only for the storage of equipment associated with the applicant's business. 4. No portion of the storage yard shall be developed in the Special Flood Hazard Area. 5. Category I plant material shall be installed, in conjunction with a chain link fence, along the northeast side of the yard that faces Holland Road. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departme• agency: Planning Department City Manager: IIM immorii Applicant and Property Owner Headgear II, LLC and GHS II, LLC Public Hearing January 13, 2016 iv_ Agenda Item 6 Citi)of Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) IN i Px, 70-75 dB, L AICUZ R•5D I E -2 v Staff Planner -r" o Jimmy McNamaraI 1 -R-5D , Location �� A 3409 Chandler Creek Road :P•1 14950479610000, 14951512890000 c<\°* Pa Election District --- /�` ue `, Rose Hall / RSD Z-,4% 1-219 65 70 dB DNL AICU NN ;'��Site Size , .F 0 18.45 acres h c.�ee�' AICUZ �a�a� : \ 70-75 dB DNL .,,.,,,,,,,12-511)‘''''(\, s £BDNLMCU7\ AG-2 ,p 44,00 //,J�" l(---1 `�,, f API 2 Existing Land Use Industrial warehouse Surrounding Land Uses and Zoning Districts q45.— - " i North ,`' Undeveloped wooded lot/ 1-1 Industrial 0 South d 3 Bulk storage/ 1-1 Industrial 12. East 0 0. Holland Road West , Undeveloped wooded lot/ P-1 Preservation \ , as c.v• Headgear II, LLC and GHS 11, LLC Agenda Item 6 Page 1 ...._..__.. Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Bulk Storage Yard that will be located to the east of an existing two-story industrial warehouse building. Lifting equipment and earth moving equipment associated with the adjacent manufacturing facility will be stored in the proposed storage yard. • The one-acre storage yard will be entirely enclosed by an eight-foot chain link security fence. • Access to the storage yard will be controlled by a gate located on the north side of the site, adjacent to an undeveloped parcel zoned P-1 Preservation District. • Access to the subject site is currently from Chandler Creek Road; no new access points are requested with this application. • Mature vegetation is located along Holland Road, approximately 700 feet away from the proposed storage yard. This vegetation provides ample screening of the proposed storage yard; therefore, a deviation from the required' Category VI screening is requested. r WH, s J 70-75 de, I AICUZ RSD , R 1-2 \___\ -;M Zoning History MID 1-' # Request R30 t 1 CRZ(R-5D to Conditional I-1)Approved 07/03/2001 . ----. 1,�' Ili111lllJJJ/// CUP(Processing and storage of woody vegetation) 'P-' ' Denied 10/27/1998 • Pv , 31-1 n •§2-2 CRZ(R-5D to Conditional I-1) Denied 10/27/1998 Z—i �' I.1 2 CRZ(R-5D to Conditional I-1, Conditional 1-2,and ww " Conditional P-1)Approved 08/10/2004 i 416. dao w° �-z +' n� 6570 dB ONL AIcu�/ may' �' F`` am, 3 MOD Approved 10/09/2001 ¢• � -` as CRZ(R 5D to Conditional 11)Approved 09/14/1999 /...,te ; \ 4 CRZ(R 5D to Conditional 11)Approved 05/09/20005D 4c./ APl2 AG-2 \ �' ^ 5 d9 ON(AICUZ A!8 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 I Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character,economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area.The Plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area.Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential,either maintain or enhance the overall development of the area.This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from non-residential with respect to type, size, intensity,and relationship to the surrounding uses. (pp. 3-1 through 3-3) Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. A portion of the property is located in the AE flood zone; however, no alterations or improvements are proposed in this area. Traffic Impacts Chandler Creek Road No Data Available 6,200 ADT 1(LOS 4"C") Existing Land Use 2-1,010 ADT 9,900 ADT 1(LOS 4"D") Proposed Land Use 3—No change 1 Average Daily Trips 2as defined by an industrial 3as defined by an industrial park with 4 LOS=Level of Service park with 145,464 sf 145,464 sf Master Transportation Plan and Capital Improvement Program Chandler Creek Road is a two-lane cul-de-sac off of Rosemont Road that serves industrial uses. The site is at the cul-de- sac bulb;therefore,this application will neither affect nor be affected by the CIP Project#2.038.000 Rosemont Road— Phase V,which is widening Rosemont Road. Likewise,the rear of the site has frontage on Holland Road, but no access is proposed, so no impact to Holland Road is anticipated. Public Utility Impacts Water The site is already connected to City water. The existing two-inch meter(City ID#95030418) may be used or upgraded to accommodate the proposed development. Sewer The site is already connected to City sewer. Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 3 Evaluation and Recommendation The Conditional Use Permit request for a Bulk Storage Yard is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area.Additionally,the proposed use is compatible with the provisions of the Land Use Compatibility Table in Article 18,AICUZ,of the Zoning Ordinances for a site located within the 70-75 dB DNL noise zone. Section 228 of the City Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence. The submitted site plan shows chain-link fencing surrounding the storage yard which does not meet the Category VI requirement. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement by using a chain-link fence in the locations depicted on the site layout will not adversely impact the adjacent properties, particularly given the industrial nature of the surrounding area,the exiting natural vegetation and the distance of the storage yard from Holland Road. Additionally,the properties between the proposed storage yard and Holland Road will be developed in the future,thereby further diminishing visibility. Staff recommends approval of this request for a bulk storage yard with the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "EXHIBIT SHOWING OUTDOOR STORAGE FOR 3409 CHANDLER CREEK ROAD VIRGINIA BEACH VIRGINIA", dated October 18, 2015 and prepared by Site Improvements Associates, Inc. Said site plan has been exhibited to City Council and is on file with the Planning Department. 2. Vehicular access to the facility shall be only from the existing access point on Chandler Creek Road, as shown on the submitted layout plan referenced in Condition one. 3. The bulk storage yard shall be used only for the storage of equipment associated with the applicant's business. 4. No portion of the storage yard shall be developed in the Special Flood Hazard Area. 5. Category I plant material shall be installed, in conjunction with a chain link fence,along the northeast side of the yard that faces Holland Road. 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. Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 4 Proposed Site Layout Ig 1 L C '1 ,i \ i , ty; .q -,.,, ,6 114, .,,:. "t:_•0 '".. -rl, .•;• \ 1 9 ;,.. .,...__,...__ , ... —% k, I . •'; ''''7-- .----- i- I I - 1--- \ ''.•- I, 1• '2 '• I-1 1 ' -.--- .....i ._............... L------- i fill ii , 1 .: I .....„,t, r ,*. iii . ti 1 ., il . :, . , . - Proposed Bulk Storage Yard \ 11 d. ,,,mi I,Aron. v i- t 41- ., \ ‘„. ...t., .., 7.4,111 !ti4, t fi .., o;is,i 1 1------ -. \ -,•›., .1, I 'i ' t ,, to P,J, i----, II •./;0‘ . 5•--- I It ., ,4 t '--- - 'I'.' lq:.)!` ,.! , f• i..''- ; • i:' ' ;1 L - . d 1, 1 1 •: 1 ,: ,,,, 4-.41. - ', t 2 ''*- ''. .-.4...—r-``" - — -- - LI ! '. '4,,;- '-,.,,..1,,11 -- • ,,--..:1' ."k:21:S:i 1,- ' ''• , \ ;,..11' ' , i..1p ,1,312k a?,*tfo :,.. IN. lii;5i fprjk! ii JI i!,t. iA 2 14 2 s Riqji = "'-1 —1 ,,,:g—21 '4trr i.".7,.... . F:59.."1 ''';''f : •'''' 4.• !'' I: 1' , 1 X RXHINT SHOVING S Site improvement Associates, Inc. I 11 g! OUTDOOR STORAGE eon A ,.",.,..,.. '.', 'E.,'!„«.7.-M-- Fgilli 310ii CAROLER MEC ROAD Z eatele MACK WOW I I 11 1 Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 5 Site Photos 4'. 4 VII ' E rit „_.. > 4 _.. Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 6 1 Disclosure Statement NE 4irgituia Bath 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: 1 Acquisition of Property Disposition of City Modification of by CityProperty Conditions or Proffers Alternative f Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) ! Franchise Agreement Chesapeake Bay Preservation Area : Lease of City Property Subdivision Variance I Board _ Conditional Use Permit , License Agreement Wetlands Board • to 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 1 / APPLICANT DISCLOSURE CCheck here if the APPLICANT 1 ,._NQT a corporation, partnership, firm, business, or other unincorporated organization. 7 Check here if the APPLICANT 15 a corporation, partnership, firm, business, or Page 1 of 4 • ii, i- -k 3 4 Y Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 7 Disclosure Statement NiE3 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) Headgear II, LLC H.Allan Gibbs (Managing Member) Jeff Hebenstreit(Member) GHS II, LLC H. Allan Gibbs(Managing Member) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • ► SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner.i,s thfferent_from Anrylicani. U Check here if the PROPERTY OWNER 1S NOTa corporation, partnership, firm, business, or other unincorporated organization. ECheck 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) Headgear II, LLC H,Allan Gibbs (Managing Member) Jeff Hebenstreit(Member) GHS II, LLC H.Allan Gibbs(Managing Member) (B) List the businesses that have a parent-subsidiary r 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. Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 8 Clry of APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n NI Accounting and/or preparer of I I 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 Epurchaser of the subject property (identify purchaser(s) and purchaser's service providers) ® Construction Contractors nEngineers / Surveyors/Agents j.�� rv)Pr :L/e m eh t /45S�c toi f�S rjt, Financing (include current ❑ i mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CE Legal Services Real Estate Brokers / f'A1 Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ El 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 7 Disclosure Statement Virginia Beach "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 Covernment Conflict of Interests Act Va Code§2.2-3101 z "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 Contlict of Interests Act, Va.Code§ 2.2-3101 • • SECTION 3. SERVICES DISCLOSURE Owile/ Are any of the following services being provided in connection with the subject of the application 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: YES I [NO I SERVICE PROVIDER(use additional sheets it needed) ® Accounting and/or preparer of your tax return Architect/ Landscape Architect/ F/ 11 Land Planner Contract Purchaser(if other than j nthe Applicant) - identify purchaser i I and purchaser's service providers Any other pending or proposed Q purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElIIConstruction Contractors hI n L Engineers/Surveyors I Site Improvement Associates,Inc. 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. Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 9 Disclosure Statement VB Virginia Beach Financing (include current Ft n mortgage holders and lenders I/`I selected or being considered to provide financing for acquisition or construction of the property) ( A ( l Legal Services a ,� Real Estate Brokers /Agents for XIcurrent 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 0 © an interest in the subject land or any proposed development ' contingent on the subject public action? l 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 meet'n of any public bod or committee in connection with this Application. , .Z6r .7 �k�>Allan Gibbs fes' ( A PUICANT'S SIGNATURE PRINT NAMEDATE f l' `� p.________ Allan Gibbs � - y� AO R PERTY OWNER'S SIGNATURE 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. Headgear II, LLC and GHS II, LLC Agenda Item 6 Page 10 Item#6 Headgear II, L.L.C. &GHS II, L.L.C. Conditional Use Permit 3409 Chandler Creek Road District 3 Rose Hall January 13, 2016 CONSENT An application of Headgear II, L.L.C. and GHS II, L.L.C.for a Conditional Use Permit(Bulk Storage Yard)on property located at 3409 Chandler Creek Road, District 3, Rose Hall. GPIN: 1495-04-7961-0000; 1495- 15-1289-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "EXHIBIT SHOWING OUTDOOR STORAGE FOR 3409 CHANDLER CREEK ROAD VIRGINIA BEACH VIRGINIA",dated October 18,2015 and prepared by Site Improvements Associates, Inc. Said site plan has been exhibited to City Council and is on file with the Planning Department. 2. Vehicular access to the facility shall be only from the existing access point on Chandler Creek Road, as shown on the submitted layout plan referenced in Condition one. 3. The bulk storage yard shall be used only for the storage of equipment associated with the applicant's business. 4. No portion of the storage yard shall be developed in the Special Flood Hazard Area. 5. Category I plant material shall be installed, in conjunction with a chain link fence,along the northeast side of the yard that faces Holland Road. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 6. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#6 Headgear II, L.L.C. &GHS II, L.L.C. Page 2 WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted,the Commissioner approved item 6 for consent. Mark Ricketts appeared before the Commission on behalf of the applicant. 7 a.... . .g1 0 tit - 0 co g ot, * -4J co 0 -t 0,, ..N, 7 , co fr— in 1 . \. '''' \ ' \ §\ \ #\..".1' . 6 ii IA ,- .; ri. ce u..1 arri 40 .... ...... . f N , tn, "7-Aei V.1 be 2 del - •F 8 i. co Cs1 in rd , I I 1 ----' - tri co , . , I q 1 to oo g tt) 0 , 4)) oa •• , '<•,-.--';:•551. ' '.....:-. IAN fin *- r.-•• co 4 ,.., I ' •ce aor .. _v. ' .-.. • ,Z. Y , giki N I n ' •IC\ , ' f ..644• . v •, • • I I sIi ; I t ... I i ,u I , • / C sAD, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION [Applicant/Owner] Conditional Use Permit for an Assembly Use. 5865 Pickering Street (GPIN 1468107265) COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: March 1, 2016 • Background: The Virginia Beach Community Development Corporation (VBCDC) is requesting a Conditional Use Permit for an assembly use within an end-unit townhome. The subject site is located within the Lake Edward Community. "The Spot", as it will be known, will provide a gathering space for families and groups in the community. Expected activities include mentoring, spoken word events, book club gatherings, tutoring and peer support groups. • Considerations: "The Spot" will be managed by VBCDC and will be staffed with a minimum of two adult volunteers whenever it is being used. The hours of operation, as requested by Councilwoman Ross-Hammond, will be Monday through Friday, 3 p.m. to 6 p.m. and 10 p.m. to 6 p.m. on the weekends. Although the initial request was to remain open until 7 p.m., the applicant has agreed to the 6 p.m. closing time. It is expected that most visitors will walk or bike from within the Lake Edward community; however, on-site parking spaces will be provided for the volunteers. The City Building Official has reviewed this request and has informed the applicant that they will be required to obtain a permit for the proposed change of use, at which time a building inspector will visit the site to ensure compliance with all applicable building and safety codes. The change of use will require the townhome to have at least one handicap accessible bathroom. As there will be no more 12 occupants at any one time, the City Building Official will allow a 60-90 day deferral of this requirement to ensure the proposed use is successful. Further details pertaining to the application, as well as staff's evaluation of the request, are provided in the attached staff report. There were speakers in support and one speaker in opposition to this request. The primary concern of the opposition was the possible congregation of people within the cul-de-sac. Virginia Beach Community Development Corporation Page 2 of 2 • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The hours of operation shall be 3:00 p.m. to 6:00 p.m. Monday through Friday and 10:00 a.m. to 6 p.m. on weekends. 2. The applicant shall obtain approval and a Certificate of Occupancy from the Building Official. 3. Occupant load will be determined by the Building Official and Fire Marshall. 4. The site shall be staffed by two volunteers approved by the Virginia Beach Community Development Corporation during all hours of operation. 5. Any on-site signage shall meet the requirements of the Zoning Ordinance and shall not be lit. 6. The minimum parking requirement shall be reduced to the existing two off- street parking spaces for a period of one year. Following the one year trial, the parking requirement reduction may be reconsidered if parking issues develop. 7. Any modifications to the existing fence, or with the installation of any new fencing, the requirements of the Zoning Ordinance shall be met. 8. The Conditional Use Permit shall be valid for a period of one year. After the one year trial period, any request for extension must be heard by the Planning Commission and City Council. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmen s ency: Planning Departme4411;" ,1 City Manager: iP, Applicant and Property Owner Virginia Beach Community Development Corporation Public Hearing January 13, 2016 (th of Agenda Item 13 Virginia Beach Request Conditional Use Permit (Assembly Use) 623 104 i Staff Planner Jimmy McNamara 3.4 5540 5t 3030 5405 4400 sue 5400404 SOU 5405 Location s,,, . 61CK4I041;$, 614 5144451 5865 Pickering Street 3070 "i5 . ` 0 540, TIThI 'b b GPI N «n ,e 5«, 5407 14681072650000 �` k �. Election District \ +� & Kempsville '«' stip �, «b «^ Site Size c• b. S40 `°c « °f 4,717 square feet °,7°4 5«5 Eby «40 AICUZ 51113 '"" Less than 65dBDNL 405 " ----/ w 2 Existing Land Use Townhouse Surrounding Land Uses and Zoning Districts North Townhouse/A-12 Apartment South Townhouse/A-12 Apartment , — East ,,/ '0#"-11' ee� Townhouse/A-12 Apartment £ + `c9yw� .,, West `l IL ., , Q`o`�'e` age 1 °,� Pickering Street "( "� Townhouse/A-12 Apartment - • ° �e 5� �w �tiO rr , Virginia Beach Community Development Corporation Agenda Item 13 Page 1 Background and Summary of Proposal • Virginia Beach Community Development Corporation (VBCDC) is a local 501(c)3 non-profit housing development corporation that was created in 1985 to enhance and expand affordable housing opportunities, as well as to assist the City with their neighborhood revitalization strategies. • VBCDC is requesting a Conditional Use Permit for Assembly Use within an end-unit townhouse in the Lake Edward Community. "The Spot", as it will be known, will be a neighborhood gathering space for families and neighborhood groups. Expected activities onsite include mentoring, spoken word events, book club gatherings, and peer support groups. • Local law enforcement personnel are also expected to be present intermittently during hours of operation. Faith based groups and civic leagues will also have access to the facility. • "The Spot," as it will be known, will be open from approximately 3:00 p.m. to 7:00 p.m., Monday through Friday and 10:00 a.m.to 7:00 p.m. on the weekends. "The Spot" will be managed by VBCDC and will be staffed with at least two volunteers at all times. • Volunteers will be screened and will have full background checks conducted before having contact with any minors. • Parking will be provided onsite for the volunteers. It is expected that most visitors will walk from within the Lake Edward community. • VBCDC plans to renovate the interior of the townhouse, including handicap accessibility retrofits. A six-foot wooden privacy fence is proposed to replace the existing chain link fence at the entryway to the backyard. The applicant also proposes to install a wall sign to be placed at the entrance of the townhouse. ,e, '-4 /--- tt,t SON # 91/ rip Zoning History 12 No Zoning History to Report 9- „� -, ♦. .. S Nw, «. SS/40 n . • + w w i 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 Virginia Beach Community Development Corporation Agenda Item 13 Page 2 I Ili Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within Suburban Area, Suburban Focus Area (SFA) 2 - Lake Edward. Lake Edward's community leaders have focused their goals around improving public safety, revitalizing homes and increasing recreational and educational opportunities. Natural and Cultural Resources Impacts The subject site is located within the Chesapeake Bay Watershed. There do not appear to be any significant environmental or cultural resources on the property. Traffic Impacts Street Name Present Vokinte Present Cap . ... L, T of Existing Land Use 2-10 ADT Pickering Street No Data Available No Data Available Proposed Land Use 3—Cannot be determined 'Average Daily Trips 2 as defined by one single 3 Proposed use will generate more 4 LOS=Level of Service family unit traffic than the existing use Public Utility Impacts Water The site currently connects to City water. There is an existing six-inch City water main along Pickering Street Sewer The site currently connects to City sewer. There are two existing eight-inch City sanitary sewer gravity mains along Pickering Street. Evaluation and Recommendation The Conditional Use Permit request for an Assembly Use, in Staffs opinion, is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area—SFA 2. The use supports Lake Edward's community leaders'goals to improve public safety and increase the recreational and educational opportunities within the Lake Edward Community. Section 203 (b)of the Zoning Ordinance states that the minimum required parking may be reduced, if a substantial number of patrons of the use are pedestrian or arrive by means of public transportation or by bicycle. As the proposed use is a neighborhood community center, it is anticipated that most of the traffic generated by this use will be by pedestrians and by those traveling by bicycle from the surrounding area. Therefore, it is Staff's opinion,that such a reduction in the off-street parking requirement from one space per 100 square feet,as required for assembly uses, is warranted. Staff finds the proposed use a welcome additional community resource and amenity for the Lake Edward Community, and therefore, recommends approval of this request with the following conditions. Virginia Beach Community Development Corporation Agenda Item 13 Page 3 I i Recommended Conditions 1. The hours of operation shall be between 10:00 a.m. and 7:00 p.m., seven days a week. 2. The applicant shall obtain approval and a Certificate of Occupancy from the Building Official. 3. Occupant load will be determined by the Building Official and Fire Marshall. 4. The site shall be staffed by two volunteers approved by the Virginia Beach Community Development Corporation during all hours of operation. 5. Any on-site signage shall meet the requirements of the Zoning Ordinance and shall not be lit. 6. The minimum parking requirement shall be reduced to the existing two off-street parking spaces for a period of one year. Following the period of one year,the reduction of the parking requirement may be extended through approval by the Zoning Administrator, pending the absence of any parking issues caused by the Assembly Use on the adjacent properties. If parking issues do exist,additional parking may be required. 7. Any modifications to the existing fence,or with the installation of any new fencing,the requirements of the Zoning Ordinance shall be met. 8. The Conditional Use Permit shall be valid for a period of one year. 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. Virginia Beach Community Development Corporation Agenda Item 13 Page 4 • Proposed Site Layout 1. THIS IS TO CERTIFY THAT I,ON OCTOBER 28,2015.SURVEYED THE PROPERTY SHOWN ON THIS PLAT THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT.THE ONLY EASEMENTS APPEARING ON THIS SURVEY ARE THOSE WHICH WERE SHOWN ON THE RECORDED SUBDIVISION PLAT UNLESS OTHERWISE NOTED. 2 THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE(S)X AS SHOWN ON THE N.F.I P MAP FOR THE CITY OF VIRGINIA BEACH. MAP/PANEL 515531-00810,DATED JANUARY 16.2015. BASE FLOOD ELEVATION N/A FINISHED FLOOR ELEVATION:N/A 0,011 LOT 69 j LOT 69T <� SI E6 Q,-;-c: 7 O. 69 0.9' 31.8 .1S 3528'13" DENNIS T 100: PIN(F) 1 W PIN(F) LOT 67 0., - e 1.1C. NO. 002189 Cff- _ 03_ 57' r /0-29/5 0 SITE A FENCED ~ � LOT 66 suRN� SITE 1 4.935 SF 0.1133 AC LOT 67 FENCE SI-1F 5 • 6'WOOD o FENCE W LOT 66 4 SITE 0.1' 03' WIRE FENCE AND ACCESS GATE 7 0. MAY RE REPLACED WITH 6• j CONC WOOD PRIVACY FENCE/GATE p 14.5' 0 4'WIRE FENCE n n 2 STORY e • '`m BRICK 8 • FRAME L FRAME LOT 67 I. TOWNHOUSE TOWNHOUSE R5865 SITE 6 21 3' ' 104' - ( ' Lam--SPACE TO EIREND DRIVEWAY(IF NEEDED) 5'UTILITY S DRAINAGE • EASEMENT 4'WIRE FENCE CONC. •X-CUT(F) • O.H.(F) 296.67'TO NAIL(F),13.30. :. L.181�. REDKIRK LANE N 35'04)'O6-E 'R=50•0 PICKERING STREET(50') PHYSICAL SURVEY OF LOT 66,SITE 1,SUBDIVISION OF D KTA s s D C i a to s LAKE EDWARD WEST SECTION FOUR LAND SURVE YORS VIRGINIA BEACH,VIRGINIA M.B.84 P 43 FOR.. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. ,100 GRANBY STREET DRAWN SC SCALE 1"=20' SUITE 100 CHECK OT JOB 11060 NORFOLK.VIRGINIA 23510 DATE 10-29-15 REVISED (757)588-5888 FAX(757)588-5880 FIELD BOOK 158 SHEET 1 OF 1 Virginia Beach Community Development Corporation Agenda Item 13 Page 5 Site Photos r �. ; #, B • ,w,i 9n,L,ei witsar ...n...u -- .`:+�•. - --_...., TF 4.,..',,a - . ,71,1 T *4 -\ ' , ,r,t • . R { .. b . le • � • ib "fir r S .i. w , ' •. Virginia Beach Community Development Corporation Agenda Item 13 Page 6 it s .t wl r" r-`11 �',t • % 1 . i J,, •W '%4. ""'% - 6'PRIVACY FENCE INSTEAD OF CHAIN ' LINK CONSIDERED e ' i 1 I I - _ ' I I l MOM NNW =it 17.Wr r , Likder -, � , //, t i Side Entrance with small = �• ' wall-mounted Signage i ,i i• ,,-:"..,-'!', ,;:15'',.. at Entryway 1 ,. . . ik Signage to be approximately 7111,.- 15"x 30" _ a �:. .±_ _ .yam ♦♦ -.. ... •-s �k-4i'.n-..`yy tea,. Virginia Beach Community Development Corporation Agenda Item 13 Page 7 II Disclosure Statement Virginia Bench 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDI P) , Board of Zoning Encroachment Request Rezoning I Appeals Certificate of Floodplain Variance , Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit ! License Agreement 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 1 / APPLICANT DISCLOSURE Check here if the APPLICANT l5 NOT a corporation, partnership, firm. business,or other unincorporated organization. I-Z- Check here if the APPLICANT 1S a corporation, partnership, firm, business, or Page 1 of 4 Virginia Beach Community Development Corporation Agenda Item 13 Page 8 Disclosure Statement \13 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) Virginia Beach Community Development Corporation-please see attached list (B) List the businesses that have a parent subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Second Act Communities Citywide Homes 2001, L.P. Cedar Grove 2011, L.P. Beach Properties, Inc. Vets'Housing, Inc. See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from.Applikant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. M Check here if the PROPERTY OWNER 1$a corporation, partnership, firm, business, or other unincorporated organization; ANP_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) Virginia Beach Community Development Corporation-please see attached list (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 offir ials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach Community Development Corporation Agenda Item 13 Page 9 Disclosure Statement 'I\B Virginia Beach Second Act Communities Citywide Homes 2001, L.P. Cedar Grove 2011, L.P. Beach Properties, Inc. Vets' Housing, Inc. • 1 "Parent-subsidiary relationship" means 'a re'.ationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State arid local Government Conflict of Interests Act.Va Code §2.2-4101. 2 "Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when(ii one business entity has a controlling ownership interest in the other business entity, (n) a controlling owner in one entity is also a controlling owner in the other entity or hit) 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 subject of the application or any business operating or to bP,.operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES [NO SERVICE l PROVIDER ruse additional sheets if l needed) n XAccounting and/or preparer of �� your tax return n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n i the Applicant)_ identify purchaser and purchaser's service providers i Any other pending or proposed 1 C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ZCConstruction Contractors Rehab contractor to be determined N n , Engineers/Surveyors DKT Associates 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 Virginia Beach Community Development Corporation Agenda Item 13 Page 10 Disclosure Statement Virginia Beach Financing(include current - lul mortgage holders and lenders - !!�! selected or being considered to provide financing for acquisition or construction of the property) 1 E Legal Services Real Estate Brokers /Agents for nX 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 Ix) 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 meeting of any public body or committee in connection with this Application. Y* Addie Wright Thomason 10/29/15 APPLICANT S SIGNATURE I PRINT NAME DATE Addie Wright Thomason 10/29/15 PROPERTY OWNERi SIGNATURE 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. Virginia Beach Community Development Corporation Agenda Item 13 Page 11 Virginia Beach Community Development Corporation Executive Staff Addie Wright Thomason, President/CEO Jessica Guglielmo, Vice President/COO Board of Directors Christopher Beale Anthony Nero James Banks Alex Kalasinsky Wanda Cooper Richard Biemiller Tammy Hindle Mark Johnson Peter Reuss Pastor Terron Rodgers Courtney LaLonde Item#13 Virginia Beach Community Development Corporation Conditional Use Permit 5865 Pickering Street District 2 Kempsville January13,2016 REGULAR Jeff Hodgson: Jan,will you please call the next item? Jan Rucinski: The next item is item 13. An application of the Virginia Beach Community Development Corporation for a Conditional Use Permit(Assembly Use)on property located at 5865 Pickering Street, District 2, Kempsville. Is there a representative for this application? Jeff Hodgson: Good afternoon. Jessica Guglielmi: Good afternoon. Thank you so much for hearing our application today. My name is Jessica Guglielmi and I am the Vice President and Chief Operation Officer for Virginia Beach Community Development Corporation and with me is Tiffany Farrell, who is our leader of Research and Development. Virginia Beach CDC is a non-profit organization that was created by the City in 1985, and our mission is to provide housing and supportive services to low and moderate income individuals and families,and assist the City with neighborhood revitalization. And we are here today,to request that the Planning Commission approve a Conditional Use Permit for Assembly Use for the property located at 5865 Pickering Street, in the Lake Edward neighborhood. We plan to use the property as a neighborhood hub called "the Spot." The Spot will be a vehicle for holistic community revitalization. It is designed to be a healthy place in the community where diverse neighbors love to visit,are nurtured, and are affirmed. The Spot will serve families and single moms and people of all ages including those over the age of 18 through the use of volunteers. We will offer plan activities including peer support and mentoring,tutoring services, a food pantry, a book club, spoken word events. VBCDC will manage the Spot. We will vent the volunteers including providing background checks and will also provide volunteer training. We expect operating hours to be from 3:00 p.m.to 7:00 p.m.on weekdays,and from 10:00 a.m.to 7:00 p.m. on Saturday and Sunday. I understand that one of the recommended conditions in the packet was to expand those operating hours. Mr. McNamara informed me that during discussions this morning,we are going to request that the hours remain the ones in the original application. We expect no more than 12 to be on site at all times, including two volunteers. We expect that most visitors to the Spot will walk from the community and ride their bicycles. And we have engaged with members of the civic league,the community law enforcement and local churches as well. I would be happy to answer any questions. Jeff Hodgson:Are there any questions? I have one. Jessica Guglielmi: Yes. Jeff Hodgson: How did you come up with the number 12 as being the max that would be? Item#13 Virginia Beach Community Development Corporation Page 2 Jessica Gugliemo: We thought for the size unit that it was and the activities. We wanted small group activities that really fostered a sense of connection,so for the amount of volunteers, we expect to have two volunteers present,we thought 12 is the maximum number of people that we would want in the unit at any time. Jeff Hodgson: So what do you do if 20 show up? Jessica Guglielmi: We would have to turn them away. Jeff Hodgson: You would? Jessica Guglielmi: Yes. Jeff Hodgson:Okay. Ms.Oliver. Dee Oliver: To sort of go on with what Chairman said,you have 20 people show up,You have 12 spots that are filled,and the rest of them are hanging outside with the neighbors in such close proximately to this. Do you have anything in place in order to keep that from happening outside of the townhouse? Jessica Gugliemo: We will manage those activities. We do plan to have security measures in place. What that looks like right now. We are still developing but this is not intended to be a place where people are loitering or are unattended doing any type of illegal activity. The activities are going to be structured activities.They are going to be planned activities. We use a registration system so that we can have a better idea of those that are expected to come. There are other measures that we can use. Dee Oliver: I'm familiar with this type and so, I guess my question is if I was a neighbor next door,with a small child,and the weather was great. It is June and you have in influx of young teenagers, and you can only take 12 and the rest of them just start congregating outside,what measures are in place in order to keep that from happening? Jessica Guglielmi: We'll have to have staff shepherd those folks so they do not stay on the property. It is not intended to be a place for unaccompanied youth. Dee Oliver: Right, I understand that but we all know how teenagers are and how they get because it is a cul-de-sac so, it is not like people,you have to kind of usher them back out in which way they came, so; I was just curious what you all do for that? Tiffany Farrell: Just to add on a little bit to that. Our vision of this is a home. So, I just wanted to throw that out there. It is not home in terms of how people live, but in terms of that small group gathering on events that you might host, a couple of people over for one evening in a space. It is will be community revitalization going on but in small groups. I would think that would be handled similar as if it was in your front yard,that we would have that ask that loitering on the front property not occur or if they are going to engage in activities that would be there. Just like you would in your home, if that was to happen on your lawn, we would have to address it. Item#13 Virginia Beach Community Development Corporation Page 3 Jeff Hodgson: Mr.Wall? Jack Wall: Do you have a similar facility, like in other neighborhoods? Is this like a ground breaking? Jessica Guglielmi: No,for us,this is the first facility that we will have. Bob Thornton: Someone made a point in the meeting this morning that you all have possibly bought some of the units in this neighborhood,your VBCDC so it sounds like you're invested in this neighborhood. I think our biggest concern is that it is a cul-de-sac, and if you got a crowd control issue to deal with, and we hate to see the neighbors that live in that little tight area get over run by a bunch of kids that may want to come in there with skateboards and make a lot of racket and hang around until dark, so, I think the biggest thing we need for you all to make us feel comfortable out of it, is that you're really going to manage this properly. Jessica Guglielmi: We are invested in the community. We own about 50 townhomes in that neighborhood,and the need for this sort of a space actually came out of the community. It came out of concerns and voices that we hear from our neighbors who lease properties from us. Jeff Hodgson:Are there any other questions. Karen. Karen Kwasny: You said your activities,and I'm not sure you said all or most of them are planned activities with a registration process which is going to permit you to oversee the number of people that are going to be arriving and leaving at any one given time? Jessica Guglielmi:That is correct. Karen Kwasny: Correct. So, all of the activities are planned and registered for? Jessica Guglielmi: All of the activities will be planned and we can include a registration. Karen Kwasny: I think a registration system allows for a bit of comfort in terms of having that kind of overflow, and having to manage the overflow there a way to prevent from that happening is that a registration process where you have a cap on however many are invited to be a part of what age is you have planned. I'm also concerned about when you have 12 people, if they all don't walk or ride bikes and they all decide to drive themselves, how are we going to manage traffic in that regard? Jessica Guglielmi: Honestly,we didn't expect that folks would be traveling in. We expect it would serve the streets and folks that reside in the community. I do anticipate that we could have some church volunteers, maybe the two volunteers that are tasked with working that day they may drive in the park in the driveway. But we did not anticipate a lot of vehicle traffic. Karen Kwasny: Okay. Bob Thornton: In terms of the age group of the people, do you use this as mainly as for young kids, youth, all age people in the neighborhood? My concern is that if you're teaching children maybe an Item#13 Virginia Beach Community Development Corporation Page 4 afternoon reading program, how do you integrate grown-ups in that or teenager in that with some other function? Jessica Guglielmi: We see this community spot as a place that serves parents with their children. So,we do see that the parents and those young mothers, or those single parent families,those would be the target. Those people would be targeted for our outreach events and our activities. We do expect that if we do have a reading or tutoring program,that the parent would be responsible for coming with their child, so; we don't see that kids would not be unattended. Bob Thornton: Not a babysitting service? Jessica Guglielmi: No,this is not babysitting service. No, not at all Jeff Hodgson: Are there any other questions: Thank you very much. Jessica Guglielmi: Thank you very much. Jan Rucinski: Our next speaker in support is Pamela Simmons. Pamela Simmons: Good afternoon. Jan Rucinski: Good afternoon. Could you please state your name for the record? Pamela Simmons: Pamela Simmons. My name is Pamela Simmons. Jan Rucinski: Okay. Can you tell you us... Pamela Simmons: I am a resident of the Lake Edward Community,and I am in support of it because we have a lot of youth and seniors that could use the Spot for civic meetings,senior activities,training the kids in the arts. Maybe give them music lessons. Culinary art skills,and keep them off the street and give them something to look forward too, somewhere to go where it would be safe in the neighborhood. Jeff Hodgson: Are there any questions for Ms. Simmons? I got one. Do you live by chance in that cul- de-sac or are you somewhere else in the community? Pamela Simmons: I live on East Hastings Arch. Jeff Hodgson: Okay. Are there any questions? Thank you for coming down. Pamela Simmons: You're welcome. Thank you. Jan Rucinski: Okay. the next speaker in support is Marie Jackson-Horne. Jeff Hodgson: Good afternoon. Item#13 Virginia Beach Community Development Corporation Page 5 Marie Jackson-Horne: Good afternoon. Jan Rucinski: State your name for the record. Marie Jackson-Horne: Marie Jackson-Horne. I am a single mom who lives in the area. And when it was first addressed to me about this Spot, it was brought up as an outreach for kids. My son is a very out- going, animated young man,and he likes the theatre. I have two sons that actually like the theatre. And it was brought about that they would have some where to go to put on plays or to act or to go somewhere to relax. My kids don't stay on the street anyway, but not to be out in the area but to have something constructive and creative to do. Jeff Hodgson: Are there any questions for Ms. Horne? Thanks for coming down. Marie Jackson-Horne: Thank you. Jan Rucinski: Okay,the next speaker in support of the application is Crystal Pittman. Jeff Hodgson: Hello. Crystal Pittman: Good afternoon everyone. My name is Crystal Pittman. I live in the Lake Edwards Community. I am a VBCDC resident, and I think the Spot will be somewhere great for the children to come together. I have twin daughters. My oldest graduated from the Lake Edwards area.She is in VCU. But, I also have 11 year old,twins that go to school. I think this would be a great place after school for them, maybe take a reading class, maybe a reading lesson and math lessons,just to do something extra. They said 25 minutes of reading every day would be great to help a child's education in reading.So, I think if they have the registration that she was talking about,VBCDC offers a lot for the community, and we also have to register now for different programs that they have. If they have a workshop on credit, getting your credit right,and workshops on different things,we have to register,so I think this will be a great thing for the community as far as registering,and different program they are offering that day whether it is fort the children,for the seniors,the teenager, or whether it is for the parent. Everyone will register. Everybody will have cell phones where the link will go to your cell phone,and you will know for that day and that time what they are offering, and then you register through your cell phone. I think it will be great thing for the community and for the teenagers,the parents where we can go somewhere and come together on different things to make the community better. Jeff Hodgson: Do we have any question for Ms. Pittman? Mr. Brockwell? Ross Brockwell: I've been thinking,and I could ask the applicant or I can ask any of those in support of this so, I will just ask you. In the informal,we talked about the concept of this sounds great to all of us think the ideas may be great for a neighborhood but it is pretty dependent on the consensus amongst the neighbors,so; have any of you had conversations with those that are in opposition? I mean they are your neighbors. Have you all talked with them directly about what their concerns are? Crystal Pittman: I haven't. If I was a neighbor of 5865 Pickering, I think that is the address, I wouldn't have a problem with it because it is helping the community. It has a cutoff time,and a time that it starts.The kids get out of school around that time. And it also has a cutoff time. It also has things in Item#13 Virginia Beach Community Development Corporation Page 6 place where you register. The parent will be there. It is for the community, so; I don't think the kids will want to hang out somewhere where they know they know my parents. They know where my sisters and brothers are going to be. I don't think they are going to come trying to do anything wrong when they know their parents and their sisters are going to be there to help the community. This is something that is supposed to help the community,so I don't see a problem if they do act and it is overcrowded and that you will go home,and maybe come back later when we have another program or a schedule another time. Ross Brockwell: Okay. I appreciate it and I just asked her and I was thinking of waiting until there were speakers in opposition and she came back for rebuttal. But I figure I would ask you why I had you here. But I do think that some of the concerns we heard in emails,why we can try to address them with conditions, it is the people who live in the community that are going to be the only way to resolve them, so, I just wanted to ask you while you were up here. I appreciate it. Crystal Pittman: Thank you. Jan Rucinski: I have a couple of questions. You made a comment about going to some classes that they have already offered. Crystal Pittman:Yes. Jan Rucinski: Were those for like heavily attended classes or were they small,just a few people there? Crystal Pittman: Small,just a few people there,whoever registered for the class. They had a financial class to where you can help get your credit right,and money managing. That was a great class. They also had a first time buyer's class. This was at the VBCDC office. Some people don't have great transportation to get all the way to London Bridge, and we live off of Newtown Road. The community is off of Newtown Road,and London Bridge is a few exits; so, most of the time if you have those classes, you would have to get all the way over there to get it. I work from 8:00 a.m.to 7:00 p.m., so; even it would have to be more on the weekends or my days off but the classes that they offer,you do have to register for but I think it would be great for the community as far as getting somewhere close to where you can get and you don't have to worry about a ride. If they have a class that I am interested in, I would love to, maybe if they take the couponing class, something small as far as couponing. I love that. I would think that would be something great where we could save money and learn how to coupon and learn how to save.That is something great that we can all come into and be interested in. Not as far as me traveling to London Bridge. Jan Rucinski: Thank you. Crystal Pittman: You're welcome. Jeff Hodgson: Are there any other questions for Ms. Pittman? Thanks for coming down. Jan Rucinski: Have they hired you as the spokesperson yet? Item#13 Virginia Beach Community Development Corporation Page 7 Bob Thornton: I have one. Jeff Hodgson: Mr.Thornton. Bob Thornton: If we had to really think ahead what would you think would be the biggest concern we really watch out for. My worry, and I think if the kids are only there with parents, I probably don't have any no more worries, but if you had to worry, and I hate to ask you that word, but if you had any concerns what we really need to watch when this gets up and running, and open,what would they be? Crystal Pittman: I think one thing that we would watch out for is the amount of people that we already spoke on. It will be the amount of people that is going to be there. Another thing we should watch out for is the times. You will want your children to be home. It gets dark early. So,you want them to be home at a certain time when they have that covered. And get ready for school. Get ready for the next day. I mean,those are the small things that but it is some place for them to go within a short amount of time. And,to release and to do things that you might not be able to do at home or they might be able to bring someone. And,just have some time where they can take a do something small. I don't know all of the things that it is going to offer but I have heard some great things that it is going to offer. I think those will be two biggest things would be the amount of people and the times. Bob Thornton: Okay. Thank you. Jeff Hodgson: Is there anyone else? Thank you very much. Crystal Pittman: Thank you. Have a great day. Jeff Hodgson: You too. Jan Rucinski: Okay,the next speaker in support is Roy Holley. Roy Holley: Good afternoon. Jeff Hodgson: Hello. Roy Holley: Members of the Commission, my name is Minister Roy Holley. I live on the other side of Baker Road on Atterbury Court. Actually, my daughter says on Pickering Street,and I have three grandchildren that are there. I'm in support of this because the youth out there need it badly. But, I would like to suggest to her that to get with the churches that are nearby so that when you have these crowds of people,you can send them to the church because we want to mentor them anyway. That is what we do. I am also a certified mentor, so,there is no problem with us helping the community because we want to change the community. And that would be a way of us helping us getting in and we will support them 100 percent anyway,whatever they need,we will support them. Because the neighborhood need it and the youth need it and we need to get their parents back with the children because I am sick of the crime in the area. It needs to stop. If somebody need to take a stand up, and I'm willing to take that stand up. And, I'm willing to help them and assist them in any way they can, so; when there is an overflow of people, bring them to the church. And the main concern when there is a whole lot of people,when he asked the question what would be the main concern, it is when they get Item #13 Virginia Beach Community Development Corporation Page 8 into a group of cliques,a lot of them in one group together.That is the time to stop this. Break that up because when a lot of young folks get together, in one group,that is when trouble starts. But as a mentor, I can see it. I can step in and we can give them something different to do. We give them different opportunities, and different chances,and we can teach them,especially about peer pressure and stuff like that. They need to know this. And, I think it is a good deal,and I hope you all will approve this, and if not,give it to the churches,we will take it. Jeff Hodgson: Are there any questions for Mr. Holley? Alright,thank you sir. Roy Holley: You're welcome. Jan Rucinski: That completes our speakers in support or this application. We have on speaker in opposition and that is Tanya Shadley. Tanya Shadley: Good afternoon. Jeff Hodgson: Hello. Tanya Shadley: Hello,Tanya Shadley. Now, I had a lot of questions,which a lot of them were kind of answered but I literally live about four doors down from this. And, one of my main concerns, is that I have two small children, 9 and one is about to be 9,who has special needs,wheelchair, does not work, non-verbal. And when we first moved into the neighborhood there was a lot of traffic in that cul-de-sac. The kids would hang out there,and they messed up our fence. They messed up our yard, and they threw trash all around, so one of my main concerns. I do think the concept is actually really great, and I do think myself would be willing to even help out. I own my own production company. I could offer some classes for the kids or something like that. But one of my main concerns is the traffic,and if we do have ten or is that ten plus parents or is that not with parents and then if you only have two volunteers on site,who is actually managing the traffic when we have extra kids there or extra people there.So, those are a couple of the main concerns and that is the reason why I was a little in opposition to it. I've kind of really in the middle now because of the registration piece. I think that will be very beneficial to kind of maintain the numbers that you would want to have for the different programs that are offered. Id o think that the neighborhood has gotten a lot better since we've moved in about 8 or 9 years ago, but there is still plenty of work that needs to be done but again, having two small children and walk back from the buses with the kids. I walk to the bus stop with the kids,the fourth or fifth graders. My son is in Early Discoveries there, so that is really one of my main things. If people do drive,on a particular day, are they going to block my driveway because we've had an accident where someone has parked right in the end of the cul-de-sac,there is a fire hydrant right there. We have it where someone has backed out of our driveway and someone's car is blocking the fire hydrant and it tapped into their bumper,and there is a whole another issue there, so;those are some of the concerns that I have,which I was kind of leaning more on the opposition side is because of those main things for me. I have son, like I said, he is disabled, non-verbal. He can't say hey, mom I need help. We're always there with him but those were some of the concerns that I have, as parent, who lives, literally four doors down from what this would be. Item#13 Virginia Beach Community Development Corporation Page 9 Jeff Hodgson: Would you feel more comfortable if there a 12 month limit put on this and it would have to come back for review to make sure that it was running properly? Would that ease your concerns some? Tanya Shadley: Yes, I think so. I think it would also give because this kind of a first time doing it, it would give them an opportunity to kind of see what works and what doesn't. At the same time,we can capitalize on what works and fix what doesn't. Jeff Hodgson: Right. Tanya Shadley: Because, again, I think the programs that could possibly be there for the kids. Acting classes, I do stage makeup. I can do stage make up with the kids and being able to have something when they register and they would come in for single moms having a resource for them. I think the concept is great. I think it needs a little tweaking. Jeff Hodgson: Good. Are there any questions for Ms.Shadley? Thank you for coming down. Tanya Shadley: Thank you. Jan Rucinski: That completes the speakers for this application. Jeff Hodgson:Would the applicant like to come up and comment on any of the opposition or support? Jessica Guglielmi: Again,Jessica Guglielmi. We are just very thankful for those who came out today to support our application. And also to Ms.Shadley,who offered to lend her support. Thank you for your consideration. Dee Oliver: I have a question. There was reference to an app on the phone that they make their registration for the classes. Jessica Guglielmi: We use a system right now where folks can register by a constant contact or through our website. That is what she was referring to. Dee Oliver: So, you do have that already in place? Jessica Guglielmi: Yes ma'am. Dee Oliver: Is that just out of lack of knowing how this works, and when you register, do you already have. Jessica Guglielmi: It's an app. Dee Oliver: One of the questions was is 12 people, 12 people,which would be six children and six parents. Jessica Guglielmi: Total. Item#13 Virginia Beach Community Development Corporation Page 10 Dee Oliver: Total. Jessica Guglielmi: Including volunteers. Dee Oliver: And does that include the volunteers, 12? Jessica Guglielmi: Yes,the 12 include the volunteers. Dee Oliver: Okay,so it is only 10 Jessica Guglielmi: It is a small group. Dee Oliver: And on your website, is there a list of all the activities by week? I guess my question to you is everything registered,or is it an open-door policy, or is it a combination of both? Jessica Guglielmi: It is still being designed. There is not currently a listing of all the activities on our website as this is still being developed. It is still in the concept stages but it sounds like registration is certainly something we must implement in order to make it successful and we are committing to doing that. Jeff Hodgson: Mr. Ripley? Ronald Ripley: Jessica,you may have said it and I missed it but you own the apartment or townhouse. And the CDC will secure funds to maintain everything and run everything? Jessica Guglielmi: Yes. Ronald Ripley: So, it will come from the City,which I assume you will get donations for or through your operating budget. Jessica Guglielmi: Yes, it will be. Ronald Ripley: Okay.Thank you. Jessica Guglielmi: We plan on doing renovations to it to make it wheelchair accessible as well, and we will be providing those funds to do that. Ronald Ripley: Thank you. Jeff Hodgson: Are there any other questions? Don? Donald Horsley: It was mentioned about putting a year on this. Would that hinder or hurt you in any way? What is your feeling on that? Jessica Guglielmi: I don't'think it will hurt us in any way. This came out from the community and the Item#13 Virginia Beach Community Development Corporation Page 11 reason why we are doing thing is because it is something we can do to help improve the community. I don't'think it will be a hindrance. Jeff Hodgson: I think Karen made a good point earlier when you said, because I was actually thinking the opposite way just to do an administrative review but the fact if you did come back,we could hear about the success of this, and it would help us to understand it better for the next go around, so I'm glad you brought that up earlier. Ronald Ripley: Mr. Chairman, it would be a shame, if she had to come back through the process, pay a fee to file the application. Jeff Hodgson: We have to figure out a way that they don't have to pay. Ronald Ripley: If we could do the review and have come back and give a presentation. Jessica Guglielmi: Thank you. Jeff Hodgson: We can do that right? Barry Frankenfield: I think we can do that. We will figure out a way. I would suggest that we just commit that we would bring it back for your review in a year with no application and if for some reason the Zoning Administrator can pull a Conditional Use Permit, if there are any problems. Jeff Hodgson: Okay. It sounds good to me. Jessica Guglielmi: Thank you. Jan Rucinski: I think that is a great idea because you don't know there may be other departments or groups or churches or something like that would like to do something in different neighborhoods, so; it would be nice to have a report card,so to speak. Jeff Hodgson: Mike. Mike Inman: I am a little concerned about putting the restriction on it that and we talked a lot about appointment,and they need to have people pre-registered and that is very desirable. I don't know if that it is desirable to say if a child shows up about and heard about and there is going to be class on acting today, and one of the buddies tells them and they want to go along and they said "I'm sorry, you're not registered". We really don't expect that to have to be done. I would hope that. I mean registration is not something that is in the conditions and I just want everybody to have an understanding of how this sort of service can work and it can happen. How things can happen with kids. Jeff Hodgson: You're saying he registers that the door, he would be okay. Mike Inman: So, I'm saying if you register at the door that should be satisfactory at least during this first year period. Item#13 Virginia Beach Community Development Corporation Page 12 Jeff Hodgson: I agree with that. Jan Rucinski: I agree with that. Mike Inman: I just want to clarify for some of the folks that spoke and expressed concern. Bob Thornton: One last question for me is the parking. If you had six parents and six children,do you envision most people walking here as proposed because you can't put six cars in your driveway? Jessica Guglielmi: We do envision that most people will come by foot or by bicycle.We do have parking in the driveway. I believe that can accommodate two vehicles right now.That is something that we could revisit in the future if need be. Bob Thornton: IF you got two people working there,that is two cars, if you have six families show up, there is six cars, so; I would trust that you would be able to manage that with letting people know if they are coming to either walk, bike or catch a ride or whatever. Jessica Guglielmi: That's noted. Bob Thornton: My fear was if you load the cul-de-sac with people, it is going to make a traffic mess, and the people who live there are not going to be happy with cars everywhere. But you are all well invested in the neighborhood,so; I assume you will take care of that. Jessica Guglielmi: Thank you. Jeff Hodgson: Ross. Ross Brockwell: And on that point,you said there proactive involvement from the police department to right, so you can make a phone call and help get the observed. Jessica Guglielmi: Oh yeah. Jeff Hodgson: Is there anyone else? Thank you very much. We'll close this to the public and open it up for discussion. Would anyone like to start? I'll say something. I appreciate everyone come down to give us your voice on this. When I came in here, I believe in the mission but I was a little concerned about the location of the Spot,and I was kind of leaning toward not supporting this but it proves that fact that when you actually come down and take time out of work to voice your opinion,that what has made up my mind on this to be able to support this application. So, I just appreciate you taking the time out of your day and spend some time with us. Ronald Ripley: I said this in this in the informal meeting but the CDC is a real hidden treasure to the City. And you can see the type of work they are doing, and trying to attempt to do. They are doing this with their own funds, and their own property to better the community, and they have been in there and are heavily invested in the community, so; I'm a strong supporter of this. I think you got a really good point here, and that was Jan mentioned that this might turn out to be a good template for other non-profits to use throughout the City, churches,etc., but it has to be handled professionally. The office you have Item#13 Virginia Beach Community Development Corporation Page 13 here,the former director, and the new director has just taken it to another height. It is going to be a nice addition. Well, it is a nice piece of fabric of our city,and I support it completely. Jeff Hodgson: is there anyone else? Bob Thornton: I just want to make a comment. I agree with what they said. I think the fact that CDC is heavily invested in that neighborhood, is very good. You know what the needs are.And you're reaching out to come up with a solution to those needs, and I especially comment the minister who is in the neighborhood, and I hope that you all can really take advantage to what he is offered you because if you run out of space, it sounds like he's got plenty more space that you could put to good use. And, if you can all get a great program in that neighborhood, I just know the kids and young people there will really benefit from it. Jeff Hodgson: Mike? Mike Inman: I just want to say that I really appreciate the initiative that is being taken by CDC on this program and I know from my experience with youth shelters and their programs of street outreach, there is real need that is being met I think will be met additionally by this new program. I would support it. Jeff Hodgson: Jan. Jan Rucinski: I will just ditto everything everybody said and I would like to make a motion to approve the application. Jeff Hodgson: A motion made by Commissioner Rucinski. Mike Inman: Second Jeff Hodgson: Seconded by Commissioner Inman. Mr. Weeden,we're ready to vote. Bill Macali: You're going to have to decide on whether there is going to be a 12 month limitation on the Use permit or not in the motion. If not,then there wouldn't be any limitation on. Jan Rucinski:Okay. I will restate my motion then. I would like to make a motion that we approve the application with a 12 month trial period with a hearing to be presented at the end of that 12 month to report on how it is going. Jeff Hodgson: With no application fee. Bill Macali: The Commission has nothing to do with the application fee. That is up to the Planning Department. Barry Frankenfield:The Planning Department commits to bring this back to you for your review in less than 12 months from today. Item#13 Virginia Beach Community Development Corporation Page 14 Mike Inman: I second Jan's amended motion. Jeff Hodgson: Mr. Weeden? AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a motion of 11-0,the Commission has approved the application of Virginia Beach Community Development Corporation with a 12 month review period to be brought back before the Commission. Jeff Hodgson: Thank you all for coming down today. I ANNIIIIIIIIIIN NO csi II Co\it" 3 ci ular/Aim, ce A CI , L1.1 i .., 11., o or o \ I f-.. +1... re', v. il i ,,. (-I A .... 1 '' , ,,.......„.....„.„ v. . .... ul 1 Ce 4r" . 0 s ---- \ 1 5 . . _ — L cc ( og 1 k S . f , Pt II 111401 1 VOtt .,. . 44 fki i I ge..1 # , . # op t.P4St 4,o .4)40 .1. 0 0 A.) 000M0 .... , „leo'43/ 1 1 1 § II --- .._‘- - \ _ \ \ , , ., .. ---(----„, —t"--I 1 V. --.„..._ T gi . ,_.... .. .- .. . ... 6 1 .. -4, ,1 I ,,... .._ -„...., sv I ....„ Pt , 1 ell .IL / t.' II . .r. . , I I ----- 3 N tt7 a VUNOJ .....,"'" an ...„,, II ..,, CZ el 1 I i f II r _., 1 1 , 1.- , X 11 Xel ;Z11.11111 Ilk 1 .....,......_ to -t----- m t & I CD 4,5 g . A/ 1 V 1 Oa S);10aked 1 Mu �y,7 O Q>, 1 III �� teams, f sJ ,,-1,,, .........41? ,,, ..,:,7,,;:... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT J. IANUCCI [Applicant/Owner] Conditional Use Permit for a Home Occupation-Firearm Sales. 1305 Willowood Lane (GPIN 2408177212) COUNCIL DISTRICT—LYNNHAVEN MEETING DATE: March 1, 2016 • Background: The applicant is requesting a Conditional Use Permit to allow for the sale of firearms from his home. He desires to provide consultation regarding firearms to customers and sell new, custom-order firearms that will be manufactured off the site and shipped to the applicant's home for distribution. Considerations: All consulting and sales will be by appointment only. The applicant is the sole employee and there will be no signs on the exterior of the home identifying the home occupation. In addition to this Conditional Use Permit, the applicant will obtain a Federal Firearms License (FFL)through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. The applicant will not keep an inventory of firearms on the site; however, any firearms awaiting pick-up will be stored in a secure safe in accordance with ATF regulations. 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. Staff received several calls of opposition to this request regarding the potential traffic generated by the use and the introduction of guns into a residential neighborhood. Following a discussion with the applicant, Planning Commission felt these concerns were addressed by the recommended conditions. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11 to 0, to recommend approval of this request to the City Council with the following conditions: 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant(home owner) and the Planning Department, and the Police Department will retain I f 1 II Robert J. lanucci Page 2 of 2 a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation to the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home- based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 9. Hours of operation for the home-based business shall be 9 a.m. to 7 p.m. No more than one customer shall be present on the site at any one time. • Attachments Staff Report Disclosure Statement Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting D- • • 1 e t/A ency: Planning Department �,% I City Manager: ,�\11/4.„,, 4 .. Applicant and Property Owner Robert 1. lanucci Public Hearing January 13, 2016 Agenda Item 8 Virginia Beach Request Conditional Use Permit (Home Occupation- 1310 ,_, ,... Firearm Sales) 1 —___ 13021A> 1313 i 131$ 1317 4 1314 7*3 Staff Planner313 70.13. R-10 1313 n R•10 131: Kevin Kemp 3o, 1u3 13a $ - 13. 11. 2 1321 ? 1303 �` �3Ox[YS`3 uIE 0 Location p� Q >E3OM 17. 1305 Willowood Lane W020 131, O �,� 30 . 3r,. GPIN 5 13,1 do 1301 °` "" d 24081772120000 c „6 33 IMO 71 Election District I <65 da DM 13. 2204 m LAUREL COVE DRIVE Lynnhaven 1170 1301 „= R-10 r, ____ — Site Size 10,300 Square Feet33,3 ,y.7.''' 2200R-15 1300 R-10 AICUZ Less than 65 dB DNL Existing Land Use Single-family dwelling Surrounding Land Uses and Zoning Districts ,a North ram.,._. '.1% 2 Single-family dwellings/ R-10 Residential r , `'N South i° +. o' -k Single-family dwellings/ R-10 Residential East '” �� p a Single-family dwellings/ R-10 Residential v West Int, c=o ... __ r r. ? Single-family dwellings/ R-10 Residential `, a t- • l„- nt f, LAUREL COVE DRIVE Robert J. lanucci Agenda Item 8 Page 1 Background and Summary of Proposal The applicant is requesting a Conditional Use Permit for a Home Occupation to allow for the sale of firearms.The applicant intends on consulting on new, custom order firearms and selling them to referrals, retired military, police, an other private security officials. All consulting and sales will be by appointment only.The applicant will be the sole employee and there will be no signage identifying the home occupation. In addition to this Conditional Use Permit, the applicant will obtain a Federal Firearms License (FFL) through the Bureau of Alcohol,Tobacco, Firearm and Explosives(ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. A City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining this Use Permit.The applicant will contact the Police Department's Crime Prevention Office (385-1066)to schedule the assessment. A report will be written by the Police Department and a copy will be provided to the home owner and the Planning Department.The assessment will consist of the following items: - Inspect all exterior lighting and recommend strategies for best lighting practices to be used; - Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide; - Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary (break-ins); - Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, frce, or any other means; - Inspect and review any alarm system that may be installed in the home; - Inspect the room and safe where any firearms,firearms supplies, firearms parts, and money may be stored as it pertains to the Conditional Use Permit to operate the business; and -Ascertain who resides in the home. If there are children, the assessing officer will review safety measures as it pertains to firearms and children. 4332 n1r : R•10 '� R-10 1342 "" 11.• _ n3 « Zoning History ... # Request MOD(Columbarium)Approved 01/12/2010 g 1 CUP(Church Addition)Approved 12/08/1998 <65 dB DNL LAUREL COVE DRIVE u., i0 R-10 , >,u R-11 1103 R-10 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 Robert J. lanucci Agenda Item 8 Page 2 Comprehensive Plan Recommendations Area Designation and Future Land Use Policies: The Comprehensive Plan designates this area of the City as Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods.Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility.To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) Natural and Cultural Resources Impacts The site in located within the Chesapeake Bay Watershed.There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts The proposed home occupation use is not expected to have any impact on traffic volume. Public Utility Impacts Water The site is currently connected to City water. Sewer The site currently connects to City sewer. Evaluation and Recommendation Section 234 of the City Zoning Ordinance provides specific standards that regulate a Use Permit for a Home Occupation: (a) Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however,this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood,and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception,the City Council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, not illuminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. Robert J. lanucci Agenda Item 8 Page 3 I I I Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant(home owner)and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one(1) month of the granting of this Use Permit shall result in revocation fo the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License(FFL)through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 9. Hours of operation for the home-based business shall be 9 a.m. to 7 p.m. No more than one customer shall be present on the site at any one time. 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. Robert J. lanucci Agenda Item 8 Page 5 Disclosure Statement 1413 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 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Appeals Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 6 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 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY 175E ONLY/4II disclosures must be updated two(2)weeks odor to an} I Page 1 of 4 Plarr Commssior ono Ciey Loused meeting that pertains to tha applicatonis;. 0 .''.°P:.,OL,r,-FlC:T-i:€U OF F,EPF, 10:`: pA?rRNA • . h 01/04/2016- KK 16/16 Robert J. lanucci Agenda Item 8 Page 6 Disclosure Statement NAB 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) • • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. 0 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 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. Roberti. lanucci Agenda Item 8 Page 7 I11 Disclosure Statement \AB Virginia Beach 1 "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. 4 1 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application 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: YES NO SERVICE I PROVIDER(use additional sheets if needed) CMI Accounting and/or preparer of ICyour tax return ElArchitect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) R 5 Construction 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 conflict of interest under Virginia law. Robert J. lanucci Agenda Item 8 Page 8 II Disclosure Statement \&3 Virginia Beach Financing(include current LA)OS /-wry 0 I3Rr4 k NA. ® ❑ mortgage holders and lenders /0 'foe 117O/ N fy✓°rK Ao- 07 selected or being considered to v 37]B� �L '/S provide financing for acquisition CoA Dv� oB 8-/.I•�/ e..� vG7� or construction of the property) goU -MU 3)/L cr fc)/ -S-o8 I 1 El Legal Services �98 -31/2 ❑ g 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 T,4 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 hea ' g, I am responsible for updating the information provided herein two weeks pri• • the Planning Commission, Council, VBDA meeting, or me-ail • • •ny p •lic ••.y or committee in connection with this Application. a Pv6e.r►(,4NuCC; 10///S APP NT'S SIGNATUR � PRINT NAME DATE PROPERTY OWNER'S SIGNATURE 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. Robert J. lanucci Agenda Item 8 Page 9 I i II Item#8 Robert J. lanucci Conditional Use Permit 1305 Willowood Lane District 5 Lynnhaven January 13, 2016 REGULAR Jeff Hodgson: We will now address the remaining items on our agenda. I will ask that our Secretary to please call the first item. Jan Rucinski: the first item on the agenda is item 8. This is an application of Robert J. lanucci for a Conditional Use Permit(home Occupation—firearm sales)on the property located at 1305 Willowood Lane, District 5, Lynnhaven. Is the applicant here? Would you please come forward? Jeff Hodgson: Good afternoon. Robert lanucci: Good afternoon. Jan Rucinski: Would you state your name for the record? Robert lanucci: Yes ma'am. Robert lanucci,Jr. This is my first Commission meeting so bear with me. Just guide me, if you would? Jan Rucinski: Oh good! This is my first as Secretary,so bear with me,and guide me. Robert lanucci: Do I need to plead my case? Jeff Hodgson: If you would like to tell us a little bit about your application? Robert lanucci: Sure. I'm a lifetime member of this community,going on almost 50 years. I come from a military background. My father is a retired Navy Captain, brother is a Navy chaplain. I'm proficient in firearms use. I'm a life time and founding member of Front Site, in Nevada,which is an elite firearm training academy. I am also a funeral director like Ms. Dee Oliver,and licensed in Series six in 1963,as a financial planner with Nationwide Securities. I've spent a lifetime in this community as a financial advisor. I've passed numerous background checks from the Chief of Police,who has been very good to me,as well as your Planning Commission. I have been assigned Sarah Rouse,who is my investigator for the ATF, so I am good to go with the Federal government,with my background checks. I just need the blessing of this Commission, and then City Council. It is a very basic application, so I've been told, but I have come before you to get this application approved,then go to City Council, if I am correct. Are there any questions? Jeff Hodgson: Are there any questions for Mr. lanucci? Thank you sir. Item#8 Robert J. lanucci Page 2 Ronald Ripley: Let me ask a question. Robert lanucci:Sure. Ronald Ripley:There was considerable discussion in the informal session about this. Were you there? Were you in the meeting we had before? Robert lanucci: No, I wish I was. I was told to come to this meeting. I would have like to have been. Ronald Ripley: I guess it really centered around the nature of your business. Robert lanucci: Good question. Ronald Ripley: Tell us how your business will operate. How would somebody actually engage with you to buy a firearm or get an appointment to come to see you? How would you process receiving the firearm and delivering,and those types of things? Robert lanucci: That is a great question. Very simply, Federal law requires you have to be a Federal Firearms License holder to do the transaction to buy a firearm. I am ready to go as far as Federal Government. I just need to be able to make the transfer. I'll be a consultant,so I'll be dealing with mostly military retirees,active duty, police,and my nephew is a police officer in this fine City,so I have a lot of contacts that know me. It is mostly by referral only. There will be no signage and no one will know that there is any business at this residence,which is my residence. It will be by appointment only. As I said, everyone will be known to me. The firearms come in,and they are actually built by a member of my family in New Hampshire. They are precision made firearms. They are not your typical gun store type of transaction or used weapons. These are brand new made precision weapons. They will come in via UPS or typical transportation. I have to, by the rules, receive it,and then keep it there, do the background check, and then make the transfer. It is basically consulting,and designing these things and then to transfer. It is very simple. Ronald Ripley: So,when you receive it, if you're not there,what happens? Robert lanucci: I am there. Ronald Ripley: What if you're not there and UPS shows up and they want to deliver it? Does it go to the post office,and now you're not here to get it? Robert lanucci: That is correct. It is my understanding through Sarah Rouse that you have to be there to pick the package up. She will guide me on all of that too. I've had several hours of meeting with her, and Sarah is waiting for the good to go from you guys. Ronald Ripley: So, if I was buying a firearm from you,would you have it stocked? You would have these in your house or would you order it special and it would be delivered to you just specifically for me? Robert lanucci: yes. It would be ordered and designed for you,sent to me as the FFL, Federal Firearms License Holder. I would be able to make the transfer, run the background check, and deliver it to you. 11 Item#8 Robert J. Ianucci Page 3 Ronald Ripley: So, how would I see the product through beforehand?Would you have those on display in your house? Robert lanucci: No displays. There would be no inventory. There would be no ammunition. There would be no gunsmithing. It is basically a transfer place. There is a website that I sent clients to. It is professional. They can work with him for the design of this said firearm. I am just the legal transfer. It is not like SP&G here. It is nothing like that. IT is a very,very simple process. Ronald Ripley: Have you talked to your neighbors about it? Do they have any concerns? Robert lanucci: No. My neighbors in this section of Great Neck that I am are, most retired military Special Forces. A Navy JAG lives across the street from me. He just moved, but everybody is very close and professional. The next door neighbor is an IBM Executive.She works for the government. They know me. I was former President of the Civic League,so I am a known entity there, and I have lived there almost 20 years. It is no problem.The house is maintained beautifully. Like I said,from the street, it is home with a big huge driveway. Jeff Hodgson: One quick question. You mentioned you were involved with a training facility out west. Was it Arizona? Robert lanucci: Front site. Jeff Hodgson: Front site. Okay. Robert lanucci: Just to give you some of my background. I am extremely proficient in the handling and safety of all firearms. I just returned from a week in the desert training on weapons. It is very elite. It is very expensive. So, I am invested in my own application and safety,as is my wife. Both of us are professionals,financial planners, and were involved in firearms. We are very knowledgeable of it. Front Site is a world class training institution for safety and operation. It is second to none. So, I am extremely qualified. Bob Thornton: Do you have a question? Donald Horsley: No. I'm just going to a make a comment. I think your comments have answered a lot of questions that we had this morning because we were under the impression there might be an inventory of firearms kept on the site.You're just the in-between guy between the manufacture and the client, and you receive and get the background check,and deliver the firearm. Robert lanucci: Yes sir. I work with the state police,very closely with the ATF. I'm monitored. It is very, very serious. I understand that. And we have very strict paperwork. I am monitored by Sarah,as my own agent that looks over me. And, it is just a pass through entity,and a consulting.The design phase is done in New Hampshire, with the help of my family,over the phone and internet, and then it comes in and I do the background check through the State police. It is very simple. No inventory. Also,thank you for reminding me of that Mr. Horsley. I have a state-of the-art security system. If it does come up and sometimes the police want to come by,which I would love, my security system is on par or better than any gun store,and I do have a law enforcement type of, I think it is California certified safe. It is a Item#8 Robert 1. lanucci Page 4 modern safe, so the amount of guns that I will have or that I own are stored behind a security system, and stored within a genuine safe,with a computer lock on it. Bob Thornton: Let me just make sure,you have a manufacturer in New Hampshire that if I was to go on the website, I would engage them to make a gun for me? Are these hand guns or long guns? Robert lanucci: They are long guns. Bob Thornton: They are long guns. Would one consider them assault rifles or hunting rifles? Robert lanucci: Sporting. Bob Thornton: Sporting. Robert lanucci: It is a 2-2-3, 22 caliber. Bob Thornton: So,once that gun has been ordered by me, it has got to be sent somewhere,so they would mail it to you,and when you get it, I would come by and pick it up but I pay them for it, right? Robert lanucci: You would pay me. Bob Thornton:okay. Robert lanucci: Since I would be a FFL. Then I could do the background check, and do transaction. It is a great question. David Weiner: Will all of your clients be local? Would anybody be coming in from out of state or just Virginia? Robert lanucci: It is my understanding the guys at the ATF I have to deal with in Virginia. All of my friends that are in the business say that is the way to do it. If I want to go to gun shows in other areas, I have to do that. I have to work that out. My intention is just again,to be very small and local,dealing with my network of friends and family in this community that I have known for so long. Bob Thornton: How many of these do you anticipate in a typical a year? How many of these would be delivered to you and resold? Robert lanucci:Should be just a few, 10 or 20. I don't foresee it as being a large number at this time. I don't really know, but I could tell it is not going to be a large amount because it is expensive, and it is quality. It is all hand made in America. It is all United States products,so it is something that your average person may be interested in. I have a lot of people in law enforcement that are retied and current military folks that would probably be my clients. It is pretty specialized. Jeff Hodgson: Mr.Wall. Jack Wall: Do you have any other place of business? You have a financial business. Is everything tied to Item#8 Robert J. lanucci Page 5 your house? Robert lanucci: My wife and I are partners, but I split because I just became a nationwide financial planner. She is a Farmers Financial Consultant. She has her own office, and I'm in practice with Richard Braun at Nationwide as a financial advisor now. Jack Wall: So,you have a different place of business for that as opposed to working out of your house as well. Robert lanucci: They are totally different locations. Jeff Hodgson: Are there any other questions? Karen. Karen Kwasny: Your appointment timeframe is going to be within normal business hours? Do you have a range of when? Robert lanucci: Correct. I would say by appointment only. Because my financial practice is like attorney, dentists and professionals, I only try to see people by appointment if I can. It is the same with this. It will be very limited,again, in appearance from the street. There will be no change in anything that anyone would know because it is going to be only by appointment, so; I 'm going to have strict control of that during normal business hours during the day. It is a great question. Karen Kwasny: I think that was, at the meeting that Ron was referring to earlier. It is our informal meeting,so you wouldn't have been able to present anything at that meeting, and you would just hear the discussion that we had in there. The one topic that kept coming up was turning a residential house into a retail business where you're going to have foot traffic. I think that was one of the big topics of discussion this morning. . Robert lanucci: Yes sir. Jeff Hodgson: So,what you're saying and I'm just going to reiterate that. This will have very limited traffic by appointment only. And you clarified that due to ATM regulation that firearms will not be dropped off on his doorstep. He would have to be there to receive those. Robert lanucci: right. Jeff Hodgson: Is there anything else? This morning when we were discussing, I still thinking that it was the number one topic was turning a residential neighborhood into a retail establishment with foot traffic. Robert lanucci: Which from the design that your staff helped me with, I hope the verbage is correct. Forgive me because I am new to this. It is very exciting and very interesting. I believe when we wrote it up, I didn't intimate that it is going to be consulting. I think that is the best fit for the terminology. Jeff Hodgson: We were trying to think back to the ones we did in the past where there home business is like this, and they firearm, and after the applicant,say yourself received it, it was then sent back out to i II Item#8 Robert J. lanucci Page 6 a FFL retail location, where the customer went and picked it up. This is going to be different. You're not going to be resending it to a FFL. You're going to act as the FFL pick up spot? Robert lanucci: Yes sir. I will be the FFL. You have to be by Federal law to receive it. Jeff Hodgson: Correct. What they were doing differently so they didn't' have foot traffic coming to the residence. Robert lanucci: I don't know how they would do that because I know the Federal law is clear. You have to receive a firearm.You have to be a FFL. Jeff Hodgson: Correct. Usually a FFL would receive it,then you would send it to a local,then it wouldn't have to be local, if you had a customer in the county,you would send it to another FFL business that is what they do 9 a.m.—5:00 p.m.,and the customer would come there to pick it up versus coming to their house and getting it. So, it was still FFL to FFL transfer. Robert lanucci: I see. Jeff Hodgson: Butt his is different. You're going to also act as essentially the store front. Robert lanucci: Right,the transfer station. Jeff Hodgson: Okay. Bob Thornton: Do they come to your house to get involved in the design phase or does this company make. I mean, if I went online,you told me where the website was and I decided to have a gun made, do I go online and order it myself and simply come to your house and pick it up or do I come to your house and go online, and you and I sit there together and design it, and figure out what to make? How does that work? Robert lanucci: Typically,what would happen is with the internet and people's time and convenience, we would over the phone, could look together on the internet. We could design it.You could have access to RTD and call them. You could talk directly with the manufacturer. They encourage that. I could assist in the design of it so it could be a team approach. But usually it would be overt the phone. It would be very streamline. Again,as I've had it done myself,the State police when everything is operating correctly, it takes minutes. So, it is a very,very, simple and quick transaction. Most of it could be done over the internet and over the phone.Again, it is going to be just a place to come. Jan Rucinski: Looking over the recommended conditions,there is no condition on how people are coming and by appointment only. Would you be opposed to having a condition added that sales are done by appointment only? Robert lanucci: That would be fine. Whatever you guys suggest? That is wise. It fits with my business model anyway. Item#8 Robert J. lanucci Page 7 Jan Rucinski: I do have a concern with people just coming by and turning it more into a store front kind of thing in a residential home. Robert lanucci: No,there would be no chance of that happening. That is not what I am doing, again, it is consulting with my knowledge, and helping people that are interested in it and getting that to them. That is it. Jan Rucinski: Okay. Jeff Hodgson: Mr. Brockwell. Ross Brockwell: And just to clarify, some of the differences with previous applications were part of their business was actually customization and gunsmithing on the premises. Robert lanucci: I saw that. Ross Brockwell:You stated earlier,and just to clarify,you're not going to anything.You won't have a shop.You won't have inventory. Robert lanucci: No. Ross Brockwell: Your business is consulting, and then receiving and being the FFL to distribute? That's the limits of your business. Robert lanucci: Yes. Mr. Brockwell,that is correct. No gunsmithing. No ammunition sales. I know that is sensitive and I did see through the Planning Commission that there have been other folks that have done this,and they did more expansive things. I'm going to be very stream line. There would be no tooling. No gun powder. It is going to be basic transfer. Very streamline and vey simple and safe. Jeff Hodgson: Are there any other questions? Karen? Karen Kwasny: Can we add to the conditions that Jan mentioned a time frame for the appointment so that it is not people coming around all hours of the day and night for the neighbors. I think that would be a concern of men. Robert lanucci:Sure. Jeff Hodgson: Is there any time that anybody would like to propose for that condition? Robert lanucci: That is fine. Jeff Hodgson:What hours would you be able too? Robert lanucci: Would 9:00 a.m.—7:00 p.m. be okay because 9:00—5:00 p.m. is kind of a small area. Karen Kwasny: I was thinking the after work hours that people would want to come. I I II Item#8 Robert J. lanucci Page 8 Robert lanucci:Sometimes were business people, important people. Is that reasonable? Jeff Hodgson: Okay. Is there anyone else? Thank you. We'll see if there are any other speakers. Jan Rucinski: I have no other speakers on this. Jeff Hodgson: No others? We'll close the public hearing and open it up for discussion amongst the Commission. Would anyone like to start? Jan Rucinski: I feel better about it after hearing him talk than just in a conversation this morning but would like to see about having the conditions changed to put sales by appointment only from the hours of 9 a.m.to 7p.m. Jeff Hodgson: Okay. Is there anybody else? Mr. Inman. Mike Inman: I move we approve the application with the addition of the condition that there be a time frame of 9 a.m.to 7 p.m. and by appointment only. Jeff Hodgson: A motion made by Commission Inman. Is there a second? Don Horsley: I'll second it. Jeff Hodgson: A second made by Mr. Horsley. Don Horsley: That will be fine. Jeff Hodgson: Mr.Weeden? Ed Weeden: The vote is open. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved item 8,the application of Robert lanucci, with the additional conditions of appointment only, and hours from 9 a.m.to 7 p.m. Item#8 Robert J. lanucci Page 9 Jeff Hodgson: Thank you sir for coming clown. Robert lanucci: Thank you. Z tam \\ I .....,.................„.....„,„----- peoti ..1 al ea , 00040000410.4.000000000000000 ims , ' ""------...,„ ,.......„-----------a- i I L . TN p um / g o MIMI 0 = C V Nil P, %N44. NN.Nssis%N„ s..........NNN„. in = g &0 7IS / We) '''N.N.N.N.s.s.NN.s.NN\NN,N,'N'SN'eaNN j / / I OM / sNsfr'N, iti,j 1g / / I / GNU^ , 41, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEVE'S MOBILE TRUCK REPAIR [Applicant] NEWTON THURSTON, LLC. [Owner] Conditional Use Permit for an Automobile Repair Garage. 5900 Thurston Avenue Suite A (GPIN 1459931541). COUNCIL DISTRICT— BAYSIDE MEETING DATE: March 1, 2016, • Background: The applicant has been operating an automobile repair facility on the site, zoned -1 Light Industrial, and was recently informed by the Zoning Office that a Conditional Use Permit is required to continue to operate. The business has one employee and the hours of operation are Monday through Friday, 8 a.m. to 4 p.m. • Considerations: The applicant will conduct light automobile and truck repair activities such as oil changes, brake replacement and battery replacement. There will not be any body work or vehicle painting performed on the site. All repair activities will occur within the existing building and there will be no outdoor storage of vehicles or parts. The proposed automobile repair operation is consistent with the vision for this area, located within the Burton Station SGA. Further details pertaining to the site, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All vehicle repair shall take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked Steve's Mobile Truck Repair, LLC Page 2of2 by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmen - • -ncy: Planning Departme i1 %`. City Manager: 416 ( , +SLI IVBApplicant Steve's Mobile Truck Repair Property Owner Newton Thurston, LLC. Public Hearing January 13, 2016 Agenda Item 7 Virginia Beach Request Conditional Use Permit (Automotive Repair Garage) 417 it �e Staff Planner �y�° Jimmy McNamara ``' ,e `r ,e° N 1-1 `Q" Location �'' 5900 Thurston Avenue Q GPIN 14599315410000 61Fil ..,,,0 ///// ,. 0 Election Districtr. Bayside ThurstonAvenue , t— Site Size / 65,210 square feet AICUZ 1-1 Less than 65 dB DNL Existing Land Use Industrial building V 1 Surrounding Land Uses and Zoning Districts ,ec ` - North �9 ° ..„ • Industrial building/ 1-1 Industrial `` { �4. South " Thurston Avenue ` Industrial building/ 1-1 Industrial - _z., East ' Industrial building/ 1-1 Industrial _ West T - Industrial building/ 1-1 Industrial Thurston Avenue • t Steve's Mobile Truck Repair Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for an Automobile Repair Garage. • Steve's Mobile Truck Repair has been operating an automobile repair facility on the site for eight years. The business employs one employee. • The auto repair business is in operation from 8:00 a.m. to 4:00 p.m., Monday through Friday. Areas of service include: truck and fleet repairs, oil changes, brake repair, battery replacement and other light repair activities. No body work or paint work take place on the subject site. Repairs and storage of any materials will take place within the building. 1-1 Qo H 4 J� F ,mac 11 Zoning History 3 # Request 1 CUP(Automotive Repair Garage)Approved 04/09/2013 1 2 CUP(Cellular Telephone Antenna)Approved 05/27/2014 3 CUP(Bulk Storage Yard)Approved 01/10/2012 / Thurston Avenue m 4 CUP(Cellular Telephone Antenna)Approved 09/08/1998 1-1 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 _ Comprehensive Plan Recommendations This property is located in the Burton Station Strategic Growth Area, as identified by the Comprehensive Plan and the Northampton Boulevard Corridor SGA Implementation Plan (also known as the Burton Station SGA Plan), which was adopted on January 27, 2009.The Burton Station SGA Plan identifies this site within the Airport Industrial Park portion of the Burton Station SGA. Plans for this area are to retain the existing buildings and increase connectivity and access. Land uses will continue to be industrial in nature, including flex spaces and research and development, and commercial office space. Natural and Cultural Resources Impacts This site is fully developed with a one-story building and associated parking area. 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. Steve's Mobile Truck Repair Agenda Item 7 Page Traffic Impacts Street NiOne ikaient Vol .u Baker Road 8,162 ADT 1 9,900 ADT 1(LOS 4"D") Existing Land Use 2—20 ADT No count data 6,200 ADT 1(LOS 4"C") Proposed Land Use 3-20 ADT Thurston Avenue available 9,900 ADT 1(LOS°"D") 1 Average Daily Trips 2as defined by 3,828 square 3as defined by 3,828 square feet of 4 LOS=Level of Service feet of auto repair center auto repair center Master Transportation Plan and Capital Improvement Program Baker Road is a two-lane collector road in the vicinity of this site with a right-of-way of 66 feet. The Master Transportation Plan shows a two-lane minor collector with an ultimate right-of-way of 70 feet. Thurston Avenue is a two-lane collector in the vicinity of this site with a right-of way of 60 feet. No improvements are shown on the Master Transportation Plan. Public Utility Impacts Water The site currently connects to City water. There is an existing 12-inch City water line along Thurston Avenue. Sewer The site currently connects to City sewer. There is an existing eight-inch City sewer gravity main along Thurston Avenue and an existing 10-inch City sewer force main at the rear of the property within a 15-foot Public Utility Easement. Evaluation and Recommendation The proposed Conditional Use Permit application for an automobile repair garage is, in Staff's opinion, consistent with the land use and vision for this portion of the Burton Station SGA.Additionally,the use is compatible with the existing and recommended light industrial surrounding the site. No additional site improvements are proposed with this request and all repair work will take place inside the building. Based on the findings above,Staff recommends approval of this request subject to the conditions below. Steve's Mobile Truck Repair Agenda Item 7 Page 3 Recommended Conditions 1. All vehicle repair shall take place inside the building. 2. No outside storage of equipment, parts,or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 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. Steve's Mobile Truck Repair Agenda Item 7 Page 4 Proposed Site Layout v , 4 § I }\ S| 4( \ (( § § r§ ` --- . - y * $ | , ! , li I§ �« a � __ -H I /.._�\_�� _-- — ! \ / [� 1IIL 1 1 II II II . ! q j t . , ill, Il * : L !' :-- — , ! • _ _ .__ -- �. i \ •_ K I 1 [ l! 4 I . VA ) . i i ( , its 1q| i ! ! , !b; , | , | !\| | ! . Hi 11 ii ! !hHn ; II § | ! U ) . jM } th Steve's Mobile Tuc Repair Agenda Item 7 Page 5 Site Photos C s-' "- .., k. ,, , 1 _ w Minarirings#1.1. „ MI= i s. i0 . ....- -...., 5 # Vet .,,:,'''7-'''Ti'' '''- ,'''A r" s + _ . x HS Steve's Mobile Truck Repair Agenda Item 7 Page 6 1 11 Disclosure Statement • nvar 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 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative G Economic Development , Nonconforming Use Compliance,Special Investment Program Changes { Exception for (EDIP) Board of Zoning • Encroachment Request ; Rezoning ;_Appeals Certificate of I 9 Floodplain Variance 1 Appropriateness Street Closure (Historic Review Board) Franchise Agreement I Chesapeake Bay 1 Preservation Area Lease of City Property I Subdivision Variance I Board Conditional Use Permit I I License Agreement i Wetlands Board 4 ► 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 1 / APPLICANT DISCLOSURE D Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT 15 a corporation, partnership, firm, business, or FOR CITY USE ONLY/All d us dom.ret.must be updated re.e,i?)wrcirs prior to any Page 1 of 4 Pla+,n;nr•Comm ssian and Lacy Court•:mer"inq that pe•tairs to the applicariptsl. APPLICANT NOTIFIED OF HFARH:G DATE: tipi0 NO CHANCES AS OF p:�-r in REVISIONS SUBMITTED Ca E: 2,/11/ Steve's Mobile Truck Repair Agenda Item 7 Page 7 Disclosure Statement • • Virginia Beadt:. - • other unincorporated organization, AND-THEN-, complete the fo'llowang:•-' (A) t ist the Applicant's name followed by the names of all officers,directors, members, trustees, partners, etc. below: ('Attach fist if necessary) 'S Stet/ ky r Sr. (}vJVL.1'fe•• (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the App:icant: (Attach list if necessary) see next page for information pertaining to footnotes ane 2 4 - SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If vroverty owner is different fromw4 Ji ant. Check he'e if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. • • - [7Check here if the PROPERTY OWNER/S a corporation, partnership, firm, — business,or other unincorporated organization, ANP THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members trustees, pxtpers,etc. elow: (Attach list if necessary) 4,4\44.04_ v: 6;tG ... a.0 \ 17-1,04,t .LLt.., (T` N. ,i,t 11 U f 5 U " t2 d L' � t-t ce (B) List the businesses that have a parent-subsidiary r or affiliated business entity z relationship with the Property Owner: (Attach list if necessary; tl'i The disclosures cortained in this form are necessary to inform public ?age 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia lava Steve's Mobile Truck Repair Agenda Item 7 Page 8 APPLICANT Virginia ., v' is Beach YES NO SERVICE PROVIDER (useadditional sheets if needed) cZ Accounting and/or preparer of your tax return El xi Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 5E1❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 111 Construction Contractors Engineers / Surveyors/Agents Lgvi c S yr yeyy 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 / D-d Agents/Realtors 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 ❑ CA 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 7 11 Disclosure Statement • • • rAacr - 'Virginia Beach. • "Parert-subsidiary relationship' means "a *elationship that exists when one corporation d reCt"y or indirectly owns shares possessing more than SO percent of the vot ng power of another corporation." See State and Local Goverr Tent Conflict of interests Act,Va. Code§2.2-3101. 2 "Affiliatec 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,(li)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 substantial:y tie same person own or manage the two entitles; there are common or commingle*funds or assets: the business entities share the use of the same offices or emp cyees cr otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles" See State and Local Government Conflict of interests Act, Va.Code s 2.23101. i 0 SECTION 3. SERVICES DISCLOSURE C - n e✓� Are any of the following services being provided In connection with the subject of the application 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: ES l NO L SERVICEI PROVIDER(use additional sheets if] I tneeded L Accounting and/or preparer of I L� your tax return (� E Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than IUI174 the Applicant)-identify purchaser and purchaser's service providers I Any other pending or proposed 7 purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) L_J Construction Contractors pEngineers/Surveyors Pie disclosures contained in this form are necessary to inform pu±(ic Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under V.rginia law- Steve's Mobile Truck Repair Agenda Item 7 Page 9 Disclosure Statement , r Virginia Beach.: . Financing (include current E2 mortgage holders and lenders ! L_ selected or being considered to provide financing for acquisition or construction of the property) 1-1 CO Legal Services Q I Real Estate Brokers/Agents for current and anticipated future sales of the subject property 4 ► 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 Thee subject ect Iand orpublic actianyon?proposed development contingent on tsub 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 me•,in• of an •ublic b.d or committee In connection with this A•plicatlon. ir ;mow PPLLIIcAtrrs SIGNATURE PRINT NAME f DATE /,L -'. 1.1 `A - _ - r f C- _C /_(..5,D A---_.�r • �f f i� "- PROPERTY OWNER'S SIGNATJF{7rte N I PRINT NAME ' DATE # +ar The disclosures contained in this form are necessary to inform public Page 4 of 4 officials we may vote on the applicaton as to whether they have a conf.ict of interest under Virginia law. Steve's Mobile Truck Repair Agenda Item 7 Page 10 11 Item#7 Steve's Mobile Truck Repair Conditional Use Permit 5900 Thurston Avenue District 4 Bayside January 13, 2016 CONSENT An application of Steve's Mobile Truck Repair for a Conditional Use Permit(Automobile Repair Garage) on property located at 5900 Thurston Avenue, Suite A, District 4, Bayside. GPIN: 1459-93-1541-0000. CONDITIONS 1. All vehicle repair shall take place inside the building. 2. No outside storage of equipment, parts,or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 for consent. Steve Sahr appeared before the Commission. ••••••,—— 0> A . , ____ m- , . , „,. . ,... ..,. . . .. ‘ ..-r",.. K:::, .... .. , . 4.. .•'' ':-. 0 0 ...'..\,. ... , \ , ,g, ,, \ ' \tk.N ‘ • '. IN I r... 03-------.. iet „.0011116. ,, \ ,,, \ •N 144. \ . 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CO '. 11 Irlir=P Nik 071. . • .. :11041(1, .. ....::: :- lIZ :'` ', : i % ' Illikk '..\', 'L '..: 4 S,dtkik CD.1 '.. 14.104 „ , 1 4kt 1 .... ,, ;.,.,,,_•„.•...,,,, \cc:7c: „th, , .. ..... ,.-.,, \ , u,...:„......„ ,,. ,,r5)--•_. lik ,••‘_,•:_; • \\ . .\\:.\\:-':\, • ...\\ •• , '..-, 'oz.- , - ,..., • . • . . . . , .. ..........0,,,,--J. . •--- . . .:\ , A .. ........ . ...... -...,-.-- .., , .„ . , ,._.. „ , . .. ,. . \ % ...: .,.,... . , ,.. . i , ., .. :;: ::: .. „,„..,„ 0 r... . .C:: , \ 4,4,, „, i . ,.. , . . ..' a, 1 'SI , ., „ ,,v .A! . illi* IA 1 'IA N,..•:Y\ 1 - ' ' ' • ....... ..,,,,. . ......\. . .. \ . . , • _... • .. , \\\\\,,, . .... 4 le.'' 4, 04 .,„, • . c , . , sik\\\\ • A, •c\>,,,..... ,, \' (> * •fr- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD GARDEN MARKET, LLC [Applicant] BRANCH BANKING & TRUST COMPANY [Owner], Conditional Use Permit for an Open Air Market. 3112 Virginia Beach Boulevard (GPIN 1497153700). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: March 1, 2016 • Background: A Conditional Use Permit for motor vehicle sales and service was approved on this site by City Council on December 9, 2003; however, that project never came to fruition. This request is for a Conditional Use Permit to operate an Open Air Market. Previously, a Peddler's Permit allowed the market to operate on this site, but as Peddlers' Permits are short-term, a Conditional Use Permit is required for a permanent operation. • Considerations: The applicant is seeking a Conditional Use Permit to operate a 7,000 square foot seasonal, temporary, retail garden market. The temporary improvements include the assembly of shade canopies, a checkout kiosk, a split rail fence, and screening fabric. The market will be enclosed with the fence and the screen, which is a weather-proof fabric attached to poles mounted to the surface of the parking lot. The market is proposed to operate from March 1st through July 31st, between the hours of 8:00 a.m. and 8:00 p.m. At the end of each season, all merchandise and improvements will be removed from the property. Further details pertaining to the site, as well as staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The layout of the seasonal market shall be limited to 7,800 square feet and shall be located on the site in substantial conformance with the concept plan entitled, "Proposed Site Plan," prepared by McDonald Garden Market, dated 12/15/2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. McDonald Garden Market, LLC Page 2 of 2 2. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 3. The open air market shall be limited to the operation between the months of March to August and shall be open only during the hours of 8:00 a.m. to 8:00 p.m., seven days a week. 4. All signage on the site, including any signage or graphics on the fabric screen and fence, shall be in compliance with the sign regulations of the Zoning Ordinance, and shall be submitted to the Zoning Administrator for review prior to installation. 5. The applicant shall construct the shed/kiosk in accordance with the submitted Engineer's Report, prepared by Roland E. McPherson, P.E., and shall be presented to the Building Official's Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official's Office, prior to the issuance of a building permit, by a professional engineer licensed by the Commonwealth of Virginia, or by any other professional deemed acceptable by the Building Official's Office. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmen _ •ency: Planning Departmen 4r City Manager: Applicant McDonald Garden Market, LLC Agenda Item Property Owner Branch Banking and Trust Company Public Hearing February 10, 2016 3 CityoJ City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Open Air Market) pace 0,..,ntNm 4%. / Staff Planner 1 y°''= i n�dh D^y` Milford late i F l % eR Carolyn A.K. Smith tooO,- .;r rs �;,e. V HF 1 Sa,, n Jy TJ a, r Location }` a 2 ctrl s 4, 3112 Virginia Beach Boulevard ci "c. 65-76dBDNL 6 tynnhaven Road e GPINi. acf r 14971537000000 t N. vt Site Size 'q, `� lea 7O75dBDNl ... 4 0 58,000 square feet—total of property 7,000 square feet—market area h��vad AICUZ N/140.'6"‘ c n e 65-70 dB DNL 1 e / a Francs land lane ., 63 0 Existing Land Use Financial institution, remnants of auto service business Surrounding Land Uses and Zoning Districts • , -- ` ,�",lei North * .kt. /' D rw--4* S'- Single-family dwellings/ R-7.5 Residential e ti.N►' vetl'�_.-• 2 `��,4 South 'ilk Virginia Beach Boulevard , i' _ fi , Mixed retail/ B-2 Community Business AV • s ;y*..' _ .,,r to East - ,q +� • • w ,.* til Kings Grant Road x /04, �► Multi-family dwellings/A-12 Apartment r`� .�A �,1- t.' ° :r t' Fuel sales/ B-2 Community Business f *Mt k West ,:or,,,...,, 'w . . Auto sales parking lot/ B-2 Community ,d ,_ Business ' oe�leva a., Illik n l McDonald Garden Market, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The entire parcel is approximately 58,000 square feet and includes a financial institution and the remnants of an auto service station. • A Conditional Use Permit for motor vehicle sales and service was approved on this site by City Council on December 9, 2003; however, that project never came to fruition. • The applicant is seeking a Conditional Use Permit to operate a 7,000 square foot seasonal,temporary, retail garden market. • The temporary improvements include the assembly of shade canopies, a checkout kiosk, a split rail fence, and screening fabric. The market will be enclosed with the fence and the screen, which is a weather-proof fabric attached to poles mounted to the surface of the parking lot. • The market is proposed to operate from March 1St through July 31ST, between the hours of 8:00 a.m. and 8:00 p.m. • The products offered for sale at the market include: annuals, perennials, trees, shrubs, garden supply items, garden accents, outdoor furniture, and planting containers. • At the end of each season, all merchandise and improvements will be removed from the property. • In accordance with Section 203 of the Zoning Ordinance, the existing financial institution requires nine parking spaces and a 7,000 square foot open air market requires 28 spaces;therefore, the total parking requirement is 37 spaces.There are 40 parking spaces provided on the 1.33-acre site. /,,\\‘,..\"4", s A,, Qo� A AL '0,, y��. •� ,o Zoning History /4..�� , a�♦ j o-°� { # Request P /' © __ \`\3 1 CUP (Religious Use)Approved 05/26/09 C'%a,— rr 1:11,r, ��0' �% 2 CUP (Motor Vehicle Sales and Service) Approved � 0� ,:" 12/09/03 3 CUP (Motor Vehicle Sales and Service expansion) Approved (02/22/00) \ % CUP (Motor Vehicle Sales and Service, Storage) Approved (02/10/98) 1 s` ` t v\\ 1 n' Application Types t 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 McDonald Garden Market, LLC Agenda Item 3 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the "Suburban Area" and contains policies to guide and protect the overall character,economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area.Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality,create and protect open spaces,and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential,either maintain or enhance the overall development of the area.This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, buffering of residential from non-residential with respect to type,size, intensity, and relationship to the surrounding uses. (pp. 3-1 through 3-3) Natural and Cultural Resources Impacts The site is within the Chesapeake Bay Watershed.As the site is already developed,there do not appear to be any significant environmental or cultural features on the site. Traffic Impacts Kings Grant Road No Data Available 6,200 ADTiC" (Cosa" ) Z_ 9,900 ADT (LOS D ) Existing Land Use 253 ADT Virginia Beach Boulevard 39,400 ADT 34,940 ADTi(Cosa`IC„) Proposed Land Use 3 58 ADT 56,240 ADT (LOS "D”) 'Average Daily Trips Z as defined by a typical 3 as defined by 1,600 square feet of a LOS=Level of Service commercial use garden retail Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no roadway projects in either the MTP or the CIP slated for this portion of Virginia Beach Boulevard and Kings Grant Road. Public Utility Impacts Water&Sewer This site is currently connected to City water and sewer. No impacts to service are anticipated. Evaluation and Recommendation The seasonal use of this site for an Open Air Market is, in Staff's opinion,a good re-use of a former auto service station that is otherwise a vacant site. Previously, a Peddler's Permit allowed the market to operate on this site, but as Peddlers' Permits are short-term, a Conditional Use Permit is required for a permanent operation, albeit seasonal. The applicant operates similar garden markets throughout Virginia Beach. The components of the markets are essentially the same: the installation of a shade structure,a sales kiosk/shed and low-height split-rail fence with fabric. As submitted with this request,the signage depicted on the fabric proposed to aid in screening the merchandise may McDonald Garden Market, LLC Agenda Item 3 Page 3 111 exceed the City's sign regulations. Staff is recommending a condition that the sign and graphic information be submitted to the Zoning Administrator for review prior to installation of the fence to ensure consistency with the Zoning Ordinance. Staff finds that the seasonal market is complementary to and compatible with the surrounding uses.The garden market is expected to generate less traffic than the former auto service station. Staff believes that the request is consistent with the recommendations in the Comprehensive Plan's land use policies for the Suburban Area, as it provides a temporary infill use of an otherwise vacant site, has limited environmental impacts, and will be an attractive display. Based on this,Staff recommends approval, subject to the conditions below. Recommended Conditions 1. The layout of the seasonal market shall be limited to 7,800 square feet and shall be located on the site in substantial conformance with the concept plan entitled, "Proposed Site Plan," prepared by McDonald Garden Market, dated 12/15/2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. As required by Section 239.03 of the Zoning Ordinance,there shall be no less than one (1)trash receptacle per one thousand (1,000)feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 3. The open air market shall be limited to the operation between the months of March to August and shall be open only during the hours of 8:00 a.m.to 8:00 p.m., seven days a week. 4. All signage on the site, including any signage or graphics on the fabric screen and fence, shall be in compliance with the sign regulations of the Zoning Ordinance,and shall be submitted to the Zoning Administrator for review prior to installation. 5. The applicant shall construct the shed/kiosk in accordance with the submitted Engineer's Report, prepared by Roland E. McPherson, P.E.,and shall be presented to the Building Official's Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official's Office, prior to the issuance of a building permit, by a professional engineer licensed by the Commonwealth of Virginia,or by any other professional deemed acceptable by the Building Official's Office. 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. McDonald Garden Market, LLC Agenda Item 3 Page 4 Proposed Site Layout e _______\,_------ _-- ---,.--s - ter- -----; , Shade Canopies ---` \ Fencing and 4 1. r--` Barrier \ ' _,..--------1—A _,--j \ ,- .j • Checkout Kiosk ('1 . .....----t,ti .,\ \ Parking `~ ti t McDonald Garden Market, LLC Agenda Item 3 Page 5 V w Proposed Signage and Fencing I ( A r( I ‘,/'*) I I 1 ' I Lui 1 / ii P41 1 I j jA j P ij ,:m ii.,p, 4 0t 0 ti 4 BM 0 1 1 I • McDonald Garden Market, LLC Agenda Item 3 Page 6 Proposed Signage and Graphics 70.0.1.0 W W 8 ;t€ gC4Jx€ BE o I �� S�! d PI. C7 C7 E aE iltiltigill i(i 8l- ° r� `o o � c NI� `'i r A Z i li .,ts `e d� F c'oh�an O .SA h a 8 ig v _ Al oa UI KISS e8E6 ElIt c �L•. ! E g ;ol I� II44 Q e C 6 a .1184i f i Q t 1 7 F3. I;Nto o.t it ;o' j ZdS �P #3£af gSasi i°P h a3 1, I r i(i 1 A 5 B o-E i 14 T �< bio 0 N. 1_ V) o o c I S`+ V) j • �� °. 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',..., ' *A-k= .., ''' , -....‘ V.t ,z, •„„... , \ •N ' N`t • " ' , . . • •,- . ^•••,. .: •+..,. \lyg .If, ivi ,./ __ „„ 7'.• . 4,1 ,,,,, ' e',./ - - 401 ' - .,,,,;-.Z.;;;,...,„ • \ lial,/i!"-°Y. . ---: ........\', A,A. Allt./' , 4,.....- ,,-,7x---- - - , ' '''.''''-' *N•t,. s'•k,A.:,i'k,ir , iir ,_., , ^ '‘ Vs"(it 14(>7*/ '' t'" r'' t...1"'• ' ' A Or( ''.^^.'-'-'... . . . "10. ''' 11111111hN \• 4 I/ ' "'''' ' ' : Ns44..: Al'' r k s. . ...gs, , s S.- '/,' 0 ':• ,, -1 : fi— n -1" 4 --- .!IIt ,.,- . - - — , • , . ..„.. , • „4,„ ..,. •,-, , ,. , itt.:10,,,...._ / -- . . _ " - . -- _..—,„. --,,....... -,_ ••-,, L.,..,4 ' , .4,...,1: t- - •, ,4 'Mr 41164-„•...,,,.,,".•-•.:::,,'•-. `.', :wee, L.,,TvlirViri * ,,- --.1.-..„;;;ii.e-t,k ilV, .*:=',: •‘.. P. ,2,t * - - , . . --..." t...-...• ••4- -.. ',,i'‘, ,,,,,, . '''' '• `1).- '' ''!.. ' ''n l'!e4 41 '09' ' - ...^",* • • -....... "•.1 44 ' .• fIC.' ' It . . l'.. 4.. * . 14- • !4:01.%)e. .:;.,4 , ., ..„. -, , _ ,,:. ,, .1 .., ,.,. ..-.. . ; , •: . ,_, _ ,,,, ..14 or.o. - , -• - :- ' .-..s: . .. . -MEM 1.4 i i-, .. , -......,* . .. - .. . :4. . . McDonald Garden Market, LLC Agenda Item 3 Page 10 Disclosure Statement 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 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment ProgramNonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) I Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board yj Conditional Use Permit License Agreement Wetlands Board t!- s 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 1 / APPLICANT DISCLOSURE E Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I^I Check here if the APPLICANT /S a corporation, partnership, firm, business, or FGR CITY USE ONLY/Ai;disc,cs ores musl be updated t,vc,!2z-eks phor ary Pae 1 of 4 F;a�ri;,c Commisson arc Ciro C„;ncN meeting that oertam.s t,t�e app; Ct ontsi I 9 ® APPLICANT NOTIFIED OF HEARING I DATE ® NO CHANGES AS OF DATE •2.6.44 REVISIONS SUBMITTED DATE y.iS 14, McDonald Garden Market, LLC Agenda Item 3 Page 11 Disclosure Statement 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) McDonald Garden Market, LLC: E. Mark Anderson List the businesses that have a parent-s•: 'diary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list i essary) McDonald Nurseries, Inc McDonald Nurseries of Virginia Beach, Inc McDonld Nurseries of Denbigh Inc and Chesapeake See next page for informa . . •• • •• •• • 1 - . $ ammimemor-mam........4 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. Inl 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) Branch Banking and Trust Company: Delene Emick (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. McDonald Garden Market, LLC Agenda Item 3 Page 12 Disclosure Statement AN3 Virginia Beach 1 "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. Z "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. IC{t((l- SECTION 3. SE VICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application 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: YES NO SERVICE PROVIDER(use additional sheets if needed) nn Acuouirg and/or preparer of ■„ your tax return ' I X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than nX the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property — (identify purchaser(s)and purchaser's service providers) Construction Contractors _- 1-5<1 Engineers/Surveyors 1E1i,'INEMINN!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. McDonald Garden Market, LLC Agenda Item 3 Page 13 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return t4 Architect/ Landscape Architect/ Land Planner ( � Contract Purchaser(if other than ❑ ® the Applicant) - identify purchaser and purchaser's service providers �c Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) �( ❑ [21 Construction Contractors ❑ ® Engineers /Surveyors/Agents Financing (include current ❑ ED mortgage holders and lenders ui selected or being considered to provide financing for acquisition or construction of the property) ❑ 1Z1 Legal Services. Real Estate Brokers / ❑ ®' Agents/Realtors for current and anticipated future sales of the ! subject property � � IS hey SCS 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 J 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? fins `'1 c� is )`14c1 - Q C \MlN- 1401 c 4 Page 6 of 7 11 Disclosure Statement 'NB Virginia Beach Financing(include current ❑ nf mortgage holders and lenders �/� selected or being considered to provide financing for acquisition or construction of the property) El /t Legal Services Real Estate Brokers/Agents for ❑ C current and anticipated future sales of the subject property o SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n o 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 meetiiof nyy public •od •"committee in connection with this Application. `c S-4,// MICHAEL S.WESTPHAL //-9-/f ICANT'S SIGNATURE PRINT NAME DATE cue,..... • ) � ! BB&T Delene Emick 11/09/201! PROPERTY OWNER'S SIGNATURE 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. McDonald Garden Market, LLC Agenda Item 3 Page 14 Disclosure Statement M3 Virginia Beach .. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. i 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 meetiof_any public body or committee in connection with this 1 Applies' - t% -/.,.i/ r �� t-d,,,G cd '"l44 K f-i[r r'�o i7 o// o/lv PLICANT'S SI NATURE PRINT NAME AT PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE Page 5 of 5 McDonald Garden Market, LLC Agenda Item 3 Page 15 Officers for McDonald Nurseries, Inc., McDonald Nurseries of Virginia Beach, Inc. and McDonald Nurseries of Denbigh Inc and Chesapeake Edward Mark Anderson—President Eddie Anderson—CEO Sara Anderson—VP/Secretary CERTIFICATE OF INCUMBENCY I, the undersigned, being the duly elected and acting Assistant Corporate Secretary of Branch Banking and Trust Company ("BB&T"), a North Carolina banking corporation, hereby certify as follows: 1. I am familiar with BB&T's Articles of Incorporation and Bylaws. A true excerpt of Article VI, Sections 1-4 of the Bylaws is attached hereto as Exhibit A and incorporated here by reference. 2. Delene L. Emick, is a duly elected Vice President of BB&T and is authorized to execute any and all contracts, deeds, and instruments that are credit or loan related on behalf of BB&T (including any instructions to securities intermediaries), in accordance with the Bylaws of BB&T without any other signature or approval, and that such contract,deed or instrument executed by Delene L.Emick is binding upon BB&T. / Ai . L/. I i 1 .1h,:i_ • I 'I . D.Ramey,Assis • : Corpo i - ecretary 1 STATE OF NORTH CAROLINA COUNTY OF FORSYTH . I, a Notary Public of the County and State aforesaid, certify that Katrina D. Ramey appeared before me this day and acknowledged the execution of the foregoing instrument in her capacity as Assistant Corporate Secretary of Branch Banking and Trust Company, a North Carolina banking corporation. ��y Witness my hand and official stamp or seal,the Lti*qday of February,2016. _ IOfficialSealt-- - JULIE ORELLANA Oficial Signature of Notary A i)IA-""- NOTARY PUBLIC FORSNOR H CARP 1;1 i t art I I M �, , NotaryPublic STATE OF NORTH CAROLINA Notary's printed or typed name My commission expires: ser. p, P4- 31 9.011 Item#3 McDonald Garden Market, L.L.C. Conditional Use Permit 3112 Virginia Beach Boulevard District 5 Lynnhaven February 10, 2016 CONSENT An application of McDonald Garden Market, L.L.C.for a Conditional Use Permit(Open Air Market) on property located at 3112 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 1497-15-3700-0000. CONDITIONS 1. The layout of the seasonal market shall be limited to 7,800 square feet and shall be located on the site in substantial conformance with the concept plan entitled, "Proposed Site Plan," prepared by McDonald Garden Market,dated 12/15/2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. As required by Section 239.03 of the Zoning Ordinance,there shall be no less than one (1)trash receptacle per one thousand (1,000)feet of sales area,all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 3. The open air market shall be limited to the operation between the months of March to August and shall be open only during the hours of 8:00 a.m.to 8:00 p.m., seven days a week. 4. All signage on the site, including any signage or graphics on the fabric screen and fence, shall be in compliance with the sign regulations of the Zoning Ordinance, and shall be submitted to the Zoning Administrator for review prior to installation. 5. The applicant shall construct the shed/kiosk in accordance with the submitted Engineer's Report, prepared by Roland E. McPherson, P.E., and shall be presented to the Building Official's Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official's Office, prior to the issuance of a building permit, by a professional engineer licensed by the Commonwealth of Virginia,or by any other professional deemed acceptable by the Building Official's Office. A motion was made by Commissioner Weiner and seconded by Commissioner Rucinski to approve item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE Item#3 McDonald Garden Market, L.L.C. Page 2 HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 3 for consent. Mike Westfall appeared before the Commission on behalf of the applicant. J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY COMMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS M.ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 02/16/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R Y S E S DS NND CITY MANAGER'S BRIEFINGS A. THALIA CREEK GREENWAY Phil D.Pullen, PROJECT Transportation— Public Works B. PENDING PLANNING ITEMS Barry Frankenfield, Director Il/IIUIV/ CERTIFICATION OF CLOSED CERTIFIED 11—0 Y y Y Y Y Y Y Y Y Y Y SESSION V.F/G MINUTES INFORMAL/FORMAL SESSION APPROVED 11—0 Y Y Y Y Y Y Y Y Y Y Y February 2,2015 H PRESENTATION PROCLAMATION—Earth Hour Clay Bernick, Administrator- Environment and Sustainability Mark Podolinsky, Energy Specialist- Energy Management Office I.1a. Ordinances to ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y TRANSFER/APPROPRIATE: CONSENT $1-Million Grant from VDOT re TAP revenue for Thalia Creek Greenway Phase I b. $282,632 reimbursement from Va ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Agriculture re a preservation easement at CONSENT 1619 Muddy Creek Road c. $207,500 from Insurance Recovery re ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y repair of the Pungo Ferry Bridge CONSENT d. $152,100 from the Federal/State Siezed ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y Assets to Police CONSENT e. $50,000 to the City Clerk's Office to ADOPTED,BY 10—0 Y Y Y Y Y Y Y A Y Y Y offset expenses to be incurred by the CONSENT B Sister Cities Association of Va Beach re S the 2017 Sister Cities International T Conference in Virginia Beach A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 02/16/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U l P DNOK MMS H LW O Y L N A O O O R S 0 R E E ENSNM I 00 T R Y S E SDSNND f. $10,200 from the Developmental Services ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y Gift Fund re SkillQuest CONSENT J/1. MARK and CYNTHIA SUMMS APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of a CUP to expand a Bulk CONDITIONED,BY Storage at 2616 Quality Court CONSENT DISTRICT 6—BEACH 2. OCEANFRONT INVESTMENTS, APPROVED/ 8-1 YY Y Y y N Y A A Y Y LLC re Subdivision Variance CONDITIONED B B Regulations for a hotel complex at 4201 S S Atlantic Avenue T T DISTRICT 6—BEACH A A I I N N E E D D 3. MICHAEL BINETTI re Subdivision APPROVED! 10—0 Y Y Y Y Y Y Y A Y Y Y Variance Regulations for direct public CONDITIONED,BY B access at 2929 Riddick Lane CONSENT DISTRICT 7—PRINCESS ANNE A N E D 4. WILLIAM H.JOHNSON re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Subdivision Variance Regulations for CONDITIONED,BY direct public access at Riddick Lane CONSENT DISTRICT 7—PRINCESS ANNE 5. DISCOUNT TIRES OF VA, CONDITIONED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y INC./LOTSALISA,LLC CUP re auto CONSENT repair at1600 General Booth Boulevard DISTRICT 7—PRINCESS ANNE 6. DISCOUNT TIRES OF VA, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INC/HOLLAND CENTURY ASSOC, CONDITIONED,BY LLP CUP re auto repair at 3949 Holland CONSENT Road DISTRICT 3—ROSE HALL 7. TAKE 5 OIL CHANGE,LLC/LYNN APPROVED/ 11—0 Y Y Y Y Y Y Y Y Y Y Y PLAZA INVESTMENTS,LLC a CUP CONDITIONED,BY re oil changes at 845 Lynnhaven Parkway CONSENT DISTRICT 3—ROSE HALL K. APPOINTMENTS RESCHEDULED,BY 11 11-0 Y Y Y Y Y Y Y Y Y Y Y BEACHES and WATERWAYS CONSENSUS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS HISTORIC PRESERVATION COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 02/16/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H L W O Y L N A O O O R S 0 R EEENSNM I 00 T R Y S E S DS NND CLEAN COMMUNITY COMMISSION Appointed 3-yr term 11—0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY SERVICES BOARD 1/1/16-12/31/18 Geraldine Hunt Reapppointed 1-yr HAMPTON ROADS ECONOMIC term 1/1/16-12/31/17 11-0 YY Y Y Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE Bryan Cuffee—Dev. Auth. Dorothy Wood William D.Sessoms- Liaison Appointed 5-yr.term MILITARY ECONOMIC 3/1/16-2/28/21 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT ADVISORY RADM Kevin Cook COMMITTEE—MEDAC Reappointed 5-yr. term 3/1/16-2/28/21 ADM Craig Quigley OPEN SPACE ADVISORY Appointed No term 11—0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Ex-Officio Tommy Johnson Parks&Rec Rep REVIEW AND ALLOCATION Appointed Ex-Officio 11—0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE(COG) No term Kathleen Banfield, United Way of South Hampton Roads TRANSITION AREA INTERFACILITY Appointed 3-yr term 11—0 Y Y Y Y Y Y Y Y Y Y Y TRAFFIC AREA -CITIZENS 3/1/16-2/28/18 ADVISORY COMMITTEE William Sawyer Reappointed 3-yr term 3/1/16-2/28/18 Dr.William P. Brown Dawn Flora James Fox VIRGINIA BEACH HEALTH SYSTEMS Appointed Unexpired 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY BOARD thru 3/31/17 Dr.Rolfe White L/M/N ADJOURNMENT 6:22 PM