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APRIL 5, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GpNIA•BE4,, MAYOR WILLIAM D.SESSOMS,JR.,At-Large � VICE MAYOR LOUIS R71140w.JONES,Bayside-District 4 p`� p M.BENJAMIN DAVENPORT At Large ROBERT M.DYER,Centerville-District/ ' BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 0, ops"Np„oN' 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 VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-DAVID L.HANSEN PHONE:(75 7)385-4303 CITY ATTORNEY-MARKD.STILES CITY..COUNCIL AGENDA FAX(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGESFRASER,MMC 05 April 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room - 2:00 PM A. FY 2016-17 MANAGEMENT RESOURCE PLAN (BUDGET) 1. Economic Vitality a. Agriculture b. Convention and Visitor Bureau • c. Economic Development (to include Biomed Update) d. Housing and Neighborhood Preservation 2. Safe Community a. Commonwealth's Attorney b. Sheriff c. Courts and Court Support d. Clerk of the Circuit Court e. Emergency Communications and Citizen Services f. Emergency Medical Services g. Fire h. Police 3. Light Rail Extension Memorandum of Understanding (MOU) and Commonwealth Transportation Board Resolution Requirements David L. Hansen, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:15 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Joel Solomon, Pastor New Life at Providence 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 INFORMAL and FORMAL SESSIONS March 15, 2016 G. FORMAL SESSION AGENDA CONSENT AGENDA H. PUBLIC HEARING 1. LIGHT RAIL MOU, HRT and DRPT Authorization, Bid Proposals 2. DECLARATION and CONVEYANCE of EXCESS City Property: proposed BIOMEDICAL PARK I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND an Ordinance re selection of the Chair of the Community Organization Grant Review and Allocation Committee (COG) 2. Ordinances to AMEND the City Code: a. Section 25-3 re charitable organizations and second hand dealers b. Section 15-5 re hotel registries c. Section 5-501 re time restriction for tethering dogs 3. Ordinance to AUTHORIZE the City Manager to: a. EXECUTE a MOU re the proposed Light Rail project among the City, the Transportation District Commission of Hampton Roads (HRT) and the Department of Rail and Public Transportation(DRPT) b. HRT to SUBMIT an application to DPRT for funding and the procurement of Light Rail vehicles c. EXECUTE a binding Agreement between the City and DRPT regarding the provision of City funds for the procurement of Light Rail vehicles d. ISSUE a notice to proceed or direct HRT to issue a notice to proceed for the purchase of Light Rail vehicles to all revenue operation to commence December 2019 e. COMMENCE a procurement process that includes a request for proposals for a design-build contract by December 31, 2016 4. Resolution to REDIRECT revenues within the Multi-Modal Fund to enhance the City's roadways system (Requested by Councilman John Moss) 5. Ordinance to DECLARE up to 155 acres of City property located in Princess Anne Commons to be in EXCESS of the City's needs; and, AUTHORIZE transfer of the property to the City of Virginia Beach Development Authority for a proposed BIOMEDICAL PARK 6. Ordinance re the 2016 Housing Choice Voucher annual Agency Plan, including a revised Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Resolution to APPOINT Gregory D. Surber to the position of Assistant City Attorney 8. Resolution to RENAME the City building at 409 Birdneck Circle from "Recovery Center"to "Pathways Center at Birdneck" 9. Ordinances to ACCEPT and APPROPRIATE: a. $20,000 from the Virginia Department of Emergency Management re training equipment for the HazMat Team AND a local grant match from the Fire Department's FY 2015- 16 Operating Budget b. $41,066 from the Virginia Department of Criminal Justice Services for the Virginia Beach Victim Witness program in the Office of the Commonwealth's Attorney c. $440 from the Fire Department Gift Fund to the Fire Department re purchase of grills for Fire Stations 5 and 16 J. PLANNING 1. ASHDON BUILDERS,INC. & ESTATE OF BERTHA H. CAFFEE / ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE,JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK,JAMES M. SMITH, SR. (Owner): Change of Zoning(AG-2 to R-10) Comprehensive Plan: Suburban Area re density Variance to Subdivision Section 4.4(b): Floodplain—Princess Anne Road and Fenwick Way Conditional Change of Zoning (AG-1 & AG-2 to R-10) Comprehensive Plan: Suburban Area re density Subdivision Variance to Section 4.4(b) re Regulations at Princess Anne Road and Fenwick Way DISTRICT 7 - PRINCESS ANNE REQUESTED DEFERRAL to April 19 RECOMMENDATION APPROVED 2. TASTE UNLIMITED, LLC for a Conditional Use Permit re outdoor recreation and a Modification of Proffers to allow parking at 4097 Shore Drive (approved by City Council July 2, 2013) DISTRICT 4— BAYSIDE RECOMMENDATION APPROVED 3. THE TRUSTEES OF NEW LIFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 3312 Dam Neck Road (approved by City Council December 10, 1984) DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVED 4. TAYLOR FARMS LAND COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re a borrow pit at 2297 Harpers Road (approved by City Council March 22, 2011) DISTRICT 6— BEACH RECOMMENDATION APPROVED 5. NADER C. VASDIKI HOLLAND PLAZA SHOPPING CENTER, LLC for a Conditional Use Permit re indoor recreation at 4318 Holland Plaza Shopping Center DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVED 6. AUTO AND EXPORT, INC. J & J SHIKELLAMY, LLC for a Conditional Use Permits re auto repair and bulk storage at 569 Central Drive DISTRICT 6—BEACH RECOMMENDATION APPROVED 7. SUE DAVIS,TRUSTEE OF THE FRANKLIN L. COX IRREVOCABLE TRUST for a Change of Zoning from I-1 Industrial District to B-1A Limited Community Business District at 5775 Princess Anne Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION APPROVED K. APPOINTMENTS AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PLANNING COUNCIL TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 ****************************** 04/05/2016 tc MAYOR WILLIAM D. SESSOMS,JR. PRESIDING 1. CITY MANAGER'S BRIEFING - Conference Room - 2:00 PM A. FY 2016-17 MANAGEMENT RESOURCE PLAN (BUDGET) 1. Economic Vitality a. Agriculture b. Convention and Visitor Bureau c. Economic Development (to include Biomed Update) d. Housing and Neighborhood Preservation 2. Safe Community a. Commonwealth's Attorney b. Sheriff c. Courts and Court Support d. Clerk of the Circuit Court e. Emergency Communications and Citizen Services f. Emergency Medical Services g. Fire h. Police 3. Light Rail Extension Memorandum of Understanding (MOU) and Commonwealth Transportation Board Resolution Requirements David L. Hansen, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:15 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION i I C it VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Joel Solomon, Pastor New Life at Providence 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 INFORMAL and FORMAL SESSIONS March 15, 2016 G. FORMAL SESSION AGENDA CONSENT AGENDA I H. PUBLIC HEARING 1. LIGHT RAIL MOU, HRT and DRPT Authorization, Bid Proposals 2. DECLARATION and CONVEYANCE of EXCESS City Property: proposed BIOMEDICAL PARK I itI rzep.,1A AC5y t 9Y7, L , `t VtV`.� PUBUC HEARING On Tuesday, April 5, 2016, the Virginia Beach City Council will hold a PUBUC HEARING at 6:00 p.m.in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach,Virginia,to receive input from the public upon an ordinance contemplating the following actions: (1) to Authorize the City Manager to Execute a Memorandum of Understanding for the Light Rail Project with Hampton Roads Transit(HRT)and the Virginia Department of Rail and Public Transportation (DRPT); (2) to Authorize HRT to Submit an Application to DRPT for Funding for the Procurement of Light Rail Vehicles; (3) to Authorize the City Manager to Execute a Binding Agreement with DRPT for the provision of City Funds for the Procurement of Light Rail Vehicles; (4) to Authorize the City Manager to Issue a Notice to Proceed or Direct HRT to Issue a Notice to Proceed for the Purchase of Light Rail Vehicles to Allow Revenue Operation to Commence December 2019;and (5)to Direct the City Manager to Commence a Procurement Process that Includes a Request for Proposals for a Design-Build Contract by December 31,2016 Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-3854303; Hearing Impaired, call 1-800-838-1120 (Virginia Relay-Telephone Device for the Deaf). Ruth Hodges F:Aii,:ij'i_ ' Clerk Beacon:April 3,2016 jU AI •Vv PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, April 5,2016,at 6:00 p.m.,in the Council Chamber,City Hall - Bldg. 1,Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and conveyed to the City of Virginia Beach Development Authority: Approximately 155+/- acres of City-owned property located between Princess Anne Road and Landstown Center Way for a Proposed Biomedical Park. Any questions concerning this matter should be directed to the Dept. of Economic Development, 4525 Main Street, Suite 700, Virginia Beach, VA 23462, (757) 385-6464. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TDD 711(TDD-Telephone Device for the Deaf). Ruth Hodges Fraser,MM City Cle BEACON: March 27,2016 I i I I I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND an Ordinance re selection of the Chair of the Community Organization Grant Review and Allocation Committee (COG) 2. Ordinances to AMEND the City Code: a. Section 25-3 re charitable organizations and second hand dealers b. Section 15-5 re hotel registries c. Section 5-501 re time restriction for tethering dogs 3. Ordinance to AUTHORIZE the City Manager to: a. EXECUTE a MOU re the proposed Light Rail project among the City,the Transportation District Commission of Hampton Roads (HRT) and the Department of Rail and Public Transportation (DRPT) b. HRT to SUBMIT an application to DPRT for funding and the procurement of Light Rail vehicles c. EXECUTE a binding Agreement between the City and DRPT regarding the provision of City funds for the procurement of Light Rail vehicles d. ISSUE a notice to proceed or direct HRT to issue a notice to proceed for the purchase of Light Rail vehicles to all revenue operation to commence December 2019 e. COMMENCE a procurement process that includes a request for proposals for a design-build contract by December 31, 2016 4. Resolution to REDIRECT revenues within the Multi-Modal Fund to enhance the City's roadways system (Requested by Councilman John Moss) 5. Ordinance to DECLARE up to 155 acres of City property located in Princess Anne Commons to be in EXCESS of the City's needs; and, AUTHORIZE transfer of the property to the City of Virginia Beach Development Authority for a proposed BIOMEDICAL PARK 6. Ordinance re the 2016 Housing Choice Voucher annual Agency Plan, including a revised Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Resolution to APPOINT Gregory D. Surber to the position of Assistant City Attorney 8. Resolution to RENAME the City building at 409 Birdneck Circle from "Recovery Center"to "Pathways Center at Birdneck" i I. ORDINANCES/RESOLUTIONS (cont) 9. Ordinances to ACCEPT and APPROPRIATE: a. $20,000 from the Virginia Department of Emergency Management re training equipment for the HazMat Team AND a local grant match from the Fire Department's FY 2015- 16 Operating Budget b. $41,066 from the Virginia Department of Criminal Justice Services for the Virginia Beach Victim Witness program in the Office of the Commonwealth's Attorney c. $440 from the Fire Department Gift Fund to the Fire Department re purchase of grills for Fire Stations 5 and 16 foli _ 6.Nu seq It>. ij g.....agPsa-f:.� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Ordinance #3303D Regarding the Chair of the Community Organization Grant Review and Allocation Committee MEETING DATE: April 5, 2016 • Background: Community Organization Grants (COG) awards monetary grants to qualified non-profit organizations to encourage these agencies to provide services that affect the quality of life of residents of Virginia Beach. Financial and service delivery reports are required from those agencies awarded grant funding. In 1993, the City Council established the Virginia Beach Community Organization Grant Review and Allocation Committee (the "Committee") reviews applications from community organizations for these COG grants. in Considerations: This is a housekeeping item. The attached ordinance allows the chairperson to be elected from its membership rather than appointed by the Mayor. Appointing among membership allows the committee to address chairperson vacancies quickly and provides leadership opportunities for members who desire that role. Further, it frees this administrative task from the Mayor and the City Clerk's Office. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Departm Agency: City Cler City Manager: i II 1 AN ORDINANCE TO AMEND ORDINANCE #3303D 2 REGARDING THE CHAIR OF THE COMMUNITY 3 ORGANIZATION GRANT REVIEW AND ALLOCATION 4 COMMITTEE 5 6 WHEREAS, on August 27, 2013, the City Council adopted an ordinance (ORD # 7 3303D) to revise the membership of the Community Organization Grant Review and 8 Allocation Committee (the "COG Committee"); and 9 10 WHEREAS, the COG Committee has requested ORD #3303D be amended to 11 allow the chairperson of the Committee to be elected from its membership. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the representation on the Virginia Beach Community Organization Grant 17 Review and Allocation Committee shall be comprised of ten (10) members as follows: 18 19 1. One (1) Citizen-At-Large to be selected by the Mayor and confirmed by 20 Council. This member shall serve as the chairperson for the Committee; 21 2. Four (4) Citizens-At-Large to be selected by Council; 22 3. One (1) member of Council selected by the Mayor; 23 4. The Director of Public Health or qualified designee; 24 5. A representative from the Hampton Roads Community Foundation; 25 6. A representative from the United Way who has expertise in not-for-profit 26 agencies and/or grant fund allocation; 27 7. A representative of the Library Board. 28 29 The chairperson for the Committee shall be elected from the membership to 30 serve as chairperson for a term that is agreed upon by the membership. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Ci Clerk Cit A • - CA13711 R-2 March 24, 2016 I it r , 8; 4f 'fie %„k CITY OF VIRGINIA BEACH \,,., AGENDA ITEM I ITEM: An Amendment to Chapter 25, Article 1 of the Virginia Beach City Code Pertaining to Charitable Organizations and Secondhand Dealers MEETING DATE: April 5, 2016 • Background: Pursuant to Virginia Code Section 15.2-1114, the City is empowered to regulate secondhand dealers. Chapter 25, Article 1 of the City Code requires secondhand dealers, among others, to obtain a permit from the chief of police, to keep and submit records of transactions, and to abide by additional restrictions. City Council previously created an exception to such requirements in Virginia Beach City Code § 25-3 for certain kinds of secondhand transactions, as well as for any nonprofit, charitable, religious, or educational organizations. A strict reading of Virginia Beach City Code § 25-3 permits only the nonprofit, charitable, religious, or educational organization itself to benefit from this exception. In some cases, such organizations enter into agreements with corporations to manage their retail stores and employees. The proposed change to Code Code § 25-3 would allow the exception previously extended to nonprofit, charitable, religious, and educational organizations to apply to their corporate counterparts that act on their behalf. • Considerations: This amendment to Virginia Beach City Code § 25-3 would exempt from the requirements of Chapter 25, Article 1 transactions made by or on behalf of nonprofit, charitable, religious, or educational organizations. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the amended ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Dep•rt - t/Agency: Police Department) - City Manager: 1 AN ORDINANCE TO AMEND SECTION 25-3 2 OF THE CITY CODE PERTAINING TO 3 CHARITABLE ORGANIZATIONS AND 4 SECOND HAND DEALERS 5 6 SECTION AMENDED: § 25-3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 25-3 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13. Sec. 25-3. - Exceptions from article. 14 Nothing contained in this article shall apply to any licensed retail merchant 15 accepting secondhand merchandise as partial payment or as trade-in on new 16 merchandise of the same or similar type or to L11 any nonprofit, charitable, religious or 17 educational organization; gl any corporation that operates a retail store on behalf of a 18 nonprofit, charitable, religious, or educational organization; ori_11 any properly licensed 19 antique dealer; provided, however, that this exception does not apply to those who deal 20 primarily in new and used firearms. 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22 day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • (� C - Li YVI tAAL- J •y� Police Department City Attorney's O ce CA13546 R-3 March 29, 2016 gi.otT CITY OF VIRGINIA BEACH AGENDA ITEM ,,,/ ITEM: An Ordinance to Amend Virginia Beach City Code § 15-5 Pertaining to Hotel Registries MEETING DATE: April 5, 2016 • Background: In 2015, the Supreme Court of the United States decided City of Los Angeles v. Patel, in which it found unconstitutional a Los Angeles ordinance that permitted law enforcement to search hotel guest registries upon demand and without a warrant. The Court held that such provisions violate the United States Constitution's Fourth Amendment protections against unreasonable searches and seizures because they fail to provide hotel owners an opportunity for precompliance review. Recently, the Local Government Attorneys of Virginia tasked a committee, which included Virginia Beach's Public Safety Attorney Amanda E.B. Farley, with providing review and analysis of the Patel decision. The committee suggested changes to ordinances that have provisions like the one in Patel. The amendments in the attached ordinance reflect those recommendations and will bring the City Code into compliance with the Fourth Amendment. • Considerations: The amendments to City Code § 15-5 are necessary to make it legally sufficient and comport with the requirements dictated by the United States Supreme Court in City of Los Angeles v. Patel. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the ordinance. • Attachments: Ordinance. Recommended Action: Approval Ce,r/ye,t_, Submitting Dep ment/Agency:` </. City Manager: 1 AN ORDINANCE TO AMEND VIRGINIA 2 BEACH CITY CODE § 15-5 PERTAINING TO 3 HOTEL REGISTRIES 4 5 SECTIONS AMENDED: § 15-5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 15-5 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 Sec. 15-5. Guest register generally. 13 (a) Every person conducting any lodging place in the city shall at all times keep and 14 maintain therein a guest register, in which shall be inscribed, electronically, or with 15 indelible ink, the name and valid home address of each guest or person renting or 16 occupying a room or camping space therein, as well as the guest's vehicle 17 description and license plate information of any vehicle being used by such guest. 18 Such register shall be signed by the person renting a room or camping space, or by 19 someone signing by his or her authority. The proprietor of such lodging place, or his 20 or her agent, shall thereupon enter or write, electronically, or with indelible ink, 21 opposite such name so registered, the number of each room or camping space 22 assigned to and occupied by such guest, together with the date(s) and time(s) when 23 such room or camping space is rented. Until all of the aforesaid entries have been 24 made in such register, no guest shall be suffered or permitted to occupy any room 25 in such lodging place. When the occupant of a room or camping space so rented 26 vacates and surrenders the same, it shall be the duty of the proprietor of the lodging 27 place, or his or her agent, to enter into such registry the time the room was 28 surrendered by the occupant and maintain for one year, a record of the date(s) 29 when such room or camping space was vacated and surrendered. 30 (b) 31 32 (c} The guest vehicle parking area of every lodging place shall be accessible at any 33 and all reasonable times to any public safety officer in the performance of his or her 34 duties. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Y Attorney's Office Police Department CA13395 R-2 March 15, 2016 J �{�� *,„y L4 fi"� '4:Li~, { T1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Amendment to Virginia Beach City Code § 5-501 Pertaining to Time Restriction for Tethering Dogs MEETING DATE: April 5, 2016 • Background: The Virginia Beach Animal Control Advisory Board is constituted and charged with responsibilities pursuant to Virginia Beach City Code § 5-103, including "provid[ing] vision and leadership recommendations to the police department in order to meet the city's present and future animal care needs." The Board has considered the current three-hour limitation on tethering dogs in the City and received input from the Virginia Beach Police Department Animal Control Unit and determined that the length is impractical for purposes of enforcement. Requiring animal control officers to observe a dog under tether for such a long period of would consume necessary resources. The Board recommends a one-hour tethering limit, which is the same as most cities in Hampton Roads. ■ Considerations: The amendment to Virginia Beach City Code will allow for greater response time and allocation of Animal Control resources and support overall efforts to protect animals in the City. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmember Wood REQUESTED BY COUNCILMEMBER WOOD 1 AN ORDINANCE TO AMEND SECTION 5-501 2 OF THE CITY CODE PERTAINING TO TIME 3 RESTRICTION FOR TETHERING DOGS 4 5 SECTION AMENDED: § 5-501 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 5-501 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12. Sec. 5-501. - Adequate space for animals; time restriction on tethering dogs. 13 (a) It shall be unlawful to fail to provide any animal with adequate space. 14 "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, 15 lie, turn about, and make all other normal body movements in a comfortable, normal 16 position for the animal and (ii) interact safely with other animals in the enclosure. 17 18 (b) When a dog is tethered, "adequate space" means a tether that permits 19 the above actions and is appropriate to the age and size of the dog. The tether must 20 be attached to the dog by a properly applied collar, halter, or harness configured so 21 as to protect the dog from injury and prevent the dog or the tether from becoming 22 entangled with other objects or dogs, or from extending over an object or edge that 23 could result in the strangulation or injury of the dog. Furthermore, the tether must be 24 at least three (3) times the length of the dog, as measured from the tip of its nose to 25 the base of its tail, except when the dog is being walked on a leash or is attached by 26 a tether to a lead line. When freedom of movement would endanger the dog, 27 temporarily and appropriately restricting movement of the dog according to 28 professionally accepted standards is considered to be provision of adequate space. 29 30 (c) It shall be unlawful for any dog to be tethered for more than three one (3 31 1) hours, cumulatively in any twenty-four-hour period. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cAriAltAL Police Department City Attorneys Orme 91'146- CA13702/R-1/March 8, 2016 1 irps Iaw=i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) to Authorize the City Manager to Execute a Memorandum of Understanding Regarding the Proposed Light Rail Project Among the City, the Transportation District Commission of Hampton Roads ("HRT"), and the Department of Rail and Public Transportation ("DRPT"), (2) to Authorize HRT to Submit an Application to DRPT for Funding for the Procurement of Light Rail Vehicles, (3) to Authorize the City Manager to Execute a Binding Agreement Between the City and DRPT for the Provision of City Funds for the Procurement of Light Rail Vehicles, (4) to Authorize the City Manager to Issue a Notice to Proceed or Direct HRT to Issue a Notice to Proceed for the Purchase of Light Rail Vehicles to Allow Revenue Operation to Commence December 2019, and (5) to Direct the City Manager to Commence a Procurement Process that Includes a Request for Proposals for a Design-Build Contract by December 31, 2016 MEETING DATE: April 5, 2016 ■ Background: The City Council adopted a Locally Preferred Alternative ("LPA") for the Virginia Beach Transit Extension Project (the "Project") on May 12, 2015. The LPA chosen provides an extension of The Tide light rail system from Newtown Road to Town Center/Constitution Drive. This 3.4 mile extension includes two above-grade crossings and three at-grade stations. The Project represents the coordination of three bodies: the City of Virginia Beach; the Transportation District Commission of Hampton Roads ("HRT"); and the Virginia Department of Rail and Public Transportation ("DRPT"). To assist in coordinating the roles of each body, the parties developed a memorandum of understanding ("MOU") to document, in non-binding terms, the understanding of the parties. In general terms, the City serves as the lead contracting party for construction of the Project and, at the City's option, a Shared Use Path. The City is responsible for grantee requirements for a capital assistance grant as well as amounts required for the Project above the $155 million provided by the State, as well as 100% of the cost to construct the Shared Use Path. HRT will continue its work to complete the 30% design or preliminary engineering; serve as procurement lead for acquisition of light rail vehicles and buses; and, as the future system operator, review plans and specifications and assist in safety certifications and system transition. DRPT serves as the grantor, recommends to the Commonwealth Transportation Board ("CTB") the funding of the Project in the Six-Year Improvement Program ("SYIP"), and is the federally responsible party for safety certifications and security inspections. The MOU is an attachment to this item. In furtherance of its role as procurement agent for the light rail vehicles, HRT is negotiating with a vendor for the purchase of three vehicles. These negotiations have included a proposed 30-month delivery time, which is substantially less than what had CTB Requested Items Agenda Request been anticipated. The shortened lead time allows the possible delay of a notice to proceed on the vehicles until after the November 2016 election while preserving December 2019 as the commencement of revenue operations for the Project. The structure of the payment milestones in the proposed contract to purchase the vehicles gives the City, through HRT, the ability to cancel the contract without monetary penalty prior to December 2, 2016. If the notice to proceed is issued but the contract is later cancelled, there would be a penalty based upon the milestones authorized prior to cancellation. The DRPT has indicated a willingness to accept a grant application from HRT for 100% of the costs of the vehicles provided the City authorizes HRT to submit the grant application and the City enters into a binding agreement for the local cost share, which is 50%. The authorization component of the request is to overcome the following limitation upon the authority of the City Manager provided in the FY2016 CIP Appropriation Ordinance: Notwithstanding Sec. 2-154 of the City Code and although this Capital Improvement Program includes funding for such purpose, the City Manager or his designee shall not authorize or approve the use of any funds appropriated herein to pay for any portion of a light rail vehicle until such time as the City Council provides, by ordinance or resolution, approval of such order or contract. This limitation shall include the City Manager or designee authorizing such an action on the behalf or at the behest of the City by another entity or body, whether state, local, or regional in nature. The binding agreement for the local cost share requires the City to reimburse DRPT for amounts it provides to HRT with the local match at 50% of various milestone payments. The first such milestone occurs after the notice to proceed, which as previously described may be delayed until December 2, 2016 without payment obligation or imperiling the December 2019 revenue operation deadline. A proposed binding agreement for the City to reimburse DRPT for the 50% local match is attached to this item. The binding agreement will require the City to be responsible for: (i) 50% Local Cost Share; (ii) the increased costs ($552,000) associated with option 5 that moved of the notice to proceed date until December 2, 2016; and (iii) any cost or fee associated with cancelling the contract to purchase the vehicles after the notice to proceed is issued; and (iv) reimbursing the State for any State funds expended on the vehicles if the City initiates cancellation after the notice to proceed is issued. In regard to procurement of the design-build construction of the Project, the current schedule anticipates the completion of a two-phase design-build procurement with bid or proposal opening in March 2017 and a final decision by the City Council in April 2017. The request for qualification phase will commence in July 2016, which will allow sufficient time for short-listing of firms and the issuance of the request for proposal before December 31, 2016. This timeline anticipates the review of proposals in March 2017 to allow the City Council to make a decision regarding construction in April 2017. • Considerations: At the two recent CTB meetings, the Board adopted resolutions requiring the City to undertake certain actions to affirm its commitment to the Project prior to April 30, 2016. The February 17, 2016, CTB Resolution requires by April 30, 2016: 2 CTB Requested Items Agenda Request [T]he City must demonstrate its commitment to the Project by authorizing the Transportation District Commission of Hampton Roads to submit an application to the Department of Rail and Public Transportation for funding for the procurement of light rail vehicles, and must execute a mutually agreeable Memorandum of Understanding among the City of Virginia Beach, the Transportation District Commission of Hampton Roads, and the Virginia Department of Rail and Public Transportation. The March 16, 2016, CTB Resolution requires City approval, by April 30, 2016, of: [A] mutually agreeable binding agreement between the City and the Department of Rail and Public Transportation regarding the provision of City funding for the procurement of light rail vehicles, and issues a notice to proceed for the vehicles by a date that allows the City to meet a December 2019 deadline for revenue operations of the light rail extension. The March 16, 2016, CTB Resolution also requires of the City, by December 31, 2016, "the issuance of a Request for Proposals for a design-build contract." These resolutions provide that the failure of the City to compete such actions will result in the de-obligation of funds to the Project in the SYIP. The attached ordinance seeks to address each of the items requested by the CTB. There are five actions: 1. Authorize the execution of the MOU; 2. Authorize HRT to make the grant application to DRPT; 3. Authorize the execution of a binding agreement for the local cost share of the Vehicles; 4. Issuance of a notice to proceed for the acquisition of the Vehicles to allow revenue operations to commence December 2019; and 5. Issuance of design-build requests for proposals by December 31, 2016. • Public Information: A public hearing will be held on April 5, 2016, and this public hearing will be advertised in the Beacon on April 3, 2016. A briefing of the MOU and the HRT Vehicle Acquisition occurred on March 15, 2016, in the Council's Informal Session and was rebroadcasted on VBTV. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance; Exhibit A (Memorandum of Understanding); Exhibit B (Local Grant Match Agreement); CTB Resolution February 17, 2016; CTB Resolution March 16, 2016 Recommended Action: Approval Submitting D: • : ► - - Agency: City Manager's Offic:��►, City Manager.111L 3 1 AN ORDINANCE (1) TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM OF 3 UNDERSTANDING REGARDING THE PROPOSED LIGHT 4 RAIL PROJECT AMONG THE CITY, THE 5 TRANSPORTATION DISTRICT COMMISSION OF 6 HAMPTON ROADS ("HRT"), AND THE DEPARTMENT OF 7 RAIL AND PUBLIC TRANSPORTATION ("DRPT"), (2) TO 8 AUTHORIZE HRT TO SUBMIT AN APPLICATION TO 9 DPRT FOR FUNDING FOR THE PROCUREMENT OF 10 LIGHT RAIL VEHICLES, (3) TO AUTHORIZE THE CITY 11 MANAGER TO EXECUTE A BINDING AGREEMENT 12 BETWEEN THE CITY AND DRPT REGARDING THE 13 PROVISION OF CITY FUNDS FOR THE PROCUREMENT 14 OF LIGHT RAIL VEHICLES, (4) TO AUTHORIZE THE CITY 15 MANAGER TO ISSUE A NOTICE TO PROCEED OR 16 DIRECT HRT TO ISSUE A NOTICE TO PROCEED FOR 17 THE PURCHASE OF LIGHT RAIL VEHICLES TO ALLOW 18 REVENUE OPERATION TO COMMENCE DECEMBER 19 2019, AND (5) TO DIRECT THE CITY MANAGER TO 20 COMMENCE A PROCUREMENT PROCESS THAT 21 INCLUDES A REQUEST FOR PROPOSALS FOR A 22 DESIGN-BUILD CONTRACT BY DECEMBER 31, 2016 23 24 WHEREAS, the City adopted a Locally Preferred Alternative for the Virginia 25 Beach Light Rail Extension that would extend The Tide Light Rail System (the "System") 26 to Town Center with a Constitution Drive terminus (the "Project"); 27 28 WHEREAS, the Commonwealth has proposed a cost share for the extension of 29 the System wherein the Commonwealth provides $155 million in state funding and the 30 City is responsible for amounts above the state funding; 31 32 WHEREAS, the Commonwealth Transportation Board (the "CTB") allocates 33 funding for the Six-Year Improvement Program ("SYIP") annually; 34 35 WHEREAS, the CTB has requested, by resolutions adopted at its February 17, 36 2016 and March 16, 2016 meetings, the City undertake certain actions to affirm its 37 commitment to the Project prior to April 30, 2016, to allow the CTB to prepare its SYIP 38 for adoption prior to the statutory July 1 deadline; 39 40 WHEREAS, the February 17, 2016, CTB Resolution requires by April 30, 2016: 41 42 [T]he City must demonstrate its commitment to the Project by authorizing 43 the Transportation District Commission of Hampton Roads to submit an 44 application to the Department of Rail and Public Transportation for funding 45 for the procurement of light rail vehicles, and must execute a mutually 46 agreeable Memorandum of Understanding among the City of Virginia 47 Beach, the Transportation District Commission of Hampton Roads, and 48 the Virginia Department of Rail and Public Transportation; 49 50 WHEREAS, the March 16, 2016, CTB Resolution requires City approval, by April 51 30, 2016, of: 52 53 [A] mutually agreeable binding agreement between the City and the 54 Department of Rail and Public Transportation regarding the provision of 55 City funding for the procurement of light rail vehicles, and issues a notice 56 to proceed for the vehicles by a date that allows the City to meet a 57 December 2019 deadline for revenue operations of the light rail extension; 58 59 WHEREAS, the March 16, 2016, CTB Resolution also requires of the City, by 60 December 31, 2016, "the issuance of a Request for Proposals for a design-build 61 contract;" 62 63 WHEREAS, the CTB resolutions state that the failure to compete the described 64 actions will result in the de-obligation of funds to the Project in the SYIP; 65 66 WHEREAS, HRT is nearing the completion of a procurement process to acquire 67 three light rail vehicles (the "Vehicles"); 68 69 WHEREAS, HRT has negotiated options for the purchase of the Vehicles to 70 allow the notice to proceed (the "NTP"), including an option 5, which allows the NTP to 71 be issued prior to December 2, 2016; 72 73 WHEREAS, a December 2, 2016, NTP date, with a 30-month delivery timeline, 74 would have the Vehicles delivered with sufficient time to test and commission prior to a 75 December 2019 revenue operation commencement; 76 77 WHEREAS, the Vehicle purchase agreement is anticipated to allow cancellation 78 by either party at no cost if the NTP is not issued by December 2, 2016; 79 80 WHEREAS, the Vehicles purchase is anticipated to cost $19,774,104, and if 81 authorized by the City, HRT would request a 100% grant from DRPT for the purchase of 82 the Vehicles, and the City would commit to a 50% local cost share for such 83 expenditures; 84 85 WHEREAS, to meet the CTB resolution requirement of a binding agreement for 86 the City's cost share of the Vehicles' purchase, the City and DRPT have prepared a 87 cost reimbursement agreement that would require the City to make payments to DRPT 88 upon DRPT making a reimbursement request subsequent to milestones payments in 89 the purchase agreement; 90 91 92 WHEREAS, as presented, the binding agreement will require the City to be 93 responsible for: 94 a. the 50% Local Cost Share; 95 b. the increased costs ($552,000) associated with option 5, which moved the 96 notice to proceed date until December 2, 2106; 97 c. any cost or fee associated with cancelling the contract to purchase the 98 vehicles after the notice to proceed is issued; and 99 d. reimburse the State for any State funds expended on the vehicles if the City 100 initiates cancellation after the notice to proceed is issued; 101 102 WHEREAS, the Council included in its FY16 Capital Improvement Program 103 Appropriation Ordinance (the "FY16 CIP") a limitation that would prohibit the City 104 Manager or designee from authorizing another entity or body "whether state, local, or 105 regional in nature" to initiate an order of light rail vehicles without specific Council 106 authorization; 107 108 WHEREAS, the Council desires to remove any impediment created by the City's 109 FY16 CIP provided the NTP release date allows the City Council to receive the results 110 of an advisory referendum to be held in November 2016; 111 112 WHEREAS, the City Staff has initiated preparations for a two-phase design-build 113 procurement process for the Project construction pursuant to the authority given to 114 localities to undertake design-build transportation construction pursuant to §33.2-269 of 115 the Virginia Code and in accordance with the Virginia Department of Transportation's 116 Design-Build Procurement Manual; 117 118 WHEREAS, the City Staff anticipates the first phase of the design-build 119 procurement process — a request for qualifications — to occur in July 2016, which will 120 allow the second phase — a request for proposals provided to short-listed firms — to 121 occur before December 31, 2016; 122 123 WHEREAS, the timing of the design-build procurement is intended to allow the 124 City Council to make a final decision regarding construction of the Project upon the 125 evaluation of competitive bids or proposals in April of 2017; 126 127 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 128 VIRGINIA BEACH, VIRGINIA, THAT: 129 130 1. The City Manager is hereby authorized to execute a Memorandum of 131 Understanding, attached hereto as Exhibit A, regarding the Project among the 132 City, the Transportation District Commission of Hampton Roads, and the 133 Department of Rail and Public Transportation. 134 135 2. The City Manager is hereby directed to issue an authorization to the 136 Transportation District Commission of Hampton Roads to submit an 137 application to the Department of Rail and Public Transportation for grant 138 funding for the procurement of light rail vehicles. 139 140 3. The City Manager is hereby authorized to execute a binding agreement, 141 attached hereto as Exhibit B, between the City and the Department of Rail 142 and Public Transportation regarding the provision of City funds for the 143 procurement of light rail vehicles. 144 145 4. The City Manager is authorized to issue a notice to proceed or direct the 146 Transportation District Commission of Hampton Roads to issue a notice to 147 proceed for the purchase of light rail vehicles utilizing option five, which 148 requires the notice to proceed be issued by December 2, 2016. 149 150 5. The City Manager is directed to proceed with a two-phase design-build 151 procurement process that includes issuance of a request for proposal before 152 December 31, 2016. Adopted by the Council of the city of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 411 k.,,,...4._ % , . if City Ma' er`s Office • A . n- s 0 ice CA13705 R-3 March 23, 2016 Exhibit A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VIRGINIA BEACH, TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS, AND VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION CONCERNING THE EXTENSION OF LIGHT RAIL FROM NORFOLK TO VIRGINIA BEACH TOWN CENTER This Memorandum of Understanding ("MOU") concerning a two track extension of light rail transit ("LRT") from Newtown Road Station in Norfolk, Virginia to the Town Center area of the City of Virginia Beach (the "Project"), is made and entered into on , 2016, by and between the CITY OF VIRGINIA BEACH ("City"), a municipal corporation of the Commonwealth of Virginia; the TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS, d/b/a as Hampton Roads Transit ("HRT"), a regional transportation corporate and political body created pursuant to the Transportation District Act of 1964; and the DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION ("DRPT"), an agency of the Commonwealth of Virginia, (collectively, "Project Partners"). RECITALS A. On May 12 and May 28, 2015, respectively, the City Council of Virginia Beach ("City Council") and HRT identified their locally preferred alternative of LRT to the Town Center area of the City. As described in the resolutions of the City Council and HRT, the Project includes above-grade crossings of light rail transit at Witchduck Road and Independence Boulevard and at-grade light rail transit stations on the east side of Witchduck Road, west side of Kellam Road, and east side of Constitution Drive with the station at Constitution Drive being the terminal station. B. The Project includes two types of vehicle requirements. The Project requires enhanced bus service and the acquisition of additional light rail vehicles. This MOU describes the respective roles for the acquisition of light rail vehicles in Section 8. The other vehicle requirement is related to enhanced bus service, which is addressed in Section 9. C. The City will develop an independent plan and provide the necessary funding to include a shared use path and sidewalk("SUP") on either side of the proposed light rail alignment, and it is the City's intention to include the SUP as an additional bid item in the solicitation for the design build procurement ("DB Procurement") for the Project. D. The City and DRPT have developed a cost share plan for the Project. The cost share plan calls for DRPT to provide through separate grant agreement(s) capital assistance grant(s) totaling $155,000,000 (the"Grant") for the Project, exclusive of the SUP. E. The 2016-2021 Six Year Improvement Plan ("SYIP") adopted by the Commonwealth Transportation Board includes funding of$155,000,000 for the Project. F. The City's Capital Improvement Program includes the remainder of funding required to complete the Project and, depending upon the results of the bids or proposals received in the DB Procurement, sufficient funding for the SUP. City participation with funding programmed and appropriated between Fiscal Year 2016 and Fiscal Year 2020 shall be in a manner that supports the completion of the Project. G. The City and DRPT agree that the Commonwealth's Grant for the Light Rail Project will be capped at a maximum of $155,000,000. In the event of any Project costs in excess of that amount, those costs will be borne 100 percent by the City. NOW, THEREFORE, the Project Partners agree that the following non-binding terms constitute the Project Partners' contemplated overall approach for handling the development of the Project: 1. SCOPE. This MOU delineates the respective roles and preliminary obligations of the Project Partners regarding the Project. The Project Partners acknowledge that the Project is not financially feasible without funding from DRPT. 2. FINANCIAL OBLIGATIONS. While this MOU describes the understanding of the Project Partners regarding the Grant(s), this MOU does not obligate any of the Project Partners to expend any funds for a particular purpose. Any financial obligation, reimbursement obligation, or other such obligation would be the subject of a separate agreement or memorandum of agreement. Accordingly, for purposes of this MOU, the Project Partners are responsible for their respective expenditures. 3. TERM. The Project Partners agree that this MOU shall commence on date of execution, and terminate on June 30, 2020, unless terminated earlier. This MOU may be amended by a writing signed by all Project Partners. 4. TERMINATION. Any of the Project Partners may terminate this MOU with 30 days written notice to the other Project Partners. However, termination of this MOU shall have no effect on the obligations imposed by Local Cost Share Reimbursement Agreement or any other Grant agreement(s) under which funding is provided by DRPT. 5. PROJECT OVERSIGHT AND COORDINATION The City will serve as the lead agency for managing the implementation of the Project. The City shall maintain and distribute Project documents to the Project Partners, including monthly project cost, cash flow and schedule updates, quarterly updates to a risk register, and detailed monthly progress reports. The level of detail for the aforementioned documents will be provided in subsequent binding agreements dependent upon the respective requirements of the Project Partners. 6. GRANT OVERSIGHT AND COORDINATION The intended cost sharing and funding allocation among the Project Partners will be set forth in a cash flow funding schedule to be developed by the City and DRPT. The amounts and timing of funds from the Commonwealth and Virginia Beach will be revised upon the confirmation of payments required for the purchase of light rail vehicles; and revised again, if 2 needed, following the execution of a design-build contract by the City of Virginia Beach. In furtherance of such grant funding,the following roles and responsibilities shall apply: 6.1 DRPT shall: a. Review and, if acceptable, approve the Grant application(s). b. If the Grant is approved, prepare grant funding agreement(s) with the City c. Under the state safety oversight mandates from the Moving Ahead for Progress in the 21st Century Act ("MAP-21"), and the Fixing America's Surface Transportation Act ("FAST Act"), codified in Section 5329 of Title 49, United States Code, provide oversight and verify the final safety certification of the Project to protect the Commonwealth's investment, assure compliance with Federal safety requirements and to improve project outcomes. 6.2 The City shall: a. Apply to DRPT for the Grant, coordinate efforts with the other Project Partners in furtherance of the Grant and the Project, and fulfill the various obligations required of the Grant recipient. b. Advise HRT of any material alterations, additions, deletions or modifications to the Project design and/or plans made at any time prior to final safety certification and acceptance of the Project by HRT. c. Present to the Project Partners a Project Management Plan (PMP), which must be approved by DRPT prior to the issuance of a Request for Proposals for the design-build contract. The PMP will describe the project management organization; roles and responsibilities of project team members; decision-making processes; communication protocols; responsibilities for systems integration; and other elements outlined in the Federal Transit Administration's "Project and Construction Management Guidelines" dated July 2011. d. Present to the Project Partners a plan that meets the financial planning requirements of the Grant at a date to be determined by the Project Partners, and such plan may including some or all of the following: 1. Project financing (sources and uses of funds - the spreadsheet should clearly show revenues and expenses for the Project separated from those of the remainder of the transit system). 2. Correspondence, city council resolution, or other documentation indicating the City's intent to commit its share of funding for the Light Rail Project. e. Transportation Improvement Program (TIP) and DRPT State Transportation Improvement Program (STIP) programming of project development and construction funding. Provide Project funding for the remainder of the costs beyond the $155 million funding provided by the Grant by programming such funding in the City's Capital Improvement Program. 3 f. The City shall annually provide sufficient funding to operate and maintain the portion of The Tide Light Rail System located in Virginia Beach, including enhanced bus service and a proportionate share of centralized maintenance facilities, revenue collections functions, and long term replacement of vehicles and other similar equipment based on the Cost Allocation Agreement (CAA). 6.3 The City and HRT shall, collectively, develop a plan that meets the financial planning requirements of the Grant to include: 1. 20-year cash flow statement (in year of expenditure dollars) including capital and operating financial plans. 2. Long-term capital plan (system-wide). 3. Operations and maintenance funding (system-wide). 6.4 The City and HRT shall coordinate and cooperate to develop an agreement for the reimbursement by the City of Project costs incurred by HRT after the completion of the thirty percent design. 7. PROCUREMENT; CONTRACTING FOR THE DESIGN BUILD PROJECT 7.1 HRT shall: a. Continue any existing efforts to develop 30% design documents for the Project. b. As the future system operator, review all of the LRT related plans and specifications for compliance with HRT Design Criteria and all applicable state and federal regulations. The purpose of the review is to avoid delay and facilitate final safety certification by HRT, normal operation, and full system integration of the Project into The Tide Light Rail System. c. Provide safety, design and operational requirements to be included by the City in design build contracts. d. Review and approve all aspects of the design and construction of the SUP that may affect the safety, operations and maintenance of The Tide Light Rail System. 7.2 The City shall: a. During preparation of the 30% design documents, coordinate with HRT to prepare the required bridging documents. The City shall prepare the procurement solicitation for the DB Procurement to implement the Project. At the City's sole option and expense, the City may include the SUP in the solicitation as an additional item to be evaluated separate from the LRT portion of the Project. b. Be responsible for obtaining all funding associated with the SUP, and such expenditures shall be tracked separately from the Light Rail Project in a manner that is acceptable to DRPT. 4 I � I c. Implement the Project in a manner that preserves future federal funding for any future segment of The Tide. However, at this time of the execution of the MOU, the Project Partners have no intention that the costs of the Project would be part of any state or local match in a federal full funding grant agreement or similar method of funding any future segment of The Tide. d. Develop project management protocols and financial tracking/reporting methodology to effectively keep the Project Partners informed as to project benchmarks and expenditures during construction. DRPT shall have review and approval rights of the written procedures and reporting templates proposed by the City to fulfill this requirement. HRT shall have review and approval rights as to any protocols related to LRT project management, document control, safety, startup and operational integration. Such approval will not be unreasonably withheld. 7.3 The Project Partners shall collectively: a. Coordinate and cooperate in the planning and integration of the Project into The Tide Light Rail System. b. Coordinate and cooperate to allow the respective Project Partner to fulfill its obligation under the Federal Transit Administration (FTA) State Safety Oversight Program, including any required Project design review, certification and approval rights. c. Coordinate and cooperate in all actions necessary, including the issuance of any documents and required testing and certification, for acceptance of the Project into The Tide Light Rail System. d. Coordinate and cooperate in the creation and execution of all final and ongoing safety, operational and maintenance agreements associated with the Project and SUP prior to the acceptance of the Project into The Tide Light Rail System. 8. LIGHT RAIL VEHICLE PROCUREMENT The Project Partners have identified the procurement of additional light rail vehicles (the "Vehicles") as a critical path item for the Project. For purposes of the Vehicles, HRT shall serve as project lead, and any additional duties or requirements for such procurement shall be set forth in a separate agreement. The City will request that HRT submit a FY2016 out-of-cycle grant application to DRPT for the funds necessary to purchase the Vehicles. DRPT has confirmed the availability of funds for the purchase of the Vehicles provided the City enters into a binding agreement for the local (50%) share of the grant. The City and DRPT shall develop a binding agreement for the City to reimburse DRPT for the City's cost share portion of the Vehicles in accordance with the payment terms of the manufacturer and that the notice to proceed will follow the November 2016 election. The City Manager will seek City Council authorization to execute such binding agreement prior to awarding the vehicle purchase contract by HRT. The Vehicles will be owned, operated and maintained by HRT. 5 9. ENHANCED BUS SERVICE In furtherance of enhanced bus service to serve the Project, HRT intends to procure additional buses prior to commencing revenue service for the Project. The bus procurement will include a separate grant funding application made by HRT to DRPT. The anticipated funding share is to be based on the statewide match ratio for transit capital funding, and the current funding split for buses is 68% (state) and 32% (local). The buses will be owned, operated and maintained by HRT. 10. PROGRAM CONTACTS. The following are contact information for each party: For Virginia Beach: Brian Solis Bobby Wheeler, P.E. Strategic Growth Areas Department Public Works Department City of Virginia Beach City of Virginia Beach 4525 Main Street, Ste 710 Municipal Center, Bldg. #2 Virginia Beach, Virginia 23462 2405 Courthouse Drive Virginia Beach, VA 23456 For HRT: Sibyl Pappas Ray Amoruso Hampton Roads Transit Hampton Roads Transit 509 East 18th Street 509 East 18th Street Norfolk, Virginia 32504 Norfolk, Virginia 32504 For DRPT: Jacob Craig, P.E. Jennifer Mitchell Dept. of Rail &Public Transportation Dept. of Rail &Public Transportation 600 East Main Street, Suite 2102 600 East Main Street, Suite 2102 Richmond,VA 23219 Richmond,VA 23219 11. EXPENDITURE OF FUNDS. Nothing herein authorizes, expressly or by implication, the expenditure of funds not previously appropriated by an elected body or allocated by the Commonwealth Transportation Board, if applicable. The failure to appropriate or allocate sufficient funds or the deallocation of any funds shall not be a ground upon which one of the Project Partners may be liable. 12. AUTHORITY. By signing below, each Project Partner acknowledges and agrees that it has the authority to enter into this MOU and to perform their proposed respective obligations hereunder, and that by entering into this MOU it will not be in violation of any separate agreement with a third party. Each Project Partner represents and warrants that: (i) it has complied with all requirements of applicable law and of its charter, bylaws, and other organizational documents, including without limitation with respect to notices, meetings, and votes, prior to executing this MOU; and (ii) the person executing this MOU on behalf of the Project Partner is fully authorized to do so. 6 13. ASSIGNMENT. No Project Partner may assign or transfer any rights herein without the written consent of the other Project Partners. 14. APPLICABLE LAW. This MOU shall be governed by the laws of the Commonwealth of Virginia. The venue of any disputes shall be the City of Richmond Circuit Court of the Commonwealth of Virginia. 15. ENTIRE MOU. This MOU shall constitute the entire MOU between the Project Partners, and supersedes any prior understanding, agreement, or representation by or between the Project Partners, written or oral, to the extent that they relate in any way to the subject matter hereof, with the exception of any applications for the Grant(s), Grant agreements for DRPT grants, and associated documents, which shall be independent of this MOU. The Project Partners anticipate subsequent agreements or memoranda of agreements that will supersede portions of this MOU. 16. NO THIRD PARTY BENEFICIARIES. This MOU is for the exclusive benefit of, and may only be enforced by, the Project Partners and their respective successors and assigns. It is not intended to benefit or confer any rights on any other person, organization, or entity. 17. PROJECT AGREEMENTS. The Project Partners agree that at the appropriate times, the Project Partners will negotiate and execute binding agreements between the City and HRT, the City and DRPT, and HRT and DRPT to address aspects of the Project. They shall include, but are not limited to, the following required agreements: a. Agreement for purchase of the Light Rail Vehicles b. Utility Agreements; c. Master, Interagency, Public/Private, Joint Development, Railroad and Right of Way Agreements; d. Operational and Maintenance Agreements for the Project and SUP; e. Reimbursement Agreement for Project costs incurred by HRT after completion of thirty percent design; f. DRPT OLGA Master Agreement; and g. DRPT Grant agreement(s). (the remainder of this page is intentionally left blank) 7 IN WITNESS WHEREOF, the Project Partners have caused this MOU to be executed by their duly authorized representative. DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION By: Date: Approved as to Legal Form (Office of the Attorney General) By: Date: TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS By: Date: Approved as to Legal Sufficiency(Counsel, HRT) By: Date: CITY OF VIRGINIA BEACH By: Date: Approved as to Funding Sufficiency: By: (Director of Finance) Approved as to Legal Sufficiency (City Attorney, Virginia Beach): By: 8 Exhibit B LOCAL COST SHARE REIMBURSEMENT AGREEMENT BETWEEN CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION This Agreement (the "Agreement"), is made and entered into on , 2016, by and between the CITY OF VIRGINIA BEACH ("City"), a municipal corporation of the Commonwealth of Virginia, and the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION ("DRPT"), an agency of the Commonwealth of Virginia, (collectively, "Parties"). RECITALS Whereas, the Transportation District Commission of Hampton Roads, d/b/a Hampton Roads Transit("HRT"), intends to complete the procurement of light rail vehicles (the "Vehicles"); and Whereas, the contract to purchase the Vehicles (the "Vehicle Purchase Contract") will include certain milestone payments required at the initiation of specified tasks (the "Progress Payments"). A breakdown of the contemplated milestones and Progress Payments is set forth in Exhibit A, which is attached and incorporated; and Whereas, the Vehicle Purchase Contract will anticipate a 30 month delivery timeline, so a notice to proceed issued by HRT prior to December 2, 2016, provides sufficient lead time for delivery of the vehicles to allow testing and commissioning prior to an anticipated December 2019 revenue operations date; and Whereas, the City represents that Vehicle procurement may be cancelled if the notice to proceed (the "NTP") is not authorized by the City and issued by HRT on or before December 2, 2016. There is no penalty anticipated with the decision to withhold the NTP until December 2, 2016; and Whereas, following the November 2016 election and before December 2, 2016, the City could request that HRT not issue the NTP and cancel the Vehicle procurement; and Whereas, the City represents that HRT will submit a grant application to the DRPT for an out-of-cycle grant for 100% of the cost to purchase the Vehicles and such grant requires a 50% local cost share ("Local Match"); and Whereas, the City Council has authorized the City Manager to enter into a binding agreement with DRPT to reimburse DRPT for the Local Match subject to the terms and conditions set forth herein; and Whereas, the City Manager's proposed FY2017 Capital Improvement Program includes a request that City Council appropriate sufficient funds for any Progress Payments anticipated in FY2017; Whereas, the DRPT intends to provide a capital assistance grant to HRT for the purchase of the Vehicles; WITNESSETH NOW, THEREFORE, in and for the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. For each Progress Payment identified in Exhibit A, including "On-Site System Support" and "Spare Parts" payments, DRPT shall make a payment request to the City for reimbursement of the Local Match, which shall be 50% of the Progress Payment associated with the applicable milestone. The "Cost Implication of Delayed NTP" shown on Exhibit A, totaling approximately $552,000.00, shall be paid entirely by the City. 2. The City shall within 10 business days of receipt of a payment request from DRPT provide the Local Match to DRPT with the manner of payment mutually agreeable to the Parties. 3. If no NTP is issued because the City Council determines not to proceed with the acquisition of the Vehicles,the City shall be responsible for any and all costs of cancellation. 4. With the exception of those amounts that are currently appropriated, the City's obligations in this Agreement are subject to appropriation of the outstanding funds by the City Council on or before 1 July 2016. At a minimum, to the extent of funds appropriated, this Agreement shall be fully binding on the Parties. 5. The City Manager's Proposed Capital Improvement Plan shall include funding sufficient to pay the Local Match for any Progress Payment anticipated in FY2017. The City Manager shall include in subsequent Proposed Capital Improvement Plans funding for the Local Match in all such fiscal years required to satisfy the City's Progress Payments of the Vehicle Purchase Contract. 6. The City shall repay DRPT (and the Commonwealth of Virginia) the full amount of any of their payments, penalties, fees, or any other charges, and any outstanding payments due related to the acquisition of the Vehicles in the event that (1) HRT does not issue a notice to proceed with the manufacturing of the Vehicles by December 2, 2016 under the Vehicle Purchase Contract; or(2) the City cancels the extension of the Tide Light Rail System to the Town Center Section of the City. 7. The City will assist HRT in the completion of any grant administration requirements or reporting requirements for a grant of state funds by DRPT. 8. This Agreement shall govern the funding of the acquisition of the Vehicles. The City confirms that it is not eligible for any additional reimbursement by the Commonwealth for amounts identified in this Agreement as a Local Match. 9. Authority. By signing below, each Party acknowledges and agrees that it has the authority to enter into this Agreement and to perform their proposed respective obligations hereunder, and that by entering into this Agreement it will not be in violation of any separate agreement with a third party. Each Party represents and warrants that: (i) it has complied with all requirements of applicable law and of its charter, bylaws, and other organizational documents, including without limitation with respect to notices, meetings, and votes, prior to executing this Agreement; and (ii) the person executing this Agreement on behalf of the Party is fully authorized to do so. 10. Term. This Agreement shall commence on date of execution and terminate upon the delivery of the Vehicles. 11. Termination. The City may terminate this Agreement with 30 days written notice to DRPT. However, termination of this Agreement shall have no effect on the repayment obligation of the City to DRPT set forth herein. 12. Assignment. No Party may assign or transfer any rights herein without the written consent of the other Party. 13. Applicable Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia. The venue of any disputes shall be the City of Richmond Circuit Court of the Commonwealth of Virginia. 14. Entire Agreement. This Agreement shall constitute the entire Agreement between the Parties, and supersedes any prior understanding, agreement, or representation by or between the Parties, written or oral, to the extent that they relate in any way to the subject matter hereof. 15. No Third Party Beneficiaries. This Agreement is for the exclusive benefit of, and may only be enforced by, the Parties and their respective successors and assigns. It is not intended to benefit or confer any rights on any other person, organization, or entity. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representative. DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION By: Date: Approved as to Legal Form(Office of the Attorney General) By: Date: CITY OF VIRGINIA BEACH,VIRGINIA By: Date: Approved as to Funding Sufficiency: By: (Director of Finance)Date: Approved as to Legal Sufficiency(City Attorney,Virginia Beach): By: Date: I I I EXHIBIT A PROPOSED LIGHT RAIL VEHICLE PRICING-OPTION 5 (DECEMBER NTP&SIEMENS REVISED MILESTONES) Item Quantity Description Unit Price Total Price No. - 1 3 Low Floor Light $5,238,481 $ 15,715,443.00 Rail Vehicles - 2 N/A System Support N/A $ 1,259,966.00 (Testing,training, manuals,field support) _ 3 N/A Spare Parts N/A $ 2,246,695.00 4 N/A NTP in December N/A $ 552,000.00 TOTAL PRICE $ 19,774,104.00 Milestone Payments below exclude On-site System Support and $ 16,179,863.00 Spare Parts Cost Implication of Delayed NTP (to be paid by the City) $ 552,000.00 $ 16,731,863.00 Item Description Milestone Tentative Tentative Milestone Percentage Milestone Payment Due Payment A. Upon written Notice to Proceed: 0% $ - 1 month after NTP B. Upon approval of Project Target 6% $ 1,003,911.78 2 months after NTP Schedule — C. Upon approval of Siemens'Quality 7% $ 1,171,230.41 4 months after NTP Assurance Plan D. Contractor's award of sub-contracts for 30.0% $ 5,019,558.90 5 months after NTP the main systems E. Upon completion of first car shell 37.0% $ 6,190,789.31 14 months after NTP_ F. Upon delivery of the first car 15% $ 2,509,779.45 25 months after NTP G. Upon final acceptance of the final car 5% $ 836,593.15 27 months after NTP $ 16,731,863.00 On-site System Support $ 795,547.00 Schedule B, Spare Parts $ 2,246,694.00 $ 19,774,104.00 COMMONWEALTH of VIRGINIA Commonwea[tfi Transportation (Board Aul rt L.La%nc,]r- WI East Bro.isi Streit {SC4)7>( 7O1 ChatrutatRlrlttttonsl,Virginm 21219 lax (8f 4)78( 2940 Agenda item if New Business RESOLUTION OF THE COMMONWEALTH TRANSPORTATION BOARD February 17,2016 MOTION Made Bv: Seconded By: Action: Title: Programming of Funds for the Virginia Beach Light Rail Extension to Town Center WHEREAS,the Commonwealth has demonstrated its support for the Virginia Beach Light Rail Extension as a multimodal transportation solution that will have benefits for local accessibility and mobility,while leveraging past investments in the Norfolk light rail project known as the"Tide";and WHEREAS, in Chapter 6 of the 2008 Acts of Assembly, Special Session II,the Virginia General Assembly resolved to provide for the extension of the proposed light rail system in the City of Norfolk to the beachfront in the City of Virginia Beach; and WHEREAS, in 2009,the Virginia Department of Transportation executed an agreement with Hampton Roads Transit and the Virginia Beach City Council to utilize revenues from the Transportation Partnership Opportunity Fund to purchase inactive Norfolk Southern right-of-way to be used for the future alignment of light rail from Norfolk to Virginia Beach; and WHEREAS, in 2009, Hampton Roads Transit(HRT)initiated an Alternatives Analysis and Supplemental Draft Environmental Impact Statement for the Virginia Beach Transit Extension Study; and WHEREAS, in March 2014,the City of Virginia Beach requested that HRT include an alignment which would terminate the proposed transit extension at Town Center,in an effort to inform the City Council on all the potential costs of a Town Center alternative as part of its adoption of a Locally Preferred Alternative; WHEREAS, in May 2014,the Commonwealth of Virginia and City of Virginia Beach finalized a Term Sheet that outlined the respective funding contributions of the Commonwealth Resolution of the Board Light Rail February 17,2016 Page Two and the City for the light rail project, with the Commonwealth pledging to contribute 50 percent of the project funding up to a total of$155 million; WHEREAS, in May 2015, Virginia Beach City Council and Hampton Roads Transit selected a preferred route to extend light rail from Newtown Road to Town Center in Virginia Beach; and WHEREAS, Section 33.2-214(B)of the Code of Virginia requires the Board to adopt by July 1 of each year a Six-Year Improvement Program (Program)of anticipated projects and programs and that the Program shall be based on the most recent official revenue forecasts and a debt management policy; and WHEREAS, after due consideration the Board adopted a Final Fiscal Years 2016-2021 Program on June 17,2015; and WHEREAS,the Board programmed$155 million in funding for the Virginia Beach Light Rail Extension project(Project) in the Final Fiscal Years FY2016-2021 Program, representing approximately 50 percent of the Project's estimated capital costs; and WHEREAS,the Board programmed these funds based on a schedule in which it was anticipated that in FY 2016, HRT would apply to the Department of Rail and Public Transportation for funding to acquire light rail vehicles and the City of Virginia Beach would apply for funding to commence construction in FY2017; and WHEREAS the City of Virginia Beach has not yet committed its local funding share for light rail vehicle acquisition or construction of the Project through any formal City Council actions, nor has the City submitted a grant application for funding from the Department of Rail and Public Transportation for funding in FY 2017; and WHEREAS the City of Virginia Beach has not yet executed the"Memorandum of Understanding between the City of Virginia Beach,Transportation District Commission of Hampton Roads, and Virginia Department of Rail and Public Transportation Concerning the Extension of Light Rail from Norfolk to Virginia Beach Town Center"; and WHEREAS the Board recognizes that the Commonwealth transportation funds programmed for the Project could be programmed to other projects in the FY2017-2022 Six- Year Improvement Program after those projects have been rated in accordance with the House Bill 2 process; and BE IT THEREFORE RESOLVED that the Board reaffirms its commitment to the Virginia Beach Light Rail Extension Project and authorizes the Chairman of the Commonwealth Transportation Board to inform the City of Virginia Beach that by April 30, 2016, the City must demonstrate its commitment to the Project by authorizing the Transportation District Commission of Hampton Roads to submit an application to the Department of Rail and Public Transportation for funding for the procurement of light rail vehicles, and must execute a I i I Resolution of the Board Light Rail February 17,2016 Page Two mutually agreeable Memorandum of Understanding among the City of Virginia Beach, the Transportation District Commission of Hampton Roads, and the Virginia Department of Rail and Public Transportation; in the absence of such affirmative actions by the City of Virginia Beach by the stated deadlines,the Board may reallocate these funds to other eligible projects that have been rated in accordance with House Bill 2. I I a y' COMMONWEALTH of VIRGINIA Commonweafth Transportation Boars kul re\L.I ar.-ne.1r. 1401 t a•t 13roatl Orr cr 4SC24?786-2.-01 `t.irrnxn tZ l,n}an ,Vir irria 23219 (404)-S6-204t0 Agenda item#14 RESOLUTION OF THE COMMONWEALTH TRANSPORTATION BOARD March 16,2016 MOTION Made By: Mr. Malbon,Seconded By: Mr. Williams Action: Motion Carried,Unanimously Title: Programming of Funds for the Virginia Beach Light Rail Extension to Town Center WHEREAS the City of Virginia Beach is the project sponsor for construction of the proposed Light Rail Extension to Town Center, and has requested funding from the Commonwealth to construct the project; and WHEREAS on September 22, 2010 the City entered into a grant agreement with the Virginia Department of Transportation for a grant of$20,000,000 from the Transportation Partnership Opportunity Fund for purchase of the right-of-way for the light rail extension, and that grant agreement requires that the City reimburse the Department of Transportation if the City is not using its best efforts to pursue the light rail extension; WHEREAS on February 17, 2016 the Board reaffirmed its commitment to the Virginia Beach Light Rail Extension Project and authorized the Chairman of the Commonwealth Transportation Board to inform the City of Virginia Beach that by April 30, 2016, the City must demonstrate its commitment to the Project by authorizing the Transportation District Commission of Hampton Roads to submit an application to the Department of Rail and Public Transportation for funding for the procurement of light rail vehicles, and must execute a mutually agreeable Memorandum of Understanding among the City of Virginia Beach, the Transportation District Commission of Hampton Roads, and the Virginia Department of Rail and Public Transportation; and BE IT THEREFORE RESOLVED that the Board authorizes the Chairman of the Commonwealth Transportation Board to inform the City of Virginia Beach that unless the City approves by April 30, 2016, a mutually agreeable binding agreement between the City and the Department of Rail and Public Transportation regarding the provision of City funding for the Resolution of the Board Programming of Funds for the Virginia Beach Light Rail Extension to Town Center March 16, 2016 Page Two procurement of light rail vehicles, and issues a notice to proceed for the vehicles by a date that allows the City to meet a December 2019 deadline for revenue operations of the light rail extension, the Board shall de-obligate any funds programmed in the six-year improvement plan for the Virginia Beach Light Rail Extension project; and BE IT FUTHER RESOLVED that the Board authorizes the Chairman of the Commonwealth Transportation Board to inform the City that in the absence of such affirmative actions by the City of Virginia Beach, including the issuance of a Request for Proposals for a design-build contract, by December 31, 2016,the Board shall de-obligate any funds programmed in the six-year improvement plan for the Virginia Beach Light Rail Extension project and reallocate these funds to other eligible projects that have been rated in accordance with House Bill 2. BE IT FURTHER RESOLVED that should the City fail to meet any of the provisions specified in this resolution that results in the de-obligation of funding for the Virginia Beach Light Rail Extension Project, the City may reapply for funding for the project through the House Bill 2 process. ##tttt II tai ee, ,, art ,,,.. .4 CITY OF VIRGINIA BEACH AGENDA ITEM ,1 ITEM: A Resolution to Redirect Revenues within the Multi-Modal Fund to Enhance the City's Roadways System MEETING DATE: April 5, 2016 • Background: The City has a back-log of unfunded road projects. Improving the maintenance of existing roads and building out the City's intra-arterial road system is a high priority for Beach residents. The Draft Environmental Impact Statement (DEIS) conducted at a cost of $6.6 million over two-years by Hampton Roads Transit (HRT) pursuant to the National Environmental Policy and Act and the applicable policies, procedures, and guidelines of the Federal Transit Agency (FTA), including Title 49 of the Code of Federal Regulations, concluded the following with regard to extending light rail to Virginia Beach: 1. Light rail would not reduce traffic congestion; 2. Light rail would increase traffic congestion in selected areas; 3. Light rail would not materially directly contribute to economic development; and 4. Light rail would not materially contribute to improving air or water quality. It is the fiduciary responsibility of each council member to ensure that private sector generated income and wealth confiscated by government in the form of taxes and fees is applied to the core responsibilities of government and its most effective and efficient utility. The expenditure of local funds on a public transportation proposal that has been analytically adjudicated to deliver no material positive public outcome is fiscally irresponsible and a violation of City Council's fiduciary duties. The proposal to extend light rail from Newtown Road in Norfolk to Columbus Street in Virginia Beach was analytically judged and documented in the HRT DEIS not to deliver a material positive public outcome, and therefore such project would constitute a material waste of the Beach taxpayers' taxes and fees at the opportunity cost of not reducing the backlog of unfunded road projects and unfunded neighborhood repaving projects. Increasing funding in new road construction, increasing funds for repaving in neighborhoods, and improving intra-city bus service provides the greatest public effective and efficient transportation utility to 450,000 Beach residents every day. • Considerations: The attached resolution is an alternative to the City Manager's recommendation to approve a Memorandum of Understanding and the Light Rail Car Purchase Agreement. The resolution provides one example of the opportunity costs of the Light Rail Project. The proposed use of the Multi-Modal funds would substantially increase funding for the CIP Roadways Section, pay for additional street repaving, provide a one- year pilot of no intra-city bus fares, and upgrade bus stops. • Public Information: Normal Council agenda process. • Attachment: Resolution Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO REDIRECT REVENUES WITHIN 2 THE MULTI-MODAL FUND TO ENHANCE THE 3 CITY'S ROADWAYS SYSTEM 4 5 WHEREAS, the estimated 450,000 residents of Virginia Beach quality of life is 6 adversely impacted by a half a billion dollars in back-logged and unfunded road 7 projects; 8 9 WHEREAS, improving the maintenance of existing roads and building out our 10 intra-arterial road system is a high priority for Beach residents; 11 12 WHEREAS, the Draft Environmental Impact Statement (DEIS) conducted at a 13 cost of $6.6 million over two-years by Hampton Roads Transit (HRT) pursuant to the 14 National Environmental Policy and Act and the applicable policies, procedures, and 15 guidelines of the Federal Transit Agency (FTA), including Title 49 of the Code of 16 Federal Regulations, concluded the following with regard to extending light rail to 17 Virginia Beach: 1. Light rail would not reduce traffic congestion; 2. Light rail would 18 increase traffic congestion in selected areas; 3. Light rail would not materially directly 19 contribute to economic development; and 4. Light rail would not materially contribute to 20 improving air or water quality; 21 22 WHEREAS, it is the fiduciary responsibility of each council member to ensure 23 that private sector generated income and wealth confiscated by government in the form 24 of taxes and fees is applied to the core responsibilities of government and its most 25 effective and efficient utility; 26 27 WHEREAS, the expenditure of local funds on a public transportation proposal 28 that has been analytically adjudicated to deliver no material positive public outcome is 29 fiscally irresponsible and a violation of City Council's fiduciary duties; 30 31 WHEREAS, the proposal to extend light rail from Newtown Road in Norfolk to 32 Columbus Street in Virginia Beach was analytically judged and documented in the HRT 33 DEIS not to deliver a material positive public outcome, and therefore such project would 34 constitute a material waste of the Beach taxpayers' taxes and fees at the opportunity 35 cost of not reducing the backlog of unfunded road projects and unfunded neighborhood 36 repaving projects; 37 38 WHEREAS, increasing funding in new road construction, increasing funds for 39 repaving in neighborhoods, and improving intra-city bus service provides the greatest 40 public effective and efficient transportation utility to 450,000 Beach residents everyday; 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, THAT: 44 45 The real estate tax rate increase in the amount of 1.8 cents, the $5 increased in 46 the annual vehicle license fee, and the redirection of Agricultural Reserve Program and 47 Open Space Funding adopted in the FY 2015-2016 Budget to finance the extension of 48 light rail in contradiction to the DEIS's findings are hereby redirected as specified as 49 follows to deliver the greatest public good in contrast rewarding special interests at the 50 larger public's expense: 51 52 1. The unexpended balance of the Multi-Modal Fund in the FY2016 Budget that 53 is attributable to the 1.8 cents of real estate tax, $5 increase in vehicle license fee and 54 the approximate $4.5 million in redirected revenue dedications is hereby transferred to 55 the CIP Roadways Section to increase funding for the repaving of neighborhood roads 56 with City Staff to provide a prioritization of projects for City Council approval. 57 58 2. The City Manager is hereby directed to resubmit the FY2017 budget to 59 reallocate the aforementioned revenue streams as follows: 60 61 a. One cent (approximately $5.4 million) of the 1.8 cents in the Multi-Modal 62 Fund to be reallocated to the Capital Improvement Program's Roadways 63 Section to finance municipal debt of at least $50 million for additional road 64 construction with the balance of the collected revenues allocated to road 65 reconstruction; 66 67 b. The eight tenths of a cent shall be used for pay-as-you-go street repaving 68 (approximately $4.32 million); 69 70 c. The revenues redirected from ARP and Open Space (approximately $4.5 71 million) are hereby directed to increase bus frequency on selected routes 72 and finance a one-year pilot of no intra-city bus fares to test the latent 73 demand for transit under the most favorable conditions; and 74 75 d. The revenues generated by the additional $5 of annual vehicle license fee 76 (approximately $745,000 annually) shall be provided to upgrade bus stops 77 over the next 10 years. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. APPRO.. ED AS TO LEGAL SUFFICIENCY: City -ir:rney's Office CA13699 R-2 March 15, 2016 .. , , 4 trF, ,: , f 1 4:. -,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring up to 155 Acres of City Property Located in Princess Anne Commons to be in Excess of the City's Needs and Authorizing Transfer of the Property to the City of Virginia Beach Development Authority for a Proposed Biomedical Park MEETING DATE: April 5, 2016 • Background: In 2014, Mayor Williams D. Sessoms, Jr. established the Virginia Beach Biomedical and Health Sciences Task Force (the "Task Force") to explore the creation of a biomedical and healthcare hub in the Princess Anne Commons area of the City of Virginia Beach (the "City"). After conducting a market study, the Task Force examined the benefits of attempting to diversify the City's economy by enhancing the biomedical and healthcare industries in the City. The Task Force determined that the creation of a Biomedical Park in Princess Anne Commons (the "Biomedical Park") would be an effective method for the promotion of those industries. City staff has identified approximately 155 acres of City-owned land, located between Princess Anne Road and Landstown Center Way, in Princess Anne Commons (the "Property") as suitable for Phase I of the Biomedical Park. The Property is a portion of approximately 1,192 acres of land known as Lake Ridge that the City acquired in 1995. The City of Virginia Beach Development Authority (the "Authority") is the development arm of the City and has been instrumental in overseeing other commercial development projects, including several industrial and corporate parks. Accordingly, the Authority is well situated to oversee the development of the Biomedical Park. • Considerations: Transferring title of the Property for the development of the Biomedical Park would facilitate the Authority's ability to promote the expansion of biomedical and healthcare businesses in the City. By focusing efforts in the Biomedical Park, the Authority could expedite development opportunities, including re-zoning and subdividing, as well as facilitate the Authority's ability to negotiate terms for development. In its FY2015-16 Operating Budget, City Council appropriated $1,000,000 to the Department of Economic Development to create a bio-medical industry business development program. In December 2015, City Council authorized the Authority to utilize a portion of those funds for the design and layout of the Biomedical Park, including updating renderings to include new wetlands delineations. Additionally, a CIP project was submitted this year for infrastructure improvement to the Property. As a part of its development of the Biomedical Park, the Authority would implement development guidelines and restrictions, similar to those in effect in all of the Authority's other industrial parks in the City. The Authority would seek City Council's approval of the development guidelines and restrictions to be placed on the Biomedical Park. • Public Information: A public hearing for the proposed conveyance of City • - owned property was advertised on March 27, 2016 in The Virginian-Pilot. Advertisement of City Council Agenda. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by City Council. • Recommendations: Declare the Property excess and authorize the City Manager to execute all necessary documents to convey the Property to the Authority. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting De• - • en • •ency: Economic Development City Manager: . 1 AN ORDINANCE DECLARING UP TO 155 ACRES 2 OF CITY PROPERTY LOCATED IN PRINCESS 3 ANNE COMMONS TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING TRANSFER OF 5 THE PROPERTY TO THE CITY OF VIRGINIA 6 BEACH DEVELOPMENT AUTHORITY FOR A 7 PROPOSED BIOMEDICAL PARK 8 9 WHEREAS, the City of Virginia Beach (the "City") established the Virginia Beach 10 Biomedical and Health Sciences Task Force (the "Task Force") to explore the creation 11 of a biomedical healthcare hub (the "Biomedical Park") in the Princess Anne Commons 12 area of the City; 13 14 WHEREAS, the Task Force was comprised of business and university leaders 15 who performed a market assessment and developed strategies to assist the City in 16 diversifying and enhancing the biomedical and healthcare industry within the City; 17 18 WHEREAS, the City has identified approximately 155 acres located between 19 Princess Anne Road and Landstown Center Way, as shown on Exhibit A attached 20 hereto (the "Property"), as the preferred site for the Biomedical Park's development; 21 22 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 23 was specifically created for the purpose of fostering and stimulating economic 24 development in the City and would be the entity best suited to market the Property and 25 negotiate terms for development; 26 27 WHEREAS, as a part of the development of the Biomedical Park, the Authority 28 would develop and enact development guidelines and restrictions to control the type 29 and scope of development at the Biomedical Park (the "Guidelines"); 30 31 WHEREAS, prior to the enactment of the Guidelines, the Authority would seek 32 City Council approval of those Guidelines; and 33 34 WHEREAS, City staff and the Authority have determined that title to the Property 35 should be transferred from the City to the Authority to facilitate and expedite the 36 proposed development of the Biomedical Park. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA, 40 41 1. That up to 155 acres of City property located in Princess Anne Commons, 42 as shown in blue on Exhibit A attached hereto and incorporated herein, is hereby 43 declared to be in excess of the needs of the City of Virginia Beach. 44 45 2. That City Council, subject to acceptance by the Authority, authorizes the 46 transfer of title to up to 155 acres of the Property to the Authority. 47 4. That the City Manager, or his designee, is hereby authorized to execute 48 any and all documents to complete such transfer, so long as the documents contain 49 such terms, conditions and modifications as may be acceptable to the City Manager and 50 in a form deemed satisfactory by the City Attorney. 51 52 5. That the City Council requests and recommends that the Authority a) 53 adopt a Resolution accepting the transfer of the Property; and b) develop the Guidelines 54 for approval by City Council prior to any sale or development of the Property. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 57 day of , 2016. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: � � ina City Attorney Economic Development CA13590 vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D021 13019\00224595.DOC R-1 3/22/2016 2 _ . • r .7 r .— ,— ri A a i a a is '. .,... y ,gay . % - T 1' 4411 ; 4 55 - z k .., ,. ' '. s s .' : a r m f : x fl i i yy i ^# iSKr A " .. ... "iii; :R 7i .f i i " ; i f.. .. qac n • ,.. r r� ! / F illigiiCki . .. n. n M s a n .. o r n m ilimillit 1 4,4 ,a 4 y i Yi Vii. . A I r #.:** 4 ' - a ` 9, v v v ,, , - iii.....i .1,-.ji ,--;,,- in m0v m O - ir* . a0 A a f „ o 1..••••=,... n X o ,3C z g D 11- . ... , , ,, , , ,. ..; , . , , ,.. . 4# I I ,,-,,,,rt ,,,,,.....„,,, .N .-x i�$ Fsj V CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Adopt the 2016 Housing Choice Voucher Annual Agency Plan, including a Revised Administrative Plan, and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 5, 2016 • Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV Program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate a HCV Program to submit (1) An Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program and (2) an Administrative Plan. • Considerations: The purpose of the Annual Agency Plan is to update HUD of -DHNP's progress in achieving the goals in the Five Year Plan, which was adopted last year. The Annual Agency Plan also describes the organization of the HCV program, and details the strategies employed in satisfying affordable rental housing needs in the City. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. Also covered by this ordinance is the HCV Administrative Plan, which details the policies and procedures that govern the day to day operation of the HCV program. The previously approved Administrative Plan has undergone revision and is included for approval in this ordinance request. The Annual Agency Plan incorporates the provisions of this revised Administrative Plan and also provides additional plan elements and certifications that are required by HUD annually. The approved plans must be electronically submitted to HUD no later than April 15, 2016. • Public Information: Public information will be provided through the normal Council Agenda process. A copy of the Plans is available for public inspection at the Office of the City Clerk. Also, the Administrative Plan is posted on at vbgov.com. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Exhibit A (Parts 1 & 2) Recommended Action: Approval Submitting111 De �� pa ent/Agency: 'o �� . Neighborhood Preservation City Manager: ` 1 AN ORDINANCE TO ADOPT THE 2016 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN, INCLUDING A 3 REVISED ADMINISTRATIVE PLAN, AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 5 PLAN TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for 14 each fiscal year in which DHNP receives federal funding for its HCV program; and (2) a 15 revised Administrative Plan as applicable; 16 17 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the 18 DHNP's progress in achieving the goals stated in the Five Year Plan, which was 19 adopted last year; 20 21 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 22 operational procedures of the HCV program in DHNP; 23 24 WHEREAS, the DHNP is also required by HUD to include a certification in the 25 Five Year Agency and Annual Plan demonstrating DHNP's compliance with applicable 26 laws, and HUD rules and regulations, in order to continue to operate the HCV program; 27 28 WHEREAS, executive summaries of the Annual Plan and Administrative Plan are 29 attached hereto, and a copy of all Plans are on file with the City Clerk. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That DHNP's Annual Plan and Administrative Plan for the Housing Choice 35 Voucher Program are hereby approved, provided such plans conform in all material 36 aspects to the executive summaries attached hereto as Exhibit A, and 37 38 That the City Manager is hereby authorized to execute and submit such plans to 39 the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S IENCY: Depa'• t . HOU-sing & � tc7�ne P SAY Neighborho.. Preservation CA13698/R-1/March 4, 2016 Exhibit A (Part 1) Executive Summary 2016 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 5, 2016 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing &Neighborhood Preservation (DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 1,900 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2015. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV) program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 7, 2015 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: 1 Exhibit A (Part 1) Executive Summary 2016 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 5, 2016 • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension"means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy" (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for special purpose (e.g. continuum of care), including funding for specified families or specified category of families (Chapter 4); • Occupancy polices, including definition of what group of persons may qualify as a"family", definition of when a family is considered to be "continuously assisted", standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside of areas of low income (Chapter 1); • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit (Chapter2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12); • How to determine who remains in the program is a family breaks up (Chapter 12); • Informal review procedures for applicants (Chapter 18); • Informal hearing procedures for participants (Chapter 16); 2 Exhibit A (Part 1) Executive Summary 2016 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 5, 2016 • The process for establishing and revising voucher payment standards (Chapter 8); • The method of determining reasonable rent to owners (Chapter 11); • Special policies concerning special housing types in the program (e.g. use of shared housing) (Chapter 4); • Policies concerning debts owed by families to DHNP (Chapter 17); • Interim re-determinations of family income and composition (Chapter 12); • Restrictions on the number of moves by a participant family(Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 10); and • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) Additional Detail on Plan Contents Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de-concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs (FSS) - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found 3 Exhibit A (Part 1) Executive Summary 2016 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 5, 2016 As mentioned,many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to City Council adoption of the 2016 Agency Plan, there must also be approval of two HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-sl which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan, and is previously cited. On February 22, 2016,the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 17, 2016, in conjunction with our Resident Advisory Board meeting. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 16, 2016, which is the required 75 days before the beginning of our Federal Fiscal Year of July 1, 2016. Administrative Plan: Staff has developed revisions to the 2016 plan. Primary differences between the prior plan and this proposed revision are as follows: • Numerous format, grammatical and organizational corrections. • Revisions to ensure the plan reflect actual day-to-day operations of VBDHNP's Rental Housing Division. • Includes a revision to the statement of policies and objectives to require Fair Housing Training of new owner participants only. • Revision to the local preference to include a"Displacement Preference" (Chapter 4). • Includes an insertion in the Housing Quality Standards and Inspection Policy for lead based paint hazard cleanup of properties built prior to 1978 (Chapter 10). • Includes an insertion in the Housing Quality Standards and Inspection Policy on the topic of elevated lead blood levels (Chapter 10). 4 Exhibit A (Part 1) Executive Summary 2016 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 5, 2016 • Includes an insertion in the Housing Quality Standards and Inspection Policy on the qualifiers of"Life Threatening Conditions" (Chapter 10). • Includes a revision to the Housing Quality Standards and Inspection Policy to now"require"utility activation prior to the unit inspection (Chapter 10). • Includes a revision to the Complaints and Appeals policy to ensure that participants have access to "all" evidence intended for use during a termination hearing (Chapter 18). These proposed revisions were advertised and made available along with the Annual Plan as noted above. 5 Exhibit A(Part 2) Summary of administrative plan changes 2016 Location Topic Change/Issue Reason Page Statement of (G)Annual Fair housing Training. Correction of language to 1-4 Policies and Amend language and require as a reflect actual practice. Objectives condition of program participation"new" owners to receive Fair Housing Training. Page Statement of Removal of PBV Project"Noah III-VII Correction of language to 1-12 Policies and from projects supported with PBV reflect actual funding of Objectives funding for Community Housing Partners. projects. Project converted to tenant based vouchered by the execution of the 2016 Administrative Plan. Page 4-3 Establishing This preference allows the Insertion of the Displacement Preference. Preferences and Department to provide "This preference is extended to families Maintaining the housing assistance to Waiting List who will be displaced or required to families who face vacate housing as a result of the acquisition of property for new homelessness as a result construction which will receive federal of the demolition of funds. Such housing does not include property in which federal hotels, motels, and shelters. Certification funds is used in the from the Department of Housing and acquisition of a Neighborhood Preservation concerning replacement project. the displacement due to development or local improvement is required. Page Housing Quality Include Lead Based Paint procedures as Update administrative 10-3 Standards and well as Elevated Lead Blood Levels plan to ensure compliance Inspection Policy procedures. Identify owner and DHNP with HUD regulations responsibilities associated with the proper lead paint hazard clean up and tenant notification. Requirements include record management, and established time limitation allotted for correction. Chapter Housing Quality Life Threatening Conditions Inclusion of language to 10 Standards and (24 CFR 982.404 A) ensure compliance with inspections policy Insert language outlining the unit and HUD regulation. living conditions DHNP has identified as life threatening which requires immediate correction on the part of the owner or participant. 1 Location Topic Change/Issue Reason Page Inspection (2).Amend language to now require the Correction of language to 10 - 1 guidelines/Types activation of utility services prior to the ensure compliance with of Inspections date of the unit inspection. HUD regulations. Page Initial Inspections (A)2. Amend language to the following: Correction of language to 10 -1 Inspections will be scheduled and ensure compliance with completed within 20 business days of HUD regulations. receipt of the RAFTA. Page Complaints and Hearing Procedures: Correction of policy to 18-6 Appeals Amend language to ensure that ensure that the participant participants who face program termination has access of all discovery are entitled to examine and record"all" evidence. documents/evidence intended for use during the hearing proceedings. Chapter Project Based Updated summary of committed project Update plan to reflect 19 Vouchers based vouchers. Inclusion of 2015 RFP recent changes. award to Lawson and Second Act for PBV funding. 2 1 11 ,,a e'Fa4,- 1 4 Ala. Z y�4w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Gregory D. Surber to the Position of Assistant City Attorney MEETING DATE: April 5, 2016 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Gregory D. Surber as an Assistant City Attorney, effective April 22, 2016. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney r`,mpE, City Manager: ` hi- 4iii '' 1 A RESOLUTION APPOINTING GREGORY D. SURBER TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to§2-166 of the City Code, Gregory D. Surber is hereby appointed to 8 the position of Assistant City Attorney, effective April 22, 2016. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA13714 R-1 March 23, 2016 eii k • -� �R :}vi„v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Rename the City Building Located at 409 Birdneck Circle from the "Recovery Center" to "Pathways Center at Birdneck" MEETING DATE: April 5, 2016 • Background: The Recovery Center located at 409 Birdneck Road was built by the City of Virginia Beach in 2002 to expand the provision of detox services to citizens of Virginia Beach. The Recovery Center was initially designed to provide social detoxification treatment, but over the ensuing years, it began to change to medically supervised detoxification. Around 2008, the Center entered into an agreement with the state's Region V Reinvestment initiative to provide crisis stabilization services with a memorandum of understanding that the majority of the beds would convert to crisis stabilization and a few beds remain primarily for citizens of Virginia Beach to obtain detox treatment. • Considerations: During a recent review by the Department of Human Service's Office of Continuous Quality Improvement and with input from City's Attorney office, a recommendation was made to change the name of the program to better reflect the Program's expanding mission to provide urgent mental health services without losing its historical expertise in providing substance abuse treatment. Additionally, the name change allows for enhanced compliance with Federal (CFR 42) and State Licensure regulations regarding patient confidentiality. As a way of generating a sense of ownership and being mindful of the long tenures among a number of staff members, Recovery Center staff was given the opportunity to vote on a new name for the building and selected "Pathways Center at Birdneck." City Administrative Directive 3.19, "City Facility Naming Directive", provides that the City Manager shall present to City Council for approval the proposed name of a City facility, and the name should reflect the geographic area where the facility is located, the name of the department occupying the facility, the purpose of the facility, something of historical significance related to the facility, or any combination thereof. • Public Information: Public information will be provided through the normal Council Agenda process. • Attachment: Resolution Recommended Action: Approval Submitting D- . • j me• . R .ency: Department of Human Services (/ City Manager. . ,\ 1 A RESOLUTION TO RENAME THE CITY BUILDING 2 LOCATED AT 409 BIRDNECK CIRCLE FROM THE 3 "RECOVERY CENTER" TO "PATHWAYS CENTER AT 4 BIRDNECK" 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That the City Council hereby renames the City building located at 409 Birdneck 8 Circle from the "Recovery Center" to "Pathways Center at Birdneck," because this name 9 better describes the facility location and the programs located therein. 10 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /6/tv‘0(tiC Pub is Works City Attorney's Office CA13707 R-1 March 25, 2016 gyp.`I4, s :s, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $20,000 from the Virginia Department of Emergency Management to the Fire Department's FY 2015-16 Operating Budget MEETING DATE: April 5, 2016 • Background: The City has been awarded $20,000 from the Virginia Department of Emergency Management (VDEM) from the FY 2014 Emergency Management Performance Grant Program. This is a federal grant from the United States Department of Homeland Security that is passed through VDEM. The grant's purpose is to purchase transportation training equipment and simulators so the HazMat Team can conduct training and be better prepared to respond to incidents. • Considerations: The total grant amount is $40,000, with a City match requirement of $20,000. This match will utilize operating accounts in the Fire Department's FY 2015-16 Operating Budget, which are available. The end of the program period is July 31, 2016 for obligation of funds. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep- • k , gency: Fire Department , / City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE VIRGINIA DEPARTMENT 3 OF EMERGENCY MANAGEMENT AND TO 4 AUTHORIZE A LOCAL GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $20,000 is hereby accepted from the Virginia Department of 10 Emergency Management and appropriated, with estimated federal revenue increased 11 accordingly, to the FY 2015-16 Operating Budget of the Fire Department to purchase 12 transportation training equipment and simulators for the HazMat Team. 13 14 2. That the required local match of $20,000 is available within the operating 15 accounts of the FY 2015-16 Operating Budget of the Fire Department for the HazMat 16 Team. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia on the day 19 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 h „, J Bus get and Management Services City • -y's ice CA13712 R-1 March 23, 2016 ,`P-Piliniq by 111 6 , W '-::4,...... CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Victim Witness Program in the Office of the Commonwealth's Attorney MEETING DATE: April 5, 2016 • Background: Since 1990, the Office of the Commonwealth's Attorney (CWA) has received a Victim Witness Assistance Grant from the Virginia Department of Criminal Justice Services (DCJS) for the Virginia Beach Victim Witness Program. The mission of the program is to provide information and assistance to victims and witnesses of crime in accordance with the Virginia Crime Victims and Witnesses Rights' Act. This grant provides funding for part of the salary/benefits for 6.5 FTEs including 3 full time caseworkers, 1 part-time caseworker and 3 full-time support staff positions. The State awards this grant for two fiscal years, and it is included as part of the City's annual budget process. The amount included in the CWA's FY 2015-16 Operating Budget is $273,771. Although the DCJS grant does not require a local match, the City has provided funding annually to cover operating support costs and unfunded personnel/fringe benefit costs. The City's contribution for these costs in the FY 2015-16 Operating Budget is $64,197. The actual annual amount awarded for FY 2015-16 increased by 15% ($41,066) to $314,837 due to an increase in federal pass-through funds. DCJS has directed that these funds be used for supplies or other program support costs. The increased funding will be used to purchase supplies for the waiting area, books to help victims deal with emotional crises, and public service announcements. • Considerations: Because the amount of DCJS grant funding changed, adjustments are required to the CWA's FY 2015-16 Operating Budget. Federal pass- through funding supporting the DCJS grant should be increased from $0 to $41,066, which will increase the overall DCJS Victim/Witness grant from $273,771 to $314,837 (excluding City funding). • Public Information: Public information will be provided through the normal Council Agenda process. • Attachment: Ordinance Submitting De• = e I ' •ency: Office of the Commonwealth's Attorney City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR THE VICTIM WITNESS 3 PROGRAM IN THE OFFICE OF THE COMMONWEALTH'S 4 ATTORNEY 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 $41,066 is hereby accepted from the Virginia Department of Criminal Justice 8 Services and appropriated, with estimated federal revenues increased accordingly, to the 9 FY 2015-16 Operating Budget of the Office of the Commonwealth's Attorney for the 10 Virginia Beach Victim Witness Program. 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: PaniU) Budget and Management Services City A s 0 e CA13710 R-2 March 22, 2016 r CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: An Ordinance to Appropriate Funds from the Fire Department Gift Fund to the Fire Department MEETING DATE: April 5, 2016 • Background: The City has a Fire Gift Fund to provide a method for individuals or businesses to donate money to the Fire Department. The money is deposited into the fund and tracked to ensure it is expended for the purpose for which it was donated. Between July 2012 and December 2015, $190 was donated to Fire Station 5 by numerous individuals. Between May 2014 and February 2015, $250 was donated to Fire Station 16. These donations were designated for these specific fire stations to use as they deemed appropriate, which in this case is to purchase a grill for each station. • Considerations: The Fire Department requests appropriation of the $190 and $250 to allow it to spend the donated funds. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depa• •sen 1. •ency: Fire Departme' 'ir% City Manager: i� vs, II 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE FIRE DEPARTMENT GIFT FUND TO THE FIRE 3 DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 That $440 from the Fire Department Gift Fund is hereby appropriated, with 9 estimated donation revenue increased accordingly, to the FY 2015-16 Operating Budget 10 of the Fire Department to purchase two grills, one for Fire Station 5 and one for Fire 11 Station 16. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day 14 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 ailf) 1) Budget and Management Services City-1 • - -y's • ice CA13713 R-1 March 23, 2016 J. PLANNING 1. ASHDON BUILDERS, INC. & ESTATE OF BERTHA H. CAFFEE /ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK,JAMES M. SMITH, SR. (Owner): Change of Zoning(AG-2 to R-10) Comprehensive Plan: Suburban Area re density Variance to Subdivision Section 4.4(b): Floodplain—Princess Anne Road and Fenwick Way Conditional Change of Zoning(AG-1 & AG-2 to R-10) Comprehensive Plan: Suburban Area re density Subdivision Variance to Section 4.4(b) re Regulations at Princess Anne Road and Fenwick Way DISTRICT 7 - PRINCESS ANNE REQUESTED DEFERRAL to April 19 RECOMMENDATION APPROVED 2. TASTE UNLIMITED, LLC for a Conditional Use Permit re outdoor recreation and a Modification of Proffers to allow parking at 4097 Shore Drive (approved by City Council July 2, 2013) DISTRICT 4—BAYSIDE RECOMMENDATION APPROVED 3. THE TRUSTEES OF NEW LIFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 3312 Dam Neck Road (approved by City Council December 10, 1984) DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVED 4. TAYLOR FARMS LAND COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re a borrow pit at 2297 Harpers Road (approved by City Council March 22, 2011) DISTRICT 6—BEACH RECOMMENDATION APPROVED 5. NADER C. VASDIKI HOLLAND PLAZA SHOPPING CENTER, LLC for a Conditional Use Permit re indoor recreation at 4318 Holland Plaza Shopping Center DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVED 6. AUTO AND EXPORT, INC. J & J SHIKELLAMY, LLC for a Conditional Use Permits re auto repair and bulk storage at 569 Central Drive DISTRICT 6—BEACH RECOMMENDATION APPROVED 7. SUE DAVIS, TRUSTEE OF THE FRANKLIN L. COX IRREVOCABLE TRUST for a Change of Zoning from I-1 Industrial District to B-1A Limited Community Business District at 5775 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVED NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virgins Beach will be held in the Council Chambers of the City Hall Buiktttg. Municipal Cerner,Virgins Beach.Virginia,on Tuesday,April 5,2016 at 6:00 p.m..at which time the fotowlrg applications will be heard: DISTRICT 7-PRINCESS ANNE ASHDON BUILDERS, INC. & ESTATE OF BERTHA H. CAFFEE/ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE. JACKIE WELTON DAVIS, MARY MELISSA CAFFEEPEACOCK, JAMES M. SMITH, SR. Change of ZonirC(AG-2 Agricultural District to R-10 Residential District)Comprehensive Plan: Suburban Area. Proposal is for 1 single-family dwelling(density of 2.32 units per acre); Subdivision Variance to Section 4.4lbI of the Subdk'islon Regulations: Floodplain Variance to Section 4.10.B.3 of the Flovdosin Ordrtarre. North side of Princess Anne Road,approx.460 feet east of Fenwick Way (SPIN 2404 234 958): Conditional Change of Zonij-of(AG1&AG-2 Agrbulturai Districts to Conditional R10 Residential District:, Comprehensive Psn. Suburban Area. Proposal is for 17 single-family dwellings(density of 1.93 units per acre): Subdivision Variance to Section 4.4lb)of the Subdivision Regulations.2344 Princess Anne Road IGPIN 24 04244 097, DISTRICT 3-ROSE HALL NADER C. VASDIKI/HOLLAND PLAZA SHOPPING CENTER, LLC Conditional Use Permit (indoor Recreational Facility). 4318 Holland Plaza Shopping Center (GPIN • 147 6975253) DISTRICT 6-BEACH TAYLOR FARMS LAND COMPANY, LLC Modification of Conditions to a Conditional Use Permit (Borrow Pit) approved by City Council on March 22.2011.2297 Harpers Road(Portion of GPIN 2409665160,, DISTRICT 2-KEMPSVILLE SUE DAVIS. TRUSTEE OF THE FRANKLIN L. COX IRREVOCABLE TRUST Change of Zoning from I-1 Industrial District to BLA Limited Community Business District 5775 Prircess Anne Road(GPIN 1457947014) DISTRICT 6-BEACH AUTO AND EXPORT,INC./1&1 SHIKELLAMY, LLC Corditioral Use Permits (Automobile Repair Garage & Bulk Storage Yard) 569 Central Drive IGPIN 1496678840) DISTRICT 4-BAYSIDE TASTE UNLIMITED, LLC Conditional Use Permit(Outdoor Reereateral Febilityj)and a Modification of Proffers approved by City Council on July 2,2013.4097 Shore Drive (GPINs 1479988039. portion of 148 9161962) DISTRICT 3-ROSE HALL THE TRUSTEES OF NEW LIFE PRESBYTERIAN CHURCH Modification of Conditions to a Conditional Use Permit Religious Use) approved by City Council on lune 13,1988. 3312 Dam Neck Road IGPIN 1495036847) All interested parties are invited to ellen . Ruth Hodges Fraser, City C rk Copies of the proposed ordirrrres. resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.cornip: For information call 385.4621. If you are physically disabled or visually Impaked and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303. BEACON: MARCH 205 27 2016 ad#25014714A ..v.ip,sy.%lics, , .v. ` „„- .-- .\ N.:, \ . . _ .. ,.: - -- -':.::\... . :.\,\,•'s.,.„,. ,, 1:140AIL.0,..: . ilf.,Ab:::_40..,<,,At., ,.,,,Oitfe,1%,„ %,',', 441r. -. _ :410kT . is \----.: c5 '., 1711ak \ >,,N,...:.-: ..... ___::,7 ,:;,--7A-:\ .,,,,.. \-\\:::\::. ° :.:. ,\\\.,....•'\''.(1;,. V il. - •/ . - 4 . -, ,--, 4 '' \'' V ' .4.k. ..,,, :::\*\ - #, ' , --- # lip' , _ ii, ,,, 7c\u`N. ...,:••, 0 '-'"-\ ____,,o, 12. .. Jr el,) ,,i,.0 , ,„, --,. -.-: fr., '.. 4 .„. ._...- , ,.. 6-1,,/ „...--7- ,,,, ,„ - ,,:i ,,, ,, .:„.... _. - „. . „,_ „, .....,.., 1, . p,...),,.,L,,,.,.{\, 7"41. ., .. ,z1.... N'- °,41 ,0:41', "°,- :40,„..: . , ,':\\k.\\\\, - kk,-..\ .,,,,,)..040,k, .. ., 3, ,,,,,0 , i _. , , jo„, \ ,. ,„.„„ D . likr...41> 4,4. 4.4111*Ahk. '::'‘.\ ,.. iki \ Q?..0,C2 '41/4c3 ' ifl,ePP./.-:'-.74,47Ak. cz:1 14t, \' '<% 1, � -- ' \ 1 II [ liainii?Isl, i-` vy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM:ASHDON BUILDERS, INC., ESTATE OF BERTHA H. CAFFEE [Applicant] ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK, JAMES M. SMITH, SR. [Owner], for a Change of Zoning (AG-2 Agricultural District to R-10 Residential District) Comprehensive Plan: Suburban Area. Proposal is for 1 single-family dwelling (density of 2.32 units per acre), Subdivision Variance to Section 4.4(b) of the Subdivision Regulations, Floodplain Variance to Section 4.10.8.3 of the Floodplain Ordinance. North side of Princess Anne Road, approx. 460 feet east of Fenwick Way (GPIN 2404234958); Conditional Change of Zoning (AG-I & AG-2 Agricultural Districts to Conditional R-10 Residential District) Comprehensive Plan: Suburban Area. Proposal is for 17 single-family dwellings (density of 2.16 units per acre), Subdivision Variance to Section 4.4(b) of the Subdivision Regulations. 2344 Princess Anne Road (GPIN 2404244097); North side of Princess Anne Road, approximately 460 feet east of Fenwick Way (GPIN 2404234958000). 2344 Princess Anne Road; North side of Princess Anne Road, approximately 460 feet east of Fenwick Way (GPINs 2404241430, 2404234958). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: April 5, 2016 • Background: The submitted concept plan depicts the extension of Pierce Lane to the east with 16 new single family parcels carved out of the almost nine-acre Lot 2. The plan also depicts Lot 1, which will have a single-family unit on it and will provide direct access to Princess Anne Road for the clearing and infrastructure installation activities in preparation for the construction of the new homes. An existing dwelling with a driveway with direct access to Princess Anne Road is also shown on a reconfigured Lot 2. The overall density for the entire project, including Lot 1 (0.43 acres), Lot 2 (8.79 acres), and a 2,050 square foot parcel (0.043 acres) that will be incorporated into Lot 2 (which is currently zoned R-10), is proposed as 1.94 units per acre. A Subdivision Variance to create both Lot 1 and the reconfigured Lot 2 is also being requested, as much of the parcels' land area is within the Floodplain Subject to Special Restrictions and the Zoning Ordinance does not allow property within this floodplain to count towards meeting either the lot area or lot width minimum requirements. A Floodplain Variance is also requested for Lot 1 for fill associated with a driveway, lot drainage, the dwelling's foundation, the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line. ' II Ashdon Builders, Inc. Page 2 of 3 • Considerations: The City of Virginia Beach/NAS Oceana Joint Review Process group reviewed the proposal on March 26, 2015, and found it to meet the requirements of the AICUZ Overlay Zoning Ordinance, as the density of the adjacent Princess Anne Quarter neighborhood is 2.44 units per acre and this proposal is 1.94 units per acre. The submitted concept plan depicts the extension of Pierce Lane to the east with up to 16 new single-family dwellings, all compliant with the R-10 Residential District minimum requirements, which is the same zoning as the existing and adjacent Princess Anne Quarter neighborhood. In Staff's view, the high quality building materials that are proposed by Ashdon Builders are comparable in quality and design to the exterior building materials on the existing homes in Princess Anne Quarter. In addition, the square footage of the homes as proffered by Ashdon Builders is consistent with square footages proffered by the developer of Princess Anne Quarter. When Lot 1 was established in 1962, it met all of the A-R Agricultural District requirements; however, the lot was never legally platted. Interestingly, the lot has a unique Geographical Parcel Identification Number(GPIN), typically assigned to legally established lots, and the City has taxed the parcel as configured for almost 50 years. In Staffs view, the granting of the Floodplain Variance is acceptable due to the physical characteristics of the property, as opposed to a personal hardship of the applicant. • Recommendations: Opposition was present at the Planning Commission meeting. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council, subject to the proffer agreement and the following additional conditions. Subdivision Variance Conditions: 1. Lots 1 and 2 shall be legally recorded substantially as depicted on the submitted exhibits entitled "Exhibit for Subdivision Variance, Proposed Lot 1, Princess Anne Quarter East for Ashdon Builders,"dated October 7, 2015, prepared by John E. Sirine & Associates, Ltd., "Exhibit for Subdivision Variance, Proposed Lot 2, Princess Anne Quarter East for Ashdon Builders," dated October 7, 2015, prepared by John E. Sirine &Associates, Ltd., which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. Ingress/egress to a public right-of-way for Lots 1 and 2 shall be limited to Princess Anne Road, as depicted on the exhibits referenced in Condition 1 above. Floodplain Variance Conditions: Ashdon Builders, Inc. Page 3 of 3 1. When Lot 1 is developed, it shall be in substantial conformance with the exhibit entitled, "Floodplain Variance Exhibit of Single Family Residence on Lot No. 1, Subdivision of Property of Fannie Caffee, Located Near P.A. Courthouse," prepared by John E. Sirine &Associates, Ltd., dated January 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The construction access way and entrance for Lots 3-18 for Princess Anne Quarter East, as depicted on the exhibit entitled, "Preliminary Subdivision/Rezoning Plan of Princess Anne Quarter East," prepared by John E. Sirine & Associates, Ltd., dated January 20, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department, for clearing activities, the installation of utilities and the stormwater management facilities and the sub-base for Pierce Lane extended shall be immediately adjacent to the proposed 20-foot wide utility easement depicted on the exhibit referenced in Condition 1 above, and shall be in accordance with Public Works Standards and Specifications. There shall be no construction of the dwelling on the subject lot until all of the site development work is complete. 3. Any fill on the site, fill associated with a driveway, lot drainage, the dwelling's foundation, the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line shall be the minimum necessary and in accordance with the requirements outlined in Section 4.10.B.4. of the Floodplain Ordinance. 4. The dwelling shall be elevated using a raised crawl space with appropriate flood vents or using a pile foundation to minimize the volume of fill. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval (10-0, with 1 abstention (Commissioner Inman)). Ti Submitting Departure ency: Planning Department , ' City Manager: Applicants Ashdon Builders, Inc., Estate of Bertha H. Caffee.1‘73 Agenda Item Property Owners Estate of Bertha H. Caffee, Thomas Clay Caffee, Jackie Welton Davis, Mary Melissa CaffeeD2 - Peacock, James M. Smith, Sr. Virginia Beach Public Hearing February 10, 2016 City Council Election District Princess Anne Requests Rezoning(Lot 1:AG-2 to R-10 Residential) Conditional Rezoning (Lot 2:AG-1&AG-2 v.*. Agricultural to Conditional R-10 Residential) ,;o �. Uzi Subdivision Variance (Lots 1&2:Section 4.4(b)of ? ,p. ..�. the Zoning Ordinance) ;•, • ��►►� Ts' AG-1 Floodplain Variance (Lot 1:Section 4.10.8.3 of the ,41,1 v, 40& Floodplain Ordinance) VJ�% I iratto�,, R i C ,•vim �� � j .+ �1t. 4. Staff Planner rl ;�'�l. 40 Carolyn A.K. Smith 4*,tt+ .� � �! Ms v Location i C> ��$ �v.•'�h�`;� a+1 . + ,, ♦ • !>�sv • -2 2344 Princess Anne Road; North side of Princess 4©or.,1T :. Anne Road, approximately 460 feet east of 44444 . t OI I, ,ktaigik -Fenwick Way " � *1-0.11:14040,S.___ i1 `s � GPINst* 24042414300000; 24042349580000 �' ro- '�—°—` °a' ,r_____-- , •G' Site Sizes Lot 1: 18,796 square feet (0.43 acres) Lot 2: 8.83 acres (8.79 acres to be rezoned), (2,050 square feet to be incorporated into Lot 2) AICUZ 65-70 dB DNL; Sub Area 2 , Existing Land Use ;; ,•y Lot 1 is a wooded, undeveloped parcel.There is a .r.� sa s> single-family dwelling on Lot 2. Ir. ;4' E.Surrounding Land Uses and Zoning Districts -,*-•4 , -, North r . 41, Woods, park, single-family homes/AG-1 & 2 w .,trP ,. Agricultural, R-10 Residential , tiof i '' ;Ilk 1 " ;,$),:, South 1i , �c'o 4,ty;v4„ Princess Anne Road ,r'q,14 .. ' " Vacant property/AG-2 Agricultural _ -'' ` .. *A-4> :Sae.�� East o Single-family home,vacant wooded parcel/AG-2 e, '' Agricultural . Prr-iiices's"Anel> .7: Rioad '- West Single-family homes/Conditional R-10 Residential Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 1 Background and Summary of Proposal • The adjacent, 31-acre Princess Anne Quarter neighborhood was developed in the early 2000s following the approval by the Virginia Beach City Council for a rezoning request in 2001.The single family neighborhood consists of 77 lots with vehicular ingress/egress along Princess Anne Road. A public street within the existing Princess Anne Quarter neighborhood, Pierce Lane, was designed with a future connection to this site. • The applicant proposes to rezone two agriculturally zoned parcels, Lot 1 and Lot 2. The submitted concept plan depicts the extension of Pierce Lane to the east with 16 new single family parcels carved out of the almost nine- acre Lot 2. The plan also depicts Lot 1,which will have a single-family unit on it and will provide direct access to Princess Anne Road for the clearing and infrastructure installation activities in preparation for the construction of the new homes. An existing dwelling with a driveway with direct access to Princess Anne Road is also shown on a reconfigured Lot 2. The overall density for the entire project, including Lot 1 (0.43 acres), Lot 2 (8.79 acres), and a 2,050 square foot parcel (0.043 acres)that will be incorporated into Lot 2 (which is currently zoned R-10), is proposed as 1.94 units per acre. • Despite the fact that Lot 1 met all of the A-R Agricultural District requirements when it was established in 1962 and that the City has taxed the lot as configured for almost 50 years, it was never platted as required. A Subdivision Variance to create both Lot 1 and the reconfigured Lot 2 is requested,as much of the parcels' land area is within the Floodplain Subject to Special Restrictions.The Zoning Ordinance does not allow property within this floodplain to count towards meeting either the lot area or lot width minimum requirements. • While physically Lot 1 will contain a total of 18,796 square feet and be 109 feet wide, only 2,013 square feet is counted towards lot area and zero feet for lot width due to the existence of the Floodplain Subject to Special Restrictions. Additionally, proposed Lot 2 is depicted on the concept plan with a total of 17,387 square feet; however,only 6,327 square feet may be counted towards lot area and zero feet for lot width.The table below compares the relevant dimensional requirements of the R-10 Residential District with those proposed for Lot 1 and Lot 2. Required Lot 1 Lot 2 Lot Width in feet' 80 Lot Area in square feet 10,000 54.4. vat.. 'Lot width is measured at the required front yard,not at the right-of-way. • A Floodplain Variance is also requested for Lot 1 for fill associated with a driveway, lot drainage,the dwelling's foundation,the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line. • Almost 2.50 acres of forested wetlands are present on Lot 2. The applicant is pursuing permits through the United States Army Corps of Engineers to fill almost three-quarters of an acre of the forested wetlands that exist along the back portion of eight of the proposed lots. • The Department of Parks and Recreation requested that the applicant dedicate to the City the proposed open space area west of Lot 18, including the stormwater management facility.This 3.35 acres of open space will connect to Litchfield Manor Park, as well as to the Princess Anne Quarter Park, and will be owned and maintained by the City.The amount of open space exceeds the minimum requirement of 15,000 square feet. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 2 • Vehicular ingress/egress will be provided through the existing Princess Anne Quarter neighborhood, which has a connection to Princess Anne Road. Right and left turn lanes were installed along Princess Anne Road to facilitate traffic movements at the entrance of the neighborhood. Sidewalks are proposed on one side of the Pierce Lane extension in a manner consistent with the existing neighborhood. • The vacuum sanitary sewer system that would serve the proposed 17 new units is above capacity and cannot accept new connections. Staff has been working with the applicant to develop a means of upgrading the system to accommodate this development as well as any future development on the adjacent parcel to the east, and to provide capacity for 11 existing residential sanitary sewer connections that are now diverted to another service area. • The proffered dwelling elevations depict exterior building materials of brick, stone and/or cement fiber board. The minimum square footage of living area of the proposed two-story homes is 2,300 square feet and 2,000 square feet for any one-story home. A two-car garage is required for each new dwelling. • As the properties are within the 65-70 noise zone,Sub-Area 2,the request was presented to the City-Navy Joint Review Process Group in March of 2015. No objections were raised as the proposed density is consistent with the surrounding developments. Zoning History # IRegt t .... . 1 CUP(Home Occupation)Approved 12/08/2015 CRZ(AG-1 and AG-2 to Conditional R-10)Approved 10/23/2001 2 CUP(Home Occupation) Indefinitely Deferred 3.4,rt. 05/22/2012 ��'C41146 CC 6 CRZ(AG-1 and AG-2 to Conditional R-20)Approved ♦�f L b�� 09/28/2004 ��.7., SVR Approved 10/28/2004 t'��C-P CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved +�v A rt 01/28/1997 r� R G �$i C� CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved ,`b� t,� A 03/11/1997 J r 4:4N\ A.','' .'' 3 CUP(Religious Use)Approved 05/09/1995 .y''� cC `±�;r"N��j -''�� 4 CRZ(Conditional R-10 to Conditional PD-H2(R-10)) 'J-:,&ez;�� .'s, yr .-, Approved 08/10/2004 �' ik" ,4.-/t,,1 •A 4.1VVAF 10 00 Z'A ESS4 NA �rr`��� MOD Approved 08/10/2004 'flos ' ��`'`� Wtx. At ,+,;_ CRZ(AG-1 and AG-2 to Conditional R-10)Approved�� �'�- �� 05/25/1999 '9-* 5 CRZ(AG-2 Agricultural District to Conditional PD-H2(R- c=) o I 7.5))Approved 07/02/2013 6 CUP(Open Space Promotion) Denied 10/26/2000 CRZ(AG-1 and AG-2 to Conditional R-10) Denied 10/26/2000 7 CRZ(AG-1 and AG-2 and R-10 to Conditional R-10) Approved 08/10/1999 SVR Approved 08/10/1999 Mme+ f ,''''P'',4",-- 4"!::-':-'4"' '. ""m-7,"'"--4;--"" r p„ Application ck S i:''''-'4:4' 's 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 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being in the 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. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through ensuring adjacent compatible surrounding uses, quality and attractiveness of site layout and building design, improved interconnectivity and mobility, environmental responsibility, and effective buffering with respect to type, size, and intensity of the proposed use and its relationship to the surrounding uses. (p. 3-1, 3-2) More specifically,this site is in the vicinity of the West Neck Creek Greenway and West Neck Creek Natural Area. This greenway corridor is part of the City's efforts to acquire, manage and protect lands in a strategic manner to develop an interconnected system of green spaces that conserves natural ecosystem functions, sustains clean air and water and provides places for flood control, recreation and civic engagement. (p. 7-7, 7-8) Natural and Cultural Resources Impacts The property is located in the Southern Rivers Watershed. No land disturbance is proposed within the 50-foot Southern Rivers Watershed Buffer. Approximately 2.5 acres of forested wetlands are located on Lot 2. Portions of the property along Princess Anne Road are within the Floodplain Subject to Special Restrictions. Specifically, areas within the reconfigured Lot 2, as well as portions of proposed Lots 1 and 10, include property within the AE flood zone.Section 4.10 of the Floodplain Ordinance prohibits new residential structures in the Floodplain Subject to Special Restrictions(Special Flood Hazard Area (SFHA))on lots recorded after October 23, 2001. The existing house on Lot 2 is located outside of this sensitive area and the proposed dwelling on Lot 10 will be placed outside of the SFHA. The placement of a dwelling on Lot 1 is more problematic as a dwelling cannot be placed outside of the SFHA, necessitating a Floodplain Variance. Traffic Impacts Stmt Name -. I a p rf4: .. _.. Princess Anne Road 14,667 ADT 1 15,000 ADT 1(LOS°"D") Existing Land Use 2—20 ADT Proposed Land Use 3-200 ADT 'Average Daily Trips 2 as defined by two 3 as defined by 19 single-family 4 LOS=Level of Service agricultural parcels dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is a two-lane, minor suburban arterial with a variable width of 65 to 80 feet in the vicinity of this site. The MTP indicates an ultimate right-of-way width of 70 feet. There are no CIP projects scheduled for this portion of Princess Anne Road. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 4 Public Utility Impacts Water The existing Lot 2 is already connected to City water. Lots 1,and 3—18 must connect to City water.A hydraulic analysis is required during final site plan review to ensure that water demand can be met.There is an existing 16-inch City water main along Princess Anne Road.There is an existing six-inch City water main along Pierce Lane. Sewer The City Code and the Master Bond Resolution require a developer to install and pay for the water and sanitary sewer infrastructure necessary for a proposed development. The vacuum sanitary sewer system that would serve the proposed 17 new units is above capacity and cannot accept new connections. The existing vacuum system is about 50 connections over capacity,and Public Utilities would like to provide capacity for 11 existing connections that are now diverted to another service area. Under the Department of Public Utilities' current policies,the water and sewer fund may be used to participate in the cost of improvements over and above the developer's responsibility. Public Utilities Staff has proposed to the applicant a proportional cost-share on the basis of the number of residential units that would be accommodated by the system. Based on discussions with the property owners of the vacant parcel to the east adjacent to Princess Anne Quarter(GPIN 2404-24-5926),they also plan to seek a rezoning in the future in order to construct up to 35 residential units.While Staff has not reviewed any plans nor acknowledged the property owners' ability to obtain a rezoning for 35 residential lots, it is clear that any project on that site would also face this similar challenge related to City sewer service. City Staff is currently working to create a three-way, cost participation agreement that is amenable to all parties. School Impacts Princess Anne Elementary 519 586 3 3 Princess Anne Middle 1,459 1,563 2 2 Kellam High 1,986 1,861 2 2 1"Generation"represents the number of students that the development will add to the school. z"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation CHANGE OF ZONING The City of Virginia Beach/NAS Oceana Joint Review Process group reviewed the proposal on March 26, 2015, and found it to meet the requirements of the AICUZ Overlay Zoning Ordinance, specifically the Sub-Area 2 criteria. For property within Sub-Area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: (i) Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and (ii) Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation,the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. The density of the Princess Anne Quarter neighborhood is 2.44 units to the acre and the proposed density with this request is 1.94 units to the acre. Generally,the proposed lots and dwellings will be similar to those in the existing neighborhood in terms of type, size, and intensity of use. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 5 The proposed residential development is designed to be an expansion of the adjacent residential development, known as Princess Anne Quarter.A street within this subdivision, Pierce Lane, was designed with a future connection to the parcel under consideration with this rezoning request. The submitted concept plan depicts the extension of Pierce Lane to the east with up to 16 new single-family dwellings,all compliant with the R-10 Residential District minimum requirements,which is the same zoning as the existing Princess Anne Quarter neighborhood. While the submitted elevations and proffers indicate a primary exterior building material of cement fiber siding with brick and/or stone accents, in Staff's view,these are high quality building materials that are comparable in quality to the primarily brick front facades of the existing homes in Princess Anne Quarter. The rear facades within Princess Anne Quarter are typically vinyl siding. The change of zoning is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area. The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook, includes design recommendations for the Suburban Areas addressing site, building, and landscape design. Below is a brief evaluation of the applicable Guidelines: SITE DESIGN Natural Features: The Guidelines recommend that layout designs be respectful of significant features. Much of the property is heavily wooded.The majority of the mature trees are located where the Pierce Lane extension and the dwelling footprints are proposed. Due to the shape of the parcel, impacting much of the woods is unavoidable.The narrowest portion of the property, behind the existing homes on Pierce Lane, is basically unbuildable and is sparsely wooded. Approximately 2.50 acres of forested wetlands are present on the site. The applicant is seeking a permit from the United States Army Corps of Engineers to fill an area of approximately 33,000 square feet on the rear of lots 11 to 18. Unfortunately,the amount of fill necessary to elevate the proposed lots will require the removal of most of the existing trees. The Floodplain Subject to Special Restrictions is also present on portions of the property along Princess Anne Road and on the northern edge of the site.The applicant has agreed to dedicate 3.35 acres to the City,which comprises of over 1.5 acres of forested wetlands. Access&Circulation:The Guidelines recommend minimization of traffic conflicts and access points and emphasize safety. The Comprehensive Plan encourages interconnectivity between neighborhoods for reasons of safety and traffic flow, including the movement of pedestrians/bicycles.The conceptual site plan indicates that vehicular circulation will be provided by the extension of an existing street from the adjacent neighborhood. The proposed extension of Pierce Lane is consistent with this policy and sound planning practices, hence the reason the stub was established when the Princess Anne Quarter neighborhood was designed and approved. Sidewalks only exist within the neighborhood on main thoroughfares.As such, no sidewalk is proposed within the cul-de-sac.Comments from Traffic Engineering indicated that, as with all new developments,the proposed roadway's width and the cul-de-sac radius must all meet Public Works' Standards. Landscaping: The Guidelines recommend that during the design process new development should,within reason, preserve and integrate into the overall design existing healthy trees and groundcover, especially in high visibility areas of the site. As mentioned above,the prime development area is densely wooded.The individual homes will be required to meet the minimum requirements of the Tree Planting, Preservation and Replacement Ordinance, in this case at least 600 square feet of new tree canopy unless existing trees on site are preserved.Also, street trees will be also be required along Pierce Lane and must be depicted on a Master Street Tree Plan that will be submitted with the construction plans. Stormwater Management as Landscape Features:The Guidelines recommend that stormwater management facilities be integrated into the neighborhood design as open space, landscape and streetscape amenities. Given the configuration and characteristics of the site,the stormwater management facility will be somewhat isolated and will not provide aesthetic value to the general public.The configuration of the parcel and natural topography dictate the location of the proposed stormwater management facility behind several existing homes. The applicant plans to dedicate this area to the City for a wildlife connection to Litchfield Manor Park and the Princess Anne Quarter Park. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 6 Signs: No additional signage is planned along Princess Anne Road, nor within the Princess Anne Quarter neighborhood. Setback& Building Location: Residential structures should abide by the setback provisions of the City Zoning Ordinance. The project reflects this Guideline. BUILDING DESIGN Architectural Elements and Building Materials:Architectural materials used on structures should be long-lasting, attractive, and high quality while reflecting the character of the area associated with it. Structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment.Visual interest should be provided through window and door details,varied rooflines, consistent textures and color, as well as staggered placement of the buildings.The proposal entails the creation of single-family lots, consistent with the existing residential neighborhood.The submitted elevations appear to be in keeping with the desired proportional elements, scale, mass, and height in relation to the surrounding area.The submitted application states that the homes will have fronts of brick, stone and or cement fiber board. Staff is satisfied with the proffered elevations but it should be noted that the proffers for Princess Anne Quarter dictate a minimum of brick on the front facade based on the dwelling's size. SUBDIVISION VARIANCES As mentioned above,when Lot 1 was established in 1962, it met all of the A-R Agricultural District requirements; however,the lot was never legally platted. Interestingly,the lot has a unique Geographical Parcel Identification Number (GPIN),typically assigned to legally established lots,and the City has taxed the parcel as configured for almost 50 years. During Staff's review of the overall development, it was revealed that a Subdivision Variance would be required to legally establish this parcel and,just like the reconfigured Lot 2, much of the lot's land area is within the Floodplain Subject to Special Restrictions. The Zoning Ordinance specifically excludes property within the Floodplain Subject to Special Restrictions from counting towards meeting either the minimum lot area or lot width requirements. Neither Lot 1 nor Lot 2 will meet these minimum requirements due to the location of the Floodplain Subject to Special Restrictions on these sites,thereby necessitating a Subdivision Variances in order to create these parcels. Lots 1 and 2 will technically have zero feet of frontage along Princess Anne Road, rather than the 80 feet of width required, and both lots will be below the minimum lot area requirement of 10,000 square feet,with 2,013 and 6,327 respectively. Unlike Lot 1, Lot 2 does have an existing dwelling on it and a driveway with a connection to Princess Anne Road.As one travels along Princess Anne Road, no discernable difference will be apparent between Lots 1 and 2 and other R-10 parcels in the vicinity that meet the lot width and lot area requirements. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 7 1 11 FLOODPLAIN VARIANCE Section 4.10.6.3 of the City's Floodplain Ordinance prohibits residential dwellings from being constructed in the Floodplain Subject to Special Restrictions on lots created after October 23, 2001. Unlike Lot 2, Lot 1 does not have ample area outside of this flood zone to construct a dwelling;therefore,the proposed home and driveway require a Floodplain Variance. It should be noted that if the existing dwelling on Lot 2 is removed, any new home must adhere to the regulations of the Floodplain Ordinance,which could result in the need of a Floodplain Variance. In addition to the request for the dwelling,the relocation of a drainage ditch along the western property line of Lot 1, along with the provision of a construction access to Princess Anne Road (rather than through the Princess Anne Quarter neighborhood) for all clearing and infrastructure installation activities associated with the development are components of this Floodplain Variance request.The area of disturbance in the Floodplain Subject to Special Restrictions is approximately 15,500 square feet. No mitigation is proposed as the majority of the site is within this zone. Section 6.4 of the Floodplain Ordinance states: No variance shall be granted unless the following requirements are met: 1. Such variance will not create or result in: a. Unacceptable or prohibited increases in flood heights b. Additional threats to public safety c. Extraordinary public expense d. Nuisances; or e. Fraud or victimization of the public 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. Variances shall be the minimum necessary to provide relief. 6. All variances shall meet all of the requirements of the Chesapeake Bay Preservation Area Ordinance (Appendix F) and the Southern Rivers Watershed Management Ordinance (Appendix G), unless a variance therefrom is granted. In Staff's view,the granting of the Floodplain Variance is acceptable due to the physical characteristics of the property, as opposed to a personal hardship of the applicant. Had the lot been legally platted in 1962 when it was created, a residential structure could be built on Lot 1 without a Floodplain Variance. Based on the unique situation that this property has been taxed by the City for nearly 50 years as a separate, buildable lot, Staff discussed the elements of this variance request with FEMA and has developed a set of conditions to address this situation that include limits to fill and land disturbance. Staff recommends a condition that when the dwelling is built, it be elevated using a crawl space with appropriate vents or placed on a pile foundation to minimize the volume of fill,which could result in an increase in flood risk for the surrounding properties. Based on the above evaluation, Staff recommends approval of the rezoning requests for Lots 1 and 2,the Subdivision Variances for Lots 1 and 2 and the Floodplain Variance or Lot 1, as proffered and conditioned below. Subdivision Variance Conditions 1. Lots 1 and 2 shall be legally recorded substantially as depicted on the submitted exhibits entitled "Exhibit for Subdivision Variance, Proposed Lot 1, Princess Anne Quarter East for Ashdon Builders," dated October 7, 2015, prepared by John E. Sirine &Associates, Ltd., "Exhibit for Subdivision Variance, Proposed Lot 2, Princess Anne Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 8 Quarter East for Ashdon Builders," dated October 7, 2015, prepared by John E. Sirine &Associates, Ltd.,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. Ingress/egress to a public right-of-way for Lots 1 and 2 shall be limited to Princess Anne Road, as depicted on the exhibits referenced in Condition 1 above. Floodplain Variance Conditions 1. When Lot 1 is developed, it shall be in substantial conformance with the exhibit entitled, "Floodplain Variance Exhibit of Single Family Residence on Lot No. 1,Subdivision of Property of Fannie Caffee, Located Near P.A. Courthouse," prepared by John E. Sirine &Associates, Ltd., dated January 28, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The construction access way and entrance for Lots 3-18 for Princess Anne Quarter East, as depicted on the exhibit entitled, "Preliminary Subdivision/Rezoning Plan of Princess Anne Quarter East," prepared by John E. Sirine &Associates, Ltd., dated January 20, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department,for clearing activities,the installation of utilities and the stormwater management facilities and the sub-base for Pierce Lane extended shall be immediately adjacent to the proposed 20-foot wide utility easement depicted on the exhibit referenced in Condition 1 above, and shall be in accordance with Public Works Standards and Specifications.There shall be no construction of the dwelling on the subject lot until all of the site development work is complete. 3. Any fill on the site,fill associated with a driveway, lot drainage, the dwelling's foundation,the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line shall be the minimum necessary, and in accordance with the requirements outlined in Section 4.10.6.4.of the Floodplain Ordinance. 4. The dwelling shall be elevated using a raised crawl space with appropriate flood vents or using a pile foundation to minimize the volume of fill. Proffer Agreement 1. When the Property is developed, is shall be subdivided into no more than sixteen (16) new residential lots, plus the existing Caffee home site, designated "Lot 2, 15,337 SQ. FT." substantially as depicted on the "Preliminary Subdivision/Rezoning Plan of Princess Anne Quarter East,Virginia Beach,Virginia," dated January 20,2015, and prepared by John E. Sirine &Associates, Ltd. ("Concept Plan"),which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed,each of the sixteen (16) new single family residential dwellings to be constructed shall contain no less than 2,000 square feet of enclosed living area, excluding garage for one-story and no less than 2,300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2)vehicles and the primary exterior building materials on each home will be brick, stone, cement fiber("Hardie plank")or a combination of these materials. Neither the size nor architectural features of the existing homestead or any future replacement of that home on the Caffee home site are regulated hereunder. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 9 3. When the Property is developed, the sixteen (16) new residential dwellings shall have the quality exterior design and architectural features substantially as depicted on the exhibits entitled "Princess Anne Quarter East," dated January 20, 2015,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 10 i I Proposed Site Layout "' 1 r= `"semo. rb b ,, ..IPA /' p i,__ Ct_ , , up .... , „)._ ___,. @ 5 ..:, , ., . •, i R al. 1.14 'lit • 3i? eiFil'gt°1 r ,i tirgIvi 1;8 �d1ff d` 6P" V a ! 111;t' p e 9..1 . N Y II ( TJ 10 i e 1 \•t. W ^•`, .Y,� .�� .`Ca � kms.r 1. :' Q i•:1', yam....I.'�;:diS.'" MEA ° R _ .';t N ;� �',• Y ` .,. 143' C e 9 ..� ,., as fi•¢- cRf c �I r X14 F`�. 8 i •f� m _ t� � !�� O01 ri iiii a r!!! V .� 1 t- 4, 00,. { ,- n� II 0 it N i 13 11ILJ pp ? r . �4 -1 1:/ } ii 1;410 ' '- .--„——, //�� (.,mid\ o V w , RJs j,x . ° ., grog Ili > = , A E- .. ..,. , angAea I � C 55, 1 71 Y, , • //11 �: i!; : . 9 a , . '£ a , E 7 3 F: al t "Ci ir r, Q f1 J N s a 1.1 i 'r,, jp s \ / qqq 0 e Y(/ I�l y e \\ B i d ° I 'I III ;� a .-.-..-.1.. � 4' .[ � 3 p qq 1 F �a S:. 1 I •g 8 `r. liill. �• ' i t �.i +::4 u :°= n i, F ( ni WI 15F i ! ii 'Si i r _. Sx1 ie �= 1 ib,i IA e;�!i .ilici s f ' . e z x = .- , . p . v 0% *ill to F i i ii Ei < , -^L ^±� 1( i' : iei: {t Iiii;11 ia:.; II;j! fs 4; �iii 3� �.e.1 i.e A r v: 8 inE QF 41 I-R:• 3ja51{ IA 2p•1 1 ile�Fs l 1!4'Ii `!i n v�•� 6• �, u�i .rw .9i!yi!i eye 8.!i 2Yti,i¢i ,i !!!i! ..i 1tliz i .BEY ! a iF. i° i' i ,w & i1 i i ..,,,,41, s 1,!31 ,,c 3 4" f f ;F!!ci . �`^ �F,d,g,,as;1o<i,�1,E:a.,§ a t`IFe:gkg• ,.� [ ii1gJIi �IiAIiDi;E! 411;:is);�t4°:s411,i . i. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 11 Existing Survey of Properties 'Gil ffi Oa WWI 1 MO' Ott'stoning NOOMV �, a:�+i-iwi nuo aa.m�r*N4 vo masa ao A.1.113uo41e .a..w.s 500VU3M 14.1•.[611/01%.1 1111..041•A= .V,aJ �-�` sa ,cocusxottemaorl alp*: M.P.NOV!N NOOW CI... i 13 A O N 0. O § 0 J U a C CO 1 § it �°— N x 0 INa 4,v6 6fFF 11$55; gscc a x� . § '.:. ::a„: a c � ue�uangAea to r 3 _ pati. to W a.. a ... Zs S.141 lia• NW eft. .r+..s 31 3n,SOW/11W rs.,z ,6V a .�-. -�” ..7.1.-7;--..7.1.-7;-- s.a•. ro.. /; T `` .. _. n..4 'axwr .11.1r1.1T ,o.na i 1 . L 118V1 W,8�u W,. sli 5;" ' e - fa 3 sim ius 2 a %SW St ` .. t .o x1t64 0_.. rot Tamar. x10.•x1x10.• WbP ' MO OW.. rlr• ai...� � +w.wa.�rvs0,314•00,is ..m�wr® .f.01 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 12 1 11 Subdivision Variance Exhibit, Lot 1 REMAINING PROPERTY OF CAFFEE ESTATE (0.8.720.P.559)(INSTR./2004110400117611330) / 006 2404-24-1430 ie? �T , .O=;'O r7. •, 18 LOT 67 J `�" _ lY OPIN 2LOT 67 1062 El. ,R NOW ON FORMERLY ff+Q� I. �r J011N 3 MAY J' `r (1NSTR (20100329000288870) -.. _ Jj{' IIIMIIIMIIMMIIIIII _ / PROPOSED PROPERTY LAW z�sroc o111. .L O' 14. • •• SF. H tg,, PART OF LOT 68 _ S ' BERTHAPCAFEE AND CPERTY OF - _ •�' u ' ••••• THOMAS CLAY CAFFEE, ET AL I z m TF (195719.920041104001761330) - (2050 50.FT.) / I. (• r.--,•V • D , m PART OF LOT 66 S ''t WIN 2404-23-2930 I- -54710.09' } 2500 LOT M6 2 1 _ NOW OR FORMERLY /= a _ 4 .•' • SUBDIVISION2404-24-4097 OF RAYMND L HART (INSIR/200501200010339) / ' .1f -..• `tj.II Now op Y PART OF PROPERTY.OF 2ANNIE CAFFEE / 4� . • (D.§.720.P.569)(W. 97,P.167)) • 9019 06ZONEDFA Y PROPERTY UNEPr.' TO BE VACATED / PROPOSE) • 1 TOTAL AREA OF LOT 2 / CPN 2404- 4956 (NSTR./20100611000621560) (17367 SF.) / ,. PROPOSED LOT 2 (zaFm .P. 7) N Airn,AREA '", OMT ) W w FLOOD ZONE AE 'o �-o r TOTAI.AREA OF LOT 1 `01,060 SF.) / I N e I A.•° (14796 LOT A '}•�,' WHIN FLOC°ZONE AE W �' *ti` i9 i k¢t �L (16.763 SF.) F f. .4„,;. .j...iF6 8 i :� --4,„•,- "x46i' 5. .j. IF • 1€€€t 1 • , • L i 1.PROPERTY TAX PARCEL LDOITIRCATION 411',0v��•\+ °. », y GPM: 2404-23-4958 '••`t'44, ��, 1 2 ADDRESS: PRINCESS ANNE ROAD 3.THE DR505MERIDIAN SOURCE THIS NUMBER RiV IS 21301ON PLAT Y �� 1 RECORDED M INSTRUMENTEARTOFL1112003082130134448.FLOX( 4,z, \ r^ tl 4. AREAROF APPEARS TO FALL FL FLOW A ZONE X IX ANNA /` (AREA OF 0.2%ANNUAL CHANCE PTHS AREAS OF 1f ANNUAL .. CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS I FOOT OR WITH DRAINAGE AREAS LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS 49441* aalE!• \' I THAR I 50UARE ME.E;AND AREAS PROTECTED BY LEVEES FROM 1B ai41440 ANNUAL CHANCE FLOOD)AND ZONE AE(SPECIAL FLOOD HAZARD AREA ,,{ SUBJECT TO INUNDATION BY THE 1%ANNUAL DIANCE FLOOD)(100YEAR ,J 4.,' FLOOD),(BASE FLOOD ELEVATIONA•50,NAVD•88 AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR NE CITY OF VIRGINIA BEACH, VIRGINIA MAP NUMBER 5155310118E DATED MAY 4.2009. 0 50 100 150 200 FEET GRAPHIC SCALE: 1" = 50' � EXHIBIT PROJECT:PRINCESS ANNE C QUARTERS EAST JOH lir e°•SSOCIATES, LTD. FOR DATUM:NAV°'88 SUBDIVISION VARIANCE RCVS PS 627-ELEV.=8.35) SURVEYORS•ENGINEERS•PLANNERS PROPOSED LOT 1 4317 BONNEY ROAD PRINCESS ANNE QUARTERS EAST SCALE:1"=50' VIRGINIA BEACH, VIRGINIA 23452 FOR SHEET 1 OF 1 DATE:10-7-2015 PHONE: (757) 486-4910 ASHDON BUILDERS, INC. FAX: (757) 486-4607 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 13 Subdivision Variance Exhibit, Lot 2 REMAINING PROPERTY OF CAFFEE ESTATE (0.8.720.P.559)(INSTIL.2004110400117811330) GPN:2404-24-1430 mii. 1 }a 6,1 LOT 67 ,y,,, 2O. i di19S #2T1003 )1 ' t GPIN 240h24-1082 I 2 HONE � F. .1, PROPOSED PROPERTY LINE 1amilzo• Sy9 FF+ .91 PMT OF LOT 68 _ € - `� Nca .. ,rg' f 1��9 9. PROPERTY OF .E.- TA --,'I .!.t .4..' BERTHA CAFFEE AND cj O SE 4, THOMAS CLAY CAFFEE, ET AL I Z ,;,..- (INSTR. 1104001761330) / / '' m 2050 SQ.FT.) Ar.,' I• C•;: PMT OF LOT BB - GPIN 2404-23-2930 /n -3 '54 O- NOW CR FORMERLY /r ni oo "-w '•.& IDT N0.2 RAYMOND L HART / ` a .-isi �r (( GPIN 2404-24-4097 (INSTR.#200501200010339) 8 ,T� SUBDIVISION A '•x PART CF PROPERTY OF OF CAFFEE /F. III. NOW R F LY i 1 (M,B.89,P.27) ZONED AG-2 PROPERTY 4111!,, LINE _ (DJ).720,P.559)(W. 97,P.187) NOW OR FORMERLY 10 BE VACA1ED / / ;� PROPOSED 'T 1 I (INSTIL/2010081100D821580)SEAN ROOS TOTAL AREA OF LOT 2 / ./ CPN 240x2 4956 17.387 S.F.) (us.69,P. '7) ZONED A + 14 A LO AE kur.trikie. "PROP08ED LOT sTorAlAREA CLF)uoT(11.Deo sF.) / / .,4.30 r «' MDT INCLUDED) (fA ,►tea inr �r rD / J w C.a "MIN FLOOD ZONE AE w ° \-• (16.783 SF.) �' et' 4 ,e 8g ( �n a-amis .a _ s '► \.1; °Q ' 'rim kR S • l'. m ~�1 '' s'TT/t•,r roti • ,k'at • f• '4 "4 at f J E 1.PROPERTY TAX PARCEL IDENTFTCATON '� ..'.......;•,..............."..........,'" .j S Z°09 , L't OPIN: 2404-21-1430 '' '''''..1-7:,''' :" * 1 2.ADDRESS 2344 PRINCESS ANNE ROAD vl 3.THE MERIDIAN SOURCE OF THIS SURVEY IS BASED ON PLAT RECORDED Al INSTRUMENT NUMBER 200308260134446. .4-s›..,,,,.:.;.4. ^k 4.PROPERTY APPEARS TO FALL WITHIN FLOOD ZONE X(UNSHADED)(AREA � • Q , ,') 'T�I DETERMINED TO BE OUTSIDE 0.2X ANNUAL CHANCE FLOODPLAIN),ZONE X w �=% (SHADED)(AREA OF 0.2W ANNUAL CHANCE FLOOD;AREAS OF 1X ANNUAL ''''' 4 - ,, CHANCE FLOOD WITN AVERAGE DEPTHS OF LESS THAN 1 FOOT OR NM m,, a,' DRAINAGE AREAS LESS THAN 1 FOOT OR PATH DRAINAGE AREAS LESS 'I THAN 1 SQUARE MILE;AND AREAS PROTECTED BY LEWES FROM 15 i; ANNUAL CHANCE FLOOD)AND ZONE AE(SPECIAL FLOOD HAZARD AREA rs "+� SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD)(1007EAR FLOOD),(BASE FLOOD ELEVATION.'S.O,NAVD'B8 AS SHOWN ON NATIONAL F1.000 INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH, VIRGINIA MAP NUMBER 5155310118E DATED MAY 4,2009. 0 50 100 150 200 FEET II I . I GRAPHIC SCALE: 1" = 50' j , EXHIBIT PROJECT:PRINCESS ANNE QUARTERS EAST JOH la0,SSOCIATES, LTD. FOR DATUM:NAVD'88 j� SURVEYORS•ENGINEERS•PLANNERS SUBDIVISION VARIANCE (CVS PS 627-ELEV.=8.35) PROPOSED LOT 2 4317 BONNEY ROAD PRINCESS ANNE QUARTERS EAST SCALE:1"=50' VIRGINIA BEACH, VIRGINIA 23452 FOR SHEET 1 OF 1 DATE:10-7-2015 PHONE: (757) 486-4910 ASHDON BUILDERS, INC. FAX: (757) 486-4607 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 14 i II Floodplain Variance Exhibit, Lot 1 1 100 DA ,M. rif,p.-p.Cat) .,e.�m-. ,,;.,,e -+(-, , 'ONI 'senaline NOOH in a«ti..uto s� ,.z,<,';'."(113141.8,100 ., 8o3 g ,'z avo���uqi t,n --.. 1 i 35f10ML 10 N'Y'd 0030 03LV701 h =P. (i S.0/61 .-.... -. - �1":1 5 33111'0 310003 i0 A1N3dONd 30 N06NK196•l'ON 101 t (.�0 All%3LYgOSSV;y t 3 NNW ‘,,,,,S,..,.:1 ,-y 1130030 AIINW3 TONS p'�6'D ,T1j 1181HX3 30NVItlVA NIVld0001J 1" , ti ? I PAi€ 1 Y [ft:q'i 4 x141 : 3 i it.y , P K itt'.:! 3 3 !4 1 3 Y' allii 1 7 *i y � •,cc 1 fps tg .- .. i H„'c. ,•dam` �} , /I 4114 12 21 t ri s$ , . , ,41,, r, / Y N 3' 11 Q+ ti + . jam •4 lg 111 -5.v.'. 5 • -1 41/ r `° k ' �')y O. rf .Ta ; - 4 6 .. ro " 'i d a e wtd (UNSHADED) 1 q°v°••t/ •'o$ e / •- " I 0 rt£3 ' S 1 cai '�'�. y- Jti i{5 g Yp 'i I v d p F Z Y 0 o (i{�'�yyi +„t " msµ@@ 1� gs-s c i1 it�4 e a. - - - .d Al.y� is W /..- ofp�(}h lGf tj101 eii d 12000t03N) 1 (.5„4 ({00`0 0 -�,, iv -444 3i- ''',%, N•y1. it G W(N 'Y•+ \ ,g t � !itis 15 4 &i+cz.`.a F it l % . : i A O, '1:f.t q Iii.In 111.`14 + S o S"!Ota 914 4 ."-v-1 4 "mac t61,=. 9 `#r°£Kj'i o wit 2. l9Ili 1 Q} S'�+ ` �£�. sE o'�'.•" Y 1£' ti'".O-0'P, ss Whist is i ¢ m b�v11 gb `Se0-o'.� C`,i .y! r!q ££ rt t'; it, YS 5,eopatt p'+ray` e %�: i!zai!'i{g .€!fir te--s¢�'s� 4 i^ a w c9 d�w_ �� ¢� -0 �K� 1'iaf� 1K 9S 111.19 �^ 'a.� O ,O ? + cs ,...,Op e %4'!s.f.t.igit l:" !9;''"F, >5mnn l..r. e9:zw '€:''r:i3 .SSSS#•1,,!,!!!!,�eSE a l Q`°<w . i s D 337s=e g • i£.ssl.: 3 n k'i i x l'A3' �� i�3j`ill 1ii�!-',4'nA$�rr td 1 i S Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 15 1 II Proposed Elevations (Princess Quarter East —7anuary 20,2015 a"""" (Princess Anne Quarter fast 7anuary 20,2015 Cj`e"' ,,:_,„.,,,,„, tea. .. ID f ILiI ,,,,, ,i: _lari i-:72, i i if ri'1.--: . .� � ..- -e' C ,i„ Princess Anne Quarter East —,7anuary 20,2015 �°�"�'" .46: Princess Anne Quarter East —.7anuary20,2015 -a'r Q [ L L',•,-..,L,:, Li' j_q4*-k...:- . 1 i-4 ,..- - b1 1 -- 4: , 4. ._..0 _,- • 1 _ q •-,4ow I Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 16 Trim ess AnneQuarterEast —7anuary20,201i C'4"",t ncessAnne Quarter Eastyanuarv20.2015 c qiF 40 Ili.. _ 1 I Y. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 17 i i Site Photos ''''.1'' :\`\\/ i,Iii\ ?:. *AIWA,/ 1 '', c4 Y's ...or i t_ % 4, �x% s kr ti � 11ç f �4` �` d ,mom >' ` FI - ;i i;�,,, ill � " it. r Rem `' Cg A i ,--)...kw-, t Lit Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 18 Disclosure Statement maw Virginia Beech 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 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 Vir• ginia law. • SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or { FOR<Irt USE ONIti Oci ,,I 1. Page 1 of4 APPLICANT NOI1111 OF HEARING 1:2/ NO C.H ANu[S AS Or i 0 REVISIONS SURMITIE I' Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 19 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) Ashdon Builders, Inc.:W. Barry Cross, President;A. David Cross, Vice President; Robin Hirsh, Secretary (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 footnotes1 and 2 • 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Property owner is different from Applicant. 0 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 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 20 Disclosure Statement 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 entityrelationship" 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: YES NO SERVICE PROVIDER(use additional sheets if needed) nQ Accounting and/or preparer of I your tax return nArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than nC the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed N purchaser of the subject property I—I (identify purchaser(s)and purchaser's service providers) C1IConstruction Contractors nEngineers/Surveyors John E.Sirine&Associates,Ltd. 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 21 Disclosure Statement Virginia Beach Financing(include current E >17 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X ri Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers /Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development n 15-1( 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 bodyy or committee in connection with this Application. / //1/� � Ll � William B.Cross, President Ohl(r j APPLICANT'S SIGNATURE PRINT NAME DA E -/, -y C /KKK Thomas Clay Caffee -j/1 �S 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 22 Disclosure Statement Virginia Beach Financing(include current fl — mortgage holders and lenders I I X selected or being considered to provide financing for acquisition or construction of the property) I x! Legal Services Sykes, Bourdon, Ahern & Levy, P.C. Real Estate Brokers /Agents for IJ C 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? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE PRO RTY OWNER'S SIGNATUR PRINT NAME D TE 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 23 Disclosure Statement Virginia Leach Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Sykes, Bourdon, Ahern & Levy_ , P.C. Real Estate Brokers /Agents for X 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 — X 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. t APPLICANT'S SIGNATURE PRINT NAME DATE Vek 1i44PERTY WS SITREPRI T 1,2 1/ 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 24 Disclosure Statement 7S1B Virginia Beach Financing(include current — C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Sykes, Bourdon, Ahern & Levy, P.C. — Real Estate Brokers/Agents for X current and anticipated future sales of the subject property 4 s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have r- 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. 4/..2.24-- 6 -7------ APPLICANT'S SIGNATURE PRINT NAME DATE 917T J C �K 11�' Gv.e l qc.�S e1��(Si R OWNER'S SIGNATURE 'lJ 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 25 Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Change of Zoning Subdivision Variance Floodplain Variance Conditional Change of Zoning Subdivision Variance 2344 Princess Anne Road District 7 Princess Anne February 10,2016 REGULAR Jeff Hodgson: I will ask the Secretary to please call this item. Jan Rucinski: This item is for Ashdon Builders. An application of Ashdon Builders for a Change of Zoning AG-2 Agricultural District to R-10 Residential District;Subdivision Variance to Section 4.4(b)of the Subdivision Variance; Floodplain Variance to Section 4.10.6.3 of the Floodplain Ordinance on the property located on the north side of Princess Anne Road, approximately 460 feet east of Fenwick Way, Conditional Change of Zoning from AG1&AG-2 Agricultural District to R-10 Residential District; Subdivision Variance to Section 4.4(b)of the Subdivision Ordinance on the property located at 2344 Princess Anne Road, District 7, Princess Anne. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Members of the Commission,for the record, I'm Eddie Bourdon, a Virginia Beach attorney. I come before the Board this afternoon representing not only Ashdon Builders, Inc., but also the Caffee Family.All of their names are listed on the application. The Caffees have owned this piece of property for well in excess of a century. And it is a somewhat complicated set of requests. Some of it is a lot of clean up. Before I get stated, I want to thank Carolyn Smith, Planning Staff, and the folks in Public Utilities. The reason why this has been deferred for some time was to deal with issues regarding the sewer service area, and so,we've got a very good successful resolution of that. I'll take a minute to deal with the Floodplain Variance application first. I think that's the easiest thing to do,do this sequentially. We've got a situation, if you could put the bigger plat up there? Where this is an existing home, it has been on the property on what is called Lot 2,the large 9- acre piece of property,for decades. We are proposing to divide this. This will actually remain in the Caffee family. This Lot 2 with the existing house on it,obviously this is where the house is,where the access is. And,this was obviously built long before there was a floodplain subject to special restrictions ordinance that we adopted in 2001. And, so this requires a Floodplain Variance, because this portion of the property is in floodplain, and thus, doesn't count even though it meets all of the dimensional requirements of the R-10 Zoning District. I will also mention to you that this part is not part of our application. It is already zoned R-10 because, it was rezoned inadvertently when Princess Anne Corridor was rezoned. The Caffee Family had to pursue litigation and it was resolved. This is the correct boundary line. So this little sliver here is Caffee property that is already zoned R-10,just FYI. And,then we got this other parcel over here, Lot 1,that was created in 1962. I've got a plat that was recorded in 1965 of the adjacent property to the west and this property is shown on it. It has a GPIN number and Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 2 has been taxed ever since. It is separately owned by one of the Caffee family members. I was advised when we got in this process that it was determined that it wasn't "legally platted" back in 1962 and in 1965, but like other lots we have seen throughout the years, it met all the requirements to be legally platted when it was created. It has been taxed ever since. This piece of property is also now, and again, 30 years after it was created in the floodplain with subject to special restrictions,which only applies to the southern part of the city,So,the hardship is you've got a piece of property that has always been separate and apart long before you had this new Floodplain Ordinance for the southern part of the city. But the amount of floodplain disturbance is de minimis, it's in the flood fringe. It is not in the floodway, not even close to the floodway. It is also important to, changing gears a little bit,this will be the access for the development of the 16 lots,the 16 lots that will be added to the Princess Anne Corridor Subdivision. But anyway, all the conditions that are recommended for the Floodplain Variance,for this piece of property, and the unconditional R-10 rezoning, again, it meets all the requirements of R-10 zoning except for the floodplain. It eliminates the calculation for those square footages as being part of the lot. But this is where all of the access will be to the development of this property,which is something that will be an excellent situation in terms of not putting all of the heavy equipment through the neighborhood. We had an identical situation with an extension of High Gate Greens, an addition to High Gate Greens that was done 11/2 years ago. We did the rezoning about 31/2-4 years ago,where they accessed the property off of Princess Anne Road. They didn't bring the heavy equipment, any of that, through the High Gate Greens neighborhood and it worked out extremely well. I am certain it will here as well. So, now we got the Conditional Rezoning application for the rest of the property. If you can put up the plat,this is when Princess Anne Corridor was rezoned and developed back in the early 2000's. This street was stubbed here because this property is high land, developable land. The City recognized that it was going to be developed so it would probably be stubbed to this piece of property. The Caffee family has owned this, as I said, like I said for over a century. They have never ditched this property. They have never done anything to create drainage on this property. It is remained natural since the subdivision was created adjacent to it.Some of the owners have taken some liberties with the property line and extended their backyards, filled in some of the property adjacent to it. They Caffee's have never complained about that in any way, shape or form. But when they modified the drainage on their property, some of them have drained more stormwater on the property, but this property again, has in no way been developed or ditched so as to create drainage. The floodplain is up here. There are some upland, non-tidal wetlands.Virginia Beach defined wetlands on this property that meet the true definition of a wetland. And because they are upland, non-tidal wetlands,they are under the jurisdiction of the Corps of Engineers. We are dedicating to the City 3.35 acres of land,which includes much of that upland non-tidal wetland area but we have an application with the Corps of Engineer to do some limited filling on the back of these lots,which again, not a floodplain in any way shape, manner or form. Highland and the homes will be built on these lots outside of that area that would be filled but it would be backyard basically. But,that is up to the Corp.of Engineers.The Princess Anne Quarters Corridor neighborhood,they had upland, non-tidal wetlands that were filled as a part of their development. Princess Anne Woods up on Seaboard Road to the east of here,the same situation, lots and lots throughout the City of Virginia Beach. The Princess Anne Meadows up near Five Mile Stretch that you all heard many times,same situation. Small minor amounts of upland, non-tidal wetlands, not floodplain,that is permitted to be filled and in this case, we will get those permits. I am quite confident because it is not any substantial impact.The density that we are proposing with this rezoning, 1.94 units per acre, 20 percent less density than Princess Anne Quarter, adjacent to us at 2.44 units per acre. It has been reviewed by City staff,the Navy AICUZ. It is 100 percent consistent with our Comprehensive Plan recommendation for land use in this area because there is no other reasonable land use for this piece of Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 3 property. I am going to repeat myself.There will be no filling of any floodplain for any of the lots in this subdivision with the exception of Lot 1 out on Princess Anne Road, that has existed since 1962, and really isn't a part of the neighborhood. It is out on Princess Anne Road,along with a number of other houses that you see up on Princess Anne Road. The proffers include a proffer of with a minimum square footage. That proffer of minimum square footage of the houses is actually 100 percent identical with the proffered square footage of the homes of Princess Anne Quarter. I actually went back and checked that after this morning's informal. Their deed restrictions have the same exact square footage per home. Our homes, like the homes that were built in Princess Anne Quarter will be larger,which is exactly what you see 99 percent of the time. We anticipate that our houses that we will build here will be the same size or larger, but not substantially larger than those in Princess Anne Quarter, and the price of those homes will be$500,000 plus. So,there is no degrading in any way. Their homes have brick fronts and some bricks on the side. They can be brick. They can be stone and hardi-plank.You've seen the elevations. They are not vinyl sided homes by any stretch of the imagination. They will be very desirable homes in a very desirable area of the city. It is a proffered rezoning. The conditions obviously cover the things that need to be covered. The homes will not be built in any area that is going to flood, and they do have to be elevated. And we have to the additional freeboard on those homes. With that I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Eddie Bourdon:Thank you. Jeff Hodgson: Thanks. Jan Rucinski: We have four speakers in opposition.The first one is representing the civic League, and that is Frank Wetmore. Would you please make sure you state your name for the record. Frank Wetmore: Good afternoon. My name is Frank Wetmore. I'm the President of the Princess Anne Quarter Civic League. We predominately oppose this project, and I have four basic reasons.The first is the sewage. The pump station that services us is currently at capacity. That was as of the November Staff notes. The staff notes for February stated 50 houses over. We're going to add 17 new Princess Anne Quarter homes plus, I guess the plan is to bring 11 over from the Bishard property over?That is almost 78 more than the capacity of the pump station. My second opposition is for drainage. We've heard him testify, but you will still hear a lot about drainage today. There are drainage problems all along the back of the Pierce Lane residences. You will see photographs. Prior to the installation of the BMP,we need to make sure that project is fully engineered so that drainage gets out there,out of the houses, and out of the streets into the BMP.We've had issues of our stormwater drainage in the current BMP, not functioning properly and we have regular visits by vacuum trucks to pull stuff out of the stormwater removal systems. I'm concerned about the Corps of Engineers appropriate to fill and the wetlands filling in. If this is legal to do this,we need to make sure it is done correctly. My next issue is schools. Kellam is already 125 students over capacity according to the Staff notes. This will add more people to the schools if you look at gradeschools.org,which is what realtors use to direct people to various school districts. A couple of years ago, Kellam was at 7, and now it is at 5. Ocean Lakes, Tallwood, Cox and Landstown all rate above Kellam,and Kellam is a brand new school. The home sizes. I believe that the smallest home in Princess Anne Quarter,the original development was 2,800 square feet. There is one of them. The next largest home is 3,500 square feet, and they go up to around 4,400 Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 4 square feet. A minimum of 2,000-2,300 square feet is going to look off-balance,we believe. So,we would like to see those home sizes bigger. I've learned a lot about City government in the last month, two months,and three months. I wanted to say thank you to Carolyn Smith.She has been very helpful in the Planning Department Staff. That's pretty much all I have. Do you have any question for me? Jeff Hodgson: Are there any questions for Mr. Wetmore? Dr. Kwasny? Dr. Karen Kwasny: So, part of my understanding of what's happening in Princess Anne Quarter, has to do with engineering of the stormwater management system that you are presently are having to deal with? Frank Wetmore: Yes. Dr. Karen Kwasny: Correct? Frank Wetmore: There is flooding regularly within. Specifically,on the eastern portion of the property, not so much in the west. On the western side where it goes up to High Court, but mostly on the eastern side because any of us with kids, come in covered with mud on a rainy day,and they have been out playing in the woods back there,so there is flooding.There is talk about a development to the east of this, and I can't imagine where it is going to go. It is much lower. It slopes down to the West Neck Creek back there, so the drainage is the big thing. Jeff Hodgson: Are there any other questions? Thank you sir. Frank Wetmore:Thank you very much. Jan Rucinski:The next speaker in opposition is Lisa Walters. If you will please state your name for the record. Lisa Walters: Good afternoon. My name is Lisa Walters,a resident of Princess Anne Quarter,specifically 2308 Pierce Lane,which is Lot 44,on the site map. And Frank Wetmore has done a great job in talking about and explaining the majority of our concerns. But, I do want to add a few comments to voice my concern over the health and the safety of our families. So, if I could share some pictures with you? Can I pass them? Jeff Hodgson: Sure. Lisa Walters: The first two pictures that are being passed around are that of my backyard. And,this goes back to what Frank mentioned. A lot of drainage issues. The remaining three pictures there are the proposed space that would contain the stormwater BMP and then the open space that would be dedicated to the City. So,you will see in those photos,and these are photos were taken a couple of weeks ago, a few days after the snow. So,as you can see in those pictures,we do have an existing issue with standing water, and that is basically providing a breeding ground for mosquitos that carry many diseases. So, if we move forward and this request as approved,there is a concern that we are going to see an increase in the standing water. Also,we have an existing BMP,and our civic league pays to have that BMP professionally treated for mosquito control. We struggle with that now, and we know that the Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 5 City will not do anything about mosquito control for the new BMP. They would just be maintaining the land around it, and dredging when necessary. So, if we do add this BMP, it could create a financial hardship for our civic league, and most likely will not have the funds to treat that new BMP for mosquitos. So,again,going back to the health issues,and I do object to the request based on the health concerns and the expense, as well as the other issues that have been presented here today. I urge the Commission to take the health of our families including our children and pets into consideration before moving forward. Jeff Hodgson: Thank you.Are there any questions for Ms. Walters? Mr. Brockwell. Ross Brockwell: Where did that come from about where the City won't treat for mosquitos? Lisa Walters: Carolyn Smith gave me the name of two different people that I contacted, and I contacted somebody from Public Works,and somebody from Parks & Recreation, and they both confirmed that the City will not do anything other than dredge a BMP and cut the lawns and maintain the lawns around it. They do not do any type of treatment. It is up to the civic league or the owner of the property or anybody affected by the property if they want to go above and beyond and treat the mosquito issue. Ross Brockwell: Okay. Lisa Walters: As well as rodents. Jeff Hodgson: Does anyone else have any questions? Donald Horsley: How did they treat the BMP in your development? You said they treated? Lisa Walters: Yes. Frank can probably speak more to that, but as a part of the civic league dues,the civic league puts money aside,and they hire a professional treatment company that comes out quarterly. Frank Wetmore: Lake Management comes out monthly. Lisa Walters: Monthly. And it is quite expensive. Frank Wetmore: It is not the City that treats it. It is the civic league. Donald Horsley: I misunderstood. I thought you said the City treated it. Lisa Walters;Oh, I'm sorry. Jeff Hodgson: Mr. Thornton. Bob Thornton: You sent us some pictures to look at. Those were taken in January/February, and I guess that is the rainiest,wettest time of the year. What does it look like back there most of the year or is it reasonably dry or wet all the time? Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 6 Lisa Walters:There is a space behind the fence between Lots 44&45 that never dries out even in the summer. You're going to see that water collect there. Bob Thornton: Okay. Jeff Hodgson: Is there anyone else? Dr. Karen Kwasny: Jeff Jeff Hodgson: Dr. Kwasny Dr. Karen Kwasny: It was mentioned that some property owners have provided or placed some fill in behind their properties to address some of their issues, can you speak to that at all? Lisa Walters: I can't. I can only really speak about my yard and my neighbor to the left. I know he has done somewhat of a ditch right by his fence. We have not done anything. I have not been witness to any fill on that side of Pierce Lane. Jeff Hodgson: Is there anyone else? Thank you Ms.Walters. Lisa Walters: Thank you. Jan Rucinski: Our next speaker in opposition is Caroline Hamilton. Would you please state your name for the record? Caroline Hamilton: Caroline Hamilton. I agree with Lisa and our PAQ President about the flooding. These are pictures that I took this morning of water that is still standing from Sunday's rain. And it continually stands back there. I'll pass them around. My property backs up to one of the BMPs in the neighborhood, and there is City owner property around it. I can't remember which one of you asked, but it is soggy year-round except for in the driest part of the summer. I walk my dog back there,and I have to clean him constantly. But, my main concern is traffic. I have small children. I live in the cul-de- sac on Pierce Lane. There are no sidewalks there. And the new houses will generate about 30-40 cars coming around that corner.They have to walk down Pierce Lane,all the way down Rayburn to get to a bus stop on Fenwick, even for kindergarteners. They will not come down and pick them up at their houses. And,there is no sidewalk.They would have to cross over Rayburn at that intersection to get to a sidewalk to walk safely to a bus stop. So, I am concerned about traffic,as they play,and as they go to school. High-schoolers and middle-schoolers have to walk to the front of the neighborhood from the back to get to the bus stop. As a life-long resident of Virginia Beach, I know my home used to be a farm or trees or whatever, but I would like to preserve some of the wetlands. Some trees, some wildlife that we have out there. Maybe it is time to slow down just a little bit. Those are my concerns. Jeff Hodgson:Are there any questions for Ms. Hamilton? Thank you. Caroline Hamilton: Thank you. Jan Rucinski: Our last speaker in opposition is Dino Chirco. Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 7 Dino Chirco: I also have some photos. Jan Rucinksi: Okay, if you would state your name for the record? Dino Chirco: Dino Chirco, 2212 Cabot Court. I've lived in the home for about eight years. We moved in July 2008. We quickly noticed that the backyard was unusable. It was constantly wet. Kids would drag in mud. I spent about$80,000 to re-grade my property. I put a pool in, bulkhead wall,and still had a lot of moisture on the back-end of the property. I have since put gravel on the back-end of my property. It is still extremely wet. I will be on the back-end of the new homes, and so, I've taken pictures, which I provided of standing water where the new homes are being proposed. And, I don't see how drainage is possible without it coming back towards us. If they build any type of elevation,the first gentleman, he mentioned high land a lot as far as where the new homes are being built. If you guys want to do a field trip, I can show you there is no high land. It is very low land. So my concern obviously is drainage. We have a neighborhood that seeps water all the time, and I can't see the situation getting any better adding elevated homes, and trying to drain waters from those homes back to our property. So,that is my main concern. Any questions? Jeff Hodgson: Doe anybody have any questions for Mr. Chiro? Bob Thornton: Do you know what your lot number is or can you point your house out on that? Jeff Hodgson: There is a pointer right here. Don Chirco: I am going to be right around here. I am on Cabot Court right here. Bob Thornton: Thank you. Jeff Hodgson:Are there any other questions? Jan Rucinski: I have a question. As a neighbor, do you have any concern with the size difference? I know the civic leader mentioned that was a concern. Don Chirco: That is a big concern because we moved here from New York. I am a retired New York City firefighter. I got to live 40-something years of my life in a very condensed area, homes on top of each other. You could pretty much touch your neighbor outside your window. So,when I purchased this home, I wanted some space on the sides,and I wanted some space in the back,and we looked at a lot of different square footage homes,and we kind of decided what we could afford was 3,700 square foot with similar homes in the same neighborhood, and I will now be looking at a possible 2,000 square foot home right beyond my back fence. So that is a concern. Jan Rucinski: Okay. Thank you. Jeff Hodgson: Is there anyone else? Thank you sir. Don Chirco: Thank you. Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 8 Jan Rucinski:That is the last speaker in opposition. Eddie Bourdon: Thank everyone for coming down. I also want to thank the members, because my clients met twice with the civic league and had very productive dialogue with the civic league,and I certainly thank the comments were very professional and constructive. Let me go back and start with what was just asked. The proffers for and the deed restrictions recorded for Princess Anne Quarter, require the same minimum square footage of home size, as the proffers before you today. No difference whatsoever. Anyone with a lot in Princess Anne Quarter can tear down the existing house and build a 2,000 square foot house today. They didn't build those because the market supported the larger home. And,the market will support the larger homes that we will be building, and which have been shown and which have been explained to the civic league. The homes that we built will be 2,800 square feet to 3,500 square feet. But, as is always the case, and I've been doing this for 32 years,the proffers will always be a lower minimum square footage of living area than what is typically built unless you went into a serious depression. So,we have said and we'll say it again,these are just minimum proffered square footages identical to the minimum proffered squared footages and deed restriction square footages from minimum in Princess Anne Quarter. The issue with and there is a high water table here. When you put a pool in it is going to create some issue if it is not put in properly. Virginia Beach is flat.This area is flat. Guarantee you they were all filled,they raised in elevation. This will be no different.That is the only way you create positive drainage in Virginia Beach when it is flat,and that is what we got here. But the drainage will be engineered so that we do not put any water,we cannot legally put any water on to their properties, and we will not. The standing water that was mentioned on this property, and as I mentioned in my presentation, has never been ditched, never been drained in anyway. Water does pond all over. I am absolutely certain of that.That will be dramatically diminished with the development of this property. I am not going to sit here and say that there won't ever be any standing water, but the pictures of the, I think Ms.Walters, and their home is in here. This is the low area.There is nothing being built back here. There is nothing being built behind those homes. But, it will be because,with the improvements that we make to put the BMP back here on this section, not in the wetlands area, in the upland, non-tidal wetland area,this will all be a betterment,that will be created. That is not saying there won't be any standing water. We have mosquito control. I live in a nice neighborhood and we have them come around and treat. They do it automatically for mosquitos. We have mosquitos in this area, and we certainly think this is going to be a better circumstance for standing water,far better than what existed the whole time that Princess Anne Quarter has been in place. The sewage that Mr.Wetmore brought up,we did talk about that earlier. But,what is going to happen now because Princess Anne Quarter is in a situation where the pump station up near High Gate Greens, is the service area it serves,as I understand it, is a vacuum system. And it has been over extended,over extended in terms of distance and in terms of capacity. What will happen with the development of this property,the future development of a number of homes, not that many, but a number of homes that will be able to occur to the east of this property,the City will be putting in a second eight-inch vacuum line and there will be extensive improvements to the pump station that will be paid for by all parties involved, but not the folks in Princess Anne Quarter. And,their system, because they are on the same system, as I understand it,will be converted and put into the new line which will have better suction because is not involving Litchfield and places far removed. And,with the upgrades to the pump station, it will increase capacity that will serve this and the adjacent properties, and you will see an improvement in their service from what I have been advised and from the meetings that have been held for the last number of months with Public Utilities. And that is what has been the holdup is to get a solution to that problem that the Caffee's, who owned this property before anybody Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 9 else ever lived here almost, certainly anybody from Princess Anne Quarter. We've been blessed they have waited long enough that we saw Nimmo Parkway get built, so that the problems with Princess Anne Road are no longer a problem. That is the optimum time for this property to come on,and finally be developed. It is a cul-de-sac. There is no thru traffic being created through Princess Anne Corridor with this community. The additional traffic will be neighbors in the community, not people from the outside. So, it is like any other cul-de-sac street. Their desire would be because you don't have a lot of traffic other than neighborhood traffic, and I don't believe there will be any safety threats to the residents of the community, and the other school children in the community. Our school system is not growing. We don't have growing pains that we've had in decades past. I am not really aware that there's any concern with the lack of capacity overall in the school system. There is probably a lack of desire to redistrict because everyone wants to go to the brand new, beautiful Kellam High School but I don't think we have a school population problem. And none has been noted by City Staff. I'll be happy to answer any other questions that anybody may have. Jeff Hodgson: Are there any question for Mr. Bourdon? Mr. Ripley. Ronald Ripley: Eddie,the drainage seems to be a real concern so I've got just a couple of questions. Eddie Bourdon: Sure. Ronald Ripley: These lots 3,4, 5, 6, 7 and 9. How is the drainage designed? Is the design that it will go to the road? Part of it will go to the back? If it does go to the back, how is that water handled? Eddie Bourdon: All the water, I think it is one of where only the very rear,the back third, I believe would go to the back. And,then it would have to come down to the road, because it all winds up going back here,so it would be positive drainage. Anything that goes back would have to be coming down,and then going over to the BMP. It would be captured and piped to the BMP because everything else is going to the road will be piped to the BMP. Ronald Ripley: Would you capture it in the back by a swale or would it be an underground concrete pipe? Eddie Bourdon: It could be drop inlets, mostly like have some small swales and you have drop inlets, and then you got to get the pipes in the ground, and get them back to the BMP,which is back here. Ronald Ripley: Okay, and how about the lots on the other side? How would that be handled? Eddie Bourdon: Again,the flow would drain to the street where you got the pipes that would collect the water and it is all directed back into the BMP by piping. Ronald Ripley: And the back would be also contained and trapped and directed that way? Eddie Bourdon: Correct. We cannot put any water onto the Gallios property to the east. Our water all has to be captured and piped into the BMP. Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 10 Ronald Ripley: Have you done any calculations to see if there is less drainage coming back on those lots 3-9? Eddie Bourdon: I am not aware that we've done detailed drainage calculations. Frank has been working on the sewer issue and that has taken a great deal of time and effort.That is something that as you understand and appreciate, we will have to go through that in much detail,through the subdivision review process, and I have no doubt that the folks in what will be in our neighborhood. We have welcomed their participation and no way want to shut anybody out from participation. We've met numerous times already. We will not be putting water and cannot be putting water onto their properties. We can't make their situation worse and we certainly hope, in some ways,will make it better. Standing water, I know will be made better. In terms of, I can't sit here and tell you Mr. Ripley exactly where the drop inlets will be. What the elevation and the drop to the BMP will be. Those issues I can't tell you. Ronald Ripley: It would be helpful, I think, if this body were to recommend approval that you assemble that information between now and Council and share that with the residents. Eddie Bourdon: And have another meeting. Ronald Ripley: I think everybody would feel better about knowing exactly where that water is going and that it might even improve the situation. Eddie Bourdon: Again, I am certain it will improve the standing water situation. I have no doubt about that whatsoever. But individual issues and concerns or problems, I can't sit here and suggest I know we can make one thing or another thing better, but I know,we won't make anything worse as far as their drainage issues. Ronald Ripley: Thank you. Eddie Bourdon: It is an excellent suggestion and we will certainly get that information and contact Mr. Wetmore, and maybe we'll set up a meeting with the engineers to talk about some of those things. Jeff Hodgson: Mr. Horsley. Donald Horsley: You know on the same lines,the business I'm in,drainage is probably the most important thing that you can have. And I sympathize with these homeowners that have these situations. But this couldn't have been a more opportune time for you to come and present this after we've had about close to eight or nine inches of rain in the last three weeks in this area. Everything is flooded everywhere, regardless of whether you're on top of Pungo Ridge,which we were told this morning was 18 feet up to 20 feet, but that's the characteristic of where we are. We are flat land. We have a high water table, and trust me, I know how high it is. It is at the top of the ground right now. It is running out everywhere. So, I am real encouraged to hear you explain this drainage situation, because I think in the long run, it is probably going to help these people who do border this.,And this will kind of curb some of that. So,the only thing that I am concerned about is why we can't make sure mosquito control goes back there and treats that pond back there? There is no reason. We have a mosquito Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 11 control in the City. Eddie Bourdon:There is an access. This is an access that will use the paver blocks so grass grows through it. So, it is going to look natural but it is an access that mosquito control vehicles can come back here and spray,just like they spray. I am sure they go through the neighborhood and spray as they do in almost every neighborhood. Donald Horsley: We have to put a little green tag on the mailbox if you want to be sprayed. So maybe we need to look into that but I feel certain that mosquito control can help out with the mosquito situation just those comments and the drainage because that is a very important situation everywhere in this area. Eddie Bourdon: And the standing water which there is clearly, because it has never been in any way drained. You have a lot of standing water on this piece of property,this heavily wooded parcel. You're going to have standing water and that is where the mosquitos breed. More of them are coming from this property as it exists today than are coming from the BMP for their neighborhood or Litchfield for that matter. I'm not saying there are not any from there but that is where you get the mosquitos. Jeff Hodgson:Are there any more questions for Mr. Bourdon? Bob Thornton: I've got one. Jeff Hodgson: Mr.Thornton. Bob Thornton: This is a dedicated road correct? Eddie Bourdon: Yes sir. Bob Thornton:These lots are fee simple not condo lots? Eddie Bourdon: Yes sir. They are lots exactly the same square footage as is the lots in Princess Anne Quarter. Bob Thornton: Would there be a Homeowners'Association? Is that proposed? Eddie Bourdon: Well. Not a separate one. I think the idea what we want and I believe what the neighborhood wants, I don't want to put words in their mouth, but I believe their preference is we become a part of there so there are additional monies to pay for the maintenance of the existing BMP that they have. The rest of it, because the open spaces the City is accepting dedication of all that and the BMP,as you've heard from Barbara Duke this morning. It creates a very sizeable interconnected open space area with parks at Litchfield,the City park here that is at Princess Anne Quarter. It just adds to that bulk of open space which is an excellent thing for everybody. Bob Thornton: Thank you. Jeff Hodgson: Mr. Brockwell. Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 12 Ross Brockwell: I was going to ask but you already answered it to some effect. But I was going to ask, the lot area behind 44&45 lots, I was going to ask basically to remain unchanged. But I think more to the point when you, if this project goes forward,and the BMP is constructed that will be graded to drain to the BMP directly. Does that red line represent a pipe running from an inlet on the curb to the BMP? Eddie Bourdon: Mr. Brockwell,this represents the BMP access way that I mentioned. They are not going to put asphalt in.They are going to do the block pavers that grass grows through, but that is what the red line is. The access is for the City to be able to get to the entire property to maintain the BMP. Ross Brockwell: So most likely,there will be pipes probably under that going from the street to the BMP. Eddie Bourdon: Yes sir. There is no doubt about that. You're 100 percent correct. Ross Brockwell: Has it been determined where it goes from the BMP? Eddie bourdon: The outfall from the BMP? I do not know. I am told it is going to the east, and I suspect a little bit to the northeast. You get the floodplain. The drainage I believe will go this way to West Neck Creek. Ross Brockwell: Do you know the considerations for the future development for the proposal would affect that or is that something that needs to be thought about now? Eddie bourdon: Well,the owners of that property have been involved with us over the course of the last couple of months, and the City,the solution to this sanitary sewer situation. I do not know at what point they intend to come forward to seek to rezone their property. The property has frontage here and it also has frontage a little further down to the east as well, but this is the only portion of that property that is developable because it is outside of the floodplain. And there are wetlands on here in this area as well,so a lot of this is not developable because the amount that Corps will allow on those upland, non-tidal wetlands to be disturbed is a minor amount like we are proposing here. Ross Brockwell:So you are confident that they will approve this minor amount of fill for this project. Eddie bourdon: Some minor amount. We estimated and for the purposes of negotiations on the sewer system,35 units is the high and I think that is definitely a high number. I don't think they will be able to get 35 lots on that property, but that's the maximum that they can conceivably get on that piece of property. Ross Brockwell: And part of our discussion earlier,just to clarify,that if the Corps of Engineers does not approve that fill, it won't proceed regardless of what we do today. Eddie Bourdon: That is correct. That is absolutely correct.That is 100 percent correct. Ross Brockwell: I got a couple of more but they are kind of more for Staff so I don't know if you want to wait and maybe you can help answer it. i i I Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 13 Dr. Karen Kwasny: I have another question. Jeff Hodgson: Dr. Kwasny. Dr. Karen Kwasny: Mr. Bourdon,you were mentioning that the fill that is going to be provided on those properties that are effected by wetlands is predominantly in the back of the lots? So, no structures, it is just fill for the back of the lots,and probably only amount 1/4 of 3 acres? Is that what I understood in the discussion? Eddie bourdon: I think the figure was 2/3 of an acre, 33,000 square feet of the total of the upper, non- tidal wetlands on the property, which is, I want to say, close to 3%2-4 acres, but I'm not sure. Dr. Karen Kwasny:And the cost participation with the sewer line, is a three-way cost participation is probably dependent on the adjacent parcel,where we are talking about the 35 potential lots. This parcel and the City is that the three-way? Eddie Bourdon: Correct.That's right. The problem exists today. The system, as I understand it,and there are some folks here who you really might want to ask them. I understand the system and I've understood this for some time,the type of system has been over extended probably and shouldn't have been and it is not functioning as it was designed to and that is the case, and this will be part of a solution to that problem, and I believe you will hear from the folks who live in Princess Anne Quarter they have problems with that system on occasion. This will make that situation far better for them. Dr. Karen Kwasny: Thanks. Jeff Hodgson: Is there anyone else? Thank you Mr. Bourdon. Do we have any other speakers?Is that it? Jan Rucinski: There are no other speakers. Jeff Hodgson: We will close the public hearing and open it for discussion amongst the Commissioners. Ross Brockwell: Can I ask Carolyn a couple of questions? Jeff Hodgson: We can do that right now. Ross Brockwell: She is probably the best person. So,just to clarify this the northwest part of the parcel will be dedicated,and basically incorporated into the City park,that is southeast of it. So,the City will accept maintenance of this BMP and that somehow will be incorporated into the mosquito control program? So, I have a lot of curiosity about that question too, but I suspect Public Works has an answer. I don't know if it is to be aerated so it doesn't need chemical treatment the way the civic league fees does. I am not sure. But I do think that should be clarified between now and City Council at least. However, I think that is part of the City's accepted maintenance. Some assurance that will be handled by the Public Works Mosquito Control Program. So,you probably don't have an answer for that now Carolyn. Is Barbara still here? I'm a little unclear on the long term Parks & Recreations' perspective on that waterway and the greenway. What are the implications for this project and especially the I I Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 14 conceptual project to the east on that waterway and that corridor from a recreational perspective? Has that been discussed? Carolyn Smith: We see this really as a passive recreation area. The 31/2 acres, more less,are proposed to be dedicated to the City. No trails. No playgrounds. While they do connect to the active recreation space in the Princess Anne Quarter neighborhood,this part of the park would be very natural, low- maintenance area, in a way that a neighborhood park would be typically maintained. Ross Brockwell:Okay. Alright. Thanks. Jeff Hodgson:Would anyone like to start our discussion? Jack Wall: I've got a Staff question. Do you have an answer? What's allowable in a portion of wetlands? I know there is the%of an acre here that can possibly be filled, but what else, in terms of clearing? In terms of any potential additional drainage features and grading?Obviously,the grading would be allowable and acceptable. What is part of the wetland process? So,can anyone answer? Is clearing part of that? Would that be allowed in a portion of the wetland? Carolyn Smith: It depends if it is a bonafide silviculture-type of operation. So, I can't say specifically yes or no for this activity, but as we mentioned earlier,those wetland are regulated by the United States Corps of Engineers, so it is under their jurisdiction as well as the State's Department of Environmental Quality.So, it is the property owners' responsibility to ensure that all proper permits are acquired before any land disturbance of any kind occurs in those areas. The city doesn't have any jurisdiction to regulate activity on these properties as it relates to jurisdictional wetlands? Jack Wall: Okay, so it wouldn't have any additional impacts such as clearing including land disturbance which would be any additional grading or anything additional. It is really just what is permitted as part of the overall development of the site? So,where the green line is and what I'm trying to get at,except for what's permitted,they won' be able to touch anything or do any kind of land disturbance within that area. Carolyn Smith: Right. The permit that the Corps issues is very specific about what activities and what the limits are to their land disturbance. Jack Wall: Okay. Thanks. Bob Thornton: Jeff stepped out for a second. But I have another question for Carolyn. So, lots 11-18, the back portion of those are either going to have fill or be filled. The City has a minimum floodplain elevation?Am I correct, if it is not at a certain level,whether it is wetlands or not, isn't that part of the development package here that they get to fill that area to get it above a certain floodplain level? Carolyn Smith: Right. But that property actually is already above the floodplain level. That area is isolated, non-tidal wetlands. It is not the floodplain subject to special restrictions. Bob Thornton: Okay. So the issue is with the Army Corps, not an elevation change for minimum Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 15 elevation? Carolyn Smith: Correct. Bob Thornton: Okay. Thank you. Is there anybody else?You're back. Anybody else have another question? Ronald Ripley: I had two questions about the drainage and I am reasonably satisfied with that. You know the Corps of Engineers I'm sure, is probably going to have some mitigation costs of some sort. A wetland bank, I would think. There would be a payment for that so that is probably how that will be handled. That is what I've seen in the past. When I looked at the application, it seemed like a real logical land use to me. It is very complicated because of all the different aspects of it, and I think coming here today, listening to the testimony, I think I am satisfied that this probably is reasonable to move ahead on,so I would make a motion to approve it when you're ready to take a motion. Jeff Hodgson: Is there any other discussion? Dr. Kwasny? Dr. Karen Kwasny: I just wanted to clarify that we are not talking about any floodplain in that area,just the forested wetlands. And, you're only talking about a very small section of them that you're asking for a permit to change? Carolyn Smith: Correct. Dr. Karen Kwasny: Okay. So, in addition to that,we're talking about the suburban areas so this is in keeping in what's being done in the area,and I am also kind of comforted and I'm hoping to a degree those of you who came up to speak as well. I live in a development where these could be pictures of my driveway, and I mean literally, it is very wet where I am, and it is partially a result of poor engineering at the point of development. Some of what you talked about and what I've seen in your pictures suggest you might be dealing with the same thing. And,so in the question and answer period, I was provided some comfort in the fact what's being done to this potential development, in relation to stormwater management,will be a step and will probably help to address, and I think between now and City Council, as Ron has asked for,there can be some discussion of that to make sure that what is provided in this development actually provides some relief to your development, especially those lots that are directly adjacent to new lots coming adjacent you. I also think that there is going to be some improvement in the sewer because this development is coming forward. I tend to be conservative and I'm sure that I have, I am like a broken record sometimes because I'd like to see some of this be a little more open and not so dense, but it is in keeping with the development next door. I think that that proffers in that development are the same as yours, and so the likelihood of having houses that are more in keeping with your own is pretty good. I'm in a better place now having those questions answered and having a better picture of what's going to be done and what might actually be a benefit to you of having some work done on that property next to you versus it remaining as it is right now,which I think might only acerbate your already problematic engineering stormwater management. Jeff Hodgson: Does anybody else have anything to add? Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 16 Jack Wall: I just have one thing. It looks like it could be a good opportunity for any drainage improvements in lots 3-9 to provide additional drainage benefit to the new properties that are on Cabot Court. I think, however,there will be some challenges with the lots on the other side, lots 18-11 that they will potentially not have the benefit to the do the proper grading because of the wetland that is behind there. Even though I think that%of an acre is going to be permitted,there is still going to be challenges with that, so I guess they will have to deal with that. Jeff Hodgson: Is there anybody else? Bob Thornton: I've only got one more thought. Jeff Hodgson: Mr.Thornton. Bob Thornton: One lady,Caroline Hamilton, had a concern about children safety, and none of us are experts in traffic management and traffic safety. But it seems you could work with the developer and maybe post some signs because I share what you are saying. People are going to come around Rayburn and head up that cul-de-sac, and if kids are in there,and kids love playing in cul-de-sacs. That is just a natural thing because the traffic is not as bad there as it is out on the main street. I recommend that you get with them,get with the City, and see if you all could post some signs. I've seen them over in Red Mill or in other places where they have signs of children and bicycle signs just to remind people to slow down. Jeff Hodgson: Is there anybody else? Mr. Ripley, did you want to move forward? Ronald Ripley: Yes. I'll be happy to make a motion to approve Item D2 subject to the conditions set forth for the Subdivision Variance conditions and the conditions set forth for the Floodplain Variance and of course the proffers that have been presented, but also would like to recommend that the applicant meet with the residents to discuss and explain and hopefully, mitigate the issue of how drainage will work and how it might help their property or impede their property. Let me put it that way.That is my motion. Jeff Hodgson: A motion made by Commissioner Ripley. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: A second made by Commissioner Oliver. Mr.Weeden? Mike Inman: Mr. Chairman, I have to abstain from this application due to a business relationship with the applicant. Jeff Hodgson: An abstention noted for Mr. Inman. We're ready to vote. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 17 HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,with the abstention so noted,the Commission has approved the application of Ashdon Builders, Inc. Jeff Hodgson: Is there any other business to discuss today? If not,on behalf of my fellow Commissioners I would like to thank everyone for attending today's hearing and the Planning Director, and his staff for their work in preparing today's agenda. The meeting is adjourned. 4 ti4 t40.4:,-- ,;� , IY.Li .>:. °iv — 1 CITY OF VIRGINIA BEACH .ks" cly v INTER-OFFICE CORRESPONDENCE if _- vii i"�. Ne v " rka.f ,;',,,o,',,„ 0 OF OUR NPI' In Reply Refer To Our File No. DF-9257 DATE: March 22, 2016 TO: Mark D. Stiles r-�' DEPT: City Attorney FROM: B. KayWilso� DEPT: City Attorney RE: Ashdon Builders, Inc. — Conditional Rezoning The above-referenced conditional rezoning application is scheduled to be heard by the City Council on April 5, 2016. I have reviewed the subject proffer agreement, dated August 11, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy L. Bloom I I I ASHDON BUILDERS, INC., a Virginia corporation THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK and JAMES M. SMITH, SR. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 11th day of August, 2015, by and between ASHDON BUILDERS, INC., a Virginia corporation, Grantor, party of the first part; THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK and JAMES M. SMITH, SR., Grantors, parties of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee,party of the third part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 8.79 acres as described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the"Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has, along with the parties of the second part, initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the GPIN: 2404-24-143o-000o Prepared By&Return To: R. Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-io Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided into no more than sixteen (16) new residential building lots, plus the existing Caffee homesite, designated Lot "2, 15,337 SQ. FT." substantially as depicted on the "PRELIMINARY SUBDIVISION/REZONING PLAN OF PROPOSED PRINCESS ANNE QUARTER EAST VIRGINIA BEACH, VIRGINIA", dated January 20, 2015, and prepared by John E. Sirine & Associates, Ltd. ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, each of the sixteen (16) new single family residential dwellings to be constructed shall contain no less than 2,000 square feet of enclosed living area, excluding garage for one-story and no less than 2,300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles and the primary exterior building materials on each home 2 I I I will be brick, stone, cement fiber ("hardie plank") or a combination of those materials. Neither the size nor architectural features of the existing homestead or any future replacement of that home on the Caffee homesite are regulated hereunder. 3. When the Property is developed, the sixteen (16) new residential dwellings shall have the quality exterior design and architectural features substantially as depicted on the Exhibits entitled "PRINCESS ANNE QUARTER EAST" dated January 20, 2015, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such 3 conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in . the name of the Grantors and the Grantee. 4 I II WITNESS the following signature and seal: Grantor: Ashdon Builders, Inc.,a Virginia corporation By: L) Wi iam B. Cross, President COMMONWEALTH OF VIRGINIA CITY OF , to-wit: , e T ' S The foregoing instrument was acknowledged before me this,- day of 4ary, 2015, by William B. Cross, President of Ashdon Builders, Inc, a Virginia corporation, Grantor. • .ry Pubic too*"•.. .. °°°° FtOBtN My Commission Expires: '1 ;•�O...... •• ""p Notary Registration Number: \aa�K2S v ti• M�� a:� " �Si• 79.)6)ei/O4/ 5 WITNESS the following signature and seal: Grantor: <e9ifr - C 4V.,—(<(SEAL) Thomas Clay Caffee COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this \ day of August, 2015,by Thomas Clay Caffee, Grantor. Nota Pu•'is My Commission Expires: t3 D -( Notary Registration Number: e—(7 112:g 3 Notary Brenda Kay Sauceda Notary Reg.Number 7217283 Commonwealth of Virginia City of Virginia Beach My commission expires I p—E©— Lo 6 I WITNESS the following signature and seal: Grantor: 9- ,G , ,A, as. ) 4S .(SEAL) Jackie Welton DavL.,,,, , , , is COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: `3 011-ty � The foregoing instrument was acknowledged before me this . day of-February, 2015,by Jackie Welton Davis, Grantor. .010/.21111 i° lig .tary Pus is ,`,,•` ROB!Aj //'•r. ! �........� , it My Commission Expires: '1_ -D\1 &c���•".4oTARrA.';Acf��';, Notary Registration Number: 19*62^& \� c\n les � G�:_ e °- 190F�iG �.•• 7 WITNESS the following signature and seal: Grantor: M. e i sa Caffee- e. o COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 274. day of February, 2015,by Mary Melissa Caffee-Peacock, Grantor. 'mm\ �og►N.���t1tr►rrr ,•'� ti r•, etary Public ,�• ••......... . • �S ao�7217� cQ MY ca My Commission Expires: Aaa.� •1$e �'� �i abM�s �. F : � Notary Registration Number: 392628 ke c—CNS Z L'y1�s/oh� •: rrrrrrmf+0* 8 WITNESS the following signature and seal: Grantor: .,-0.2.--f....- --./," . ,i4.--'_, ,,,------=----4 - (SEAL) James M. Smith, Sr. COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: U5G The foregoing instrument was acknowledged before me this \15- day of p I, 2015, by James M. Smith, Jr., Grantor. 111 i _is .��111iftwo.— "�""101".1014 Public `.e"' ROBIN i 4, i` `'TAR.' �'A��' My Commission Expires: -1-.5-\ ti o c M4 G�;' Notary Registration Number: `ga° % V y• �vM SS/ 0 i 0t. 1g9eF�aN e , '41OF\JI... .%% +''*•str"""N"s" 9 EXHIBIT "A" LEGAL DESCRIPTION That certain tract of land, situated in Seaboard Magisterial District, Princess Anne County, Virginia, containing 15 acres, bounded by the lands of F.M. Whitehurst, Mary Caffee, et als, and is designated upon a plat of record in the Clerk's Office of Princess Anne County as Tract"D". Plat recorded in Map Book 1, Page 11A. Less and Except that 5 acre parcel deeded to Cashvan recorded in deed Book 1329, at Page 18; and Less and Except Lot 2 (per plat recorded in Map Book 69, Page 27) deeded to Henry Clay Caffee in Deed Book 958, Page 134. Henry Clay Caffee departed this life and by his Will recorded in Will Book 83, Page 1241, the property was devised to Jackie Welton Davis and Thomas Clay Caffee. The said Jackie Welton Davis and Thomas Clay Caffee subsequently conveyed the property to Porter L. Young and Shiela J. Young by Deed dated July 12, 2005, recorded as Instrument Number 200507250114599; and Less and Except Lot 1 (per plat recorded in Map Book 69, Page 27) devised to Bertha H. Caffee under Will of Fannie Caffee recorded in Will Book 69, Page 1236. Together with the wedge shaped parcel of land acquired by quitclaim as described in Deed of Boundary Settlement dated September 27, 2004 by and between Bertha Caffee, Jackie Welton Davis, Thomas Clay Caffee, James Smith, Sr. and Melissa M. Caffee, and Terry/Peterson Development One, L.L.C. recorded as Instrument Number 200410190166962 and corrected by Re-recorded Deed of Boundary Settlement recorded as Instrument Number 20041104001761330. GPIN: 2404-24-1430-0000 H:\AM\Conditional Rezoning\Ashdon Builders\Proffer_clean io-07-15.doc 10 S B SYKES, POURDON, A 'L A\ i ERN It LIEU, P.C. ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN PEMBROKE OFFICE PARK- BUILDING ONE R. EDWARD BOURDON, JR. 281 INDEPENDENCE BOULEVARD JAMES T. CROMWELL FIFTH FLOOR L. STEVEN EMMERT VIRGINIA BEACH, VIRGINIA 23462-2989 KIMBERLY E. HARTIN ANGELINA S. LEE TELEPHONE: 757-499-8971 KIRK B. LEVY FACSIMILE: 757-456-5445 March 25, 2016 MICHAEL J. LEVY HOWARD R. SYKES, JR. 'Admitted in Virginia and Washington DC Via Email&Hand Delivery The Honorable William D. Sessoms,Jr. Councilwoman Barbara Henley Members of the Virginia Beach City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Applications of Ashdon Builders, Inc. for (i) Conditional Rezoning of Lot 2, 8.79 acres zoned AG-i &AG-2 plus 2,050 square feet zoned R-io to Conditional R-io; (2) Straight Rezoning of Lot 1, 0.43 acres from AG-2 to Straight R-io Residential District; (3) Subdivision Variances for Lot i and proposed Lot 2 (Parcel containing existing residence fronting Princess Anne Road), to the provisions of Section 4.4(b) of the Subdivision Ordinance of the City of Virginia Beach requiring all lots have requisite frontage on a public street and square footage of lot area due to Floodplain Ordinance assumption that areas of lots within the Floodplain not be calculated for purposes of meeting the required lot dimensions; (4)a Floodplain Variance to Section 4.i0.B.3 of the Floodplain Ordinance for Lot 1 permitting filling of Lot i for the purpose of providing a buildable area outside the Floodplain for a dwelling; and for a Temporary Construction Access from Princess Anne Road to the proposed 16 Lot extension of Pierce Lane in the Princess Anne Quarter Subdivision; Princess Anne District,City of Virginia Beach Dear Mayor Sessoms, Councilwoman Henley and Members of City Council: On behalf of Ashdon Builders, Inc., I am writing to formally request that the above referenced Conditional Rezoning Application and accompanying Applications be deferred from Council's April 5th agenda to its April 19, 2016 agenda. This request will afford sufficient time for an additional meeting between City staff and members of the Princess Anne Quarter community to discuss some of their- concerns. Given the difficulty in scheduling a meeting during the week of spring break, it is to the benefit of all parties involved that this application be deferred for two(2)weeks to allow sufficient time for this additional meeting to take place. Thank you in advance for your consideration and favorable action on this request. S B SYKES, BOURDON, A L AHERN &LEVY,P.C. The Honorable William D.Sessoms,Jr. Councilwoman Barbara Henley Members of the Virginia Beach City Council March 25,2016 Page 2 With best regards and best wishes for the Easter holiday, I am ye T-trtrlryours, ----W,3Ed-ward Bourdon, Jr. REBjr/arhm cc: Barry Frankenfield,Director,Department of Planning Dr.Stephen J.White,Department of Planning Carolyn A.K.Smith,Department of Planning Barry Cross,Ashdon Builders,Inc. Ginny Cross,Ashdon Builders,Inc. Jeffrey D.Williams,L.S.,John E.Sirine&Associates,Ltd. H:\AM\Conditional Rezoning\Ashdon Builders\Sessoms_Ltr 3-25-16.doc Nancy L. Bloom From: Ruth H. Fraser Sent: Friday, March 25, 2016 3:42 PM To: City Council; Louis Jones; Dave Hansen; Mark Stiles Cc: Community Affairs; Barry Frankenfield; Karen Lasley;Tom Leahy Subject: FW: Application of Ashdon Builders,Inc. Attachments: Ashdon Bldrs Itr.PDF yluth Medge4 gxasen,J1'tJI C City Clerk-City of Virginia Beach Mayor's Liaison-Sister Cities President,Sister Cities Association of Virginia Beach Passport Agent Office: (757)385-4303 Facsimile: (757)385-5669 Direct Dial: (757)385-8343 Email: rhfraser( vbgov.com From: amccorkle sykesbourdon.com [mailto:amccorkle@ sykesbourdon.com] Sent: Friday, March 25, 2016 2:33 PM To: William D. Sessoms; Barbara Henley; Amelia R. Hammond; Ben Davenport; Bob Dyer; Jim Wood; John D. Moss; John Uhrin; Louis R. Jones; rwilson31Cacox.net; Rosemary C. Wilson; Shannon DS. Kane Cc: Ruth H. Fraser; Beverly K. Wilson; Barry Frankenfield; Carolyn Smith; Stephen J. White; barry@ashdonbuilders.com; Ginny Cross Subject: Application of Ashdon Builders, Inc. Please see the attached correspondence from Eddie Bourdon concerning the above referenced application. Thank you, Anita McCorkle Anita R.H.McCorkle,Legal Secretary to R. Edward Bourdon,Jr., Esquire Sykes, Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 Phone: 757/499-8971 Direct: 757/965-5015 Facsimile: 757/456-5445 or 757/671-1454 Email: amccorkle a sykesbourdon.com THE INFORMATION CONTAINED IN THIS MESSAGE IS ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE ERASE ALL COPIES OF THE MESSAGE AND ITS ATTACHMENTS AND IMMEDIATELY NOTIFY SYKES,BOURDON,AHERN&LEVY, P.C. BY TELEPHONE. 1 • Ei ' j [ g ,\... 3-I 3 tilie \____„;.. 1 k , , S • T' •/ .P.1, I al PP f Ilk. 'i . 111111166. ry. _ $Jno 44t / 0i ,47 .C . 0 ___. - r --<-71''''''/\-/ / .1?. i ,C1.,S \\..... \ . 1414va i f �1 �' '- r{ t .j .gees.. S! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TASTE UNLIMITED, LLC [Applicant / Owner] Modification of Proffers approved by City Council on July 2, 2013 and a Conditional Use Permit for Outdoor Recreation. 4097 Shore Drive (GPINs 1476594453, 1489161962). COUNCIL DISTRICT— BAYSIDE MEETING DATE: April 5, 2016 • Background: Taste Unlimited operated as a legally nonconforming use on the subject site for 30 years while it was zoned R-7.5 Residential District. In 2013, the site was Conditionally Rezoned to B-2 Business District and granted a Conditional Use Permit to allow the new building to be constructed and for the restaurant and produce stand to be considered conforming uses. The applicant is now asking to modify the existing proffers to include an additional 70' x 245' portion of property in the Conditional Rezoning to B-2. Forty-five parking spaces will be provided on the additional piece of property using a grass pave system and natural landscape screening. The applicant is also requesting a Conditional Use Permit for Outdoor Recreation to allow family-focused outdoor live music, called "Live on the Lawn." The outdoor music will take place in the fenced-in lawn area, primarily on Friday and weekend evenings during the warmer weather. The applicant has proffered to limit the hours of operation of "Live on the Lawn" events to 12:00 noon and 9:00 pm. In addition to adding more parking, the applicant has proffered to provide a parking attendant during "Live on the Lawn" to ensure vehicles are not parked on First Court Road. • Considerations: The applicant previously held similar events on the subject site, not knowing that a Conditional Use Permit was required. Staff did not receive any complaints at that time regarding the outdoor music. Many families attended the events by walking or biking from the surrounding neighborhoods. The applicant provided a gate for access on Shore Drive to eliminate the need for bicyclists and pedestrians to use the vehicular entrance on First Court Road. Adequate parking and quality sustainable materials are proposed. The proposed use will fill a void for families in the Shore Drive area. The application has been supported by the neighboring Bay Lake Assisted Living Facility. Further details pertaining to the application, as well as Staff's evaluation of the request, are TASTE Unlimited LLC Page 2of2 provided in the attached staff report. Staff has not received any opposition to the current 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 as proffered. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: .ff recomme is approv:I. Plannin• Co ission recommends approval. di, _ 4 Submitting D,• • Agency: Planning Department City Manager: .,0, -48- Item -VI-J.4a/b PLANNING ITEM#62971 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED/CONDITIONED, BY CONSENT, Applications of TASTE UNLIMITED, LLC/BAYVILLE FARMS ASSOCIATES,L.C. at 4097 Shore Drive, DISTRICT 4-BAYSIDE a. Conditional Change of Zoning from R-7.5 Residential to B-2 Community Business to construct a new building for the existing business b. Conditional Use Permit for an open-air market(seasonal produce stand) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of TASTE UNLIMITED, LLC/BAYVILLE FARMS ASSOCIATES, L.C. at 4097 Shore Drive, (GPIN8039)DISTRICT 4 -BAYSIDE a. Conditional Change of Zoning from R-7.5 Residential to B-2 Community Business to construct a new building for the existing business An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. b. Conditional Use Permit for an open-air market (seasonal produce stand) The following conditions shall be required: 1. The hours of operation for the produce stand shall be the same as the hours of operation of the retail and eating establishment, which is no earlier than 7:00 A.M. and no later than 10:00 P.M. 2. All goods sold under the "Open Air Market" Conditional Use Permit shall be limited to produce and/or canned or jarred goods prepared from locally grown produce or aquaculture. 3. The seasonal sale of pumpkins shall be limited to the months of October and November. 4. The seasonal sale of Christmas trees shall be limited to the months of November and December. 5. With the exception of goods displayed and sold within the produce stand and the seasonal sale items of pumpkins and Christmas trees, all goods sold under the "Open Air Market" Conditional Use Permit shall be located and displayed on grass no further than twenty-five (25)feet from the produce stand. July 2, 2013 -49- Item -VI-J.4a/b PLANNING ITEM#62971(Continued) 6. The seasonal goods of pumpkins and Christmas trees shall be displayed on the front lawn no closer than fifteen (15)feet to the property line or the "existing exit aisle to remain." 7. No additional signage than that shown on "Exhibit C, " dated May 22, 2023, shall be allowed without the review of the Zoning Administrator. 8. The dumpster shall be completely screened by evergreen vegetation with the exception of the North facing side for means of access. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of July, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None • Council Members Absent: John D. Moss July 2, 2013 Applicant Taste Unlimited, LLC Agenda Item Property Owner More Wine, LLC Public Hearing March 9, 2016 (Deferred on 01/13/2016) D1 ' City Council Election District Bayside Virginia Beach Request Modification of Proffers to a Conditional o Change of Zoning approved by City Council on 4. July 2, 2013, _zdNr Conditional Use Permit (Outdoor Recreational 07 Facility) St; :ive ff Plann Krtine Gay Loation 407 Shore sNOR�oft GPIN °e 14799880390000 it m Zoning o Conditional B-2 Business; Shore Drive Overlay re Site Size it 1.1 acres AICUZ 111 Less than 65 dB DNL Existing Land Use and Zoning District - Restaurant with limited retail and an open air4 .d t market/ B-2 Community Business and R-7.5 ..., ',z31*- , Residential - .,, , ` Surrounding Land Uses and Zoning Districts . North y Shore Drive r_ Single-family dwellings/ R-10 Residential S ORE oR *' South ' •. !a Golf Course/R-7.5 Residential EA �� East y. Golf Course, open space/R-7.5 Residential 0 ,.'e . '-, West �cr First Court Road Flag football field & nursing home/ Go R-7.5 Residential `` TASTE Unlimited LLC Agenda Item D1 Page 1 Background and Summary of Proposal This item was originally placed on the Planning Commission agenda for January 23, 2016. It was deferred at that time to allow the applicant more time to correct the property description to meet standards of the City Attorney's Office. The City Attorney's Office has since accepted the proffers and therefore this item has been placed back on the agenda. The restaurant TASTE Unlimited has been operating at their Bayville Farms locations for over 30 years. For the majority of this time,the site was zoned R-7.5 Residential District and the restaurant was a legally nonconforming use. On July 2, 2013,the applicant rezoned the site to Conditional B-2 Business and purchased the property from the previous owner, Bayville Farms Associates.At that time,the applicant was also approved for a Conditional Use Permit (CUP)for an Open Air Market to allow for the sale of produce, pumpkins, and Christmas trees.As part of the proposal,the previous 2,320 square-foot building was replaced with the existing 4,657 square-foot building. Since the Conditional Rezoning and Use Permit,the business has continued to operate in substantially the same way, with the exception of the physical improvements. The applicant would now like to modify the previously approved proffers to allow for the events"Live on the Lawn," which consists of live outdoor music on Friday evenings during the summer season. The applicant was unaware that this additional use was not permitted under the existing proffers and began providing outdoor music last summer.These events were predominately attended by families from the surrounding neighborhoods.A large number of attendees chose to bike or walk. "Live on the Lawn" has started around 5:30 PM and ended around 8:00 or 9:00 PM. The modified Proffer#3 states that, "The seasonal outdoor music shall be played no earlier than 12:00 P.M. [noon] nor later than 9:00 P.M."The site abuts a multi-use recreational path on the south side of Shore Drive.To accommodate the biking and walking attendants,the applicant provided a gate in the existing fence to provide safer and more direct pedestrian access. Parking Background and Improvements: The previous site plan exhibit shows 36 parking spaces.TASTE's floor plan clearly specifies areas for retail and dining. The 1:100 parking ratio for a restaurant and the 1:250 parking ratio for retail were applied respectively, based on the amount of square feet specified for each use.The outdoor dining area and produce stand were included in that calculation. Since opening in November of 2013, the restaurant has experienced a high amount of visitors.Additionally,on the west side of First Court Road,a high number of vehicles will park during recreational leagues/tournaments. Many of the individuals attending the recreational events also walk across the street to TASTE.These vehicles have negatively impacted the trees, multi-use path, and traffic along First Court Road. It is not possible to determine whether TASTE customers, the football league, or construction vehicles are responsible for the damages. The applicant has previously offered to cover the costs of damages made by TASTE employees and customers; however, since it is not possible to determine who is responsible for damages,the City has not pursued this any further. Additionally,while TASTE met the parking requirement, in 2014,the applicant has since submitted a field change to the Development Services Center to provide 28 additional parking space south of the existing parking lot. As part of the request for a Modification of Proffers,the applicant is proposing to add 20 more parking spaces south of the existing lot, for a total of 84 parking spaces. The applicant used permeable pavers to finish their existing parking lot to meet the minimum parking requirements and as part of the Conditional Rezoning in 2013.The additional 28 spaces that were provided in 2014 were made using a grass pave system and gravel.The 20 spaces proposed with this application will also be gravel. The additional parking spaces will continue to be enclosed with a white split rail fence, consistent with the rest of the development and adjacent property.The existing landscaping between First Court Road and the parking area will remain. TASTE Unlimited LLC Agenda Item D1 Page 2 R10 (4 R10 Zoning History # ; Request 1 CRZ Approved 07/02/2013 4 CUP Approved 07/02/2013 2 CUP(Golf Course)Approved 09/12/1992 CUP(Satellite Parking)Approved 06/22/1999 3 CUP(Nursing Home)Approved 07/09/1996 oII CUP (Outdoor Recreation)Approved 12/10/2013 N are R7.5 3 R7.5 2 R40 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 The site is located in the Shore Drive Corridor, a Suburban Focus Area as defined by the Comprehensive Plan. This area is considered a resort neighborhood and is the most densely populated residential area of the City.The inclusion of commercial uses and passive recreational and tourism, amenities in an appropriate and complementary fashion to residential areas is preferred for this area. Proposed Proffers The applicant is proposing that the previously approved proffers be replaced with the following: 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan designated as "Exhibit B", entitled "FIELD CHANGE OF SITE DEVELOPMENT PLAN OF TASTE AT BAYVILLE FARMS,Virginia Beach,Virginia," dated December 15, 2015, prepared by WPL(the"Plan"),which Plan has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress,and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design.The landscaping shall substantially conform as depicted in the Plan.Vehicular ingress and egress shall be situated as depicted on the Plan. 2. The architectural design, exterior material, and color of the building constructed or to be constructed on the Property are substantially as depicted on the two (2) elevations designated as in the Existing Proffers dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials are a combination of wood board and batten,with a standing seam metal roof. TASTE Unlimited LLC Agenda Item D1 Page 3 3. The property shall be used for retail sales,a seasonal produce stand,and an eating,drinking establishment without a drive-through window and music, including seasonal outdoor music. The seasonal outdoor music shall be played no earlier than 12:00 P.M. nor later than 9:00 P.M.Applicant shall provide a parking attendant on First Court Road during outdoor music performances. 4. The signage on the Property is currently designated as "existing free standing sign" and will remain after the development of the site. In the event the "existing free standing sign is removed or replaced, the signage shall come into compliance with the applicable signage requirements of the B-2 zoning ordinance. 5. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the structure depicted on the building elevations titled "Exhibit C" to the Existing Proffers and dated May 22, 2013 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height of any use or structure located within one hundred (100) feet of an adjoining lot zoned Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot. The deviation to the maximum height shall be no greater than four (4) feet for a total maximum structure height of 39 feet. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 7. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 8. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach,in force as of the date the conditional rezoning amendment is approved by the Grantee. 9. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including(a)the ordering in writing of the remedying of any noncompliance with such conditions,and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the City Zoning Ordinance or this Agreement,a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantor and Grantee. 10. Bayville executes this Agreement to acknowledge the existence of the Modified Proffers. TASTE Unlimited LLC Agenda Item D1 Page 4 11. Except as specifically referenced herein, the Existing Proffers are hereby superseded and of no further force and effect. 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. Evaluation and Recommendation This request would remove a proffer that was approved by City Council in 2013.The previous proffer stated that, "The areas depicted on the Concept Plan which will not be occupied by the new building, patios(fenced or unfence), drive aisles, sidewalks,and parking areas are open spaces (the"Open Spaces")which shall be utilized as such."The proffered site plan accomplishes the same intent; therefore,the proffer was redundant and Staff recommends that it be removed. Since the previous City Council approval,the proposed Proffer 1 has been updated with a new exhibit title. Proffer 3 has been modified to include the additional proposed use of outdoor music. Proffer 10 has been added and is a standard legally necessary proffer regarding the property owner's authorization. Proffer 11 has been added to clarify that the previous proffers are no longer in effect. Proffer 2 and Proffers 4 through 9 have remained consistent with the previous City Council approval. Parking Background and Improvements: Since opening,the applicant has provided additional tables in the front lawn that occupies 1,100 square feet in area. This results in a total of 5,757 square feet of restaurant/retail space. Considering that the site is proposed to have 84 parking spaces,the resulting parking ratio is 1 parking space for every 69 square feet. Further, if we were to include the entire front lawn area (3,757 square feet),the total area used would be 8,414 square feet.This would result in a parking ratio of 1 parking space for every 100 square feet.Thus,the most demanding parking requirement of the City Zoning Ordinance that is applicable to the property is still met. In addition to providing more parking spaces, the applicant has also proffered that a parking attendant will be provided during the "Live on the Lawn" events.This parking attendant will direct traffic onto the site to prevent parking on the west side of First Court Road. Recently,the Department of Public Works has also installed "No Parking" signs and Parks and Recreation is looking into further improvements, such as a split-rail fence to discourage illegal on-street parking and prevent further degradation of the multi-use path and trees. Staff finds the proposed proffers to be acceptable and recommends this request for approval. TASTE Unlimited LLC Agenda Item D1 Page 5 Field Change Site Plan (from 2014) of { -1 ''' NV-Id 1l10AVl 9 1N31N3AOtldYU y ..7":"".. g 11 e, _ I _. • ([el ".aR VAwr3an.aa -° . O ii .11111 4,a,{ 317MY8 0311NI1Nf1318V1 'p M- i° s a litl Sill `-. d0 NVId IN3Wd013A30 3118 40 3DNYN0 013 d t t t 1 F e r [_t _ > � #V • I r- ai is €€ p I� 111t° OOOOjJ8 , q:,-,----.!, 4 ¢ ~��`\ ° g a°r g rp;fi° 000000 1wa= . = a o ab'"� ° y.' 6BB -p0Qo000 1 t r.'s .. tiWI rg 6 I Ee 00000Q._� I 1 ' i;' igSLP° ° a�iiif 0,0000Q.I 1 ,J , c,x 6��°a8phiph. �. _00000 y., ,..„ , , _.,,,, f_ _ 1 4l •:•; UUP 9, 5, A 41.5 to . iai a II ray T �I il a _$ s a _ i 1 a s ii is r e, - i° ' ' Cd°1 " . ;f l a e WI as i. ,k r 0. ' I4� • , ?'' r t - k` f'S'.4I —_ I o �,-. ?1 :1;11:31., 1 , p \/ rr° r" a1..1 a -7J` I. it :(4L uk $j .}° a I ?- t ` 'q i :!. - 1 -,+—If ✓tii ILII i_ is r --1 I A...: •[`+i +^•_.C„i we ?OM @ Ay�.. �A -'f::::_ 7:10a-:;-1, 1 . ;711.::::.::;!--• line \\f863' x!:• -'i :‘- rri l :C-: :::: 7pp .y TASTE Unlimited LLC Agenda Item D1 Page 6 Proffered Site Plan I 1 i e , ' * NVId 1l0AVl V 1N313A01:1dWl '-¢ • QQ p; - ' 3111AAV9 031WrY1 31SYI % V' 5_€! '` d0 NVId 1N311d013A30 3115 d0 30NVN0 Olid '- (,B e s v - i Iti s % xY ' i 3, z8d i Q '''i i£1,\ _ W RSI. '5'11 1;.''i' 1; 'ij li tl Yi '_ 1.� > y F :err #i c� ag. 3 c ;. .- a o, 1 le F: a • i 1 . I E \ c 8 9 l 3' t� II'°� p V sF i1 - �� F I : � u 1. \ 1 _do, ›,,, : I I r.6 s , r .,1 40.\P'. I ! jJ ( I � I d i'° � 1I { 1 1 C �- i Fig * a ( 1 Jam)) I L =' - ... ' F''• 1e �� `'---1 I }31 ! {.\ - ,.I -_ --- t J ,. Y I 1,, ,r• �� t I1 1 I Oyob o m ,9I 6'7a' \ , 1Sby, • i t I _7 _. c I.... a I_. 0 1 _. __. !__.. TASTE Unlimited LLC Agenda Item D1 Page 7 Site Photos -.".. • - ", •,... , . - : __.-------- j"41 .., .• ,`kib _ - ,.. .... . 44. 7"........ ...., - .1 -4. • _ ...+07. . „' ,k '.".,,ipr; I . ” .• . , . • , _-------_-,. 1,7 -.. -,--.4...,:..,. •• .--- • - - --is , 11.011111111111•10 iiimmirarumeiror •...., Iliffamismodelwromino Ow TASTE, 2011 ..„- , .-, .4• ,.., , • ?, , . , - ' ,. • , --40,,w z. .•••- ",04 ,4„A " :',..:Wt - . - . • - r".• . _ -a 1", :`.. " --k -- • ith. - ' -' , ' .:.„ .—_,1% . -..4 . .. , - HE' ..4140"gtet' . ,t.., :-.......,.... — . , . .....- . _ -•-___ - . . '--'11111Miiii0E: 1 ! " ... _ TASTE, 2015 2015 - . ....„....„.._...„....„. _:,. ...„.... „ ... „. . ...,. ,.., •...ar-it.- . . - -• ' 0,-,..e•-•,, • arr".' . •-- - .',„0,...,-- ...'i:.-k . 'f'`:. - .." , ' ' . Xic: '''''- • - *., et 7 - 41 ._4 A '-'' -• . .1111r— „,,, ......- -le : _ __ _ .... ... _ ..... _ 1.—........,•4 z,... .-":7 ....m— ,. _....._ .......... -...... TASTE Parking Addition TASTE Unlimited LLC Agenda Item D1 Page 8 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 I Disposition of Cit City Modification of by City Property - - Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning - A• . .als 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 ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 54. Check here if the APPLICANT IS a corporation, partnership, firm, business, or r ;OR CITY 1151 ONtV/Ml CrstIosuit must he updated f+vc(2!wFrksr I1,1.%. Comrr,assron and CayCa�'( mpetrn t et,�in rt to the at�llcat,�oi,'S�V Page of 4 I0 A°FtICANT NOTIFIED^r HEARING. �wJnt , -- ^ Er NO{HANG/.S AS OF _ f\ G,ety REVISIONS 5U8M,T'i f7 ,A I I TASTE Unlimited LLC Agenda Item D1 Page 9 Disclosure Statement VimitiS 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) 1 A STS 00 4.t.- x-t*t LU \:13r (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 5 ) 4r.. LLC. } t'4 or c.\t.)I At. j Lt.G • *r•!� G. •.. orC �.t.`t. Are ca ,-Ams�, — pwnQJ S��aJ I)t4.,r a (rzt..k e.��l.��c �.o�d�►y Gel See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if proverty 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 followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law TASTE Unlimited LLC Agenda Item D1 Page 10 Disclosure Statement Sifted a 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 Government Conflict of Interests Act,Va. Code§ 2.2 3tOt 2 'Affiliated business entity relationship',p' means 'a rC+ahnnship, 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 (ni) 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 activates, 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 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subie_ ct of the application or any business operating 1g to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES7NO SERVICE PROVIDER (use additional sheets if I LL_ [_ needed) n Ey Accounting and/or preparer of -} your tax return E ❑ Architect/Landscape Architect/ Land Planner *I?L ❑ 2{ Contract Purchaser(if other than the Applicant) identify purchaser and purchaser's service providers ❑ dAny other pending or proposed purchaser of the subject property (identify purchaser(s)and / purchaser's service providers) tf-_�1( ❑ Construction Contractors sr�<<Mw ❑ 01 Engineers /Surveyors i r� 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 TASTE Unlimited LLC Agenda Item D1 Page 11 i-inancinq{inchudde current tt �ni�rta�r+�x hrakkkkrS drill tendert, "'a Ic i d or being consIde- d to provide Financing for acquisition or (fktt#Ltiat(tI stt rt !PIO ileiCqiellY5 Lk I regal Senates `c € tea a"►�; P r. W.jI I Sr,at- N k,;i Anr.�my :01trent anti intisip ted luturt+ 5 Jcc rf Thr ihJrrr ; ::,prrt SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official of employee of the City 0.1 Virginia Beach have an interest in the subject land or any propansed development contingent on the subiect publwc action? If yr;, yo.he. is the -Larne of :he cif rial,-t. ernd rxe'r?" .and .i.hat ht~ ivtur of the interest,' C[RTIF1i 4T101el I er1ithp•that air of [he irifurrnai uI a tt lite i•I this Disclosuie Stateiriein furl!) IS rDrnplerr, true anti arr ware. I undetstan6 that, upon Ieceip[ ut notification that the appiicat=vn has been crhrclulyd fnr pahlic hearing, I am respr.ncihle ft..)r updating thr infcirr:i.titin prn sided herein 00.-eeks vior to the Planning Curfmissbon, Council. V'BDA meeting. ea' merit reg of any Ft ubliirtnnely.n r rnrrmiitrt* in rnnner.tictrl w:ih this Appl=r:�isnn. Pn,rrlc'ri { (ass i€at='t's SE.,441.14t —� - €ri1 '�A1.4t -L1711.815 (Alt- 2, -� -i t I-ti-,� r5, 115' ;T %0(..".%4111F.1%0..%4T€tF:r + ;14.14! AM P"k4 Ir Fe disclosures canra,nec with s form are necessa'-, ro info rn pudic Page4 at' 4 official!,who may vote or the application as -o whether d !'r have a cc"flirt of€r.erest t:nota Virginia taw TASTE Unlimited LLC Agenda Item D1 Page 12 s � - ✓. Current % Interest Jon Pruden 58.81% Tucker Pruden 4.13% Meade Pruden 4.13% Peter Pruden HI 19.61% Henry J. & Jennifer Huelsberg 2.77% Bluefin I, LLC (Dennis & Jason Deans) 2.50% Robert Loomis 2.22% Jeff& Mary Creekmore 1 39% Kim Hardy 1 39% Dr. David Rowe 1.39% T. Vaden Warren 0.83% Brian Staub 0.83% TASTE Unlimited LLC Agenda Item D1 Page 13 BAYVILLE GOLF CLUB Board of Directors The information on this list is not to be used or reproduced for any commercial purpose The list is intendedfor members'use only President Mr.Nick Jacovides(Membership Chair) Mr.Ronald M.Kramer President Kramer Management Enterprises EDC Capital Partners 572 Central Avenue,Suite#102 4640 Shore Drive#113,Virginia Beach,VA 23455 Virginia Beach,VA 23454 757-460-9096 757-857-0881 pick©edchomes.com JQCPresllr aol.com Mr.Harry T.Lester Mr.John E.Boyle PO Box 5969,Virginia Beach,VA 23471 COO 757-464-2426 Massimo Zanetti Beverage htlesterltalggmail.com 200 Port Centre Pkwy.,Portsmouth,VA 23704 757-215-7370 Mr.John F.McElroy"Jack" ibovle(tdmzb usa.com 2140 Vista Circle#407,Virginia Beach,VA 23451 757-362-4823 Mr.Bruce Breedlove(Green Committee Chair) jfmcelroy@me.com Sr.Vice President&CFO Mr.Jerry S.Mcitsner Haynes Furniture Owner 5324 Virginia Beach,VA 23462 No Frill Bar&Grill 757-552-1591 2001 Manteo Street,Norfolk,VA 23517 brucebrecdlove5l()aol.com 623-0009 Mr.Dan Clarkson jerrvnofrill n( vahoo.cont Vice Chairman ADS,Inc. Mrs.Bobs Neff 621 Lynnhaven Parkway#400,Virginia Beach,VA 23452 Prudential Towne Realty 757-481-7758 600 22 Street#101,Virginia Beach,VA 23451 757-422-2200 dclarkson101@me.com babseriftin@cox.net Mr.Cuff Culchins Mr.Edward J.Reed Senior Partner President McGuire Woods,LLP Givens Group,Inc. 901 E.Cary Street,Richmond,VA 23219 1720 S.Military Highway,Chesapeake,VA 23320 804-775-4720 757-233-4303 ccutchinst mcguirewoods.com ereedfakivens.co01 Mr.Andy Downing CEO Secrctary/Treasurer Pinpoint IT Services Mr.Alvin Wall (Finance Committee Chair) 1340 N.Great Neck Road 41272-367 President Virginia Beach,VA 23454 Wall,Einhom&Chemitzer,PC 757-739-5266 555 Main Street,Suite 1700,Norfolk,VA 23510 a downinar@oinoointlTservices.cont 757-625-4700 Mrs.Debbie Dyckman awall a)weo-coa.conl 908 Oriole Drive,VirginiaBeach,VA 23451 Mr.Stephen T.Whitfield(Golf Committee Chair) 757-428-2895 Vice President Investments dcdvckman(4totmail,com Raymond James 300 32.d Street,Suite 520,Virginia Beach,VA 23451 Mr.Brian Holland 757-417-1712 President Bwyolfer@cox.nel Atlantic Bay Mortgage Group 596 Lynnhaven Parkway#102,Virginia Beach,VA 23452 Mr.F.Blair Wimbush 213-1664 1330 Baffy Loop.Chesapeake,VA 23320 brianholland@adanticbay.com 757-373-6115 blair.wimbush(Tcox.net TASTE Unlimited LLC Agenda Item D1 Page 14 SIGNATURE PAGE MODIFICATIONS OF CONDITIONS APPLICATION FILED BY TASTE UNLIMITED LLC OWNER': DAYVILLE GOLF CLUB,a Virginia nonstock corporation e‘///A/i. Date: February/Y,2015 Ronald/la-Kramer President SIGNATURE PAGE CONDITIONAL USE PERMIT APPLICATION FILED BY TASTE UNLIMITED LLC OWNER': BAYVILLE GOLF CLUB,a Virginia nonstock corporation Date: February a,2015 Ronald( er President TASTE Unlimited LLC Agenda Item D1 Page 15 From: Hedrick.Bruce at MFA To: Kristine A.Gay Subject: RE:Taste Unlimited,LLC CUP for outdoor recreation facility Date: Saturday,January 30,2016 10:21:52 AM . .... .......... Ms. Gay I really appreciate the detailed response. Know you are extremely busy. This addresses my comments. Thx From: Kristine A.Gay [mailto:KGay@vbgov.com] Sent:Thursday,January 28, 2016 11:07 AM To: Hedrick, Bruce at MFA<bruce.hedrick@MFA.NET> Subject: RE:Taste Unlimited, LLC CUP for outdoor recreation facility Mr. Hedrick: Thank you for the email in support of Taste Unlimited. Since you mention the conditions, it sounds like you have read the Staff Report and/or the proposed proffers. If not, here is a link to the report: http://www.vbgov.com/government/departments/planning/boards-commissions- committees/Documents/PC/2016/01%20January/20160113-PLN-CUR-03-TASTE.pdf We understand your concern for parking. When certain businesses resonate with a community,they can attract more vehicles than what the standard code requires parking to be provided for.The Planning Department feels confident supporting this application for a number of reasons, including the amount of parking they are proposing. When including the front lawn into the calculations,they will be providing 1 parking space for every 100 square feet of area used for retail and dining/seating, both indoor and outdoor. Without including the front lawn the ratio is 1 space for every 69 square feet. Retail typically requires 1 space for every 250 square feet. So they are providing more than double the amount of parking for the retail portion of their use. There will be moments of higher than normal use when the weather is just right and music is provided.The amount of parking, and the proffered use of a parking attendant makes us confident that parking will be best managed. Beyond any quantifiable aspects of the proposal, and without any requirement from the City, Mr. Pruden has shown responsible initiative to provide additional parking in the past, as well as work with the neighborhoods, and the Bayfront Advisory Commission. Thank you again for your letter of support on behalf of the owners of the Bay Lake Assisted Living Facility. Further on behalf of the City and Shore Drive residents, please extend our appreciation to the Bay Lake Assisted Living Facility for allowing recreational leagues to use their lawn for youth sports tournaments. It is a wonderful amenity for the surrounding residential community and families. KRISTINE GAY I CoVB strategic growth areas office 1757 385 2903 From: Hedrick, Bruce at MFA [mailto:bruce.hedrickPMFA.NET] Sent: Friday,January 22, 2016 2:24 PM To: Kristine A. Gay<KGav( vbgov.com> Subject:Taste Unlimited, LLC CUP for outdoor recreation facility On behalf of the owners of the Bay Lake Assisted Living facility located next to Taste Unlimited at 4225 Shore Drive,we support their application for outdoor events with the conditions provided on their application. Our support is conditioned upon them providing enough on-site parking for their events. In the past, cars have parked on our vacant lot. This unauthorized parking is dangerous to both pedestrians and vehicular traffic as well as damages our property. We request the city ensure the applicant is planning for enough on-site parking. Please call me with any questions. Thanks Bruce H. Hedrick V.P. of Development Medical Facilities of America 2917 Penn Forest Boulevard P.O. Box 29600 Roanoke,VA 24018 Ph. (540) 776-7454 Cell (540) 798-8652 Fax(540) 339-9136 Bruce.Hedrickc MFA.Net WWW.MFA.Net Item#D1 Taste Unlimited, L.L.C. Conditional Use Permit Modification of Proffers 4097 Shore Drive District 4 Bayside March 9,2016 CONSENT An application of Taste Unlimited, L.L.C.for a Conditional Use Permit(Outdoor Recreational Facility); and a Modification of Proffers approved by City Council on July 2, 2013 on propertry located at 4097 Shore Drive, District 4, Bayside. GPIN: 1476-59-4453-0000; and portion of 1489-16-1962-0000. PROFFERS 1. In order to provide for the coordinated development of the Property,the Property shall be developed in substantial conformity with that certain plan designated as"Exhibit B",entitled "FIELD CHANGE OF SITE DEVELOPMENT PLAN OF TASTE AT BAYVILLE FARMS,Virginia Beach,Virginia," dated December 15,2015,prepared by WPL(the "Plan"),which Plan has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress,and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design.The landscaping shall substantially conform as depicted in the Plan.Vehicular ingress and egress shall be situated as depicted on the Plan. 2. The architectural design, exterior material,and color of the building constructed or to be constructed on the Property are substantially as depicted on the two (2)elevations designated as in the Existing Proffers dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations").The exterior building materials are a combination of wood board and batten,with a standing seam metal roof. 3. The property shall be used for retail sales, a seasonal produce stand, and an eating, drinking establishment without a drive-through window and music, including seasonal outdoor music.The seasonal outdoor music shall be played no earlier than 12:00 P.M. nor later than 9:00 P.M.Applicant shall provide a parking attendant on First Court Road during outdoor music performances. 4. The signage on the Property is currently designated as"existing free standing sign" and will remain after the development of the site. In the event the"existing free standing sign is removed or replaced,the signage shall come into compliance with the applicable signage requirements of the B- 2 zoning ordinance. 5. As provided by Section 107(i)of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties,the structure depicted on the building elevations titled "Exhibit C"to the Existing Proffers and dated May 22, 2013 Item #D1 Taste Unlimited, L.L.C. Page 2 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance.Section 904 restricts the maximum height of any use or structure located within one hundred (100)feet of an adjoining lot zoned Residential or Apartment district to 35 feet.Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot.The deviation to the maximum height shall be no greater than four(4)feet for a total maximum structure height of 39 feet. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 7. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee,which shall be observed or performed by Grantor.Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 8. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 9. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia,shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia,to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including(a)the ordering in writing of the remedying of any noncompliance with such conditions,and (b)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages or other appropriate action,suit or proceedings; (2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantor and Grantee. 10. Bayville executes this Agreement to acknowledge the existence of the Modified Proffers. 11. Except as specifically referenced herein,the Existing Proffers are hereby superseded and of no further force and effect. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item Dl. Item#D1 Taste Unlimited, L.L.C. Page 3 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 D1 for consent. Ann Crenshaw appeared before the Commission on behalf of the applicant. GONIA BE,4c 4 ` ..,4".1., ,: ;alb �' . ��F �,t CITY OF VIRGINIA BEACH t-J° mow' Q;,a INTER—OFFICE CORRESPONDENCE .,- 4...,,,:' ,p' \"�_. rt, eF,V 4g .-,,,, ,_„:_.7. ,;-,-;" <„,,-. -o of 0U RI NPt\oHz In Reply Refer To Our File No. DF-9527 DATE: March 22, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Taste Unlimited, LLC — Modification to CZA The above-referenced modification to conditional zoning application is scheduled to be heard by the City Council on April 5, 2016. I have reviewed the subject proffer agreement, dated December 18, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy L. Bloom I I MORE WINE, LLC, a Virginia limited liability company and TASTE UNLIMITED LLC, a Virginia limited liability company BAYVILLE GOLF CLUB, a Virginia nonstock corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AMENDED AND RESTATED PROFFER AGREEMENT, made this (ate day of December, 2015, by and between MORE WINE, LLC, a Virginia limited liability company ("More Wine"), and TASTE UNLIMITED, LLC, a Virginia limited liability company ("Taste", and collectively with More Wine, the "Grantor"); BAYVILLE GOLF CLUB, a Virginia nonstock corporation ("Bayville", and for indexing purposes only, a "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. More Wine is the owner a certain parcel of property located in the City of Virginia Beach, and further described in"Exhibit A" attached hereto (the "Property"). B. Bayville is the owner of a certain parcel of property located in the City of Virginia Beach, and further described in "Exhibit B" attached hereto (the `Sayville Property"). C. More Wine is the lessee of the Property and the lessee of a portion of the Bayville Property contiguous with the Property (the "Leased Property"). PREPARED BY&RETURN TO: ANN K.CRENSHAW,ESQ. (VSB#19538) KAUFMAN&CANOLES,P.C. 2101 PARKS AVENUE, SUITE 700 VIRGINIA BEACH,VA 23451 GPIN NO. 14799880390000 and a portion of GPIN NO. 1489-16-1962-0000 D. The existing proffers applicable to the Property are dated May 22, 2013 and were approved by the City Council on July 2, 2013 and were recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach on July 9, 2013, as Instrument Number 21030709000787810 (the "Existing Proffers"). E. Grantor has requested approval of this Amended and Restated Proffer Agreement in order to modify and supersede the Existing Proffers to allow for expanded uses on the Property, to add the Leased Property to the Proffer Agreement and to rezone the Leased Property from R7-5 to Conditional B-2. F. Grantee's policy is to provide for the orderly development of land for various purposes,through zoning and other land development legislation. G. Grantor acknowledges the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. H. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall 2 continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "FIELD CHANGE OF SITE DEVELOPMENT PLAN OF TASTE AT BAYVILLE FARMS, Virginia Beach, Virginia," dated December 15, 2015, prepared by WPL (the "Plan"), which Plan has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Plan. Vehicular ingress and egress shall be situated as depicted on the Plan. 2. The architectural design, exterior material, and color of the building constructed or to be constructed on the Property are substantially as depicted on the two (2) elevations 3 designated as in the Existing Proffers dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials are a combination of wood board and batten, with a standing seam metal roof. 3. The property shall be used for retail sales, a seasonal produce stand, and an eating, drinking establishment without a drive-through window, and music, including seasonal outdoor music. The seasonal outdoor music shall be played no earlier than 12:00 P.M. nor later than 9:00 P.M. Applicant shall provide a parking attendant on First Court Road during outdoor music performances. 4. The signage on the Property is currently designated as "existing free standing sign" and will remain after the development of the site. In the event the "existing free standing sign is removed or replaced, the signage shall come into compliance with the applicable signage requirements of the B-2 zoning ordinance. 5. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the structure depicted on the building elevations titled "Exhibit C" to the Existing Proffers and dated May 22, 2013 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height of any use or structure located within one hundred (100) feet of an adjoining lot zoned Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot. The 4 I it deviation to the maximum height shall be no greater than four (4) feet for a total maximum structure height of 39 feet. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 7. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 8. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 9. The Grantor covenants and agrees that(1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or 5 I I occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 10. Bayville executes this Agreement to acknowledge the existence of the Modified Proffers. 11. Except as specifically referenced herein, the Existing Proffers are hereby superseded and of no further force and effect. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 6 I WITNESS the following signatures and seals: BAYVILLE GOLF CLUB, a Virginia nonstock corporation By: &(1 rn Name: Ronald M. Kramer Its: President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I,-- f h t, ?) de , ,,, j� , the undersigned, a Notary Public in and for the � Ronald M. Kramer, whose name is signed to the City and State aforesairebcertify that g foregoing instrument as President of Bayville Golf Club, has sworn to, subscribed, and 'fn acknowledged the same before me in the City and Commonwealth aforesaid this I S{ day of \ocorn ho , 2015 on behalf of said nonstock corporation. -----7)4,-)-4' ix.) __)// 7/, it 'C� Notary Public / My commission expire t -51 ,..2 7 `op.A• JA/0///, Registration No.: r.,2 * llerl �P�.�jONWEq.j41� ,, ....my ow si -'-', A,. ,, •.oa vpc; . • _)���/ii/7°rAR 11 ‘3\- \ \ \S' 1 I 1 MORE WINE, LLC, a Virginia limited liability company TASTE UNLIMITED, LLC, a Virginia limited liability company By: ----- \---2 Name: _4 ia. `'\r.-) Title: lG xO z- %l COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: I, `e k ecca, I r A);IA_ , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that JCS n f YUM . , whose name is signed to the and More Wine, LLC foregoing instrument asri sici -ert of Taste Unlimited, LLC, it Virginia limited liability &Tm e,Shas sworn to, subscribed, and acknowledged the same before me in the City and aool Commonwealth aforesaid this len-day of De(',{,yvt. , .284-3` on behalf of said limited liability company. .- arezej:4).„ 4.144;LA4...., 4 i Notary Public My commission expires: 1 f 5 10011 Registration No.: "j 5 ;11 13 ENs.AMVO I i,,4, MN11w oolioof 8 I I EXHIBIT A LEGAL DESCRIPTION MORE WINE, LLC PROPERTY All that certain lot, piece or parcel of land, with improvements thereon and appurtenances thereto belonging, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel C-2, as shown on that certain plat entitled "Subdivision of Parcel C,Property of Bayville Farms(M.B. 163, P. 40), Bayside Borough, Virginia Beach,Virginia", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 250, at page 33 and 34. Subject to that Deed of Gift of Easement from Charles F. Burroughs, Jr. et ux., et al, to Virginia Outdoors Foundation and the Virginia Historic Landmarks Commission recorded February 3, 1983 in Deed Book 2238 at page 655. Amendment recorded November 19, 1993 in Deed Book 3303 at page 1900. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach recorded in Deed Book 3859 at page 1365 and shown on plat recorded in Map Book 255 at page 38. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach recorded in Deed Book 3859 at page 1368 and shown on plat recorded in Map Book 255 at page 39. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach recorded as Instrument No. 200609120013 81240. 9 EXHIBIT B LEGAL DESCRIPTION BAYVILLE/LEASED PROPERTY All that certain lot, piece or parcel of land,with improvements thereon and appurtenances thereto belonging, lying and being in the City of Virginia Beach,Virginia,being known,beginning at a point being the South West Corner of Parcel C-2, contained in deed recorded as Instrument number 20130822001005490 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,thence along the dividing line of Parcels C-2 and C-1 north 74'31'36" to a point, east a distance of 256.79',thence south 15'28'24"to a point,thence south 74'31'36" west a distance of 294.62' to a point on the eastern right of way line of First Court Road, a public right of way,thence along said right of way along a curve the left having a radius of 1,685.00', an arc distance of 71.05', a chord bearing of north 02'41'43"west a chord distance of 71.04' and a delta angle of 02'24'57"to a point, thence north 74'31'36" east to a distance of 15.68' to the point of beginning. The above described land containing 19,121 square feet or 0.439 acres. 14443761v11 10 rS\NU'�H1 oo i� (tet,� fY j S( z1:77 l7`` v`r`J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The Trustees of New Life Presbyterian Church [Applicant / Owner], Modification of Conditions to a Conditional Use Permit (Religious Use) approved by City Council on June 13, 1988. 3312 Dam Neck Road (GPIN 1495036847). COUNCIL DISTRICT— ROSE HALL MEETING DATE: April 5, 2016 • Background: In 1984, City Council approved a Conditional Use Permit for a Religious Use on this almost six-acre site. The church is requesting that the area included in the Conditional Use Permit be reduced, as much of the property is undeveloped, nor does the church plan on any significant expansions in the future. The request is specifically for a reduction in property covered by the Conditional Use Permit from 5.97 acres to 1.49 acres. Subject to approval of this modification, the church has imminent plans to sell 4.48 acres of the property to a residential home builder. • Considerations: The membership of this church has been steady for some time and the church believes that the six-acre parcel is excessive for their current and envisioned future needs. Section 221 (i) of the Zoning Ordinance permits the City Council to authorize a deviation to the minimum three-acre requirement for free-standing churches, provided that the area deficiency is offset by attached conditions and that the use is compatible with the neighborhood in which it is located. It is the church's belief that the existing buildings on the property and the relocated parking area allows for some growth and will sufficiently serve their needs. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council, subject to the proffer agreement and the following additional conditions. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. The Trustees of New Life Presbyterian Church Page 2 of 2 Submitting Departme , •ency: Planning DepartmenOVF----"' City Manager: ilk Applicant/Property Owner The Trustees of New Life Agenda Item Presbyterian Church Public Hearing March 9, 2016 3 cuyof City Council Election District Rose Hall Virginia Beach Request Modification of Conditions (Religious Use)to a Conditional Use Permit approved on `¢, ° 4 eco a Storm bA looP ,. p6� December 10, 1984. s 9 cett,p".' 'p Cn DWI Dove e Staff Planner :a z� Carolyn A.K. Smith faculty Bouley.t0 % d F o,% :o•° 7'° `i Location F� °dr. •� pD'f 6'1'' �'Co e4%#, >75 dB DNL 3312 Dam Neck Road 6570 dB DNL •�. 4A j `' GPIN w°• 70-75 d8 DNL 044 14950368470000 a M ryt,7--- Site Size •'` Total site 5.97 acres "'°aye^ p °',,p 'C4,' o'k e• Modified church parcel 1.49 acres a``•,. "..> a',e AICUZ 70-75 dB DNL Existing Land Use and Zoning District Church and parking lot/R-5D s' N,e Surrounding Land Uses and Zoning Districts OrN4t #,, North k '^ . sh Office, self storage/0-1 Office, 1-1 Light „ m r' }- i Industrial � South ' Single-family dwellings/ R-5D Residential `,,' N• ') ' • " .- East Dam Neck Road .14 / Single-family dwellings/AG-2 Agricultural ,$:,..,-1- s ;4./4 . West .-'' ,. '\ 4; Industrial warehouse uses/Conditional I-1 Light litoi ;::.�"�4 S ... o p� Industrial v' '- 'pct 5 .4kyA OS r r4,, *. The Trustees of New Life Presbyterian Church Agenda Item 3 Page 1 Background and Summary of Proposal • In 1984, City Council approved a Conditional Use Permit for a Religious Use on this almost six-acre site. • The church is requesting that the area included in the Conditional Use Permit be reduced, as much of the property is undeveloped, nor does the church plan on any significant expansions in the future. The request is specifically for a reduction in property covered by the Conditional Use Permit from 5.97 acres to 1.49 acres. • The proposed conceptual layout depicts a realignment of the ingress/egress along Dam Neck Road and a relocation of the parking lot, between the existing church building and the right-of-way. • It is the church's belief that the existing buildings on the property and the relocated parking area will sufficiently serve the future needs of the church. • There is a portable building on the property that will be removed. • Subject to approval of this modification, the church has imminent plans to sell 4.48 acres of the property to a residential home builder. The church is requesting a deviation that would allow a temporary gravel parking lot while the proposed cul-de-sac and homes are under construction. • Based on input by the Traffic Engineering Staff, the concept plan depicts a realigned ingress/egress that will be used by both the new homes and the church. This ingress/egress will provide the connection to Dam Neck Road via a new right-of-way. The homes along the proposed cul-de-sac and the church will also share a stormwater management facility, to be located within the neighborhood. p71 Zoning History y d 171/ e R o # Request ,>: 1 MOD Approved 06/08/2010 R 50 CUP (Church Expansion) Approved 11/12/2002 4.4.1 --,. 4 No; / CUP (Religi2 ous Use)Approved 12/10/1984 R-5D 2 MOD Approved 10/25/2005 o CRZ (R-5D to Conditional 0-1) Approved io 15 dB DHL O O O"•, 08/24/2004 /7/ / oO M01:044,), 1 / c 3 MOD Approved 10/09/2001 •t5p f!,' CRZ(R-5D to Conditional I-1) Approved 09/14/1999 0.(74,--,4v`~ °�"• � • 4 CUP (Bulk Storage Yard)Approved 10/13/2009 011111 .` ".4 �►� CRZ(R-5D to Conditional 1-1) Approved 10/22/1998 AG 3 ( , /0 ° ♦ '°4 . O 5 CUP (Automobile Repair) Approved 06/12/2012 � *oma% ?i � 6 CUP (Communications Tower)Approved 02/23/1999 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 The Trustees of New Life Presbyterian Church Agenda Item 3 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this property as being located in the Suburban Area.The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community.This is accomplished by ensuring that all new development proposals either maintain or enhance the existing neighborhood through attractiveness of site and buildings, compatibility and effective buffering with respect to type, size, intensity,and relationship to the surrounding uses. (pp. 3-1, 3-2)The site is encumbered by high noise Air Installation Compatible Use Zone (AICUZ)of 70-75 dB Ldn. Natural and Cultural Resources Impacts The property is within the Southern Rivers Watershed.The rear portion of the property is impacted by the Floodplain Subject to Special Restrictions. While the reduction in the size of the church property has no impact on this floodplain, future development of the residential parcels must be mindful of this environmental feature. Traffic Impacts Street Name Present Volatile s Capacity Existing Land Use 2 34,900 ADT'(LOS 4"C") Weekday 110 ADT Dam Neck Road 39,200 ADT i 1 (LOS 4"E„ Sunday 33 ADT 37,100 ADT ) Proposed Land Use 3—No Change Anticipated in ADT 'Average Daily Trips 2as defined by existing 180- 3as defined by existing church as no 4 LOS=Level of Service seat church additional seat in sanctuary proposed Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road was subject of a CIP project to widen it to six lanes,#2.041.000 Dam Neck Road—Phase I,and the RFP process for a design consultant was completed during FY 2013-2014. However, in the FY 2014-2015 CIP funding,the funds were diverted to higher priorities and the project was reclassified as"Requested but Not Funded." This CIP is no longer an active project. Public Utility Impacts Water &Sewer This site is currently connected to both City water and sewer. No anticipated changes to the church's use of City water and sewer are anticipated with this request. Evaluation and Recommendation The Zoning Ordinance requires freestanding churches to have a minimum of three acres.This requirement provides flexibility for future expansion as churches grow in membership; however,the membership of this church has been steady for some time and the six-acre parcel is excessive for the current and envisioned future needs of the church. According to the application,the vast majority of the parcel has never been used by the church. Section 221 (i)of the Zoning Ordinance,the City Council has the ability to authorize a deviation to the minimum three-acre requirement, provided that the area deficiency is offset by attached conditions and that the use is compatible with the neighborhood The Trustees of New Life Presbyterian Church Agenda Item 3 Page 3 in which it is located. It is Staff's position that the church can continue to operate on this reduced acreage as no additional seats to the sanctuary are planned and no additional buildings are anticipated for the church. While not part of this request, it is the church's intention to sell a little more than four acres to a home builder who has plans to develop the property with single-family dwellings under the existing R-5D Residential District zoning. In Staffs opinion,the Modification to the existing Conditional Use Permit to reduce the acreage of the church property is acceptable,subject to the recommended conditions below. Recommended Conditions 1. The conditions of the December 10, 1984 Conditional Use Permit shall be replaced with the conditions below. 2. A temporary,gravel parking lot may be used for parking as well as for the construction stockpile area for the construction of the future cul-de-sac, until said cul-de-sac is constructed, as depicted on the concept plan entitled, "Conceptual Subdivision Layout for 3312 Dam Neck Road Tract," prepared by Pond &Company, dated February 12, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The existing portable structure on the property shall be removed within four months of approval of this modification. 4. When the parking lot is relocated,the elements on the church property related to this modification shall be installed as depicted on the concept plan entitled, "Modification of Conditions Exhibit For New Life Presbyterian Church Parcel," prepared by Pool &Company, dated February 12, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.These elements include, but are not limited to,a sidewalk along the southern property line, a landscape berm with a black aluminum fence, and streetscape landscaping along Dam Neck Road. 5. In the event that the existing sign is replaced,the new sign shall be monument style with a brick base and shall be no taller than eight feet. 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. The Trustees of New Life Presbyterian Church Agenda Item 3 Page 4 1 I Proposed Site Layout : 2 _i •i 1 F' ; U1 '' ti,:, li•i 0 Ce _IL - - - - - - - - - ::: :.tlii ii5 2 ii CL ci— - -- - -- - _ _ --- - Ill< _ ••U)0)- - - -- - lifani I — - - - - NJ . (.;144//il7144 g7B0121VA);!tt?.;...14 -0 - --- 47.1/02/Y.22N ilfrO - - !,....2, - - - -- - - - i j : i- • kr) 7";• 4 k9,,/, 6 , (9 l_ t:;, 9110,-.-,1, ".., 2 2 ,-,2 g Ail, s I I! 5 , N I N ! ' , I : •5 . :' 1... CC 1 , [ I I I I i 1 0 2 I N 7-----1 ; _,— o ri . 1 4•ril... X )1 I I I t P CliS i! 1 • m V t p 5 I I 1 it I 1 r 4 0 La J. iil -J 4JJ U-o 1 - 1 0 Ce 0 ett CG w- .z I A , x „, co I cn a Z D 6 I I= I I Z—I V: =;<`I' • 0 F I 0 z I 1 N ui 0 0 CO t (/) Z ill L C7) UJ cc 1 gr, ' 5 a4 N . : N . ' • The Trustees of New Life Presbyterian Church Agenda Item 3 Page 5 Site Development Concept '�yyq9 V V 4 iq E 0'3 F c g g+ ttq tgt: Via' StS L -RR9R $Ro ; 2 I` 0:= 1E-,1= j i. Z 5' ill : ii1 .l i • I to ill o b f . .n L iIdfl1I !iIIii;flkk gJ . 1hu 1.1 114-21 1sa11 R`1R 1;fl Rt't s'� 1 33 1-: 1 s 1 t w w .w a - _ 2.OVA'//JOGH 276N/2'Nill II, , -'- - , - ' _ w i t/ . . , , II ' I' III I I •' J I, 1 II II 1 '� t` .. i t I I •• 1 w , o 1 8 , N re ,e Y' :I s` I 0 Ik I Q II r a � 4 N. ui 1 > D ,Q The Trustees of New Life Presbyterian Church Agenda Item 3 Page 6 1 1 1 Site Photos . i -.,:=•- -- -_.., . , . ,,,- •.,..% 4 4:::.P. -'it' -;k. ..ifir..--- .r tiku,::::, la .. `1.',''''T' .. ..:,.. .' ''''. .. ....:.-,,.:4, ''''i.'=*•ili .:'#';‘- '' '''..-4' ' , • .- 4, 4. n,, . t_,., ;,..,, . •3411W k '''' ''`'-- N EP Wr a i:16 y IN'LIFE 7rikt. II' • ... ..-- • ., . . i --...t,e'r, .,-.-'.'..• :.,_1-,.. ,-.--.4:.,,.-,F-.7,-....,-,.v,,.--.7.:.--, 0,.„,-,0,,,,,,,,4,--,- . ..... , •.1.,,,. . ...„...,... --. -- 4 ,4 I1 , - -:•, ---------------------- ..____ ins n imr-rip, rou,k , -_..,.....,=,- . . _. ,, . ,,, , , .......... _ . , 4,...0110050010000000.001, The Trustees of New Life Presbyterian Church Agenda Item 3 Page 7 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 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, SECTION 1 / APPLICANT DISCLOSURE E 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 fop, c n LSI oNI 7 Page 1 of 4 0' APPA(.ANT NO!! Th VOW, I Er NO(FiANGFS AS OF 3•\ RFVIsloN- The Trustees of New Life Presbyterian Church Agenda Item 3 Page 8 Disclosure Statement NA3 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) New Life Presbyterian Church: Steven Geer,Trustee; Emanuel Nyeanchi, Trustee • (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 Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. E 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. The Trustees of New Life Presbyterian Church Agenda Item 3 Page 9 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 0) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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) _n n Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than E the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors In) Engineers/Surveyors Pond&Company 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. The Trustees of New Life Presbyterian Church Agenda Item 3 Page 10 Disclosure Statement .fieB Virginia Beach Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/Agents for 151 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 11] an interest in the subject land or any proposed development �4 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 we- - prior to the Planning Commission, Council, VBDA meeting, or meeting o - .ubiic body or committee in connection with this Application. _ ChurchSteven Geer,Trustee a` CANT'S�y'1� RE PRINT NAME DATE New Li - - • erian Church By: Emanuel Nyeanchi,Trustee I Z -zo.� y 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. The Trustees of New Life Presbyterian Church Agenda Item 3 Page 11 Item#3 The Trustees of New Life Presbyterian Church Modification of Conditions 3312 Dam Neck Road District 3 Rose Hall March 9, 2016 CONSENT An application of The Trustees of New Life Presbyterian Church for a Modification of Conditions to a Conditional Use Permit (Religious Use) approved by City Council on June 13, 1988 on property located at 3312 Dam Neck Road, District 3, Rose Hall. GPIN: 1495-03-6847-0000. CONDITIONS 1. The conditions of the December 10, 1984 Conditional Use Permit shall be replaced with the conditions below. 2. A temporary,gravel parking lot may be used for parking as well as for the construction stockpile area for the construction of the future cul-de-sac, until said cul-de-sac is constructed, as depicted on the concept plan entitled, "Conceptual Subdivision Layout for 3312 Dam Neck Road Tract," prepared by Pond &Company, dated February 12, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The existing portable structure on the property shall be removed within four months of approval of this modification. 4. When the parking lot is relocated,the elements on the church property related to this modification shall be installed as depicted on the concept plan entitled, "Modification of Conditions Exhibit For New Life Presbyterian Church Parcel," prepared by Pool &Company,dated February 12,2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.These elements include, but are not limited to, a sidewalk along the southern property line, a landscape berm with a black aluminum fence, and streetscape landscaping along Dam Neck Road. 5. In the event that the existing sign is replaced,the new sign shall be monument style with a brick base and shall be no taller than eight feet. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE Item #3 The Trustees of New Life Presbyterian Church Page 2 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. Eddie Bourdon appeared before the Commission on behalf of the applicant. III IgoL I I 4•F _ rI 47 a r I i e mil ' • I ,.... ,;,,,, aRte"" III ri 4 \ A 5. ..„.T, Iii 1 ....„ r4 cc i:.1. . „. ...., C' l t I S .ti r— t4e' �, . '14 1 II . 11 4111 ......Thlitimm ...7-)41c,-"\ a II sir I '' I I •'-#eee:, .. I: I <f > w ' ...."> ig � 1 1 )' . Iv....,.\ g J I -a F le z . CIf .... 1.2.6t ir, f 1111/11.111,10111T: 1r '4. � , LVA cu. 4m AIM A Ii 144 li II rill lirt 61.4 it ill 1 I 0 It i� ct II I 0 I, II '< I' NIa 0 liiir is 4. il I - Ipirilvt= of fa. li Lc;\ 41 11 / I's.'" 6 r��aG`Nu�cH• ro`` �y! io , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAYLOR FARMS LAND COMPANY, LLC, [Applicant & Property Owner], Modification to an existing Conditional Use Permit(Borrow Pit). 2297 Harpers Road (GPIN 2405665160). COUNCIL DISTRICT— BEACH MEETING DATE: April 5, 2016 ■ Background: In 2011, the City Council approved a Conditional Use Permit for a Borrow Pit on this 328-acre site to allow the excavation of sand. The applicant is seeking a Modification to the Conditional Use Permit in order to expand the existing borrow pit by 40 acres. The 40-acre expansion will connect to the existing 25-acre borrow pit, portions of which are currently being filled. It is anticipated that approximately 1,613,000 cubic yards of material will ultimately be excavated from the expansion area. The excavation of the material is estimated to take eight years; however, the ultimate time frame will depend on the demand. • Considerations: The 2011 request indicated that excavation of the borrow pit would be completed by 2020. The operator has mined much quicker than anticipated. A Navy Restrictive Easement was acquired on a portion of the property in 1981. The majority of the proposed 40-acre expansion is within this easement area. Navy Staff indicated that the proposed expansion, as well as the current borrow pit, increases the risk associated with aircraft bird strikes. Recommendations to reduce this risk of conflicts between aircraft and birds are reflected in the conditions. Correspondence from the Virginia Department of Mines, Minerals and Energy (DMME) revealed no violations or issues with the operation of the existing 25-acre borrow pit. The applicant has routinely submitted the required information in conformance with the State of Virginia DMME and VPDES permits. These permits, which will be amended to reflect the expansion, remain in effect for the life of the borrow pit. There was significant discussion with the Traffic Engineering Staff in 2011 regarding traffic safety concerns on Dam Neck Road. Specifically, there was fear that slow moving dump trucks entering Dam Neck Road would not be able to accelerate as quickly as passenger vehicles, resulting in either travel delays or Taylor Farms Land Company, LLC Page 2 of 4 crashes. While this condition will still exist, there have been no reported issues at the site's entrance on Dam Neck Road. Staff was not made aware of any opposition to this 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. A written description or plan to address the following shall be submitted prior to issuance of an excavation permit for the 40-acre borrow pit expansion: all proposed improvements to mitigate traffic impacts; the effects of the proposal on City streets; and, the reduction in noise, dust, and other potential nuisance upon surrounding properties. 2. Prior to the commencement of land disturbance activities on the property related to the proposed 40-acre borrow pit expansion, the applicant shall obtain an Easement Compliance Review from NAS Oceana with a determination that sand extraction is permitted under the restrictive use easement. Said determination shall be submitted to the Planning Department prior to the issuance of an excavation permit for the expansion. 3. In accordance with the Navy Restrictive Easement, no explosives shall be detonated on the site. 4. The ultimate design of the 40-acre borrow pit expansion shall, at a minimum, follow the guidance provided by the Department of the Naval in FAA Circular 150/5200-33B related to Detention Pond Creation, Vegetation, Banks, Width, Depth, Shape, Stocking, Soils, Water, and Additional Tools, in order to reduce the potential to attract hazardous wildlife on or near airports, and how to manage those situations. 5. The location of any wells within a 5,000 foot radius of the excavation areas shall be depicted on a survey or site plan and submitted to the Planning Department, Development Services Center (DSC). Information regarding the potential for impacts to these wells and remediation actions to be taken in the event of impacts to yield and quality, shall be included in this submission. Acceptance of the information and strategies to address surrounding wells' yields and quality as a result of the 40-acre borrow pit expansion shall be approved by the DSC, the Department of Public Utilities and/or the City's groundwater consultant prior to the issuance of any permits related to the borrow pit expansion. 6. The 40-acre borrow pit expansion shall operate in a dust-free manner. Taylor Farms Land Company, LLC Page 3 of 4 7. In the event that wetlands are impacted, all required permits for applicable agencies shall be obtained. A mitigation plan for any impacts to wetlands shall be included. 8. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within the area. 9. No encroachment into natural drainage channels shall be permitted unless otherwise authorized by the DSC. 10. An excavation permit is required and shall be obtained prior to any excavation activities associated with the 40-acre borrow pit expansion. 11. The approval of the Environmental Management Plan must be obtained from the DSC and the Department of Public Utilities with the following information prior to issuance of the excavation permit for the 40-acre borrow pit expansion: • A water level monitoring program that uses fully penetrating, shallow monitoring wells, with a minimum number of wells determined by the Department of Public Utilities; • A record of monthly manual water level measurements collected and cataloged as well as quarterly assessments of field water quality parameters; • A Recharge Plan that limits or reduces the quantity of groundwater discharges from the site; • A water balance to include inflow and discharge calculations. All information shall be submitted to the Virginia Department of Mines, Minerals, and Energy, and the Planning Department as required. 12. Dewatering of the pit is permitted; however, a settlement basin shall be constructed to capture suspended sediment before any discharge is released. Information related to the dewatering operation such as location, volume to be discharged, and the rate of discharge is required shall be submitted to the DSC prior to the issuance of the excavation permit for the 40-acre borrow pit expansion. 13. The large dump trucks used to transport the mined sand shall be restricted from using portions of the rights-of-way as a haul route to and from the existing borrow pit as well as to the proposed 40-acre borrow pit expansion. The portion of the right-of-way restricted from said activities includes the section of Harpers Road located south of Dam Neck Road to the southern terminus of Harpers Road at London Bridge Road. In accordance with the Zoning Ordinance, a haul route shall be submitted in accordance with this restriction. Taylor Farms Land Company, LLC Page 4 of 4 14. The hours of operation shall be limited to 7:00 a.m. and 7:00 p.m., Monday through Saturday. The pit shall not be in operation on Sundays. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmen Agency: Planning Departm* ; City Manager I �� -54- Item 16. PLANNING ITEM#60751 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon Application of TAYLOR FARMS LAND CO., INC.for a Conditional Use Permit re a borrow pit at 2297 Harpers Road (GPIN 2405665160) with access off Dam Neck Road. DISTRICT 6—BEACH, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TAYLOR FARMS LAND CO., INC., re a a Conditional Use Permit, borrow pit, 2297 Harpers Road (GPIN 2405665160). DISTRICT 6-BEACH RO31137466 The following conditions shall be required: 1. Renewal of the Conditional Use Permit is required after a five (5)year period. 2. The borrow pit shall be operated in a dust free manner. 3. Mitigation plans shall be required for filling of any floodplain prior to issuance of any permit. 4. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. 5. An excavation permit is required. 6. An Environmental Management Plan (EMP) that includes: a. Development of a water level monitoring program which utilizes at least three (3) shallow,fully penetrating, monitoring wells b. Monthly manual water level measurements collected and cataloged and quarterly assessment of field water quality parameters c. Development of a Recharge Plan that limits or reduces the quantity of groundwater discharges from the site d. Develop a water balance to include inflow and discharge calculations 7. No encroachment into natural drainage channels shall be allowed. 8. • . . • . , : . , .. ... Wired. In accordance with the City's Public Works Standard minimum fifty-foot (501 right-of-way reservation offfteen feet (15')shall be required along Harpers Road. March 22, 2011 I I I - 55 - Item J.6. PLANNING ITEM#60751 (Continued) 9. Dewatering of the pit shall be allowed and the following is required: a. a dewatering settlement basin shall be constructed to capture suspended sediment before discharge is released. 10. Restriction of the use of the section of Harpers Road located south of Dam Neck Road to the southern terminus of Harpers Road at London Bridge Road as a haul road for trucks going to or from the borrow pit. A haul route will be submitted indicating this restriction in accordance with the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(D of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second day of March, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill"DeSteph March 22, 2011 Applicant/Property Owner Taylor Farms Land Company, LLC Agenda Item Public Hearing March 9, 2016 City Council Election District Beach 4 Virginia Beach Request Modification of Conditions (Modification of conditions of existing Conditional Use Permit approved on March 22, 2011 to expand a i s borrow pit) r0,. D - 3. cd` .%, M, .S'R 0 t fie'' Qo'A' 0id 3 8 t, Staff Planner N'mt+Drive Carolyn A.K. Smith cad I 0 0 Location 2297 Harpers Road G P I Necw Boot 24056651600000 ye��mNerpa`"il Election District ■r % Beach r4` °a Site Size `. "t, f/ 70-75 dB DNL c'e 3i 328.26 acres "'.,. �� ,` AICUZ 65-70 dB DNL Greater than 75 dB DNL Existing Land Use Borrow pit, woods ''.':.;:.44, Surrounding Land Uses and Zoning Districts ti�¢� .r : North :‘' �:_ , �-; i < �o NOW. :Dtd•ve i Harpers Road R - i .. Oceana Naval Air Station ��Y--p-� r� � � �.. Single-family dwellings, VBCPS school bus *� depot, cultivated fields/ B-2 Community '`,, i f- #' Business, I-2 Heavy Industrial, AG-1 Agricultural ;--�� i, South , Dam Neck Road r t. 1. ci i Cultivated fields, undeveloped property/AG-1 M.e"` Agricultural Dant-Neck-Road - __--��.- -_ g a East -. _ Undeveloped property/AG-1 Agricultural , •.zz,---, ` *S ,(' `i � West t , $ 'N I ` fi a. a Harpers Road Oceana Naval Air Station Undeveloped property/AG-1 Agricultural Taylor Farms Land Company, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The property was granted a Conditional Use Permit by the Virginia Beach City Council on March 22, 2011 to allow development of the site for a 25-acre borrow pit. • The applicant is seeking a Modification to the Conditional Use Permit in order to expand the pond by 40 acres and excavate the remaining sand on the 328-acre property.The 40-acre expansion will connect to the existing 25-acre borrow pit, portions of which are currently being filled. It is anticipated that approximately 1,613,000 cubic yards of material will ultimately be excavated from the expansion area. The excavation of the material is estimated to take eight years; however,the ultimate time frame will depend on the demand. • The 2011 request indicated that excavation of the borrow pit would be completed by 2020. The operator has mined much quicker than anticipated. • The site borders both Harpers and Dam Neck Roads and is zoned agricultural. A Navy Restrictive Easement covers the northern portion of the property. • The property is surrounded predominately by cultivated fields and forested land; however, there are several single-family dwellings on property to the north. The edge of the area to be excavated is depicted on the submitted concept plan as 150 feet from the nearest property line, exceeding the minimum standard of 100 feet as required by the Zoning Ordinance. The heavily wooded, 150-foot wide buffer between the pit and these properties will remain. • The right-in/right-out ingress/egress point along Dam Neck Road will continue to be used and access to the expansion will be via an extension of the existing private driveway. • The existing landscape berm will remain and an overburden storage area is planned to the south east of the proposed borrow pit. O ;PZ'I.2 ,..0120.,#14.... ` .44k,'NICIP.7"---)1116:': • AG-2 Zoning History >TS dB Mt t` AG-1 # Request 14 1 CUP (Borrow Pit)Approved 03/22/11 1.. _ 2p N. AG-1 li c Ti. .7r ;, sli 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 Taylor Farms Land Company, LLC Agenda Item 4 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area Special Economic Growth Area 3 (SEGA 3)—South Oceana. South Oceana is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Business Park. The Plan recommends that all land uses in this area align with the City's AICUZ provisions and the Oceana Land Use Conformity program. (p. 3-32) Natural and Cultural Resources Impacts This property is within the Southern Rivers watershed. The large, 328-acre parcel contains cultivated fields,wooded areas as well as a 25-acre borrow pit near the end of its life cycle. The proposed borrow pit expansion will require the removal of much of the woods. A buffer of trees along Dam Neck Road will remain. It does not appear that any cultural resources are present on the site. Traffic Impacts Street Name Present Volume; Present t GeneratedTraffic Dam Neck Road 20,103 ADT 1 32,500 ADT 1(LOS 4"C") ' 37,100 ADTA1(LOS"E") Existing Land Use 2—219 ADT Harpers Road 7,917 ADT 1 6,200 ADT 1(LOS 4"C") Proposed Land Use 3-306 ADT 11,100 ADT 1(LOS 4"E") 'Average Daily Trips z as defined by 238 acres 3 as defined by 150 trucks daily plus 3 4 LOS=Level of Service zoned AG-2 employees on site(assumed)during operating hours Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site borders both Harpers Road and Dam Neck Road. The existing access off of Dam Neck Road will continue to be used. Dam Neck Road is a four-lane, divided, major suburban arterial, limited-access roadway with a 165-foot right-of- way width with both a sidewalk and a bike path. The City's MTP depicts Dam Neck Road to ultimately be a six-lane divided parkway in this area, but there are currently no CIP projects scheduled for this segment of the roadway. Harpers Road is a two-lane collector with a 25-foot right-of-way width (and approximately 18 to 25 feet of pavement). Harpers Road is shown on the MTP as an undivided,four-lane, major collector with a 100-foot right-of-way width. There are no current roadway CIP projects scheduled for this segment of Harpers Road. Public Utility/Ground Water Impacts Information on the dewatering operation such as location,volume to be discharged, and the rate of discharge will be required during the site plan review process. As with any dewatering operation,there is always a small potential for surrounding, shallow wells to be impacted; however, it does not appear that there are any shallow withdrawal wells within a 1,000 foot radius of the proposed excavation areas. According to the Health Department,the residential properties adjacent to this site do not have permitted wells; however, it does not appear that these homes are connected to City water service either.The applicant's engineer indicated that should any unpermitted wells exist or new shallow wells be installed along Harpers Road,the relatively shallow depth of dewatering(approximately 20 feet) is not deep enough for the effect to propagate offsite to a level that could impact well yield or water quality. In addition, the applicant's engineer stated that there are no significant groundwater withdrawal activities located within a 5,000- foot radius of the proposed excavation area, so it is likely that no other activities can be adversely impacted.A thorough review of the location of all wells in the vicinity will be performed prior to the issuance of any permits related to the Taylor Farms Land Company, LLC Agenda Item 4 Page 3 borrow pit expansion. The City Public Schools facility located at 1677 Harpers Road has a permit for a geothermal well(s). These closed-loop systems are not impacted by changes in the water table. Evaluation and Recommendation The Modification of Conditions request for a borrow pit expansion of 40+/-acres of sand excavation is generally consistent with the Comprehensive Plan's land use policies for SEGA 3 -South Oceana, particularly with regard to adhering to reinforcing industrial and commercial uses that are compatible with the surrounding area. However, it should be noted that the SEGA 3 is viewed as a special area with significant economic value and growth potential.The property has significant development potential based on its size and location along the four-lane Dam Neck Road.The size and location of the excavation significantly diminishes the future development potential for the parcel. While Staff is aware that the location of a sand mining operation is dependent upon the location of sand below grade, in a perfect world, a coordinated future development plan of the property would depict the reclaimed borrow pit strategically located to serve as a future stormwater management facility, if and when the property is fully developed.As a result of Staff's request for a conceptual master plan of the property,the applicant's representative provided the following: ...the future use of the property will be "within the constraints of the Navy purchased easements and the City of Virginia Beach zoning ordinance.The initial borrow pit will be backfilled with inert soils to the extent shown on the new application.The new borrow pit will ultimately be partially backfilled with inert soils and part may remain a lake to be used in a future unidentified development." A Navy Restrictive Easement was acquired on a portion of the property in 1981.The majority of the proposed 40-acre expansion is within this easement area. Navy Staff indicated that the proposed expansion, as well as the current borrow pit, increases the risk associated with aircraft bird strikes. Recommendations to reduce this risk of conflicts between aircraft and birds are reflected in the recommended condition 4 below. Correspondence from the Virginia Department of Mines, Minerals and Energy(DMME) revealed no violations or issues with the operation of the existing 25-acre borrow pit. The applicant has routinely submitted the required information in conformance with the State of Virginia DMME and VPDES permits.These permits, which will be amended to reflect the expansion, remain in effect for the life of the borrow pit. There was significant discussion with the Traffic Engineering Staff in 2011 regarding traffic safety concerns on Dam Neck Road.Specifically,there was fear that slow moving dump trucks entering Dam Neck Road would not be able to accelerate as quickly as passenger vehicles, resulting in either travel delays or crashes. While this condition will still exist,there have been no reported issues at the site's entrance on Dam Neck Road. The right-in/right-out that exists at the ingress/egress point on Dam Neck Road has likely reduced the potential for accidents. Staff believes that the pit has been operating without incidence and in accordance with the Virginia Department of Mines, Minerals and Energy's regulations. It appears that the expansion will have minimal impact on groundwater supply and drainage in the area,will not adversely impact traffic safety,will operate in a dust and nuisance-free manner and will not pose any health or safety hazards. Based on these findings and the discussion above, Staff recommends approval of the Modification to the Conditional Use Permit for the borrow pit expansion, subject to the conditions below. Taylor Farms Land Company, LLC Agenda Item 4 Page 4 Recommended Conditions 1. A written description or plan to address the following shall be submitted prior to issuance of an excavation permit for the 40-acre borrow pit expansion: all proposed improvements to mitigate traffic impacts; the effects of the proposal on City streets; and,the reduction in noise, dust, and other potential nuisance upon surrounding properties. 2. Prior to the commencement of land disturbance activities on the property related to the proposed 40-acre borrow pit expansion,the applicant shall obtain an Easement Compliance Review from NAS Oceana with a determination that sand extraction is permitted under the restrictive use easement. Said determination shall be submitted to the Planning Department prior to the issuance of an excavation permit for the expansion. 3. In accordance with the Navy Restrictive Easement, no explosives shall be detonated on the site. 4. The ultimate design of the 40-acre borrow pit expansion shall, at a minimum,follow the guidance provided by the Department of the Naval in FAA Circular 150/5200-33B related to Detention Pond Creation,Vegetation, Banks, Width, Depth, Shape, Stocking,Soils, Water, and Additional Tools, in order to reduce the potential to attract hazardous wildlife on or near airports, and how to manage those situations. 5. The location of any wells within a 5,000 foot radius of the excavation areas shall be depicted on a survey or site plan and submitted to the Planning Department, Development Services Center(DSC). Information regarding the potential for impacts to these wells and remediation actions to be taken in the event of impacts to yield and quality, shall be included in this submission. Acceptance of the information and strategies to address surrounding wells'yields and quality as a result of the 40-acre borrow pit expansion shall be approved by the DSC,the Department of Public Utilities and/or the City's groundwater consultant prior to the issuance of any permits related to the borrow pit expansion. 6. The 40-acre borrow pit expansion shall operate in a dust-free manner. 7. In the event that wetlands are impacted, all required permits for applicable agencies shall be obtained.A mitigation plan for any impacts to wetlands shall be included. 8. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within the area. 9. No encroachment into natural drainage channels shall be permitted unless otherwise authorized by the DSC. 10. An excavation permit is required and shall be obtained prior to any excavation activities associated with the 40- acre borrow pit expansion. 11. The approval of the Environmental Management Plan must be obtained from the DSC and the Department of Public Utilities with the following information prior to issuance of the excavation permit for the 40-acre borrow pit expansion: A water level monitoring program that uses fully penetrating, shallow monitoring wells,with a minimum number of wells determined by the Department of Public Utilities; A record of monthly manual water level measurements collected and cataloged as well as quarterly assessments of field water quality parameters; A Recharge Plan that limits or reduces the quantity of groundwater discharges from the site; and, A water balance to include inflow and discharge calculations. All information shall be submitted to the Virginia Department of Mines, Minerals,and Energy, and the Planning Taylor Farms Land Company, LLC Agenda Item 4 Page 5 Department as required. 12. Dewatering of the pit is permitted; however, a settlement basin shall be constructed to capture suspended sediment before any discharge is released. Information related to the dewatering operation such as location, volume to be discharged, and the rate of discharge is required shall be submitted to the DSC prior to the issuance of the excavation permit for the 40-acre borrow pit expansion. 13. The large dump trucks used to transport the mined sand shall be restricted from using portions of the rights-of- way as a haul route to and from the existing borrow pit as well as to the proposed 40-acre borrow pit expansion. The portion of the right-of-way restricted from said activities includes the section of Harpers Road located south of Dam Neck Road to the southern terminus of Harpers Road at London Bridge Road. In accordance with the Zoning Ordinance, a haul route shall be submitted in accordance with this restriction. 14. The hours of operation shall be limited to 7:00 a.m. and 7:00 p.m., Monday through Saturday.The pit shall not be in operation on Sundays. 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. Taylor Farms Land Company, LLC Agenda Item 4 Page 6 Existing Pit & Proposed Expansion Layout $ ,_ .kt s �� i it / 4 I ry a, . � 1 4• 11 L. 47 lz fill :r.„ / $ 5ill ! 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Site Photos our 14r 1 • 1 1111 lik s w Taylor Farms Land Company, LLC Agenda Item 4 Page 9 Disclosure Statement 71VI3 Virginia Beach APPLICANT'S NAME:Taylor Farms Land Company, LLC 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 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. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prim to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). Q' APPLICANT NOTIFIED OF HEARING DATE: ©' NO CHANGES AS OF n 2 tt, . DATE: 4 REVISIONS SUBMITTED DATE: Taylor Farms Land Company, LLC Agenda Item 4 Page 10 Disclosure Statement Virginia Beach n 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:Taylor Farms Land Company, LLC If an LLC, list all member's names: Linda Taylor Chappell 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) Taylor Farms, LLC i d -r_ I ),z/.1>c-ll TF Property Management, Ltd. Manage-Linda-Chappell,5ok ace' DWH, LL.C, Manager Deidre M. Brown,SoIG (oyer ..� r of BerraP�+) mangler See next page for information pertaining to footnotes and 2 • I' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names:. Page 2 of 5 Taylor Farms Land Company, LLC Agenda Item 4 Page 11 Disclosure Statement 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) "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 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 Taylor Farms Land Company, LLC Agenda Item 4 Page 12 Disclosure Statement \AB Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) El Accounting and/or preparer of David Desroches,CPA your tax return Architect/Landscape Architect/ VISA, P.C. Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed DWH,LLC ("l El purchaser of the subject property Deidre M. Brown L� (identify purchaser(s) and purchaser's service providers) • 1-1 Construction Contractors Suburban Grading&Utilities 7 0 Engineers/Surveyors/Agents VISA, P.C. Financing(include current Jnion Bank&Trust IZI El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1I0 Legal Services Kaufman&Canoles, P.C. Real Estate Brokers / O 1 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 ❑ z 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 Taylor Farms Land Company, LLC Agenda Item 4 Page 13 Disclosure Statement 113 Virginia Beach Financing (include current mortgage holders and lenders selected or being considered to `!'provide financing for acquisition. or construction of the property] I I Legal Services. -' -Slate Brokers /Agents for current and anticipated future Lsales 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 I Elan 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 inL � connection with this Application. APPLI, - T'S SAT / , / PRINT NAo'7T C/ e 'I 12D/29/ S E PROPE OWNER'S SIGNATURE I PRINT NAME AT FGWYn S land 414 Lit arm'' ama rn k4 PIG n is . (h..pPLL, tilCa . 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. Taylor Farms Land Company, LLC Agenda Item 4 Page 14 Item#4 Taylor Farms Land Company, L.L.C. Modification of Conditions 2297 Harpers Road District 6 Beach March 9, 2016 CONSENT An application of Taylor Farms Land Company, L.L.C.for a Modification of Conditions to a Conditional Use Permit(Borrow Pit) approved by City Council on March 22, 2011 on property located at 2297 Harpers Road, District 6, Beach. GPIN: 245-66-5160-0000. CONDITIONS 1. A written description or plan to address the following shall be submitted prior to issuance of an excavation permit for the 40-acre borrow pit expansion: all proposed improvements to mitigate traffic impacts; the effects of the proposal on City streets;and,the reduction in noise, dust, and other potential nuisance upon surrounding properties. 2. Prior to the commencement of land disturbance activities on the property related to the proposed 40-acre borrow pit expansion,the applicant shall obtain an Easement Compliance Review from NAS Oceana with a determination that sand extraction is permitted under the restrictive use easement. Said determination shall be submitted to the Planning Department prior to the issuance of an excavation permit for the expansion. 3. In accordance with the Navy Restrictive Easement, no explosives shall be detonated on the site. 4. The ultimate design of the 40-acre borrow pit expansion shall, at a minimum,follow the guidance provided by the Department of the Naval in FAA Circular 150/5200-33B related to Detention Pond Creation,Vegetation, Banks,Width, Depth,Shape,Stocking,Soils,Water,and Additional Tools, in order to reduce the potential to attract hazardous wildlife on or near airports,and how to manage those situations. 5. The location of any wells within a 5,000 foot radius of the excavation areas shall be depicted on a survey or site plan and submitted to the Planning Department, Development Services Center(DSC). Information regarding the potential for impacts to these wells and remediation actions to be taken in the event of impacts to yield and quality, shall be included in this submission. Acceptance of the information and strategies to address surrounding wells'yields and quality as a result of the 40-acre borrow pit expansion shall be approved by the DSC,the Department of Public Utilities and/or the City's groundwater consultant prior to the issuance of any permits related to the borrow pit expansion. 6. The 40-acre borrow pit expansion shall operate in a dust-free manner. Item#4 Taylor Farms Land Company, L.L.C. Page 2 7. In the event that wetlands are impacted,all required permits for applicable agencies shall be obtained.A mitigation plan for any impacts to wetlands shall be included. 8. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within the area. 9. No encroachment into natural drainage channels shall be permitted unless otherwise authorized by the DSC. 10. An excavation permit is required and shall be obtained prior to any excavation activities associated with the 40-acre borrow pit expansion. 11. The approval of the Environmental Management Plan must be obtained from the DSC and the Department of Public Utilities with the following information prior to issuance of the excavation permit for the 40-acre borrow pit expansion: A water level monitoring program that uses fully penetrating, shallow monitoring wells,with a minimum number of wells determined by the Department of Public Utilities; A record of monthly manual water level measurements collected and cataloged as well as quarterly assessments of field water quality parameters; A Recharge Plan that limits or reduces the quantity of groundwater discharges from the site; and, A water balance to include inflow and discharge calculations. All information shall be submitted to the Virginia Department of Mines, Minerals,and Energy, and the Planning Department as required. 12. Dewatering of the pit is permitted; however, a settlement basin shall be constructed to capture suspended sediment before any discharge is released. Information related to the dewatering operation such as location,volume to be discharged,and the rate of discharge is required shall be submitted to the DSC prior to the issuance of the excavation permit for the 40-acre borrow pit expansion. 13. The large dump trucks used to transport the mined sand shall be restricted from using portions of the rights-of-way as a haul route to and from the existing borrow pit as well as to the proposed 40- acre borrow pit expansion.The portion of the right-of-way restricted from said activities includes the section of Harpers Road located south of Dam Neck Road to the southern terminus of Harpers Road at London Bridge Road. In accordance with the Zoning Ordinance, a haul route shall be submitted in accordance with this restriction. 14. The hours of operation shall be limited to 7:00 a.m.and 7:00 p.m., Monday through Saturday.The pit shall not be in operation on Sundays. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE Item#4 Taylor Farms Land Company, L.L.C. Page 3 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 4 for consent. Ann Crenshaw appeared before the Commission on behalf of the applicant. I 1 1 ddIIIIIIIIIIIIIIM ..a. 1 I ,,......,„,.pd''''' '''....m*•,d il 0 f .4t .t 1 . . / ''' 11110 I/ ik, , '( D ts 4/ 40,_ ...1 / 0 ci 41ks,, tirNiat 40* i. , ___ • a 0 r=.-iL .t. -0'.s. \ \ 0'4, / ' ' itir 1W0010 7R40• 4 i to, 40Pi ' #t 44K447.0aL4P 941if 0 ii*le 44. Ap, 1 Ciii 14,4 ,, ' •Npiot" T .. .1 - -, -..„ 1 , '... .L. 4fr• '°. CNI 17 '-•, 00 ,.. /" <)\19,\• Ce N ' t741Pyr „ . , ..,, ,..... c.:„. a 0 °at , .. 0 co ' • op 4/ •=5* .it . ., , 4 . ,/ WI Bil . * / Tr, GMu icr ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NADER C. VASDIKI [Applicant] HOLLAND PLAZA SHOPPING CENTER, LLC [Owner], Conditional Use Permit for an Indoor Recreational Facility. 4318 Holland Plaza Shopping Center (GPIN 1476975253). COUNCIL DISTRICT— ROSE HALL MEETING DATE: April 5, 2016 ■ Background: The applicant requests a Conditional Use Permit to allow for an indoor recreational facility, specifically a large entertainment venue for children, within the Holland Plaza Shopping Center. The proposed indoor recreational facility will occupy a 26,300 square foot unit that was previously a pet store. The proposed facility will include an indoor playground, ninja warrior course, café and casual restaurant, seating area, and birthday areas. • Considerations: The proposed indoor recreational facility is a creative reuse of a large commercial space within the Holland Plaza Shopping Center. All proposed renovations will be inside the unit with the exception of new signage over the entrance. No changes to the site are proposed with this application and the site has ample parking to accommodate this use. Further details pertaining to the application, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff has not been made aware of any opposition to this 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. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. i Submitting D= •• • �/ent/Agency: Planning Departme 4. '' City Manager: '!!`l Applicant Nader C. Vasdiki Agenda Item Property Owner Holland Plaza Shopping Center, LLC Public Hearing March 9, 2016 City of City Council Election District Rose Hall Virginia Beach Request 3a Conditional Use Permit (Indoor Recreational o, Facility) ° o' . �'�'4%.'0,,,,,.,a,, `a r Ems,��° • F 4•,4"„ m Staff Planner „i` .1° F ''�.,,' Kevin Kemp °f '�° "�a Location „�q� b, i� 4318 Holland Plaza Shopping Center S4r ”°,4 I o GPIN E s i' R s ` 0 14769752530000 "4 Ai' 'w Site Size 10.96 acres (unit is 26,300 square feet) c� �'° ab \ i bbIN/L+M bf' AICUZ aye p''e�`'"° se"'''° .fLess than 65 dB DNL ii—vs.‘ ~ , ` Existing Land Use and Zoning District Mixed retail/ B-2 Community Business Surrounding Land Uses and Zoning Districts . s4 `� 7 `7 North . ' Single-family homes/ R-7.5 Residential s > South : " P"o , o Holland Road �. c, fi .> Mixed retail/PD-H1 Planned Unit Development ••,' -; ,tee • `, �, ,0 East ` a t IN,iff Office/0-2 Office ASouth Plaza Trail �, .� ��� "_.,� West ' , , ` 4 Mixed retail/ B-2 Community Business , . i y fi ¢ ', Nader C.Vasdiki Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for an Indoor Recreational Facility, specifically a large entertainment facility for children (Funville Playground and Café). • The proposed facility will occupy a 26,300 square foot space within the Holland Plaza Shopping Center.The space was previously occupied by a pet store. • The Funville Playground and Café will include the following: o Indoor Playground-This area will contain climbing structures with multiple obstacle courses and ramps that lead up to slides and several levels to explore.The playground will be fully enclosed for safety, but fully accessible to parents. o Ninja Warrior Course-This area will include obstacle courses for older children, teens and adults. o Café and Casual Restaurant-The menu will include soft drinks and light meals. No alcoholic beverages will be provided. o Seating Area-The seating area will include approximately 220 seats with tables.This space will be located in the center of the facility to allow parents to watch their children in any play area. o Birthday Areas-The space will include three separate rooms that will be available via reservations. • Funville Playground and Café will have ten full-time employees. • The hours of operation will be from 10:00 a.m.to 9:00 p.m., Monday through Saturday, and from 10:00 a.m. to 6:00 p.m. on Sunday. • This will be the second Funville Playground and Café in the Hampton Roads area.The first facility is located at the Chesapeake Square Mall and opened in 2015. 1 Y- - . `^ ch. . ��i------7. � t� ��= ZoningHistory , , > �0�y Alf, � � # Request 'e� 0t-i ,-�r 1 CUP(Indoor Recreation Facility)Approved 07/03/2012 N �,- °K->c CUP(Motor Vehicle Rental)Approved 08/27/1996 1 f' • _ 2 CRZ(B-2 to Conditional A-18)Approved 05/08/2007 ♦ .. Pte; \ 3 MOD Approved 10/14/2008 �' ' ;!�'� t,«, A CUP(Cellular Telephone Antenna)Approved 10/14/2008 "rte. > 0 • -,-- :i. bic—' es-, t. AV: .4 Com:,: kyr 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 Nader C. Vasdiki Agenda Item 1 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities 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 is 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 Street Name Present Volume Present Capacity Generated Traffic 1 22,800 ADT 1(LOS°"D") No change is expected from the Holland Road 41,700 ADT 27,400 ADT 1(LOS°"E") number of trips generated by this South Plaza Trail 10,200 ADT 1 30,600 ADT 1(LOS°"D") use occupying an existing unit j 32,800 ADT'(LOS 4"E") within a shopping center 1 Average Daily Trips 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no CIP projects scheduled on these segments of Holland Road and South Plaza Trail, although the MTP lists Holland Road, currently identified as a four-lane urban minor arterial, with an ultimate width of six lanes. Public Utility Impacts Water & Sewer The site currently connects to City water and City sewer. Evaluation and Recommendation Staff finds this request for an Indoor Recreational Facility is consistent with the Comprehensive Plan's land use recommendations for the Suburban Area. The proposed use will occupy a currently vacant, 26,300 square-foot unit within the Holland Square Shopping Center. Indoor recreation facilities are explicitly included in the trip generation data for a shopping center; as such, converting a portion of the shopping center from retail to an indoor recreational facility is not expected to have any impact on the trip generation as a whole. There is ample parking for this use on the site, and the use is not expected to have any negative effects on the adjacent properties. Furthermore,this proposal is a creative reuse of a large commercial space that will have a positive impact on the shopping center. Based on the considerations above, Staff recommends approval of this request. Nader C.Vasdiki Agenda Item 1 Page 3 II 1 Site Layout ' -gt *•!.. , ,11) 1 - if .. \-- . ; . , ••. • ... . • 1 I 1 .1..._ ). f 1 f .• iivat. VZVld Hinos i 0. .. . . a. 4 , .or iwts----y le, • I 1 ',..?..,• :1 iTiza .....4x;i:-....1-,... 4". tt. 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' ..1 z., :3 '''. ,...—-_••• '"" ,- -....,..,-. - „...-- ,..,.7,1,-. ..w. ..L.—r..-..• Z. ' +IWO -- `-^4411447'- ' 44111,3‘.I.. .611"'.P. ... ;...- ,,................."' 'i k.,* si 1-111111• ,Y, .0.10 ow No...•1. v , sew . • e - .". 1. .. t • t ..... .... . t II 1 0 I Iii/ 1 II I t I 1 tli I 041 g 1 to 1 uhp,ilii 3 I ., / . . ' f ilk ii .i ookiii I I if•! .. , ! i N , litttl,,, Ili Iiit'lltirri.I! i,l'i i; 14484 MI fialif it 4fi^ dill 111111;41ilinijil^li!irf .,. 441 1 ktts ill :1 1112 II t. !, ? ____14 19ift 'Milli . Al tf. •` . ::', • 1 glafaifilhiilfirie.:44. .r i ..' — _ Nader C. Vasdiki Agenda Item 1 Page 4 Proposed Floor Plan TMA STORAGE . It w r ? "---P KITCHEN R ? Q s 1 PARTY AREAS Fp VIRTUAL 1 r._ !...w, PLAY 1 AREA - • , • SEATING AREA PLAY PLAY REG1Si'R -AREA AREA ; AREA _ . ,,...,.,..._ . AIl�N y -) 14E-v, I RK Firs n„VILL2 PLAYf7104)11 W: 1 I Nader C. Vasdiki Agenda Item 1 Page 5 Site Photos *.PIa grlaurii v- sn7 Gttr: 1 New Tenant Signage Conforming with Sign Ordinance. Existing EIFS,touched up and painted to match adjacent EIFS. All other existing exterior construction undisturbed. RECREATIONAL. �itc�Ma4 "1 . • • Nader C. Vasdiki Agenda Item 1 Page 6 Nfi3 Virginia Beach APPLICANT'S NAME 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 I Nonconforming Use Compliance,Special j Investment Program Changes Exception for (EDIP) Board of Zoning ( Encroachment Request Rezoning Appeals Certificate of 1 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 Page 1 of 7 2.6 0> W/ grip, �' Virginia Beach 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. \\1� (A) List the Applicant's name:_`� �C__ __�.Q` Js��`� 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 • • 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. ,,��// l�,.� 1_7n/ ( /f za Ce-4-17/em .L.C. (A) List the Property Owner's name: L ,�4 ��L" CL�Sj If an LLC, list the member's names: _ 4C 2_$ Sycapore oac( �� , Lt. C L'2�� Page 2 of 7 GI RA (2.�"Z c . Fe t eniP74� 7 / %rust (i2.5 2 ' v/�Eh C.XGmi�f 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) 'Patent 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 I ocal Government Conflict of Interests Ar t.Va Code § 2 2-31(11 2 Affiliated business entity relationship means "a relationship other than parent-subsidiary relationship, that exists when +n one business entity has a controlling ownership interest in the other business entity (ip a controlling owner in one entity is also a controlling owner in the other entity. or the 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 7 *NIB APPLICANT Virginia Beach — YES NO I SERVICE PROVIDER (use additional sheets it needed) I Accounting and/or preparer of your tax return Architect/ Landscape Architect/ INII4OFF4 (400 Land Planner eeNkti eTS Contract Purchaser(if other than )( the Applicant) identify purchaser and purchaser's service providers Any other pending or proposed �/ purchaser of the subject property 7` (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current �) mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X1Legal Services Real Estate Brokers / [Z] Agents/Realtors for current and Tf1E hL LSI anticipated future sales of the CdT 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 LIJf 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 N/B Virginia Beach CERTIFICATION: I 1 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. r APPL CANT 5 SIGNATURE I PRINT NAME TE Page S of 7 OWNER Virginia Reach 1 j PROVIDER(use additional sheets if YES NO SERVICE needed) Accounting and/or preparer of your tax return — Li- Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than (1 the Applicant)- identify purchaser I� and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors I I I . l Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders -"' selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the • subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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 6 of 7 NB Virginia Beach CERTIFICATION: 11 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 Applic —_ 7 I T 7 PROPERTY 0,M,IER S SIGNATURE , PRINT NAME DATE 1 Page 7 of 7 4 ... . . .. T:heO nTP SA�Atic,..7,....:: ,„ Broker;gr with rt_ion.Real r,-tate tr rr6 rn lir March 22.2016 Via Hand Delivery Kevin Kemp Virginia Beach City Planner Virginia Beach,VA 23456 He Funvilie Playground 4318 Holland Plaza Shopping Center Virginia Beach.VA 23452 City of Virginia Beach Disclosure Form Dear Kevin. Please allow me to confirm that I signed the previously executed Disclosure Document as the Asset Manager for the property as the Landlord was out of town and granted me approval to execute the document without delay. Please contact me directly with any questions Sincerely. y John Katsias President The Ka(sias Company CC Holland Plaza Shopping Center.LLC Cole Werkheiser.Sales&Leasing Associate ENCLOSURES Item#1 Nader C.Vasdiki Conditional Use Permit 4318 Holland Road District 3 Rose Hall March 9, 2016 CONSENT An application of Nader C.Vasdiki for a Conditional Use Permit(Indoor Recreational Facility)on property located at 4318 Holland Road, District 3, Rose Hall. GPIN: 1476-97-5253-0000. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. 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 1 for consent. The applicant Nader Vasdiki appeared before the Commission. r4� H'y7 ,(4. 1 s fsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AUTO AND EXPORT, INC [Applicant] J&J SHIKELLAMY, LLC [Owner], Conditional Use Permit for an Automobile Repair Garage and Bulk Storage Yard. 569 Central Drive (GPIN 1496678840). COUNCIL DISTRICT— BEACH MEETING DATE: April 5, 2016 • Background: The applicant requests a Conditional Use Permit to operate an automobile repair facility within an existing 6,000 square foot building. Approximately 35,000 square feet of the site will be used for the storage of vehicles awaiting repair. The applicant operates a wholesale business of used vehicles. No sales to the general public will take place at this site. Minor repairs will be performed to prepare vehicles to be sold. The proposed facility will employ three people and will have hours of operation Monday through Friday 9:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to 3:00 p.m. • Considerations: This proposal for automobile repair and bulk storage will occupy an existing facility within the London Bridge Industrial Park. The proposed use is consistent with the character of the surrounding area and is identified as a compatible use within the greater than 75 dB DNL noise zone and APZ 2. No changes to the exterior of the building are proposed with this request. The proposed storage yard will be located behind the building and will be screened from view from the right-of-way with a solid opaque fence and existing mature vegetation. Further details pertaining to the application, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff was not made aware of any 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. With the exception of any modifications required by any of the below conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout plan entitled "569 Central Drive, Virginia Beach, Virginia." Said site layout plan has been exhibited to City Council and is on file with the Planning Department. 2. All vehicle repair shall take place inside the building. Auto and Export, Inc. Page 2 of 2 3. There shall be no outside storage or display of tires. 4. The storage of vehicles shall only be permitted within the "Designated Bulk Storage Yard," as indicated on the submitted site layout plan referenced in Condition 1 above. 5. The bulk storage yard shall be used only for the storage of automobiles associated with the applicant's business. 6. Any automobile, chemical or equipment storage shall be kept outside of the Special Flood Hazard Area. 7. A six-foot, solid, opaque fence shall be installed in the northern and southern drive aisles as indicated on the submitted site layout plan entitled "569 Central Drive, Virginia Beach, Virginia." 8. At a minimum, street frontage landscaping shall be installed between the parking lot and right-of-way, in accordance with the City of Virginia Beach Landscaping Guide. 9. Canopy trees shall be installed within the existing parking lot islands as is required by the City of Virginia Beach Landscape Guide prior to issuance of a Certificate of Occupancy. 10. Other than dead, dying or diseased vegetation, existing vegetation along the southern and western property lines shall be preserved to the extent possible. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departm- gency: Planning Departme40i cie,‘frig% City Manager: NBApplicant Auto and Export, Inc. Agenda Item Property Owner J & 1 Shikellamy, LLC Public Hearing March 9, 2016 (Deferred on 02/10/2016) D2 City Council Election District Beach Virginia Beach Request = E I 1 Conditional Use Permit (Automobile Repair F Garage and Bulk Storage) ',. F s. Staff Planner Jimmy McNamara 7tOdum..Road Location 11111 ,,�,,,,,,o,;0 569 Central Drive GPIN puaPq COWS 14966788400000 Site Size 1.97 acres AICUZ ,„,,,,,- Greater „MGreater than 75 dB DNL,APZ 2 Existing Land Use and Zoning District Office Warehouse/1-1 Light Industrial Surrounding Land Uses and Zoning Districts "North ! Ff rOffice warehouse/I-1 Light Industrial .. i f � c , ,i t South IwT (, .r frOffice warehouse/I 1 Light Industrial . . `i � East 4 Central Drive lrtJ - -' Vacant/1-1 Light Industrial West _) 7� Eastern Branch Lynnhaven River <- y, ,:,.�y�r •_. F Ni Office warehouse/ 1-1 Light Industrial w ‘ : ', C I Ax r' 4. r. 'iCt:'.,.: .. �. :" `. t Auto and Export, Inc. Agenda Item D2 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for an Auto Repair Garage and Bulk Storage. The applicant proposes to occupy a 6,000 square foot building for auto repair and approximately 35,000 square feet of the 1.97 acre site will be used for storage of automobiles. • There are currently two office warehouse buildings on the property. The applicant will occupy the rear building. Access to the site is from an existing curb cut along Central Drive. • The nature of the applicant's business is the wholesale of vehicles to used car lots. Three employees will work on the property between the hours of 9:00 a.m.to 5:00 p.m., Monday through Friday and 9:00 a.m.to 3:00 p.m., on Saturday. No retail sales to the general public are proposed at this location. Light mechanical work and body repair will occur within the existing building. • The applicant intends to store vehicles in the bulk storage yard that are awaiting repair. As such, a Conditional Use Permit for a Bulk Storage Yard is required. • An opaque fence, not less than six feet in height,will be installed to screen the storage area from view of Central Drive. A row of mature loblolly pine trees exists along parcel's southern property line. The mature vegetation within the riparian buffer adjacent to the Eastern Branch of the Lynnhaven River will remain and provide additional screening. 1:1 r Li= ;- Pr on Road,_ Zoning History NMI t� U Request 1 CUP(Communications Tower)Approved 02/26/2002 a 2 C CUP(Bulk Storage)Approved 02/26/2002 11.ys�owc .P=2 2 CUP(Storage Yard)Approved 10/14/1997 3 CUP(Automobile Repair Establishment)Approved 1 EJ a O 03/28/1995 p ; + , C 4 CUP(Bulk Storage)Approved 08/12/2003 0 0 4 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 Auto and Export, Inc. Agenda Item D2 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area Special Economic Growth Area 2 (SEGA 2)—West Oceana. SEGA 2 includes Lynnhaven Mall,surrounding retail and office complexes,and Oceana West Industrial Park.All of this area is inside the AICUZ high noise zone and much of it is subject to Navy restrictive easements.SEGAs are predominantly non-residential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area and are viewed as special areas with significant economic value and growth potential. Land uses compatible with military uses are targeted for these areas.The City supports all new development or improved redevelopment proposals of this area that adhere to the City's AICUZ provisions and the City's economic growth strategy. (pp. 3-29 to 3- 30) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. The property is located in the Resource Management Area, the less stringently regulated portion of the Chesapeake Bay Regulation Area. A portion of the site along the southern property line is located within the Special Flood Hazard Area. No land disturbance is planned in the Special Flood Hazard Area. There do not appear other cultural resources on the property. Traffic Impacts Street Name Present Volume Present Capacity' Central Drive 5 800 ADT 1 6,200 ADT'(LOS°"C") Existing Land Use 2-42 ADT 9,900 ADT 1(LOS 4"D") Proposed Land Use 3-42 ADT 1Average Daily Trips 2 as defined by 6,000 sf 3 as defined by 6,000 sf industrial °LOS=Level of Service industrial building building Public Utility Impacts Water This site is already connected to City Water. There is an existing 12-inch City water main along Central Drive. Sewer The site is already connected to City sewer. There is an existing 12-inch City gravity sanitary sewer main along Central Drive. The site is serviced by Pump Station#520. Evaluation and Recommendation This Conditional Use Permit request for an Automobile Repair Garage and Bulk Storage Yard is generally consistent with the Comprehensive Plan's land use policies for SEGA 2-West Oceana particularly with regard to adhering to reinforcing industrial and commercial uses that are compatible with the surrounding area. Additionally,the proposed use is compatible with the provisions of the Zoning Ordinance for sites located within the Greater than 75 dB DNL noise zone and Accident Potential Zone 2. Section 228 of the 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. This requirement is being met along the eastern boundaries of the storage area the boundary facing the right-of-way; however,the existing chain-link fence is proposed to surround the remainder of the storage area. As the chain-link Auto and Export, Inc. Agenda Item D2 Page 3 fence does not meet the Category VI requirement,a deviation must be approved by the City Council through the provisions of Section 221 (i)of the Zoning Ordinance. Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given the industrial nature of the surrounding properties,the existing mature vegetation on this site and offsite within the riparian buffer, and the distance and lack of visibility of the storage yard from Central Drive. Based on these considerations, Staff recommends approval,subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of the below conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout plan entitled "569 Central Drive,Virginia Beach,Virginia." Said site layout plan has been exhibited to City Council and is on file with the Planning Department. 2. All vehicle repair shall take place inside the building. 3. There shall be no outside storage or display of tires. 4. The storage of vehicles shall only be permitted within the "Designated Bulk Storage Yard," as indicated on the submitted site layout plan referenced in Condition 1 above. 5. The bulk storage yard shall be used only for the storage of automobiles associated with the applicant's business. 6. Any automobile,chemical or equipment storage shall be kept outside of the Special Flood Hazard Area. 7. A six-foot,solid, opaque fence shall be installed in the northern and southern drive aisles as indicated on the submitted site layout plan entitled "569 Central Drive,Virginia Beach,Virginia." 8. At a minimum street frontage landscaping shall be installed between the parking lot and right-of-way, in accordance with the City of Virginia Beach Landscaping Guide. 9. Canopy trees shall be installed within the existing parking lot islands as is required by the City of Virginia Beach Landscape Guide prior to issuance of a Certificate of Occupancy. 10. Other than dead, dying or diseased vegetation, existing vegetation along the southern and western property lines shall be preserved to the extent possible. 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. Auto and Export, Inc. Agenda Item D2 Page 4 Proposed Site Layout 569 Central Drive, Virginia Beach, Virginia 1 ' �1 k ..�, 1 Illi �" Designated Bulk . — 1P Storage Yard Installation of 6' __ ' --- Jin solid opaque , a–w fence II S ,i v I, 1.1, Automobile 8 PLT ° Installation of 6' Repair Garage ° ■ �. solid opaque I1 l �i. a - r fence .A I, `fa- ..In k P p j o ..'LhAO)NG. iN '� DddfDS�K � 56.119 SO.FI� ii .: .-. tri •�*`S r eo{oo' _ 1� II . I 11 I` A 4, i.I ;4' `O WAREHOUSE )AREHOUSE 8 V 3l I • 0 I m I h II 03 i 1 i 1 ( --2 ne FLOt OF 5.5.•11950.. •,', • i FB.P "iniNiI A � (TY P) ,' 1 kti \09 ' 1 I, ��I� • X1,, FLOOR SHOWROOM " Installation of a @l i(� canopy trees within e0°O existing parking lot \-PLAN iER ....- P A. R-'l -i.' R ::: to-Na .::a,,a� '.. n islands �q Yl1, :kA I G FT Pep !!I' �, ' J CE ''3 'PA•E91166, PALES , ►ir jro ¢, M IiIrm� • •.45 5.s Installation of• =k�e,.r,,.� �� �.�,, minimum street k ` •Izfi;ze R ► frontage planting I I II — e car o Auto and Export, Inc. Agenda Item D2 Page 5 1 Site Photos - ..., 4 • :•-: ifi, 5F' 0,,,........--.........-..........., ,,,........m...,........,,.,,, ' ' aMS .•.::: . . . ' MAILABLE ,.,. ' c 757118.9144. ", IP ' '-- -..., . ._. ,.,..,,„....: , .... - .- ..- , . .... . -..- . - . .. . . ... . , H...._ ... ...... . ......,-. ......., . _ --...:,..-,=*---• 4'-. ' ••..:41••*•:. ' ' ' ''' ... • • • ''':' ' .5*4-7*- .._, _., - . . ... ' .•-; , A . • ,..4. ..i i ' •;'•.:',.:---- - ' , • ... .. .: ''' . f-----,11.' i'L 1 - '- •--"1".- ....i,',--4'1....'cr-----7,- ,__s_: , ..,......-,„.. ., ..-7:11r.. ."777--; .,;;'' !•re ' - . gpipm,---- - ,' --- ---. ' P ' --' Wit& .:.,.'•:',: ' .... ..•,-,,..-„... , ... . .- - ...,,,;.,•:, . - ,•,. •-,--...:'-',.':.;,v,;.:.•,.., ,, '',•17,:,, , . . ,. . .. . . _ . . .„ ,.., ... . _ ..,„. - . .... ..„ . . , . . _. .. -....-. , -• , . , . . .. , . . ,. .. . .. - .. _ . ....: ...-..- Auto and Export, Inc. Agenda Item D2 Page 6 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 I 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 .is to whether they have a .onflic t 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. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 a S Auto and Export, Inc. Agenda Item D2 Page 7 Disclosure Statement v3 "irr,ini.•1 L.th:1 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) Auto and Export, Inc. Hasseb Obaidy-Sole Stockholder/President. (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • 1 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. M 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) J&J Shikellamy, LLC. Jesse Waltz is the sole owner. (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. Auto and Export, Inc. Agenda Item D2 Page 8 Disclosure Statement 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: YES NO SERVICE 1 PROVIDER(use additional sheets if ineeded) ® Accounting and/or preparer of hore Breeze Accounting,LLC your tax return n ® Architect/Landscape Architect/ Land Planner -❑ -- Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Mpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors LiEngineers/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. Auto and Export, Inc. Agenda Item D2 Page 9 Disclosure Statement Virginia Beach Financing (include current fl X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services n Real Estate Brokers /Agents for CBRE(Hampton Roads and JMS ' 1 g 'Commercial.Agents are Mac Weaver current and anticipated future and John Merenda. 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 U 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? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I uncle►stand that ninon 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. f� '--�'� Hasseb Obaidy APPLICANT'S SIG RE PRINT NAME DATE Jesse Wal j I! ?-�1� f I PROPER 'S SIGNATURE PRINT NAMEA. DA .- Tetf e 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. Auto and Export, Inc. Agenda Item D2 Page 10 Disclosure Statement �`5Jb"3L `� ��v �' � 4 �''t"� "hr�4 "� x� i �Yc?n}t t c_4 •i!�',-« k'�x, s Sym fg 4k5 x F E Eck r, 4'i s a m!R dH uz � ��.�r'SSa�' a �-V� '���s�t'n rvirmr 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. • ff� / 44-f1 24'/6 CANT'S S GN RE PRIN NAME DATE Page 5 of 7 Auto and Export, Inc. Agenda Item D2 Page 11 Item#D2 Auto and Export, Inc. Conditional Use Permits 569 Central Drive District 6 Beach March 9, 2016 CONSENT An application of Auto and Export, Inc.for Conditional Use Permits(Automobile Repair Garage and Bulk Storage Yard)on property located at 569 Central Drive, District 6, Beach.GPIN: 1496-67-78-8840-0000. CONDITIONS 1. With the exception of any modifications required by any of the below conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout plan entitled "569 Central Drive,Virginia Beach,Virginia." Said site layout plan has been exhibited to City Council and is on file with the Planning Department. 2. All vehicle repair shall take place inside the building. 3. There shall be no outside storage or display of tires. 4. The storage of vehicles shall only be permitted within the "Designated Bulk Storage Yard," as indicated on the submitted site layout plan referenced in Condition 1 above. 5. The bulk storage yard shall be used only for the storage of automobiles associated with the applicant's business. 6. Any automobile,chemical or equipment storage shall be kept outside of the Special Flood Hazard Area. 7. A six-foot,solid,opaque fence shall be installed in the northern and southern drive aisles as indicated on the submitted site layout plan entitled "569 Central Drive,Virginia Beach,Virginia." 8. At a minimum street frontage landscaping shall be installed between the parking lot and right-of- way, in accordance with the City of Virginia Beach Landscaping Guide. 9. Canopy trees shall be installed within the existing parking lot islands as is required by the City of Virginia Beach Landscape Guide prior to issuance of a Certificate of Occupancy. 10. Other than dead,dying or diseased vegetation,existing vegetation along the southern and western property lines shall be preserved to the extent possible. Item#D2 Auto and Export, Inc. Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item D2. 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 D2 for consent. The applicant Hasseb 0. Baidy appeared before the Commission. L__________,_ _____ 00'----------------------- oisi __________________ re _ _ gii, tii$1-g; _ ._ ._, ,, .. / .„,.. . I , / , _ di y - i 0 40IP ,,, 3 /' /1 1 y . . N Ca • *j OS� y,l } l..o .J Vvv.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUE DAVIS, TRUSTEE OF THE FRANKLIN L. COX IRREVOCABLE TRUST [Applicant / Owner] Rezoning from I-1 Light Industrial District to B-1A Limited Community Business District. 5775 Princess Anne Road (GPIN 1457947014). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: April 5, 2016 • Background: The applicant requests to change the zoning of the subject parcel from I-1 Light Industrial District to B-1A Limited Community Business District. Despite being zoned I-1, the parcel has been used for retail and offices since the current owner purchased the property in 1973. The shopping center contains a comic book store that has operated in that location for many years. The owner of the shopping center wishes to lease two currently vacant units to an antique shop and a tailor, both uses that are not permitted within the I-1 District; therefore, this change of zoning is requested. • Considerations: This property is located within the Newtown Strategic Growth Area (SGA), as identified by the 2009 Comprehensive Plan and the Newton SGA Master Plan. Although the SGA Plan identifies this parcel as ultimately becoming a portion of a "gateway park", until full implementation of this plan is realized, a change in zoning to B-1A encourages a mix of uses that is more compatible with the surrounding area. There are no changes proposed to the site or exterior of the building associated with this request. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff was not made aware of any 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. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map I I I Sue Davis, Trustee of the Franklin L. Cox Irrevocable Trust Page 2of2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depa ent/Agency: Planning Departm * A City Manager: M � v Applicant/Property Owner Sue Davis, Trustee of the Franklin L. Agenda Item Cox Irrevocable Trust ,Ni Public Hearing March 9, 2016 City Council Election District Kempsville Virginia Beach Request Rezoning (I-1 Industrial to B-1A Limited Community Business) Gan'q„n,,je Cot, 4venue Staff Planner '''"),46,„,„‘„ Jimmy McNamara `k• "'',04. QC' Location City of Norfolk / 5775 Princess Anne Road G PI N �e„tha 04,d 14579470140000 Site Size ab4"tets Southern Boulevard 20,077 square feet gnewhe�,o 4°eRo,d Py„,.,_ AICUZ "' � e»a. b aR4n 'e Less than 65 dB DNL , I r° z •one,ur goad Sal �� Qe Existing Land Use and Zoning District Retail/1-1 Light Industrial Surrounding Land Uses and Zoning Districts , *' North „. / 3 } A Princess Anne Road te `. t Mixed retail/ B-2 Community Business .. ?. South 0- a:" �_- ti Norfolk Southern right-of-way : ti ' Office warehouse/Conditional I-2 Heavy ; w ' ` y •```. Industrial ' ° East I; .7/ ,. - - ry Tattoo parlor/B-2 Community Business II. r• ”` 1 4 M West 4-- ,>! —. Retail/B-2 Community Business "� + �` * k a' , e., le VN 6 t fi NaiZ Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 1 ii 1 Background and Summary of Proposal • The applicant requests a rezoning of the subject parcel from I-1 Industrial District to B-1A Neighborhood Business District. • Despite its I-1 Industrial District zoning,the subject parcel has been utilized for retail and office uses since the time of its purchase by the current owner in 1973. The shopping center has a comic book store tenant that has operated in that location for many years. • Over the past several years,the shopping center has had to turn away numerous tenants as retail sales is not a permitted use within the I-1 Industrial District. • The shopping center owner wishes to lease two vacant units to an antique shop and to a tailor, both uses that are not permitted within the I-1 District,therefore, a change of zoning is requested. • The existing 23 parking spaces provided onsite meet the requirements of Section 203 of the Zoning Ordinance for retail establishments. 0 / ( J 1 cam `) O / , ,. 7Zoning History cifr5 # Request / 1 CUP(Tattoo Parlor)Approved 11/17/2015 ' '3 t1 2 CRZ(I-1 to Conditional 1-2)Approved 11/08/1995 .. .nceSSgA 1„ 3 CRZ(1-1 to Conditional B-2)Approved 09/10/1997 .iiboadA 4 CUP(Tattoo Parlor)Approved 04/08/2008 5 CUP(Business and Vocational School)Approved T---- ___ fri / i . ! 02/24/2009 f __ .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 Newtown Strategic Growth Area (SGA),as identified by the 2009 Comprehensive Plan and the Newton SGA Master Plan (adopted on July 6, 2010). In the long term,the Newtown SGA Plan envisions shifting the Newtown light rail station from its current location in Norfolk to approximately 2,000 feet east into Virginia Beach where more compatible transit-oriented development can occur(p. 25). The triangular land area bordered by Newtown Road, Princess Anne Road and the former Norfolk Southern right-of-way is planned as a "gateway park" largely due to constrained vehicular access opportunities for these parcels (p. 14). Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 2 ' ,,,,,,, 144 IpprP t la 4 .....-',<;-- -:-, " + - .� __ , - mo �� 1._ _},. , Hampton Roads Transit's preliminary plans for the light-rail extension and multi-purpose path do not impact the subject site; however,when the stop bar for the gate on Princess Anne Road is down,there may be a slight delay in vehicles exiting the property. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. The site is almost entirely impervious, as it is developed with a building and the associated paved parking area. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 26,672 ADT 1 14,800 ADT 1(LOS°"C") Existing Land Use 2—35 ADT 27,400 ADT 1(LOS°"E") Proposed Land Use 3-253 ADT 'Average Daily Trips 2as defined by.46 acres of 3 as defined by.46 acres of B-1A 4 LOS=Level of Service 1-1 Industrial District Limited Community Business District The site does not meet current Public Works Standards for entrance layout and throat length requirements. There is no redevelopment of the site proposed with this application; however, if a site plan is submitted, Public Works will require these items to be brought into compliance with current City Standards. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this site is a four lane divided minor arterial roadway. Princess Anne Road has a variable width right-of-way, and the Master Transportation Plan shows a divided roadway with an ultimate right-of-way width of 100 feet. There are currently no capital improvement projects scheduled for this segment of Princess Anne Road. Currently,this segment of roadway is functioning over-capacity at a Level of Service E. No roadway Capital Improvement Program projects are slated for this area. Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 3 Public Utility Impacts Water This site is currently connected to City water. There is a 10-inch City water main and a 48-inch City water transmission main along Princess Anne Road. The existing one-inch meter(City ID#95087566) may be used or upgraded to accommodate the proposed development. Sewer This site is currently connected to City sewer. There is an existing 12-inch City sanitary sewer gravity main and a 24-inch HRSD force main along Princess Anne Road. Analysis of the receiving sewer system may be required to determine if future flows can be accommodated. Evaluation and Recommendation The proposed change of zoning from I-1 Light Industrial District to B-1A Limited Community Business District is acceptable, particularly given the uncertainty associated with long term plans for this site. The Newtown SGA Plan envisions this triangular area of land as a gateway park marking the entrance into Virginia Beach from Norfolk. Prior to the full implementation of the plan, changing the zoning from I-1 Light Industrial to B-1A Limited Community Business encourages a better mix of compatible uses with the surrounding properties along Princess Anne Road.The purpose of B-1A Limited Community Business District is to provide areas where limited commercial development can be dispersed to support the needs of nearby residential neighborhoods. Permitted uses include bakeries, beauty shops, and specialty shops. Staff does not anticipate this change of zoning will negatively impact any of the adjacent properties. Based on the considerations above, Staff recommends approval of the request. Sue Davis, Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 4 Physical Survey 11...115 0 CCR100 T.44 Ch..904444 I J::'6,I SJVAEYEO IC PROPCR1,G.10.01 On TNti PUT ANO THAT IN(1171.1 EICS AND PIrYSCCAE IVPN040NENIS ARC SNSNN ON 140 PIN 114 qaPnowhons 0 04C. LTH a. .1400-10 N IF* 44'11C ONES MND''SCS ARE NO CNatOAONYErCS OR ASIR.P IANi4ECEP NI0 EST IS S3,!•A•, a4f1, .4 t. TIE 004.441.0,I C8N:11410 APPEARS 0 0,IN TIO[ N-/ •P O I PPM IPPP CRT 6 VRONIA d{0144 CONJJI I NO 54533^. ..U- YA0 RCASNM ;/I410*, it, 70`5 r.g14.NO 00030 - .- 1015 SJY.IY PCpTORN�O wI!AOJT V E'IA7: BOONE >- ME 80+0141 01 A 7174.1 REPORT }l LA:.Na 1},y,1 A Ti.J't RT ANO'1.480 101.TASEUE777(../NUM GREATER 81511,,is NOTt0; A, e .!O J 160 Q, DIRTS 444.01.0 AND 4'..10101.1 10 ALL SIDE AV)WAR 1.3•115 V H; _015 O MTt1+M TINS 3.LtD01930 � 944 Q 4URv .F' iE6�N6 • 1 0 MP POC .0.0'•-'' 4..10. CAR 111111424 P10 011 IP 914.'11014.RLfTT4. DI Mai REIT 66 r1i S 0.0 SCNOR 114Y`DYt RS IpN.7Y14$ to&i)'AE`K�Q'. �p� S S° NO F° ,R "f"n `wr 71 . 445 t11P'. Pd. [.iP yt 0115'4/61?-7.`:777 NA$ONKI' EC AUIL01NC 0576 -(5777 t,. 708 E k' ri fo�� o +x0r5� s 107' o wrc 1372 i--...,-i ov,„, u LJ CfM1CR4T(MKP Q 4 J Nc.,, FAKE.a I 1 1.7 n4Pw,5.1.53+--1-- i---T 1 I o P. & PN1C4.► 70617 SO'TOM C.I00a x Q< b044v0 0 11 1.0,1440 COMM CUB--. t r, Ix I 011494[1rt*IRAI 0'ETESAPEAN,PM POIOwt DRAWPM j!P i Y8!27,PG.'D TUP1Qt CORPRR C1EIRR1 .9S ')I, py..-. -. DA.MI PG.'RD t ' "''.6v 1'— KRIYYt61 0 .0,�4tA5 uNC 'r 'Stt v1Vian1a MOM �•--- `,.. ' +'t il',. W 1.714.,.51 1 I 7 \ Z P P8 uiPG iu 4.11418 ql. c04047_YrD rA�,l '`.Ara_ _�, t -x,/16 J secs,., A'tcw PRINCESS ANNE 55.73 E 1.;114 jsiac• "'q• -�0,,, ti4.. -150 ROAep97F Y6RIAB(f W,©Tk R 444s; tok /W) PHYSICAL SURVEY J1 5767 ti;// PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA A PUR;ICN 6r PARCEL A SUBDIVIS ON Or PROPOSED STA-ION ..OT ON PRINCESS ANNE RD. GREENWiCFI SUPPLY CORP. 144.0. 06, PC, 51 'OR: 1..ROY COX STT-IEN I.000.1,.•445004.0745.P.L. IA110 SJNYCYJP iC+1.4. 1".75 .' POR109000,',IIR0IH44 DML JANIWiY 6.Xi( 0'WT'14.8. 1 I P.B.675.PG a LOB+;CI', „1, Sue Davis, Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 5 III Site Photo II r - 1 Tircryi J / Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 6 I i I Disclosure Statement \113 Virginia$each APPLICANT'S NAME: Sue Davis 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 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 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. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR cnvUSE ONIvr: Page 1 of 5 h r r n11551< <a�;l i...y ,.,i i r ting(r1, .,I It til. ; APPI I CANT NOTIFIED OF HEARING F IN NO CHANCLSA' 01 I LAIE f/z.z p �. REVISIONS SUBMITTED [^• / Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 7 Disclosure Statement Virginia Beach CCheck here if the APPLICANT ISNOT 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:Sue Davis,Trustee 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 l or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n 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 Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 8 Disclosure Statement 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) t "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_ooerated 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 Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 9 I i I i Disclosure Statement Virginia Beach YES NO SERVICE PROVIDER use additional sheets it nn n Accounting and/or preparer of I your tax return aArchitect/Landscape Architect/ Land Planner ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s)and 1 purchaser's service providers) Construction Contractors j Engineers/Surveyors/Agents Stephen 1.Boone&Associates Financing(include current mortgage holders and lenders Mselected or being considered to provide financing for acquisition or construction of the property) CLegal Services Sykes,Bourdon,Ahern&Levy,P C. Real Estate Brokers I C 0 Agents/Realtors for current and anticipated future sales of the subjectproperty • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® r an interest in the subject land or any proposed development L contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest?The Trustee, Sue Davis is an employee of the Virginia Beach Public Schools Page 4 of 5 Sue Davis,Trustee of the Franklin L.Cox Irrevocable Trust Agenda Item 11 Page 10 Disclosure Statement NB Virginia Beach CERTIFICATION: CERICA _�a. CER-I - I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand liiai, upon receipt of notifi(atom that the application has teen .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 Ap ication. 0- C.) 'Sue Davis. Trustee 'I_S• 15 1 PROPER'Tv OWNER'S SIGNATURE I PRINT NAME j DATE Page 50#5 Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Agenda Item 11 Page 11 Item #11 Sue Davis,Trustee of the Franklin L. Cox Irrevocable Trust Change of Zoning 5775 Princess Anne Road District 2 Kempsville March 9, 2016 CONSENT An application of Sue Davis,Trustee of the Franklin L.Cox Irrevocable Trust for a Change of Zoning(I-1 Industrial District to B-1A Limited Community Business District)on property located at 5775 Princess Anne Road, District 2, Kempsville. GPIN: 1457-94-7014-0000. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approved item 11. 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 11 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. K. APPOINTMENTS AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PLANNING COUNCIL TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 03/15/2016 PAGE: 1 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R EE EN SNMI 00 T R Y S E S DSNND CITY COUNCIL BRIEFING COMMUNITY ORGANIZATION Kim Thumel,Vice COMMITTEE(COG) ANNUAL Chair REPORT II CITY MANAGER'S BRIEFINGS A. LIGHT RAIL Brian Solis,Interim 1 MOU SGA,Transportation Planning Manager 2 Vehicle Acquisition William Harrell, President,Hampton Roads Transit(HRT) B. CIP 1. ROADWAYS Philip Pullen, Transportation Engineer-Public 1 Works 2. COASTAL Dan Adams,Coastal Program Manager- Public Works C. PENDING PLANNING ITEMS REMOVED FROM AGENDA ADDED NEW PARKS and RECREATION Tom Leahy,Deputy ADMINISTRATION BUILDING City Manager III/IV/V/V CERTIFICATION OF CLOSED CERTIFIED 11—0 Y Y Y Y Y Y Y Y Y Y Y 1/E SESSION F/G MINUTES INFORMAL/FORMAL SESSION APPROVED 11—0 Y Y Y Y Y Y Y Y Y Y Y March I,2016 H. PRESENTATION PROCLAMATION: ADVANCE CARE Dr.Heidi Kulberg, PLANNING Director,Virginia Beach Department of Health Paige Crunk,Chair, Health Services Advisory Board Victoria Strasnick, Vice-Chair,Health Services Advisory Board PUBLIC COMMENT Two Speakers COMPREHENSIVE PLAN: 2016 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S i DATE 03/15/2016 PAGE: 2 A V H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y L N A O O O R S 0 R EE EN S NM I 00 T R Y S E SDSNND J. PUBLIC HEARING LEASE of City Property—Fiber Optic No Speakers Dark Cable 22°d Street and Mediterranean Avenue K./1 Resolution requesting the Circuit Court WITHDRAWN 11—0 Y Y Y Y Y Y Y Y Y Y Y to Order a Referendum Election on: Expansion of Light Rail to Town Center if the cost of construction and operation will not require any additional tax increase" (Sponsors: Councilmembers Dyer, Kane,Uhrin,Wilson and Wood) ADDED Councilman Dyer offered"A Resolution endorsing a November 8,2016,Voter ADDED 8-3 Y Y Y Y Y Y YNN Y N Initiated Referendum Election on the question of whether the City council should spend local funds to extend light rail to Town Center in Virginia Beach" WITHDRAWN B YCONS ENSU S 2. Resolution,to DIRECT the City ADOPTED,BY Manager to make a CONSENT—ADDED 11 0Y Y Y Y Y Y Y Y Y Y Y RECOMMENDATION on the 27th DATE:4/12/16 Street Gap Financing/PROPOSE a schedule for City Council action 3. Ordinance to AUTHORIZE the City ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE an Agreement CONSENT with Hillier Ignite,LLC re a Fitness Park at 36`h Street DISTRICT 6—BEACH 1 Ordinance to AUTHORIZE the City ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Lease with CONSENT Lumos Networks, Inc. at 22nd Street/Mediterranean Avenue 5. Ordinance to ADD Section 5-549 to City ADOPTED 11—0 Y Y Y Y Y Y Y Y Y Y Y Code for the restriction of pet shop sales of dogs 6. Ordinance to AUTHORIZE ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y encroachments into Lake Wesley for CONSENT CBC holdings,at 549 Virginia Dare Drive DISTRICT 6—BEACH Ordinance to CONFIRM the City7. ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Clerk's appointment of Terri Chelius as Deputy City Clerk II,effective March 7, CONSENT 2016 8. Ordinances to ACCEPT/APPROPRIATE/ TRANSFER: a $163,000 in a interest-free loan to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Kempsville Rescue Squad,Inc.re CONSENT purchase of a new ambulance CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 03/15/2016 PAGE: 3 A - V H S AGENDA E H A E W ITEM 6 SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H L W O Y LN A O O O R S 0 R E E EN S NMI 00 T R Y S E S DSNND 1i $129,968 from Virginia EMS re Four- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y for-Life Grant to enhance rescue and CONSENT medical capabilities L I. CULLIPHER FARM and POTTER APPROVED/ 10-0 YY A Y Y y YYYY Y PROPERTIES GROUP LLC for a CONDITIONED,BY B CUP re a Farm Stand(Stoney's)at CONSENT 1065 First Colonial Road T DISTRICT 5—LYNNHAVEN A N E D 2. MARGARET BAIN for CUP re a APPROVED/ 11-0 YY Y Y Y Y Y Y Y Y Y residential kennel at 1652 Flanagans AMENDED Lane CONDITIONS TO DISTRICT 7—PRINCESS ANNE LIMIT 5 DOGS L. APPOINTMENTS RESCHEDULED B YCONCENS U S BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE M/N/O/P ADJOURNMENT 7:49 PM