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JULY 5, 2016 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS,JR.,At-Large ��. _ VICE MAYOR LOUIS R.JONES,Bayside-District 4 .4 M.BENJAMIN DAVENPORT,At Large -4"NI ROBERT M.DYER,Centerville-District I r BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall-District 3 i J JOHN D.MOSS,At Large °+* "ev�� AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach--District 6 ,°` °u. w.,°"+ ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER DAVID L.HANSEN CITYATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR--JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC 05 July 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM A. RESTORATION of the EASTERN BRANCH of the ELIZABETH RIVER Council Lady Dr. Amelia Ross-Hammond, Chair Marjorie Mayfield Jackson, Executive Director B. USO WOUNDED WARRIOR WEEK Jeffrey Hill, Vice President, USO World Operations C. HAMPTON ROADS PLANNING DISTRICT COMMISSION - Governance David Hansen, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:30 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: Pastor Bubba Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 21, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY at 445 Rudder Road 2. LEASE of City-owned Farm Land at Indian River Road and North Landing Road. 3. INSTALLMENT PURCHASE AGREEMENT re acquisition of Agricultural Land Preservation (ARP) easement at 4280 Blackwater Road I. ORDINANCES/RESOLUTIONS 1. Ordinance declaring the property at 445 Rudder Road as EXCESS CITY PROPERTYand AUTHORIZE the City Manager to sell the property to James G. Fender and James Joseph Fender. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-owned Farm Land at Indian River Road and North Landing Road with Land of Promise Farms Partnership 3. Ordinance to AUTHORIZE: a. ACQUISTION of Agricultural Land Preservation(ARP) easement from My III Sons, LLC b. ISSUANCE of the City's contract obligations in the maximum principal amount of$680,787 c. TRANSFER$360,817 from the ARP Special Revenue fund to purchase United States Treasury STRIPS 4. Resolution to RECOGNIZE the 60th Anniversary of Sister Cities International J. PLANNING 1. UJFT COMMUNITY CAMPUS,LLC for a Conditional Use Permit re assembly use at 5000 Corporate Woods Drive DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 2. TONYA MITCHELL/JAG HOLDINGS, INC for a Conditional Use Permit re family home Day Care at 4441 Crow Wing Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 3. WALMART #1688 for a Conditional Use Permit re bulk storage yard at 657 Phoenix Drive DISTRICT 6—BEACH RECOMMENDATION APPROVAL 4. REED ENTERPRISES, INC for a Conditional Use Permit re motor vehicle sales at 3249 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. OLD DOMINION TOBACCO COMPANY, INC for a Conditional Change of Zoning from I-1 Industrial District and B-2 Community Business District to Conditional A-18 Apartment District West of 5400 Virginia Beach Boulevard. DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL K. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA-AT RISK) HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 2040 VISION TO ACTION COMMUNITY COALITION—REQUEST TO ADJUST TERMS WORKFORCE HOUSING 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 ****************************** 07/05/16/tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G1Nv+•BEgc MAYOR WILLIAM D.SESSOMS,JR.,At-Large 41- $t VICE MAYOR LOUIS R.JONES,Bayside-District 4 0'4 - M.BENJAMIN DAVENPORT,At Large . ROBERT M.DYER,Centerville-District I F S BARBARA M.HENLEY,Princess Anne District 7 U SHANNON DS KANE,Rose Hall-District 3 / "+ JOHN D.MOSS,At Large 1.i AMELIA ROSS-HAMMOND,Kempsville-District 2 *r o JOHN E.UHRIN,Beach District 6 °°.`woo"' ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEYMARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC 07 July 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM A. RESTORATION of the EASTERN BRANCH of the ELIZABETH RIVER Council Lady Dr. Amelia Ross-Hammond, Chair Marjorie Mayfield Jackson, Executive Director B. USO WOUNDED WARRIOR WEEK Jeffrey Hill, Vice President, USO World Operations C. HAMPTON ROADS PLANNING DISTRICT COMMISSION - Governance David Hansen, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:30 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: Pastor Bubba Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 21, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY at 445 Rudder Road 2. LEASE of City-owned Farm Land at Indian River Road and North Landing Road. 3. INSTALLMENT PURCHASE AGREEMENT re acquisition of Agricultural Land Preservation (ARP) easement at 4280 Blackwater Road 4,:4 y4pG Cy w 1 J I ,5) PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property,Tuesday,July 5,2016 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia.The property is located at 445 Rudder Road(GPIN 2417-16- 4974).The purpose of this hearing will be to obtain public input to determine whether this property should be declared"Excess of the City's needs" If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303;Hearing Impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate,Building#2, Room 392,at the Virginia Beach Municipal Center.The Re Estate Office telephone n ber is (757)385-4161. Ruth Fraser,MMC City Clerk BEACON:JUNE 26,2016 !T cf°oI .it, sy PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,July 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 comment regarding the proposed lease of 186+/- acres of City- owned farm land located on Indian River Road and North Landing Road, to be leased to Land of Promise Farms Partnership. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the City Cleric's Office at 385- 4303;hearing Impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757)385-5659. Ruth H r,MMC City Clerk BEACON:JUNE 26,2016 rl*N,81 rF , !p ro} , , z ,� m s LA., NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia,will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 101.61 acres of land located at 4280 Blackwater Road,in the City of Virginia Beach,Virginia,pursuant to Ordinance No.95-2319,as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland,(b)preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and(e)assist in shaping the character,direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $680,787. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing,which may be continued or adjourned, will be held by the City Council on Tuesday,July 5,2016,at 6:00 p.m. in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser,MMC City Clerk If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: JUNE 19&26,2016 I. ORDINANCES/RESOLUTIONS 1. Ordinance declaring the property at 445 Rudder Road as EXCESS CITY PROPERTYand AUTHORIZE the City Manager to sell the property to James G. Fender and James Joseph Fender. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-owned Farm Land at Indian River Road and North Landing Road with Land of Promise Farms Partnership 3. Ordinance to AUTHORIZE: a. ACQUISTION of Agricultural Land Preservation(ARP) easement from My III Sons,LLC b. ISSUANCE of the City's contract obligations in the maximum principal amount of$680,787 c. TRANSFER$360,817 from the ARP Special Revenue fund to purchase United States Treasury STRIPS 4. Resolution to RECOGNIZE the 60th Anniversary of Sister Cities International I I .r' - i y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 445 Rudder Road (GPIN 2417- 16-4974) to be in excess of the City's needs and authorizing the City Manager to sell the property to James G. Fender and James Joseph Fender MEETING DATE: July 5, 2016 • Background: As part of the APZ-1 Use and Acquisition Plan, the City of Virginia Beach acquired 445 Rudder Road (the "City Property") on August 4, 2015 for $255,000. The Property is improved with a single-family home on a 5,847 sq. ft. lot. James G. Fender ("Fender") owns adjacent property at 441 Rudder Road (the "Fender Property"), which is likewise improved with a single-family home on a 5,847 sq. ft. lot. Fender approached the City, seeking to exchange the Fender Property for the City Property, as the City Property is improved with a newer home that is already noise attenuated. Fender's property was appraised for $155,000. In order to accomplish the goals of the APZ-1 Disposition Committee, Fender has agreed for the City to demolish the residential dwelling unit on the Fender Property, thereby allowing the City to capture the reduction of a dwelling unit. Fender will retain the vacant land (post-demolition) on the Fender Property (the "Fender Land") and will combine the Fender Land with the City Property, vacating the interior lot line to create one residential lot with one single-family dwelling unit. Additionally, Fender will pay the City $105,847, which represents the value of the City Property and restrictions that will be place on the Fender Land, less the value of the improvements on the Fender Property that will be demolished. Fender intends to take title with his son, James Joseph Fender. • Considerations: The APZ-1 Disposition Committee reviewed the transaction and determined that the sale met various goals of the APZ-1 Program, including reducing density and promoting residences that are noise attenuated. If the City retains the City Property, the City will have to maintain the lot, an estimated annual cost of $630. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the City Property. • Recommendations: Approve the sale. • Revenue restrictions: • The City funded the acquisition of the City Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the City Property in the amount of $105,847 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Disclosure Statement, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting De• - gency: Public Works ??'viO City Manager:, 4 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 445 RUDDER 3 ROAD (GPIN 2417-16-4974) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO JAMES G. 7 FENDER AND JAMES JOSEPH FENDER 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 5,847 sq. ft. parcel of land with improvements thereon located at 445 Rudder 11 Road (the "City Property"), more particularly described on Exhibit "A" attached hereto 12 and made a part hereof; 13 14 WHEREAS, the City acquired the City Property pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the City Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the City Property is in the midst of other residences and at the 22 time of acquisition was improved with one single-family dwelling unit; 23 24 WHEREAS, James G. Fender ("Fender") owns adjacent property at 441 25 Rudder Road and has requested to purchase the City Property in order to utilize it in a 26 manner compatible with the APZ-1 Ordinance; 27 28 WHEREAS, Fender desires to purchase the City Property in accordance 29 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that City 32 Council declare the City Property to be in excess of the City's needs and sell the City 33 Property to Fender; and 34 35 WHEREAS, the City Council is of the opinion that the City Property is in 36 excess of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the City Property located at 445 Rudder Road is hereby declared to 42 be in excess of the needs of the City of Virginia Beach and that the City Manager is 43 hereby authorized to execute any documents necessary to convey the City Property to 44 James G. Fender and James Joseph Fender in accordance with the Summary of 45 Terms attached hereto as Exhibit "B" and such other terms, conditions or 46 modifications as may be acceptable to the City Manager and in a form deemed 47 satisfactory by the City Attorney. 48 49 Further, that the revenue from the sale of the City Property in the amount 50 of $105,847 shall be received and fifty percent (50%) of this amount shall be deposited 51 for appropriation in future Capital Improvement Program capital budgets in #9-059, 52 Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) 53 shall be deposited for future payment by the City Manager to refund the 54 Commonwealth's portion in accordance with the grant agreement. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 day of , 2016. CA13614 R-1 6/17/16 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d015\p022\00296692.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT v`l �CZ/If' 2i0_ Public Works , Budget & Management Servi es APPROVED AS TO LEGAL SUFFICIENCY 011144012City Attorney's OffiGe EXHIBIT "A" GPIN 2407-02-3622 (225 Gatewood Avenue) All that certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying and situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Twenty- Seven (27) as shown on that certain plat entitled, "Revised Plat of Gatewood Park," which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87, and said Lot is also shown in Map Book 34, at page 16, reference to which are hereby made for a more particular description thereof. More commonly known as 225 Gatewood Avenue, Virginia Beach, Virginia. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the public or the City. IT BEING the same property conveyed to the City of Virginia Beach by deed dated June 17, 2015 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20150617000559740. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 445 RUDDER ROAD Seller: City of Virginia Beach Buyers: James G. Fender and James Joseph Fender City Property: 445 Rudder Road (GPIN: 2417-16-4674) consisting of 5,847 square feet of land and improvements Legal Description: See Exhibit "A" to Ordinance Sale Price: $105,487, together with the improvements located at 441 Rudder Road and a restriction upon 441 and 445 Rudder Road that only one (1) dwelling unit will be permitted. CONDITIONS OF SALE: • City Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyers shall provide Seller with a right of entry to demolish existing improvements at 441 Rudder Road. • The City Property and 441 Rudder Road shall be subdivided in order to vacate the interior lot line and restrict the resubdivided lot to one residential dwelling unit. • Seller will record deed restrictions permanently restricting 441 and 445 Rudder Road to one (1) total dwelling unit. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Closing shall occur on or before July 5, 2017. uld3 71 Virginia Beach c-T APPLICANT'S NAME "-1� e'S 6" roy der DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 A The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 M SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/ Ab disclosures must be updated two (2)weeks prior to any Page 1 of 5 Aa nin iCo`11m ss on and City Conned ineetwg, that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: 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, partnr,ership, firm, business, or other unincorporated organization. 6 -- a ryi c.5 to c„, (A) List the Applicants name:_J de., 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 ' or affiliated business entity 2 relations/p with the Applicant: (Attach list if necessary) ill 1 See next page for information pertaining to footnotes and 2 ♦ w SECTION 2 / PROPERTY OWNER DISCLOSURE / Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's C_- If If an LLC, list the member's names: Page 2 of 5 i 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 relatio hi with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 V13 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services dialqv ler ❑ vrReal Estate Brokers / Agents/Realtors for current and 'f`/ • fir-TY 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 4 of 5 :'i ht of Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. AP LICANT'S SIGN URE PRINT NAME DATE JAI) es G �� Jef t PERTY OWNER SIG ATURE PRINT NAME DATE Page 5 of 5 ihiEl Virginia Beach APPLICANT'S NAME_Jc ,e.5: 0._ 4 Ft. /1111- DISCLOSURE t. /11s1DISCLOSURE 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 • s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 41)Namensam••••••=eamemamememma. to SECTION 1 / APPLICANT DISCLOSURE (i)R CITY USE ONLY/.Ai! *discl(sures must be updd ,.d ',^,o (2 i '-Ne , : ,)r o ro ,I, Page 1 of 5 %d ,101, L.cm 1, ,fits di:! :4 ,r,t) fi mea.tu q tt dt Fie t,..11_5 to the dr,r:.,i;;ut oi. 0 APPLICANT NOTIFIED O1 HEARING ML O NO CHANGES AS OF 0 ,T O REVISIONS SUBMITTED o,3TE. 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. (A) List the Applicant's name: as-N-c5 rt-'ct'c< 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. (A) List the Property Owner's name: 7a 4N-t-5 �o S t 1, rt n o/er If an LLC, list the member's names: Page 2 of 5 is 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) 47/4— "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. s a 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 \Bot,o, Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ n Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect / Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ - ,c2( purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ "Ngf Engineers / Surveyors/ Agents Financing (include current ❑ `�r-1J(° mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property).- 12f ''rr ❑ Legal Services 70/1/1 U Ity Real Estate Brokers / PA- k4ty ❑ Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El contingent an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME / DATE P ERTY 0 R'S SIGNATURE PRINT NAME DATE Page 5 of 5 c-i; s• z . r . CD — m o- 0 < 0 * N .. N0-CEANA BLVD Z (tin) 0 " n 0 co —. 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( [ ap,';',T,A ,,b c '. a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease of 186+/- Acres of City-owned Farm Land Located on Indian River Road and North Landing Road for up to Five (5) Years with Land of Promise Farms Partnership MEETING DATE: July 5, 2016 • Background: The City of Virginia Beach acquired the farm land located on Indian River Road and North Landing Road, GPIN: 1483-95-6756 (the "Premises") on November 19, 2014 as part of the Oceana and Interfacility Traffic Area Acquisition Program, which was designed to acquire property situated in the flight path between Naval Air Station Oceana and Naval Auxiliary Landing Field Fentress. Prior to the City's acquisition, the Premises was being farmed by Land of Promise Farms Partnership ("Land of Promise"). The City entered into a Possession Agreement with Land of Promise to allow the continued farming of the land, followed by a 10-month lease pursuant to ORD-3430C, with the intent to issue a Request for Proposals ("RFP") at the end of the lease term. The City issued an RFP for the Premises and received three (3) responses. Responses were evaluated by a committee consisting of staff from the Agriculture, Parks & Recreation, City Attorney and Public Works Departments (the "Committee"). Each submittal was evaluated based on the following components: Agriculture Plan, Crop Land and Property Maintenance/ Improvement Plans, Farm Security, and Proposed Terms and Rent Offered (the "Criteria"). The rent offered by one of the respondents was $1.75 per acre greater than the Land of Promise offer. Despite this monetary difference ($325.50 per year), the Committee recommends awarding the lease to Land of Promise, based on its overall responses to the Criteria and satisfactory stewardship of the Premises in the past. • Considerations: The term of the Lease would be up to five (5) years. The City has the right to terminate the Lease with ninety (90) days' notice. For more specific terms, see attached Summary of Terms. The City acquired the Premises for $3,728,132.00, funded through a partnership with the Commonwealth of Virginia. As of the date of commencement of this Lease, $8,500.00 of the Commonwealth's $1,864,066.00 contribution will have been refunded to the Commonwealth. This Lease will yield an additional $21,250.00 per year, 50% ($10,625.00) of which will be remitted to the Commonwealth annually. Should the City sell the Premises in the future, the amount to be refunded to the Commonwealth will be reduced by the interim payments made. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve the Lease as presented, change conditions of the Lease or deny leasing of the Premises. • Recommendation: Approval • Revenue restrictions: The City funded the acquisition of the City Property through the partnership with the Commonwealth of Virginia. The proceeds from each annual rent payment in the amount of $21,250.00 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Location Map, Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Approval Submitting Dep• = i A • -ncy: Public Works/Facilities Management PAD City Manager: Mk,_ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF 186+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 ON INDIAN RIVER ROAD AND NORTH LANDING 5 ROAD FOR UP TO FIVE (5) YEARS WITH LAND OF 6 PROMISE FARMS PARTNERSHIP 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road, formerly known as the 10 Brenneman Farm, in Virginia Beach, Virginia (the "Premises"); 11 12 WHEREAS, the City acquired the Premises pursuant to the ITA Acquisition 13 Program, an element of the City BRAC response program; 14 15 WHEREAS, the City funded the acquisition of the Premises through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, Land of Promise Farms Partnership ("Land of Promise Farms") 20 would like to enter into a lease with the City for the Premises; 21 22 WHEREAS, the Premises will be utilized for agricultural purposes, such as 23 farming, and for no other purpose; 24 25 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 26 $21,250.00 annually for up to five (5) years for the use of the Premises; and 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for up to five (5) 32 years between Land of Promise Farms Partnership and the City for the Premises, in 33 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 34 hereof, and such other terms, conditions or modifications as may be acceptable to the 35 City Manager and in a form deemed satisfactory by the City Attorney. 36 37 Further, that revenue from the lease of the Premises in the amount of $21,250.00 38 shall be received and fifty percent (50%) of this amount shall be deposited for 39 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 40 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be 41 deposited for future payment by the City Manager to refund the Commonwealth's 42 portion in accordance with the grant agreement. 43 44 This ordinance shall be effective from the date of its adoption. 45 46 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF 186+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 ON INDIAN RIVER ROAD AND NORTH LANDING 5 ROAD FOR UP TO FIVE (5) YEARS WITH LAND OF 6 PROMISE FARMS PARTNERSHIP 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road, formerly known as the 10 Brenneman Farm, in Virginia Beach, Virginia (the "Premises"); 11 12 WHEREAS, the City acquired the Premises pursuant to the ITA Acquisition 13 Program, an element of the City BRAC response program; 14 15 WHEREAS, the City funded the acquisition of the Premises through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, Land of Promise Farms Partnership ("Land of Promise Farms") 20 would like to enter into a lease with the City for the Premises; 21 22 WHEREAS, the Premises will be utilized for agricultural purposes, such as 23 farming, and for no other purpose; 24 25 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 26 $21,250.00 annually for up to five (5) years for the use of the Premises; and 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for up to five (5) 32 years between Land of Promise Farms Partnership and the City for the Premises, in 33 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 34 hereof, and such other terms, conditions or modifications as may be acceptable to the 35 City Manager and in a form deemed satisfactory by the City Attorney. 36 37 Further, that revenue from the lease of the Premises in the amount of$21,250.00 38 shall be received and fifty percent (50%) of this amount shall be deposited for 39 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 40 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be 41 deposited for future payment by the City Manager to refund the Commonwealth's 42 portion in accordance with the grant agreement. 43 44 This ordinance shall be effective from the date of its adoption. 45 46 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 49 , 2016. APPROVED AS TO CONTENT APPROVED AS TO CONTENT - AT Air y Budg �an Management Sery ces Public Wor /FacilitieIManagement 9 9 APPROVED AS TO LEGAL SUFFICIENCY AND FORM /I&bwL7c City Attorney CA13482 R-1 June 24, 2016 EXHIBIT A SUMMARY OF TERMS LEASE FOR 186+/- ACRES OF CITY-OWNED FARM LAND LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD LESSOR: City of Virginia Beach LESSEE: Land of Promise Farms Partnership PREMISES: 186+/- acres of farm land located on Indian River Road and North Landing Road TERM: January 1, 2017 — December 31, 2021 RENT: Rent of$21,250.00 annually TAXES: Lessee shall receive a rent offset credit from Lessor in an amount equal to the annual real estate tax assessed by City and paid by Lessee upon the Lessee's leasehold interest in the Property, pursuant to Section 58.1-3203 of the Code of Virginia. For 2017, that amount is $547.48 based on the current tax assessment. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration and waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain workers compensation insurance, commercial general liability insurance and automobile liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises without written prior notice after it has been determined that an emergency exists. TERMINATION: • City may terminate by giving ninety (90) days' advance written notice, with payment for any growing crops unable to be harvested as a result of the termination. . _ .it . I, , II.' ilf , , 0 , - 1 , i ! • •1 il' .., i ' 4r" ' 1 / I 1 i /t , . 1 4 . • e / 1 / - . ... :f _.f c_ ?5, i, ; : 1 , 1 , „ , h t I „ .., g 4. t 1.4 P ' 0 ' ° ' -4 , t _i 1 ,. i ) ,. 0 € i -# - I e ), . , . :1 , '', i r r ' i 4 1. 1.1 i . i p ... ,.. , 4 II i 4 6,, ! Y' ' , . ..:, ' lir 1 . i i It i' • .4 ' ... ' CO t 1 ,,..,I. I , f 6 LLI g , •Al i( 4 5 1 / ) , r 1 P 1 ., O e ' 41,44.k.IA 1 i i 'l 4 ) CD / 03 0 i Z < / —J L------- ce i < u_ O r-------- w z < 9 E >_ z I- O Ei i= u_ < 0 O u j O (r) —J < LIJ // I 0_ -± co , ce — z 1— ce , < o. ii 1 r — co rea_ ----------------___ _ I --------.1 / u_ 0 E 10,, LU z z = a 1- E cc o z , - z ' g 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 El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. V Check here if the APPUCANT IS a corporation, partnership, firm, business, or iI FOR CITY USE ONLY/Ari dtseic, urr: mu`,t b updated twr,(2)weeks prior to drr5( Page 1 of 4 Plar•nir9 Commission dr•d City COu n(,I mt:etrnq that pertain 14 the 2 pircat+onls). APPLICANT NOTIFIED OF HEARING DATE. NO CHANCES AS OF REVISIONS SUBMITTED ()A1E NE virgiiria 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) ZS n cl Of 5.12inile ftrrai 1ariner4h i r - Do ocal 14. Ilordet., 341,ved . £ -5 .4 •r _ i.A.:,.. . an OM (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 Applicata, El Check here if the PROPERTY QWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 13#1 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) e 1-/ii 1,c. }691.-7.A- Yeac• --_, (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. NB,,. 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 5 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. Codes 2,2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject If the application or any business ooeratinq or to in 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) O Accounting and/or preparer of your tax return U d Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than O [ the Applicant)- identify purchaser and purchaser's service providers • 2( Any other pending or proposed © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) C3 [ Construction Contractors c EK Engineers / Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law, NB Virginia Beach Financing (Include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services Real Estate Brokers / Agents for ❑ current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have © 2( 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: 0 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, VADA meeting, or meeting of any public body or committee in connection with this Application. in 42-1)c0 1/(04‘iL42 , I)044 id- /4/Pri547 .‘"',—io4 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME PATE 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. 1,..'i[ ,-, ysj i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from My III Sons, LLC (101.61+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $680,787, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: July 5, 2016 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon seven (7) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. • Considerations: The subject property consists of three (3) parcels of land having approximately 101.61 acres outside of marshland or swampland. It is owned by My III Sons, L.L.C., a Virginia limited liability company. Under current development regulations, there is a total development potential of eleven (11) single-family dwelling building sites, and none have been reserved for future development. The parcels, which are shown on the attached Location Map, are located at 4280, 4420 and 4430 Blackwater Road (GPINs 1481-70-3145, 1480-89-9947 and 1480-79-7265) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $680,787. This price is the equivalent of approximately $6,700 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.69% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.69% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption Submitting Depart. - Agency: Agriculture Department , 1"------------- City Manager: lkIli 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM MY III SONS, LLC (101.61+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF$680,787, AND 6 3)TRANSFER OF FUNDS TO PURCHASE U.S.TREASURY 7 STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $680,787; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.69% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however,that such 38 rate of interest shall not exceed 4.69% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $360,817 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ,-erio.A 3aLktes-\ Agriculture Department Budget and Management Service CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: UNDS: City o� ce �1 C tY Attorne Y's Office CA13611 \\vbgov.com\DFS1 Wppl ications\CityLawProd\cycom32\Wpdocs\DO11\P015\00049813.DOC R-1 Date: June 21, 2016 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2016-140 SUMMARY OF TERMS SELLER: My III Sons, LLC, a Virginia limited liability company PROPERTY LOCATION: 4280, 4420 and 4430 Blackwater Road(GPINs 1481-70-3145, 1480-89-9947 and 1480-79-7265) PURCHASE PRICE: $680,787 EASEMENT AREA: 101.61 acres, more or less DEVELOPMENT POTENTIAL: 11 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.69%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.69%without approval of City Council. TERMS: Interest only,twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one (1)year following execution and delivery of the IPA. N cr cn Cl fL f0 L u O cis co u - + O / Z 0 CL a 2 z 0 aLn U 0 p eil i N , u 1 fp .4 — 00 i C us- .-1 oo co Z E fn w Z E 0 ,t \ t .,—,---------\'''' i s , ,'-.A \ \.\,, , ., , ____ \ � \ c, ..._., ��1 _ \ - \\ �4 t'. ' 1 0w F t 4.. 's.Y :.- sjnR.. .. a :: r APPLICANT'S NAM EJ_ _ . Y=: 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 Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). D' APPLICANT NOTIFIED OF HEARING DATE: Wj ci NO CHANGES AS OF DATE: 0, REVISIONS SUBMITTED DATE: P 4 E• .. r 1 ti �y d Check here if the APPLICANT IS NOT a corporation, pa n , 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:_/n __. ^ _„ eN_f . G If an LLC, list alls ember' naes: , g __ ter- � 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 ' 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: . If an LLC, list the member's names: ,.. ,T_ . Page 2 of 5 4dg �4.-, '4,:%'---,, s 4,, .,• --yii S '�ik- + e-, w -,'.4'''',...s," ,�stir x �' •� 11. - -s]V ! zc yti ti :-..‘1,44,...,,,,."-,,,,,,r....•,•4 �' t k �S "F• ..s-u drT, .,,, �`�-'s �:-z--, w.,'` a-s7+ '.-"s4t'"g-Vt-rs.,€ ts't'. —,,. o,i,. t - ..� ',$ sa ,,^'z ��:`ke,e, r--,-,��.``' :a n',,-,•:'4'r,-.S.''' '.-,,,,a.,-, wt'�.�.t,r,,, -to. s-1'. , ,Y. .Lt,.- �..,-1., 's ra sW4.`'` }4 „,,,--.•',„,„•,,I.•_,:,.-`� + -N +`�� '� x Yt ;,.c�� ”t �,�,S�"� .{' ifB'l�:� .'- Y�,a �� r � '�.1.'F�'r` �`;. � 4 �, � fid^ --- s, � z� �,,, s.+ .st.i) 7� z r 1 . n .b 1 3a d z ,'•-':7 7,.4v z'' s� w- 3. 10 —.•-•.a-- r d ' If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 , � '... ' cp,. a,.�';^.t3�k -ti'� •" .�As aa°*�:,�u,s 4 j t�'' [ 'w F .:_7H•w'T ie"�i_\_vaF5.1P+�4.Te,,�'�.�"'g �S�r, ,..ih... a 6. 1 MI rY ..- •:-..r7474' ar S S,. -s x+ w,, , t S> : ,,:k .0rs . lt tx3Y3. i ~ � Lo{,� .s s v +3cb +7' f ae�x,,,✓.k. . u. X .1 x, Aix 1 r-' "et ='''',. } � ''',.. ..4'.^4 .67N � T 44 Y I.`:', 1-!4.,, . ` f } , FC + }F . % • g mst '4*hi 7:A.:. 4r s �s -S - ' ,�W'bK ," � n 1�, : s+trrso �<,p',,e � i:,,,.,44,-„,,ti._,. k�X :tu ; `.c ^ksm,iap t � i, .r�a f, �R �a '; y}..-,.a � zi -..r �s s 4Sf Y � ia .,rq . c dom tr3 • —0.0k2.7':•:'49 "-P"4+a .-',,,:t-T.,-,..,x--72,..--.,`:v,��. `T 1 4 0 5 l Y Fi f iwj}O4�+, 4r & 3XW� '-. rS ' kl'T3. g iSJ� � 4X4""C" ' .r' F .ty \ -..,,,p;,1-i:' .R s „k� ?%�� } t •K �; f; `, ii . ,4$,,F4----,..,.))--,.1-1.---.3.51: i,..-kY'i rot44 ilrFFI '''':"2.4' . qtC -- v k is ' �'tsg1'-" - 1 .3 "�'c1 * .,."' ., . k YES NO SERVICE PROVIDER(use,additibjsheets'if' neede+d)." Accounting and/or preparer of Q-' •.>:< your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Q the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ci rsi Construction Contractors 0 j Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders Rselected or being considered to provide financing for acquisition or construction of the property) 1:41 ID': Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 • • ' a. �9? Nr' y, r ''.r.'..., g��`xa_• r s',ja'.,•, as ^7'.'- �.''`Sar�'H+' .''3`s e59'x,;a' i'�a` �+�..:b,�e _��a?� :AAY> ^�n ,r�4`"': t5itfr'�+ ', .:'10 .. Vd i%V•t'n'c3+ " r}:`.,Ai` t 4^t'Z;��a`,'., ,�# ...z 'Wu' i�'�y3r .3+,�°.y �'�4`.f>h^,.•Z�,i k'is's,�`j,,--- .;..}^4 3irIwo ice:: 'sk i..'b xe'- ',q r7, h 7i x f?. srrtxt' a ,`"-'�...' i '' r_5: '".,•:. FSI , �}, �,.��„'z!�zL{' > t a,i Y 7:, �' , 4 x s,a,,sWa'�''sx.: ' `"- 4'i' s A--,;: `.R q .n ,` p 3 a. a"'r ,?.:F1`! - e 5 r + Y"�� ,4,-,,f-- 7 ri x4 A rnr'' :a -s s -�3' { 'yef.S * a14r"{, °A 't $ ' ' "''j + E ` t . .1^ s'� xs a . .. fi.K: w itmk u f . ? f t.�,' # , yy ?S+ f'.w;, ;trs¢�, raivw- {tea _ ms ' rX 3 rS xi ^!' cs k'i3 ifs r r. '8,..3 ' b 1,0.,%,,,,k,'4&-. ` .,41 V. 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 forupdating 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. AO APPL NI SIGNATOR, PRINT NAME DATE II►,, A 1319"4 A /1� 7 �i k 11-2,2 Z -l6 PROP'' •WN ER'S SIGN URE PRINT NAME DATE "Irjr..5'0‘0)C 1-'4 C' ' filkArVii-s'y pitg-i-ivert--- Page 5 of 5 :oct_,Ii oe1OjR NnI a RESOLUTION WHEREAS: Sister Cities International was founded as a "People-To-People"program and a Presidential initiative of President Dwight D. Eisenhower at the White House Conference on Citizen Diplomacy September 11, 1956. This initiative was to create more community-led global relationships so that people of different cultures could appreciate their differences and build partnerships that would lessen the chance of new international conflicts; WHEREAS: To facilitate and maintain world peace, cities, their elected and appointed officials--and their citizens--collaborate internationally through organizations,such as Sister Cities International. In 2014, the SCI network, composed of 570 member cities and more than 2,300 partnerships across 150 countries bn six continents, hosted over two thousand events and engaged over thirty thousand Volunteers throughout the United States. The total impact of SCI's programs in 2014, alone, included participation of more than one million persons. Countless city,county and state governments,and their leaders,have been involved in global relationships. In 2016,SCI is celebrating sixty[60]years of global citizen and civic diplomatic action helping support a future where the world's cities, communities and citizens come together on common ground. These relationships include cultural, economic, educational, humanitarian, student and municipal exchanges that are mutually beneficial. Many "young artists" have become professionals as a result of the annual SCI competition and display; WHEREAS: On June 9t'', legislation was introduced in the United States Congress to recognize Sister Cities International's founding sixty years ago to help foster world peace by cultivating connections between citizens of the United States and people in foreign countries. This legislation will designate July 15,2016 as "SISTER CITIES INTERNATIONAL DAY";and, WHEREAS: Virginia Beach has four Sister Cities: Moss,Norway;Miyazaki City,Japan,Ards and North Down,Northern Ireland;and, Olongapo,Philippines;plus two Friendship Cities: San Juan del Sur,Nicaragua,and Waiblingen, Germany[the home of STIHL]. NOW, THEREFORE BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations this Fifth day of July, Two Thousand Sixteen,to proclaim: July Fifteenth as SISTER CITIES INTERNATIONAL DAY BE IT FURTHER RESOLVED: That all citizens join in commemorating the significant impact President Eisenhower's initiativehas made in building bridges across nations, cities and communities around the world. Also, that this Resolution be spread upon the Minutes of the Virginia Beach City Council with a copy forwarded to Sister Cities International. nci(manBen Davenport ' i 6'DDyer Counci(LadyBa ara7fen(ey -40 Al : -. f ,,y Skan , ,ne 'ou ' , • I I.Moss - Council y DrArne&a N.4pss- t , n (man John E.Vhrin council-Lady Roser `Wilson C. `lames L.`Wood 9 Vice or'Lo ' Jones Mayor Miriam O. '144rSessoms,jr: J. PLANNING 1. UJFT COMMUNITY CAMPUS, LLC for a Conditional Use Permit re assembly use at 5000 Corporate Woods Drive DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 2. TONYA MITCHELL/JAG HOLDINGS, INC for a Conditional Use Permit re family home Day Care at 4441 Crow Wing Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 3. WALMART #1688 for a Conditional Use Permit re bulk storage yard at 657 Phoenix Drive DISTRICT 6—BEACH RECOMMENDATION APPROVAL 4. REED ENTERPRISES, INC for a Conditional Use Permit re motor vehicle sales at 3249 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. OLD DOMINION TOBACCO COMPANY, INC for a Conditional Change of Zoning from I-1 Industrial District and B-2 Community Business District to Conditional A-18 Apartment District West of 5400 Virginia Beach Boulevard. DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL }t4vw, �✓ k a 1 NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, July 5, 2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 4-BAYSIDE UJFT COMMUNITY CAMPUS,LLC Conditional Use Permit (Assembly Use)5000 Corporate Woods Drive (GPIN 1467826153) DISTRICT 7-PRINCESS ANNE TONYA MITCHELL / JAG HOLDINGS,INC.Conditional Use Permit (Family Day-Care Home) 4441 Crow Wing Drive (GPIN 1474546552) DISTRICT 6-BEACH WALMART #1688 Conditional Use Permit (Bulk Storage Yard) 657 Phoenix Drive GRIN 1496387496) DISTRICT 7-PRINCESS ANNE REED ENTERPRISES, INC. Conditional Use Permit (Motor Vehicle Sales)3249 Dam Neck Road(GRIN 1495146175) DISTRICT 2-KEMPSVILLE OLD DOMINION TOBACCO COMPANY, INC. Conditional Change of Zoning from I-1 Industrial District & B-2 Community Business District to Conditional A-18 Apartment District. West of 5400 Virginia Beach Boulevard (GRINS 1467587545, 1467571872, portion of 1467575967). Comprehensive Plan:Suburban. Proposal for 282 units (density of 17.49 units per acre). All interested parties are Inv'-d to attend. 1 Ruth Hodges F?;:lr;,MC r' s Cerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at Ltt //www_Ago..fes>Pn uc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON:JUNE 19&26,2016 �- I �'ATim -1:-..,-_,...„:7-,- �'t I ,,.r�,o r rii,j. 44 000, # • 4 •,-,- 4.4w'... • ......00. . ... 01',',' ..' 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''l' <t)• J '''..111._74;j� 111.—.,_ --771111111i ; + ` S..,J Ste(. � OrA-1344, so 77 its, ; 0.? i� r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: UJFT COMMUNITY CAMPUS, LLC [Applicant& Property Owner] Conditional Use Permit for Assembly Use. 5000 Corporate Woods Drive (GPIN 1467826153) COUNCIL DISTRICT— BAYSIDE MEETING DATE: July 5, 2016 • Background: The subject 20-acre site is developed with the Simon Family Jewish Community Center. According to City records, the facility was constructed in 2004. At the time of construction, "Athletic Clubs" were a permitted use in the 0-2 Office District. Since that time, the Zoning Ordinance has been amended and the use of the site is classified as an "Assembly Use" and requires a Conditional Use Permit. The applicant requests this Conditional Use Permit to allow the construction of two, 31- foot by 40-foot storage buildings over an existing tennis court. • Considerations: The Simon Family Jewish community Center has been serving the local community at this location for the past twelve years. The center is compatible with the surrounding office and residential uses and has provided recreational and cultural experiences to many of the Hampton Roads residents. Due to the location of the proposed storage sheds at the rear of the site, no adverse impacts are expected to the adjacent properties. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. 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. When installed, the proposed storage buildings shall be in substantial conformance with the size and location shown on the submitted site layout entitled, "UJFT Community Campus- Proposed Storage Buildings." 2. If any of the mature trees located between the proposed storage buildings and tennis courts and the adjacent property to the north are removed, it shall be replaced with a tree of the same or similar species. Approval shall be given by the Development Services Center Landscape Architect prior tot the installation of any replacement tree. UJFT Community Campus, LLC Page 2 of 2 3. All necessary permits from the Planning Department, Permits and Inspections Division, must be obtained prior to installation and occupancy of the storage buildings. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. aW----' Submitting De• - to ency: Planning DepartmentCity Manager: 4'►`�- Applicant & Property Owner UJ FT Community Campus, LLC Agenda Item Public Hearing June 8, City Council Election District20IB 16ayside B Ctl y of Virginia Beach Request Conditional Use Permit (Assembly Use) Cleveland Street 4 C^•° Southern Boulevard g Staff Planner "e a Mandan Road }r 2 S`R`\ Conestoga Road Kevin Kemp 9 '"�, see.\aS 'y n 4 t �SS"se\ \,v a yN 0 e- �' F gyp\\�NI Rsce^t '4 o ' Location µvt• ^, ,,xk\do`` ,6 5000 Corporate Woods Drive a d°^a'gP° Y �6a GPIN s t4'%,o C;trineAven Q o 9 1467826153 m 3 iavertine Avenue c S 4%4 e Site Size c 1" Road > p ho r�o`'` 20 Acres g a �`e °° 3 d A AICUZ ^ L_. __. 4 ° 4, Less than 65 dB DNL °of- o °° Some n 0°6' ''' iPo ti e �0.lve F' eak Existing Land Use and Zoning District Community Center/0-2 Office Surrounding Land Uses and Zoning Districts . : st , . ,4 . - - tI.- 410.4 North �o�` � , ' Interstate 264te-• , e_ `' >i `' -.e i...'-,a f • Industrial/ 1-1 Industrial I- ' s?..? t ** ' a South 1 Qin �r • Offices/0-2 Office '"° .,r . East 6,, ,K. "- R1?`F i�Jaf�:d 1f Mobile-home community/A-12 Apartment " ? `' f a f ii M f West �r D s . �f ,. -, Grayson Road Pe \ 40 3. U $ ` I i P` iff f Single-family dwellings/ R-10 Residential . i c '.4e -41' n dY . ♦ 'lc.. �1 :lO a. Voaa •' • Q. -o c ;e ;C " .� V.°� 9 Vit' UJFT Community Campus, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject 20-acre site is developed with the Simon Family Jewish Community Center(JCC) includes a fitness center, pool, locker rooms,café, child care facility, administrative offices, educational facility, assembly areas, outdoor tennis courts, and playing fields. • According to City records, the facility was constructed in 2004. It was classified as a "Private Club/Athletic Club," which was permitted under the Zoning Ordinance as a matter of right. Since that time, the Ordinance has been amended, and this use is now classified as an "Assembly Use," which requires a Conditional Use Permit in the 0-2 Office District. • As part of this Conditional Use Permit,the applicant wishes to install two, 31-foot by 40-foot storage sheds on top of one of the existing outdoor tennis courts.Three outdoor tennis courts will remain and two of the outdoor tennis courts have recently been converted to parking spaces. • The storage buildings will be prefabricated metal buildings, 12-foot in height, with beige wall panels and brown trim. :.`•t0t ,w 1Q Qg Zoning History r1.1a �'/tI, 84 `'`� ru # Request \ -1 and.R-5D '� 1 MOD(of Conditions)Approve 03/08/2011 e rz>�U ,_.:: , % ��C MOD(of Conditions)Approved 03/09/2004 °= �II rt�� .pd .* 2,:.WCUP(Child care education center)Approved 09/09/2003 co' -y , A-1.� '-0 0,� CUP(Church addition)Approved 11/10/1998 A t o ✓� 1c3O�i.0 2 CUP(Church)Approved 02/14/2006 %A Yw 12 1 3 '� 0,-,„ �g REZ(1-1 to 0-2)Approved 02/14/2006 t_ c ____. `1 3 c IS Ta i�� `mi 3 STC Approved 11/27/2001 tit111,9, sQ ii. ' �$ ",� `,. %' .;.• 4 MOD(of Proffers)Approved 04/09/1996 c?'.._G - )� � +�"�g��1 < `�°..;. 5 CUP(Bulk storage yard)Approved 08/09/1994 St- i .� ;418 •- V. r,c') ,w +'�',,. fir'r'f �` z... ‘A' „• - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The subject site is located within the Pembroke Strategic Growth Area, specifically the Southern Corporate District. The Pembroke Strategic Growth Area 4 Implementation Plan identifies the existing community center to remain.The Southern Corporate District includes iconic corporate offices and commercial properties along 1-264, the existing Corporate Woods and southern portion of Independence Boulevard corridors. In order to promote the high visibility,the plan envisions a showcase of medium-rise office buildings transitioning to smaller scale, reduced-height office/retail buildings and residential dwellings as one moves south towards Bonney Road. UJFT Community Campus, LLC Agenda Item 1 Page 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. The proposed storage units are located over existing impervious tennis courts. Traffic Impacts Street Name Present Volume Present Capacity Generated Trak Grayson Road 5,110 ADT' 6,200 ADT'(LOS 4"C") Existing Land Use 2—757 ADT 9,900 ADT'(LOS 4"D") Proposed Land Use 3-768 ADT 1 Average Daily Trips 2 as defined by 2.3 acres of 3as defined by 2,460 square feet of 4 LOS=Level of Service 0-2 Office zoning warehouse space Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Grayson Road in the vicinity of this application is considered a two-lane undivided collector street. Grayson Road has a 60-foot right-of-way. Grayson Road is not addressed in the MTP.There are no CIP projects scheduled in the vicinity of this site. Public Utility Impacts Water The site currently connects to City water via a three-inch domestic water meter(City ID#61841034) and fire meter(City ID#95037195).There is an existing eight-inch City water main along Corporate Woods Drive, an existing 12-inch City water main along Grayson Road, and an eight-inch City water main along Little Drive. Sewer The site currently connects to City sewer.There is an existing eight-inch City sanitary sewer gravity main along Corporate Woods Drive, an eight-inch City sanitary sewer gravity main along Grayson Road,and an existing eight-inch City sanitary force main along Grayson Road. Evaluation and Recommendation The Simon Family Jewish Community Center has been serving the local community at this location for the past 12 years. The community center is compatible with the surrounding office and residential uses and has provided recreational and cultural experiences to many of the Hampton Roads residents. The applicant proposes to add two storage buildings at the rear of the site.The buildings will be installed over top of two existing tennis courts,which are out of sight from the right-of-way.There is a strand of mature trees between the proposed storage buildings and the adjacent office building that will, in Staff's opinion, provide sufficient screening between the uses.Given the location and size of the storage buildings, Staff does not anticipate any adverse impacts on the adjacent properties.As such, Staff recommends approval of this application as conditioned below. UJFT Community Campus, LLC Agenda Item 1 Page 3 Recommended Conditions 1. When installed,the proposed storage buildings shall be in substantial conformance with the size and location shown on the submitted site layout entitled, "UJFT Community Campus- Proposed Storage Buildings." 2. If any of the mature trees located between the proposed storage buildings and tennis courts and the adjacent property to the north are removed, it shall be replaced with a tree of the same or similar species. Approval shall be given by the Development Services Center Landscape Architect prior to installation of any replacement tree. 3. All necessary permits from the Planning Department, Permits and Inspections Division, must be obtained prior to installation and occupancy of the storage buildings. 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. UJFT Community Campus, LLC Agenda Item 1 Page 4 Proposed Site Layout INTERSTATE (2) Proposed 31'x 40'Storage J ______ _ -----'`� Buildings. (12'in height) �yy ri ✓ ��ff 101 Ii' ,CL \ I -.Jt'/ 1/moi A../, `� EXISTING MATURE Ir. 1 VEGETATIOif N illiffil� ti 7- ,j ''''''',... iiiiIPP. I :____ f ' S `',ti 4 (-1 _ N•ON A• '•OV EIJJtiI1 . g. 4— ENC s' D OUTD a iiR LA E • B1. KEY PLAN 1111, s terve ei " L A 1 THE..F-10414 G.AMms \\ /1 B F Ex15TIN5 ein.viNErs UJFT Community Campus- C. JEJNISH FAMILY SC-RVIGE_ Proposed Storage Buildings UJFT Community Campus, LLC Agenda Item 1 Page 5 Aerial NEW PARKIN orb AREA EXISTING MATURE TREES '..! 4; a a a ',$SED STORAGE BUILD:` �x1 ,Pat UJFT Community Campus, LLC Agenda Item 1 Page 6 Storage Building Product Information r .i(.. Frame Width Choose a width for the frame of your structure(left-to-right). CHMCE (30'wide) Roof Length Choose a length for the roof of your structure(front-to-back) Note that the roof length extends 1' longer than the underlying frame 1'long For roofs over 31'in length we recommend a vertical roof for increased stability Frame Use Vertical Roof Dimensions (30'widex(41'long x(12'hic Frame Height Options Certified?1 12 Gauge Upgra Choose a height for the frame of your structure(ground to base of Roof roof) Note that frame height does not include the height of the roof Style standard (12'high) Color beige Additional Options Trim brown Would you like a"certified"frame?8 Walls G Yes ONo Front/Back Should we upgrade your frame to 12 Gauge galvanized steel?0 Front Design closed Ycc flNn Rark f)Pcinn r.IncPd UJFT Community Campus, LLC Agenda Item 1 Page 7 Site Photos 1110 , . , ,.... 0 . i 1 . k . , _ ...,,, I- I- ' -----;-: ' '-ie: do- F, a€ kv c I F.e! M.- . :ti ®r 1 U1FT Community Campus, LLC Agenda Item 1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME UJFT Community Campus, 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 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. r SECTION 1 / APPLICANT DISCLOSURE Page t of 7 V €� �, C/zt/(G ,, °SW UJFT Community Campus, LLC Agenda Item 1 Page 9 Disclosure Statement Virginia Beach nCheck 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 other unincorporated organization. (A) List the Applicant's name:UJFT Community Campus, LLC If an LLC, list all member's names: United Jewish Federation of Tidewater, Inc 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. 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:UJFT Community Campus, LLC If an LLC, list the member's names: Page 2 of 7 UJFT Community Campus, LLC Agenda Item 1 Page 10 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) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 UJFT Community Campus, LLC Agenda Item 1 Page 11 Disclosure Statement 11/4/1/3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Li I Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑^ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nE Construction Contractors Choice Metal Buildings CC Engineers/Surveyors/Agents Financing (include current — mortgage holders and lenders (^I selected or being considered to provide financing for acquisition or construction of the property) CX Legal Services Real Estate Brokers / XAgents/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 — N an interest in the subject land or any proposed development ISI 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 LIFT Community Campus, LLC Agenda Item 1 Page 12 Disclosure Statement Virginia Beach _- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of a y public body or committee in connection with this Applic ion. Glenn Saucier 03/31/2016 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 UJFT Community Campus, LLC Agenda Item 1 Page 13 Disclosure Statement AB- OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) f Z. Accounting and/or preparer of L your tax return CArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than LJX the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors Choice Metal Buildings • CEngineers/Surveyors/Agents Financing(include current Outright Ownership n C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n C Legal Services Real Estate Brokers / C 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development 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 UJFT Community Campus, LLC Agenda Item 1 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of a public body or committee in connection with this Application. Glenn Saucier 03/31/2016 OPERTY OWNER'S SIGN PRINT NAME DATE Page 7 of 7 UJFT Community Campus, LLC Agenda Item 1 Page 15 Item#1 UJFT Community Campus, L.L.C. Conditional Use Permit 5000 Corporate Woods Drive District 4 Bayside June 8, 2016 CONSENT An application of UJFT Community Campus, L.L.C.for a Conditional Use Permit (Assembly Use)on property located at 500) Corporate Woods Drive, District 4, Bayside. GPIN: 1467-82-6153-0000. CONDITIONS 1. When installed,the proposed storage buildings shall be in substantial conformance with the size and location shown on the submitted site layout entitled, "UJFT Community Campus-Proposed Storage Buildings." 2. If any of the mature trees located between the proposed storage buildings and tennis courts and the adjacent property to the north are removed, it shall be replaced with a tree of the same or similar species.Approval shall be given by the Development Services Center Landscape Architect prior to installation of any replacement tree. 3. All necessary permits from the Planning Department, Permits and Inspections Division, must be obtained prior to installation and occupancy of the storage buildings. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 for consent. Glenn Sauer appeared before the Commission on behalf of the applicant. ir -N„ <u I.fll ts. :.• ,4:� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TONYA MITCHELL [Applicant] TAG INDUSTRIES, INC. [Property Owner] Conditional Use Permit for a Family Day-Care Home. 4441 Crow Wing Drive (GPIN 1474546552) COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: July 5, 2016 • Background: A Conditional Use Permit is requested for a Family Day-Care Home on an approximately 11,000 square foot parcel that the applicant currently rents. The property owner, Tag Industries, Inc., has acknowledged the applicant's request for the Conditional Use Permit on the property and has provided the required information on the Disclosure Statement. • Considerations: The request for a Family Day-Care home is for up to 12 children. The subject site has a large back yard with ample area for the children to play outdoors. The typical hours of operation are proposed as 6:00 a.m. to 6:00 p.m., Monday through Friday. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. 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. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. Tonya Mitchell Page 2 of 2 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depart • gency: Planning Departme City Manager C Applicant Tonya Mitchell Agenda Item Property Owner Tag Industries, Inc. III Public Hearing lune 8, 20162 r��r City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Family Day-Care `` Home) Staff Planner a� it, ofd `rt0.a.^1"1 % Carolyn A.K. Smith Location M 4441 Crow Wing Drive '` Q. f Ra.`a S 4' ♦<' 'app y ^ h C eF G P I N �°` 4°` 1474.54.6552 6 Site Size 10,8057square feet AICUZ 65-70 d8 DNL Less than 65 dB DNL f , 1 *v Existing Land Use and Zoning District -* F s ` ‘,Single family dwelling/ R-15 Residential * a,� 7 � n,p� h,= yyRt Surrounding Land Uses and Zoning Districts * `o,<<. ' 4 '. tc 0 t N North 'F T Single-family dwellings/ R-15 Residential v 4" • ' ,s� , x South f. , Single-family dwellings/ R-15 Residential �y •' East T ; � 4J �4i��Sngle Single-family dwellings / R 15 Residential %a, West •',,lit„, �., 6° , 'Y �aA Crow Wing Drive < $ \;� tit- . Single-family dwellings/ R-15 Residential °•>� \`��4.k?' a,-11`"1 �,L Tonya Mitchell Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit to care for up to 12 children within the single-family dwelling that she currently rents. • The approximately 11,000 square foot parcel is zoned R-15 (Open Space Promotion) and is located on a cul-de- sac in the Hillcrest Farms subdivision. • The property has a large back yard for the children to play outdoors. • The existing driveway provides ample parking space for the drop-off and pick-up of children. • The proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • Consistent with the provisions of Section 501(b)(5) of the Zoning Ordinance,the applicant intends to employ one assistant. • The application indicates that she is currently licensed by the Commonwealth of Virginia for in-home childcare. s 'w' "r '' IR , R-16 j �� \ I` i1 1Zoning History "4,;w e # Request 1 REZ(R-15 to R-15 Open Space Promotion)Approved 12/12/1988 64' ,,,ti,$ Qac Sp ti 01I Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility.To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood Tonya Mitchell Agenda Item 2 Page 2 commercial use, compatible infill development and conditions on places of special care and home occupations. 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. Natural and Cultural Resources Impacts This site is located in the Southern Rivers watershed,specifically within the North Landing Watershed and portions of the neighborhood border the Salem Canal. There do not appear to be any significant natural or environmental features on the property. Traffic Impacts Street Name Present Volume Present Capacity GatarratedTraffic Crow WingDrive No Data Available Existing Land Use 2-10 ADT Proposed Land Use 3—48 ADT Indian River Road 7,863 ADT 1 15,000 ADT 1(LOS 4"D") 3-Average Daily Trips 2as defined by one single- 3as defined by one single-family 4 LOS=Level of Service family dwelling dwelling with up to 12 children in daycare Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Crow Wing Drive in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for this area. Indian River Road in the vicinity of this application is a two-lane, minor suburban arterial road with approximately 95 feet of right-of-way.The MTP calls for a four- lane, minor suburban arterial with an ultimate right-of-way of 125 feet. This home is near the extents of CIP 2.256.000, Indian River Road-Phase VII. Public Utility Impacts Water This site currently connects to City water.The existing 5/8-inch meter(City ID#95129383) may be used or upgraded to accommodate the proposed development. Sewer The site currently connects to City sanitary sewer. Evaluation and Recommendation This request for a Conditional Use Permit for a Family Day-Care Home is generally consistent with the Comprehensive Plan's land use goals for residential areas, and preserving neighborhood stability in the Suburban Area. It is Staffs opinion that the proposed use is appropriate for the subject site, and is compatible with the surrounding residential land uses. As such,Staff recommends approval of this request with the following conditions. Tonya Mitchell Agenda Item 2 Page 3 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person,other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 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. Tonya Mitchell Agenda Item 2 Page 4 Existing Site Layout / ti ,j3 \\_______________ \ r-------\ __ , 1 0 0 rii___ , , yc, _._____ _\ 4 (--------- --- ' Qr- / / N rf" � , a Tonya Mitchell Agenda Item 2 Page 5 Site Photos • 3 \ • • 4,000. • x , ""lam 1"1 r i 1 1 l Tonya Mitchell Agenda Item 2 Page 6 i 1 Virginia Bi:'Ai\1, APPLICANTS NAME 10'0°P- -Mt*Q\- e.\L DISCLOSURES ATE E T 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 I Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDiP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness i -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area j Lease of City Property 1 Subdivision Variance Board JConditional 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 MR CIT' USE ONI T / Ii(I—, marl ni ct to ut U+ated t t ) tir-Ff ;;t•o ,, Page 1 of 7 'e [ q C_Uii,niuS 10❑?III',(Ms COLil.,l trio tiny that rtrlain, to the x f pm" Icn(S! ' APPLICANT NOTIFIED)OF EILARINC 04.,E: NO(HANCFSASOF te.2'f•lF%%,ir L/5S/I! �t 0 R,\iS:ONS SUBMITuE D 'C I " Tonya Mitchell Agenda Item 2 Page 7 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. (A) List the Applicant's name: (' t 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 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) n1* 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 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: t_bduk,S t_Lh) If an LLC, list the member's names: Page 2 of 7 Tonya Mitchell Agenda Item 2 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) EL7frt.Aa© r�A t-tGe rJ (B) List the businesses that have a parent-subsidiary 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 I oral 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 a. 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 Tonya Mitchell Agenda Item 2 Page 9 Disclosure Statement NB' APPLICANT Virginia Beach YES NO ! SERVICE PROVIDER(use additional sheets if , — — needed) ❑ f Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner ❑ f Contract Purchaser(if other than © the Applicant)- identify purchaser and purchaser's service providers i Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s)and j 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) 1 ❑ Legal Services Real Estate Brokers/ ❑ © Agents/Realtors for current and anticipated future sales of the subject property 4 t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have ❑ i an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Tonya Mitchell Agenda Item 2 Page 10 Disclosure Statement ----3, 6 Virginia Beach YES I NO , ! SERVICE PROVIDER meededse dditional sheets it ) E Q Accounting and/or preparer of /A, your tax return El El Architect/Landscape Architect/ -1 NI 1F Land Planner Contract Purchaser(if other than �j (1 E the Applicant)- identify purchaser and purchaser's service providers j Any other pending or proposed ❑ ❑ purchaser of the subject property { 1 ki/A- (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors N14' ❑ ❑ Engineers/Surveyors/Agents I 14/1- ---- AAL. /1- ---- - _-AAL.C�✓heir Financing(include current L c,c, r,.( S„,Mr1K-brit s ❑ Q ' mortgage holders and lendersuN selected or being considered to i CiP I `v & ,p2N 7 OF provide financing for acquisition Waao'fere ti 1 or construction of the property) "tnp S,fgKq__ ❑ ❑ Legal Services / Real Estate Brokers/ n rL�Jf Agents/Realtors for current and x I anticipated future sales of the subject property _—^ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have �/ an interest in the subject land or any proposed development ❑ u i contingent on the subject public action? j If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Tonya Mitchell Agenda Item 2 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is !complete,true, and accurate. �l 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 IGNATURE PRINT NAM DATE �. �. __. Page 5 of 7 Tonya Mitchell Agenda Item 2 Page 12 Disclosure Statement Virginia Beach r r w.. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. r: 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 Applicatio - i e°S k /De j7 .2r Ne..n, ,5 In,, y c ,t; PERTY OWNERS SIGNATURE PRINT NAME 0 TE _ ._ _. Page 7 of 7 Tonya Mitchell Agenda Item 2 Page 13 Item#2 Tonya Mitchell Conditional Use Permit 4441 Crow Wing Drive District 7 Princess Anne June 8, 2016 CONSENT An application of Tonya Mitchell for a Conditional Use Permit(Family Day-Care Home) on property located at 4441 Crow Wing Drive, District 7, Princess Anne. GPIN: 1474-54-6552-0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person,other than the applicant,shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 2. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#2 Tonya Mitchell Page 2 WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 2 for consent. [ , 41"" ---, :1 i ri .......1....... ....... Lyrinh aven Parkway ------ _ _, _ - . . •,, D ,N,i[ii r---- cl- , 41 111-71 ) 0 * ' •---- ix Drive ...._ lid E-1 .,.., 1 T1 ..._01iIL .jr— L' LS P. t i le Cli I 1 ID all -11 - I . 14 11. i : T ., ril. II li • MEM ... roe izi It N 15 1 . . ---------- , ____,, , ti 1, , 1 , • , 1 ki Siss, LI., r 11 1 aisyv \ ., 1 co r-' ------ 5 r 1 I . 1 ri-----7 , --- 0— II / --,\ M ,Lr---- ---______/, i "C) _...\...± ,.... , A I ri *z---::::--wd°..P##:NNItrC° 1. \ 1 n 1 t....) sr— \ y�. } i```wV rr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WALMART #1688 [Applicant & Property Owner] Conditional Use Permit for a Bulk Storage Yard. 657 Phoenix Drive. (GPIN 1496387496) COUNCIL DISTRICT— BEACH MEETING DATE: July 5, 2016 • Background: The applicant requests a Conditional Use Permit for a bulk storage yard to allow a portion of the parking area to be used for the seasonal storage and display of lawn and garden products. The storage area will occupy approximately 20 parking spaces in the southern-most row of parking, adjacent to the garden center portion of the store. The storage area will be completely surrounded with a split-rail fence and is screened from view by a row of existing mature vegetation along Sabre Street. • Considerations: This request for a bulk storage yard for the seasonal outdoor storage of lawn and garden products is similar to several other Conditional Use Permits that have been approved by City Council for other Walmart stores. Due to the size and location of the storage area, it is not expected to have a negative impact any of the adjacent properties. When the seasonal display area is not being used to accommodate seasonal demand, all fencing, merchandise and materials will be removed from the parking area. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. 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. The location and size of the bulk storage area shall be as shown on the submitted exhibit entitled, "WALMART #1688 OUTDOOR SEASONAL DISPLAY AREA." 2. All materials for sale or materials related to the outdoor lawn and garden care operation being stored shall be contained within the specified area depicted on the plan specified in Condition number one. There shall be no Walmart#1688 Page 2 of 2 materials or merchandise in the adjacent parking spaces, parking drive aisles, or parking islands. 3. There shall be no signage installed within the area, on the fence, or immediately adjacent to the area, other than professionally prepared traffic control signs. Hand-lettered signs shall not be used. 4. When the storage area is not being used to accommodate seasonal demand, all fencing, merchandise, and other materials shall be removed from the parking area. 5. The seasonal storage area shall only be used to store pallets of mulch, top soil, paver stones, shrubs, trees and other such lawn and garden care merchandise. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting D: •a • e t/Ag- cy: Planning Departmen 1 City Manager: placeo\ Applicant & Property Owner Walmart #1688 Agenda Item Public Hearing June 8, 2016 City Council Election District Beach 5 coof Virginia Beach Request dB DNS ` APzt Conditional Use Permit (Bulk Storage Yard) a, / i'''CI, o q'/l POS`�'P Staff Planner Kevin Kemp rrgb� t Co 5ilma Dri+e f T� Florence Street m w o < Location lark Street a �� - 5 c 2 c 70-75 dB DNL r' QcI. Guardian lane m 657 Phoenix Driveo . a, >75 dB DNL f GPIN APZ2 1496387496 _ Je Site Size m " yo� O Sabre rce f 15 acres 0- North Mall[WSW AICUZ r. ' A Greater than 75 dB DNL; APZ 2 Existing Land Use and Zoning District Walmart/ B-2 Community Business Surrounding Land Uses and Zoning Districts North it ` �.. , ° t .. - Office building/ 1-1 Light Industrial 111•110 Guardi?u, Lane South til Office building/ 1-1 Light Industrial • / , _ ......,- East 41081141 �East144" " NO T Phoenix Drive Mixed commercial/ B-2 Community Business tl a: • West ÷ ;r > Office building/ 1-1 Light Industrial �N;' a a Sabre Street x C,- . illy'111./ 1 La . ; a Walmart#1688 Agenda Item 5 Page 1 Background and Summary of Proposal • In 1990, the subject site was conditionally rezoned from I-1 Light Industrial to Conditional B-2 Community Business District, and subsequently developed with a 123,000 square-foot Walmart retail store. • In 2009,the approved Proffers were modified to allow for a 40,000 square foot expansion of the retail portion of Walmart, and the addition of an outdoor garden center. • The applicant requests a Conditional Use Permit for Bulk Storage to allow a portion of the parking area to be used for the seasonal storage and display of lawn and garden products.This storage area will be installed and used seasonally each year, and will be removed when not in use. • The storage area is proposed in the two southern-most rows of parking, close to the garden center portion of the store.The storage area will encompass 20 parking spaces, but will not reduce the number of spaces below the minimum number required as per the Zoning Ordinance. • The storage area will completely surrounded by split-rail fencing. Additionally, the storage area will be screened from view of the right-of-way with a row of existing mature vegetation along the southern property line, as proffered in 1990. • The storage area will be open during the typical hours of operation of the garden center, 7:00 a.m. to 10:00 p.m. There will be at least one employee in the storage area at all times to assist customers. A-18 \ Guardian Lane I-1 2 Zoning History # Request >75 dB DNL 1 MOD(Proffers)Approved 02/24/2009 CRZ(1-1 to Conditional B-2)Approved 05/14/1990 et 2 CRZ(I-1 to Conditional B-2)Approved 08/24/2004 3 vs 3 CUP(Hotel)Approved 10/12/1987 0 tD K =—moi i Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Walmart#1688 Agenda Item 5 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this site to be within Special Economic Growth Area 2-West Oceana (SEGA 2). SEGA 2 is generally bound by London Bridge Road, Lynnhaven Creek,South Lynnhaven Road, and Potters Road. Much of the area is subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone.The majority of this area has been subdivided and is zoned for commercial and industrial uses. This area is viewed as a special area with significant growth potential.The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.The site is almost entirely impervious cover.There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Nam Present til .,; PresentOpal* . 13,100 ADT1(LOS4"C") Sabre Street No date available 20,700 ADT 1(LOS 4"D") Existing Land Use 2—28,040 ADT 6,200 ADT'(LOS 4"C") Proposed Land Use 3—28,116 ADT Phoenix Drive No data available 9,900 ADT 1(LOS 4"D") 'Average Daily Trips 2as defined by a shopping Sas defined by a shopping center with 4 LOS=Level of Service center with 653,095 square 653,095 square feet of leasable area feet of leasable area and a nursery with two employees Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sabre Drive is a four-lane collector roadway along the south side of the site. Phoenix Drive is a two-lane collector roadway along the front of the site.There are no CIP projects planned for either roadway. Public Utility Impacts Water The site currently connects to City water via a two-inch meter(City ID#95019854).There is an existing 12-inch City water main along Phoenix Drive and Sabre Street. Sewer The site currently connects to City sanitary sewer.There is an existing eight-inch City sanitary sewer gravity main along Phoenix Drive and a ten-inch City sanitary sewer gravity main along Sabre Street. Walmart#1688 Agenda Item 5 Page 3 Evaluation and Recommendation This request is for a Conditional Use Permit for a Bulk Storage Yard for the seasonal outdoor storage of lawn and garden care merchandise is recommended for approval.This application is similar to several other Conditional Use Permits that have been approved by City Council for bulk storage for seasonal outdoor use. Despite the storage area occupying 20 parking spaces,the remaining parking meets the requirements of the Zoning Ordinance and is sufficient for the volume of customers visiting the site, even during peak hours.The storage area is clearly identified using a split rail fence, and is adequately screened from view of the right-of-way with the existing mature vegetation. For the reasons stated above, Staff recommends approval of this application as conditioned below. Recommended Conditions 1. The location and size of the bulk storage area shall be as shown on the submitted exhibit entitled, "WALMART #1688 OUTDOOR SEASONAL DISPLAY AREA." 2. All materials for sale or materials related to the outdoor lawn and garden care operation being stored shall be contained within the specified area depicted on the plan specified in Condition number one.There shall be no materials or merchandise in the adjacent parking spaces, parking drive aisles, or parking lot islands. 3. There shall be no signage installed within the area, on the fence,or immediately adjacent to the area,other than professionally prepared traffic control signs. Hand-lettered signs shall not be used. 4. When the storage area is not being used to accommodate seasonal demand, all fencing, merchandise,and other materials shall be removed from the parking area. 5. The seasonal storage area shall only be used to store pallets of mulch,top soil, paver stones, shrubs,trees and other such lawn and garden care merchandise. 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. Walmart#1688 Agenda Item 5 Page 4 Site Layout illii a ■ 1111ltril I t 11111 _fj- ;q 1 I . 1 7 •� ..• ...• I l _ _ - 1 2 1 __ 4.I II 1 ! ; .�..._ .:. .;;.." , II 11 ! .i 41. "�"!1< _ _ f ' _ ..r �� III illinly L '"'" allottlatortt—ot J.1 Itilli" "4"... , • rR .w a•.• I' INf i s. 1 44) i I ., It!. ti E a' z t gs -11 I I 1+ v• g r I 111 I .aw«asa y I a rii I II a Ms, ! X11 P w`14 `1 � - . _ I r� • . .. , illi t! t % ,,+t• v f ,rte rT 3 � I +f; y s' f' �'' i R 1 y� t t•t ` 1 s 1_92 li ;f_ I r �. 141 • :, -` �. /'r /. /, 1 !! e 11.11),\11 .. . -.e 1 ia 1t ll 1 f J l • Y1 .»y 1i1 1 • OOP. 1, / )`t I I' {III I\ t • ti raves:w,a: !'€111 ��' ` `^` .� S`.. / r 'I . ! m....— k•-•14i ' I x _ !1i I ti . I ��"' J VI - r I - .a• .. - - - - 1 4 6¢s ar• :4 k! I a... rJ ►r �i �- ►_. i. tilt d r L n i1) I, a x II ill a 14 jr •a IIr ill • 2 EE jI 'a ._.,01I !VI , 11't. IIA I,"• '° �E 46'...::::.,•'"- it; it'll!. 4! _r #c ,r iwa . .•u ,. w c 1••x+. I t�:W.W.I PHOENIX PHOENIX DRIVE IOU PUBLIC WWI Walmart#1688 Agenda Item 5 Page 5 Location of Outdoor Storage Area WALMART #16, 888 A OUTDOOR SEASONAL DISPLAY AREA r- 11111 iii11 Ilow Hydrant i _ f Wal-Mart _' I Supercenter#1688-00 Expansion I I (FF+15.23') 1 111 IEXPANSION APPROVED IN 2009 I Grade 40—•— ENCLOSED OUTDOOR GARDEN CENTER (+12.01 \ - q in LA Rk ----- GATE 12 sure HydrantJV- --- m1 It A OUTDOOR SEASONAL Grade STORAGE AREA (+14.3') . '---Exist' 8"Detector 0 Gra. Chock Ave (Shoe► 0') # for EXISTING MATURE VEGETATION Parking - GATE `, I \ Walmart#1688 Agenda Item 5 Page 6 Location of Outdoor Storage Area 424 0 t * i0 4 - ., OUTDOOR�SEASONAL �-, ;'� €. ,1 t i SABRE STREET ,lik i #: .,e ,...4C._ i' 411 12 X G 04600r- SABRE STREET 44 ' ) tee: .- - " " J Walmart#1688 Agenda Item 5 Page 7 Site Photos Itt it !aliy _. • — ' 1P: *-•••'•-•.--!. fr".."."'"4".'-....,..%: -44 _ _ w it r f ire ,1..:--- r - w w c.. (JUd.,YP " .. Walmart#1688 Agenda Item 5 Page 8 I I Disclosure Statement Virginia Beach APPLICANT'S NAME Walmart Stores, Inc.; Walmart Store#1688 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 10R(ITY USr OM Y p{I riiScL urrit : t r ?rw Page 1 of 7 �❑ ,1PP1 IC_.4N1 NOTA -I[P ClF liCARING gl 'Nt)C HhIJGt S Kt�iSlt_�nS ZilEt.711 1 f(1 _ 1 Walmart#1688 Agenda Item 5 Page 9 Disclosure Statement 11/4B Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. fX1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Walmart Stores, In. Store#1688 If an LLC, list all member's names: n/a If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Varies. Please visit corporate.walmart.com/our-story/leadership (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Varies. Please visit corporate.walmart.com/our-story/our-locations See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nroverty owner is different from Applicant. O 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:Walmart Real Estate Bus. Trust If an LLC, list the member's names:n/a Page 2 of 7 Walmart#1688 Agenda Item 5 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Varies. Please visit corporate.walmart.com/our-story/leadership (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Varies. Please visit corporate.walmart.com/our-story/our-locations "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Walmart#1688 Agenda Item 5 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n n Accounting and/or preparer of Varies.Walmart cannot disclose every your tax return entity with which it does business. XArchitect/Landscape Architect/ Varies.Walmart cannot disclose every Land Planner entity with which it does business. Contract Purchaser(if other than Varies.Walmart cannot disclose every IXI the Applicant)- identify purchaser entity with which it does business. and purchaser's service providers Any other pending or proposed Varies.Walmart cannot disclose every Inl purchaser of the subject property entity with which it does business. (identify purchaser(s)and purchaser's service providers) CConstruction Contractors Varies.Walmart cannot disclose every (5 [ Engineers/Surveyors/Agents Varies.Walmart cannot disclose every Financing (include current Varies.Walmart cannot disclose every mortgage holders and lenders entity with which it does business. selected or being considered to provide financing for acquisition or construction of the property) CLegal Services Varies.Walmart cannot disclose every Real Estate Brokers/ Varies.Walmart cannot disclose every Agents/Realtors for current and entity with which it does business. 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 ri 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? Walmart is a publicly traded company under the NYSE Ticker WMT. We are unable to verify whether any employee of the City of Virginia Beach owns, either directly or through managed fund,one or more shares of Walmart Stock. Page 4 of 7 Walmart#1688 Agenda Item 5 Page 12 Disclosure Statement 1/3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. J�""" Dennis Laughlin, Realty Mgr 4/6/2016 - APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Walmart#1688 Agenda Item 5 Page 13 Disclosure Statement q\B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Varies.Walmart cannot disclose every your tax return entity with which it does business. lXlArchitect/Landscape Architect/ Varies.Walmart cannot disclose every Land Planner entity with which it does business. Contract Purchaser(if other than Varies.Walmart cannot disclose every nn the Applicant)-identify purchaser entity with which it does business. and purchaser's service providers Any other pending or proposed Varies.Walmart cannot disclose every n purchaser of the subject property entity with which it does business. I I (identify purchaser(s)and purchaser's service providers) CE Construction Contractors Varies.Walmart cannot disclose every 51 E Engineers/Surveyors/Agents Varies.Walmart cannot disclose every Financing(include current Varies.Walmart cannot disclose every mortgage holders and lenders entity with which it does business. Ilii selected or being considered to provide financing for acquisition or construction of the property) ElC Legal Services Varies.Walmart cannot disclose every Real Estate Brokers / Varies.Walmart cannot disclose every Agents/Realtors for current and entity with which it does business. ' I 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 ❑ l l 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? Walmart is a publicly traded company under the NYSE Ticker WMT.We are unable to verify whether any employee of the City of Virginia Beach owns,either directly or through managed fund, one or more shares of Walmart Stock. Page 6 of 7 Walmart#1688 Agenda Item 5 Page 14 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA' meeting, or meeting of any public body or committee in connection with this Application. _ 4 fl-S-)- Dennis Laughlin, Realty Mgr 4/6/2016 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Please see stock.walmart.com for 10-K and other information. Page 7 of 7 Walmart#1688 Agenda Item 5 Page 15 Item#5 Walmart#1688 Conditional Use Permit 657 Phoenix Drive District 6 Beach June 8, 2016 CONSENT An application of Walmart#1688 for a Conditional Use Permit(Bulk Storage Yard)on property located at 657 Phoenix Drive, District 6, Beach. GPIN: 1496-38-7496-0000. CONDITIONS 1. The location and size of the bulk storage area shall be as shown on the submitted exhibit entitled, "WALMART#1688 OUTDOOR SEASONAL DISPLAY AREA." 2. All materials for sale or materials related to the outdoor lawn and garden care operation being stored shall be contained within the specified area depicted on the plan specified in Condition number one.There shall be no materials or merchandise in the adjacent parking spaces, parking drive aisles, or parking lot islands. 3. There shall be no signage installed within the area,on the fence,or immediately adjacent to the area,other than professionally prepared traffic control signs. Hand-lettered signs shall not be used. 4. When the storage area is not being used to accommodate seasonal demand, all fencing, merchandise, and other materials shall be removed from the parking area. 5. The seasonal storage area shall only be used to store pallets of mulch,top soil, paver stones, shrubs, trees and other such lawn and garden care merchandise. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approved item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE Item#5 Walmart#1688 Page 2 WEINER AYE By a vote of 11-0,the Commission approved item 5 for consent. CSI 0 III CNI I et .,., ,. .41 .,.. / ...• '... . ...„ ......._ N., ........ I/ '"-. ,... 1 N i'f,),,,-- CM () , ..„. • -,A i 0 _f______-•-___:) _...... NJ.„,,,,, '"N.,,,.., ... i .."") • .. c .. ------- _i / , , •, ., 'N.LL,... --u- '-' / ( ..„,„.--• - ,-------- _--L-' \\.....--- \ ,,----•"-- ...„...,----' - ..--- -- .---- . - , , , „..-- ,...------ 0 C%1 , . • _ 1 . .....- and Road . co Nsk , ,r__•\ ,..., , . • / / CNI ''' \ li •• ... ‘.... •-•,- -,-.12:.,-- - - -. ..., .,. . . . . . . . . . „ , ...., .. . „, .. .. -,..,._ , .• 0 .---,„ '''''N, LL,., •i "N-,./ '› ' 13• . i i .. -.„ • ,-,. Ci ,„•',. I _v_,„„, * .. . , , LO , ..J1 .,..... ,,..., . i i , , ., .• ,. \ •. . 1.• .7.\\ • 6/ . , \., \ .,•-' Ce CI . `,. - 7'>..# ,.., • . , 1 i . . . ••\ - , \-.-• ., • 1. u�' SVG'r w yi7 (p �y7 ..-.it f1 C ``y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REED ENTERPRISES, INC. [Applicant & Property Owner] Conditional Use Permit for Motor Vehicle Sales. 3249 Dam Neck Road (GPIN 1495146175) COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: July 5, 2016 • Background: In 2005, the City Council approved a Conditional Change of Zoning from AG-2 Agricultural District to B-2 Community Business District and a Conditional Use Permit for Automobile Repair on this site. The applicant proposes to add motor vehicle sales to the existing auto repair operation. A majority of the sales will be generated through internet marketing, with no more than five vehicles displayed indoors and/or offered for sale at any one time. No outdoor display is proposed. • Considerations: Limited sales activity is anticipated, as the number of vehicles for sale on the site is restricted to five and the vehicles can only be displayed inside the existing building. No changes to the exterior of the building are proposed, and no negative impacts to the existing infrastructure or to the surrounding land uses are expected. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There is no known opposition to this request. • Recommendation: 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 with the following conditions. 1. The sale of motor vehicles on the site shall be limited to no more than five at any one time. 2. There shall be no outdoor display of any motor vehicle for sale. 3. Other than a slight modification to the existing freestanding sign to add this use, no display of the motor vehicle sales operation shall be indicated on the building, on the roof or in the windows. Reed Enterprises, Inc. Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Se Applicant & Property Owner Reed Enterprises, Inc. Agenda Item Public Hearing 1Une 8, 2016 City Council Election District Princess Anne City u! 6 Virginia Beach f AP21 Request Stam gird 0OP Conditional Use Permit (Motor Vehicle Sales) Celtic 00,A cno,o Dove a Staff Planner Carolyn A.K. Smith 65-70 dB DNLo eaa a, >75dBDNL AP:: o x/ /' 'rW ��`��/ �ase Location c� f�„,.. °„� / 3249 Dam Neck Road °',..,y. G-'s. Y "Wrye GPIN APZ2 Q44' i 4,, 1495146175 4, /` �� , � �c� �"� 3 �,,‘�'' Site Size %,�� '"OC°I '� oa 0:::::y 1.92 a7cres ..`� s AICUZ g"4e 70-75dBDNL n e jt"�On WOW RSL Barberry Lane 70-75 dB DNL; APZ 2 ',1 WOW Existing Land Use and Zoning District / x Auto Repair/Conditional B-2 Community V 'P- ,a • Business , 1 w • ' ' : er...,-. , Surrounding Land Uses and Zoning Districts r ' North ••..,.Automobile repair and fuel sales/Conditional /' ” B-2 Community Business South b, t „7:7-:•' Single-family dwelling/AG-2 Agricultural +° ec�, ,,- y � p East ' r Holland Road / o` 7 a ' Wooded/ 1-1 Light Industrial Kr` West - Dam Neck Road Auto repair under construction/Conditional B- 2 Community Business Reed Enterprises, Inc. Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant proposes to add motor vehicle sales to the existing auto repair operation on this approximately two-acre site. • The entire auto sale operation will be located inside the existing building. • The application states that a vast majority of the sales will be generated through internet marketing, with no more than five vehicles displayed indoors and/or offered for sale at any one time. No outdoor display is proposed, as all vehicles for sale will be within the showroom. • No changes to the building are proposed with this request. • The hours of operation will coincide with the existing car repair business on the site. I't S, 0-2 G-2 Zoning History ,§No y\y # Request r,,dB-2 c 1 CRZ(AG-2 to Conditional B-2)Approved 02/22/2005 CUP(Automobile Repair): O202002OO1 pproved 02/ /205 \D / 2 CRZ(AG-2 to Conditional � ; i/ V CUP(Auto Service Station)Approved 07/03/2001 R 5D • a N 3 REZ (AG-1 to I-1)Approved 12/05/1983 al'y � 4 REZ(0-2 to 1-1)Approved 02/14/1995 aF \ t-i3 5 REZ(R-5D to 1-1)Approved 09/14/1999 • 6 CUP(Animal Shelter)Approved 05/28/2002 B-2 7 CUP(Communication 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 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area.This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 through 3-3 Reed Enterprises, Inc. Agenda Item 6 Page 2 Natural and Cultural Resources Impacts This property is located in the Southern Rivers watershed. As the site is entirely developed with an automobile repair business and a parking lot,there do not appear to be any significant natural or cultural resources on the site. Traffic Impacts The proposed request will not have any significant impact on traffic. This site is within the limits of Capital Improvement Program Project#2.158.000, Holland Road Phase VI (VDOT). Construction has begun and is scheduled to end in October 2017. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This Conditional Use Permit request for indoor Motor Vehicle Sales is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area, particularly because it continues an auto-oriented use at this location without modifying the high quality exterior of the building. Limited sales activity is anticipated, as the number of vehicles for sale on the site is limited to five and they can only be displayed inside the existing building. Staff does not expect any negative impacts to the existing infrastructure or to surrounding land uses; therefore, the request is recommended for approval subject to the conditions below. Recommended Conditions 1. The sale of motor vehicles on the site shall be limited to no more than five at any one time. 2. There shall be no outdoor display of any motor vehicle for sale. 3. Other than a slight modification to the existing freestanding sign to add this use, no display of the motor vehicle sales operation shall be indicated on the building, on the roof or in the windows. 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. Reed Enterprises, Inc. Agenda Item 6 Page 3 Proposed Interior Display Area fi'' - Lr j011lti ., I • iI I ail 1 F, A I Alai . . U` 1 HSI i 1, 1)1 : O (1 ro P I AIS � � G � � ,$i I._04 it— vi k UI v IT fl , I . 0 3 o� r � IIIiiL'C;IG"�I o S' W , �. x. ti't'le ' 1L E OPISJO*ARCH1EC1 �._ ... !R f I,z MM iwx' I P xamok sq.WOW OW v.0.0LIS ( I 1 I 1 1 1 1 1 I I I I Reed Enterprises, Inc. Agenda Item 6 Page 4 Existing Layout of Property 0.1.%CC*40,0(120 M40 V&1 le111*1*) , —- --' - Vr 'T.'Ilf 41111 k- V ''' 1 / 1 v. kf. 4 t i V • r 1! ip -- • . / , r --:.-_-: „if.' : • ,'",_--,,b-.A7--- r", • . I' to 4 .. ,,./ _ 1 -..,...,-. , _________itei _ ..... _____ , 1 : /1111; 1;/ , , 1 , , i i 5 i l1i IL --- 1 i Lt " -1P4 1'olin!i. i r r,I 1/ II I — .,,D c----2-. --.0 -,,,L------ _•_..i --.....--!-- wm DESIGN AND Dr/EUIPMENT.LW — 13/1 CENTER ORM.$UM 200 I)1:1 :, so RFD 1,01,4*SCS volo•Vot 40,01. ___}.-- YOR,01X.AROMA 23502 (/4,,)440-06/2 FM (757)149-7319 Reed Enterprises, Inc. Agenda Item 6 Page 5 Site Photos „. ,, ' , . _ .. . , . __- / -; .......... . ‘.. ...„ . #4 0./.........11.... IA NI ,1 p 1 -alp . 4. * -= -_,- //f. -- .*.. '' 'T f i.' . - r _ -- $ ' L ., Ciamour , , . _ . •, : "NW 4111 i i - ,301 6395.2AL. r . .. t\ . ,... . .... Reed Enterprises, Inc. Agenda Item 6 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME v -> j._i i #�-t� ►-r`-�t` : �l`� 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 FOR CITY USE ONLY/ r 511 _s must he upilat u eI.s Giarcmay Page 1 of 7 ?laneins Cornmnssion and City Council meeting that pertains to the anphcatrcriis' APPLICANT NOTIFIED OF HEARING DATE LJ NO CHANGES AS OF DOTE 412.4Ha -. REVISIONS SUBMITTED DATE Reed Enterprises, Inc. Agenda Item 6 Page 7 Disclosure Statement Virginia Beach 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 other unincorporated organization. (A) List the Applicant's name:Reed Enterprises, Inc. 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) Reed Enterprises, Inc.: Neal Reed, President; Manjula P. Reed,Vice President (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 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. C 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 7 Reed Enterprises, Inc. Agenda Item 6 Page 8 Disclosure Statement Afig3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Reed Enterprises, Inc. Agenda Item 6 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO i SERVICE PROVIDER(use additional sheets if needed) n X Accounting and/or preparer of your tax return Architect/Landscape Architect/ tL1 Land Planner N'') 43"''tr' Contract Purchaser(if other than the Aavlicant)-identify purchaser and purchaser's service providers Any other pending or proposed C C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I I 15<1 Construction Contractors [ I Engineers/Surveyors/AgentsL1 h 1T ) iy1 Financing(include current Bank of Hampton Roads mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ E 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 • 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Reed Enterprises, Inc. Agenda Item 6 Page 10 I I Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicatio . >j I/ Neal Reed, President 4/01/16 APPI ICA 'S SIGNATURE PRINT NAME DATE Page 5 of 7 Reed Enterprises, Inc. Agenda Item 6 Page 11 Item#6 Reed Enterprises, Inc. Conditional Use Permit 3249 Dam Neck Road District 7 Princess Anne June 8, 2016 CONSENT An application of Reed Enterprises, Inc.for a Conditional Use Permit(Motor Vehicle Sales)on property located at 3249 Dam Neck Road, District 7, Princess Anne. GPIN: 1495-14-6175-0000. CONDITIONS 1. The sale of motor vehicles on the site shall be limited to no more than five at any one time. 2. There shall be no outdoor display of any motor vehicle for sale. 3. Other than a slight modification to the existing freestanding sign to add this use, no display of the motor vehicle sales operation shall be indicated on the building, on the roof or in the windows. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 6 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. . [ 7.._------,.. _.:- -•':' '. :!..::: . ' .Wri II 11:1;iiiiiiiiiiiiikruir-T'.. -•,„tiy st a. Tx. ...L. fir f . 4 :a.:,:ii?,..1.),R.. , : --)c. , ----.1.- 1e----... . ---- ''" - -- .., • i hi;rildifill f 1111 ri 1 .- 04 ....„ r • - ' Act Lefello3 ..-1 . . r i AirAr-401- <IC , th inii ,. -.,,,,.... p"•1414",..11: -:, :',--:5: 0... 4- ,---.. .---:•: - r......... .:, • • •--_:- _.-:•_,. .:. .... ----_____________ - _• _ /„, ff - -----s-,-- 140 oil_ , ,fir -•••'..; il • . CNI i rii. .. s • - -,.. , ....• s , iDa / til - . 141111111N• ,---......... i z. ‘Ntito'Nilo • _. - ... ; .411111k, 'IN .. .., ....... _____ r ..- -•-, ••••._ ._ __. Elli ' '---- -- ----- '- -;••••.L. . '•--- ---- . ...,..,.„ . : i• , _ --.. •-••• . - . - • 8 . 1 ',.,_ . .. ii : .. -._ ...., i--____iNar ••.; i itr : ii40 141# r. -• . , i .• ---___, ill' '4";••=r;,•--, --.--:-. -::- -• ---. . ' • 441111101r i i• . ____. . 4.,..,,,,,. -• 1......%,,,,,. IC, L...........,0 .4,,r- -. s"-Niii,i4464.k„ ,.... .._ ...:7,:ii . .i.::::-_, ----•____ .... ...... „,.... oef ,,_ ... ) 4,-,......,. ....•• -.. jr., .. ., , _ ....... lime. Nlir441r • a —• ,, ... .......,-- . •_, ..p.,.... '. . . 4Illr N.,.... --- 47 C :1 .,..,n ... .. .__ • ,__, _....._.,...:.,. .._ A ista i r Wort.-- .._._ Irk .___. .•..._ . ..... ., „„1,41A8 ', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OLD DOMINION TOBACCO COMPANY, INC. [Applicant & Property Owner] Conditional Change of Zoning from I-1 Industrial District and B-2 Community Business District to Conditional A-18 Apartment District. West of 5400 Virginia Beach Boulevard (GPINs 1467587545, 1467571872, portion of 1467575967) Comprehensive Plan: Suburban. Proposal for 282 Units (density of 17.49 units per acre). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: July 5, 2016 • Background: The applicant requests to change the zoning on a 16.12 acre portion of the subject site from I-1 Industrial and B-2 Community Business to Conditional A-18 Apartment District to allow for the development of a 282-unit apartment complex. The applicant operates a distribution facility from the southern portion of the site. The area included in this request is undeveloped and heavily wooded. The proposed apartment complex contains ten, three-story buildings oriented around a large retention pond. The design of the buildings is a contemporary style. Amenities that will be provided include a clubhouse, pool, exercise area, outdoor cooking and dining area, dog park, and playground. Access to the site will be from a gated entryway along Virginia Beach Boulevard. ■ Considerations: The proposed development of the site with a 282-unit apartment complex, in Staff's opinion, is compatible with the surrounding area, which is primarily commercial along Virginia Beach Boulevard and relatively dense residential developments. The subject site is one of the few remaining vacant parcels of land surrounding Witchduck Lake, which has experienced a number of multi-family dwelling development in recent years, and this request is consistent with those previous approvals. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. 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. Old Dominion Tobacco Company, Inc. Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Proffer Agreement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depa. -n% ge •cy: Planning Department City Manager: Applicant/Property Owner Old Dominion Tobacco Company, Agenda Item Inc. Public Hearing June 8, 2016 City City Council Election District Kempsville 1 0 Virginia Beach Request Conditional Rezoning (I-1 Industrial & B-2 \ 4 .°a t e` i y. Oak. Community Business to Conditional A-18 a PAu+i Court s�,�,. o` e Apartment) s r 1 "gad 3 taq d,ti 3 Q ''a'6 y,� you P1arr v LI -`Y A z ro Staff Planner Kevin Kemp r a Summer Crescent 3 1 $Location Dan,R�"oe c Conde,sneer m j Keay Parcel west of 5400 Virginia Beach Boulevard `°"�'A�� _ E_j �o;� GPINs ra'Y4 ue v -,7 'tile,Str N and Road oed `tta ° Q' 1467587545, 1467571872, portion of 'dS,Pe . a 1467575967 x 0 Site Size 26 4 23.6 acres (16.12 acres included in request) oe4, A I C U Z eyeia'�'S,�, a.. Less than 65 dB DNL Existing Land Use and Zoning District Distribution Center and wooded area /I-1 Industrial and B-2 Community Business Surrounding Land Uses and Zoning Districts y North -'Lc/S ,` -a fi•• .� . Witchduck Lake `..r_ R 7.5 Residential , � '' •. Lake, Multi family dwellings/ h, R-5D Residential &A-12 Apartment_ ; • t 4' '.44 ':�: . ,> -`' ♦ , , . •Q'7 .�, � South ^• v t 1 Virginia Beach Boulevard -40‘Rot i 0 r ,t '_ �'. �_ I Mixed Commercial/ B-2 Community Business ' y % '.. 'aaoci East +.., _;,�o 1 .. -.. _ :-..5.16 Furniture warehouse & sales/ B-2 Community ` �` : ' i - { .;Jv4�y , �� y Business m a,,, /... ' West >:ee f•-•it _ . ., Mixed commercial, multi-familydwellings& ��heo '' 01 j single-family dwellings/ B-2 Community fa - ir; Business, A-18 Apartment& R-5D Residential r,•, Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 1 Background and Summary of Proposal • A majority of the 23.6 acre site is zoned I-1 Light Industrial District. A small area at the rear of the site is zoned B-2 Community Business District. The 10.76-acre site directly adjacent to the west, zoned A-18 Apartment District, is developed with an apartment complex constructed in 1986. • Old Dominion Tobacco Company owns the property and operates a distribution facility on the southern portion of the site.The applicant intends to subdivide the property and retain the distribution facility and rezone the remaining 16.12 acres to A-18 and develop it with an apartment complex. • This request for a Conditional Change of Zoning to Conditional A-18 Apartment District will allow the site to be developed with a 282 unit apartment complex, with a density of 17.49 units per acre. Details of the proposal are listed below. o The submitted site plan depicts ten,three-story apartment buildings. A majority of the buildings are oriented around a large retention pond. Four decks are proposed to extend into the retention pond. o The community will feature a clubhouse, including an outdoor pool and outdoor social gathering space with an outdoor fireplace, cabana, and grill area. Additional indoor amenities include a large exercise room with yoga studio, coffee bar, a WiFi café, a theatre/game room, large screen televisions and high- speed internet. Other outdoor amenities include a dog park, playground, and a pergola with outdoor sitting and dining area. o A majority of the units (90 percent) are one or two bedroom units. o The site is enclosed with a wood privacy fence. Where the site is adjacent to residential properties, a ten-foot buffer is shown with Category IV landscaping. Interior parking lot landscaping is shown throughout the site. o Parking for the complex is located along the perimeter of the site.There are 562 parking spaces provided. Eight detached garages, each containing four spaces are shown on the plan at various locations throughout the parking area. o Access to the site is shown from Virginia Beach Boulevard. The gated entry will be a right-in/right-out only. A secondary service entrance will be located on the east side of the site. An access easement will be recorded across the adjacent property containing the existing Old Dominion Tobacco Company distribution facility. • The submitted renderings and elevation drawings show buildings with a contemporary design. The three-story buildings feature fiber-cement siding with alternating colors of coral,tan and white. There is a row of grey- colored brick shown around the base of the buildings. • The clubhouse will be constructed using cedar siding and dark black brick.The main entry to the clubhouse will be slightly recessed and accented with cedar siding. • A monument sign is proposed at the entrance along Virginia Beach Boulevard.The proposed sign with be constructed with materials to match the clubhouse, as shown on the submitted elevation drawings. Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 2 L� "" 6i/1lNlNlllif `� \n iIpp ,,, R-7.5 A-12 .�' � t - � � t�� 5 Zoning History # Request <�? , , `,./47 11/�j/I, A 12 p v 11/18/2014 �o / _ �, 1 CUP(Vocational school)Approved s CUP (Religious use)Approved 12/03/2002 al /---- 6 A ,/ ' a 2 REZ(PD-H2(A-12)to P-1)Approved 02/12/2008 / B-2 �• �I� iyj , c Q CRZ (A-12 to PD-H2(A-12))Approved 06/12/2007 -/1 O� `- �// j i, ° _ LJ 3 CUP(Motor vehicle sales)Approved 03/09/2004 F or -A '� _i 4 CUP (Student center)Approved 08/12/2003 �`� 5 CRZ(R-7.5&A-12 to cond.A-12)Approved 01/26/1999 ® r� A-12 �y _,,it 6 REZ(A-1 to B-2)Approved 07/14/1986 m IB2si illi „ �fli_tj CUP(Motor vehicle sales)Approved 07/14/1986 :Iiii ,b2 3 r - - illr 7 REZ(B-2 to A-2)Approved 10/08/1984 _ 8 REZ(A-1 to A-2)Approved 12/14/1981 4d ,,, , A ' Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan 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 the stable neighborhoods while 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. The site is entirely covered with mature trees, all of which will be removed for the development of the site.There do not appear to be any significant cultural features on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 34,940 ADT 1(LOS""C") Virginia Beach Boulevard 38,000 ADT 1 56,240 ADT 1(LOS°"D") Existing Land Use a_1,220 ADT Proposed Land Use 1,875 ADT 62,260 ADT 1(LOS 4"E") 'Average Daily Trips z as defined by 16.1 acres of 3 as defined by 282 apartment units 4 LOS=Level of Service property zoned 1-1 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard at this location is an eight-lane divided major urban arterial.The MTP proposes an eight-lane facility within a 150-foot wide right-of-way. No roadway CIP projects are slated for this area. Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 3 i I I Public Utility Impacts Water The site currently connects to City water. There are existing 16-inch and 20-inch City water transmission mains along Virginia Beach Boulevard.The existing two-inch domestic water meter(City ID#95097883) and fire meter(City ID#95083196)can be used or upgraded to accommodate the proposed development. Sewer The site currently connects to City sewer.There is an existing ten-inch City sewer gravity main and an existing 16-inch City sewer force main along Virginia Beach Boulevard. Analysis of Pump Station#356 and the sewer collection system is required to ensure that the future flows can be accommodated. Evaluation and Recommendation The proposed request to rezone the subject property to allow for the development of a 282-unit apartment complex, in Staff's opinion, is generally consistent with the land use guidelines of the Comprehensive Plan for the Suburban Area. The proposed development is compatible with the uses in the surrounding area,which are primarily commercial along Virginia Beach Boulevard and a relatively dense residential development is located directly behind the site.The subject site is one of the few remaining undeveloped parcels surrounding Witchduck Lake, which has experienced a number of multi-family dwelling developments in recent years, and this proposal is consistent with previous approvals. As the primary entrance does not line up with a median break,the Traffic Engineering Staff raised a concern that vehicles leaving the site must travel west on Virginia Beach Boulevard and cross four lanes of traffic in order to make a U-turn to head east.Vehicles traveling eastbound on Virginia Beach Boulevard will also need to make a U-turn to gain access to the property.The possibility of a cross-access easement with the property to the west was discussed which would allow a shared signalized access between the adjacent strip center and the apartment complex. A resolution has not been reached on this matter.Although not optimal,the proposed entrance is acceptable. Staff believes that this proposal is acceptable as submitted.The design of the buildings offer a contemporary design that is unique.The proposed multi-family development is compatible with the surrounding uses and the rezoning request is consistent with the Comprehensive Plan. Based on the reasons stated,Staff recommends approval of this request with the proffers listed below. Proffers 1. When the Property is developed, it shall be as a 282 unit multifamily residential community substantially in accordance with "THE CONCEPTUAL LAYOUT PLAN OF MEZZO APARTMENT HOMES,VIRGINIA BEACH, VIRGINIA", dated 1/28/16, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, it will be fenced, landscaped and have entrance signage substantially as depicted and described on the three (3)exhibits labeled "OVERALL FENCING & LANDSCAPING PLAN (Sheets L.1.1, L.1.2 and L.1.3)" and the exhibit labeled "SITE DETAILS" (Sheet SD2-1), prepared by Siska Aurand which are contained in the twelve (12) page development manual entitled "MEZZO Apartment Homes,5426 VIRGINIA BEACH BLVD.,VIRGINIA BEACH,VIRGINIA", dated 01.30.16 copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(the "Manual"). Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 4 3. Vehicular ingress and egress shall be limited to one (1)entrance from the Virginia Beach Boulevard and a second emergency only access via an improved ingress/egress easement across the east side of the Grantor's adjacent property substantially as depicted on the Concept Plan. 4. The total number of dwelling units permitted to be constructed on the Property shall not exceed two hundred eighty-two (282). 5. When the Property is developed,the clubhouse and pool area at the entry to the community shall be developed substantially in accordance with the layout as depicted on the exhibit labeled "SITE PLAN," prepared by TS3 Architects, PC and dated 01.30.16,which is contained in the Manual which shall supersede the Concept Plan in this one area.The Clubhouse shall have the architectural design, appearance and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "CLUBHOUSE ELEVATIONS," "CULBHOUSE, EXTERIOR FINISH LEGEND" and "CLUBHOUSE RENDERINGS," prepared by TS3 Architects, PC and dated 01.30.16,which are contained in the Manual. 6. When the Property is developed,the Apartment Buildings shall have the architectural design, appearance and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "APARTMENT-RENDERINGS," prepared by TS3 Architects, PC and dated 01.30.16+, as contained in the Manual. 7. 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. 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. Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 5 Proposed Clubhouse Rendering 1 I, ",£i SS"L .y � i liuili y .,r S , 10 14110 #; :._ _ :: ,1II1IIIs` _i ' UI A yINIMMIN c.' 1• ...,\„,- 1t ,' yA?" *k i*44 rr t ,'.,.1,4712:4;3":,:I � � � t b AAA... �s -44.'‘. s .iG �1 ,...*:4-:X.4 ; � +fit, i..- ► ,• ori r ' S. . t;. +: 1i a r' 4 Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 6 Proposed Clubhouse Rendering -...- ,,..... 1 ...._.....•. . idiom' •,,,,,,p, .,.t..". ' ' • , _ ,,......oama .L. "ow. ....-10 et ' . • SEINEN 3Illt..1.01 ,. i . .. ... • .i.oft64.:k£,..... ,,,,,, , _- . , •, 4: f4 r....-. .._.- 4,_...;..__..,......i.. _ . —... I i MY ilk - ..,...ML.-,. ...i. PIO Id 111.0.11116 liar, ' • .... .....---,.. . , 't . .. •1,-. ..1--- „. ,,..___ ,, ,.,_ .... ,...raii•—"7.7----17---- , - ,..... ill'ill _ 11111i , .e.-"',.... ....1L- — , ..._ _ -------,...-_.. ____ ____ .., •, . ..,„ • AI • . ... • ,... , -.•...-e i ..-...' ,,,.0. .• . --• - t::-..f. - I... • , ..,...s.. • , ,. l' -4'. - ! '171`1.1.0.4At,.. 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Z..2.; ADAM XI 1 : .," :',.....:::-',-14, - .._ 1 12 ,, •",,.,,, „":"-....,, .---- -------E-j-q V.,:,ir...3/4'.'1'''..- -;:---L'-:-----.7-7-7--;'' "11,60,,i ' • s-X.,:: ... 1 pli ..._ ., F..!, . ,,:i,;.< , . 1 - ', !',.",...:„ '.'' .. .'•:V:::',, - . , terur;71'.6.1. ' # # 0 , ,..... , , . ...,, •-,... , 1.,- A, . ..,-; -.•A,, _.•••• ' ,,. '',.,... '''''''-' ...-.. ,—. , ,',.... - • , 1..,.... ,- .ti ;,-0. - •..,..- - _. -'. -7..'"1"ral '7...-,S.`-',-; F -- --....., ._, -, ; ... ..4,.... sts .... 1 ' ......—. - .=.......-:',.---,--7,--i,.-.°i A Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 7 Proposed Apartment Buildings Renderings I b ETIE ,Tw 1 , 7 Ai, is Ii'l -U - lir... A 1 11 - - a :7„, 1 i_ w , ...„ _t_ mom. ---::-.; "._ EH f -I mki 4 ' it it 112 a II - 1 X t r° I ipri: __T, .,,,,_. 1, j s Cila� i ! ti FE EI ..... IT — . , , -, _ -i iii"yr �� -r. ,, c. I R _-d i 3 J rn 1 [ [ 1 _I t _ _ 1- LA +! ` i7i i f IF r - � — ■ i T i. II 1110 ,.?"'"' ii , a 4 Fs At ir i I t- ,. 1 i li _. — ,—. — 'fi 0. W a A, ams __ ."-- _ -- - - _ ... ILE ;-------,------ — Er] Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 8 Proposed Clubhouse Elevations SIDING A , r ---'['�— 7-----.1 I 1 _.1._— 1 _.__1— ,.____SIDINGS all III1 II.--1 ___-BRICK SIDING B --SIDING A J 1 __I -1 ..-_.1 _i _---.1 M ARTMENrS __ J 1 _2•111.moommEmmo .. momm is 1-1:1 D I , , 1 <. / FRONT ELEVATION r ---SIDING A i 1 i'---SIDING B --moi v—_ i -- BRICK —1I I 1 MIMI REAR ELEVATION SIDING A /_._—SIDING SIDING A -�� I , , mumminnommonommiummumnimmera SIDING B __— _._l__ I I I ; I 1� �� M E —�� • '—SIDINGS Vi MIII _ _-__ S-■■■■.■■■■-4 MIs,* =� = BRICK __ _-._ __ - a_ r I _�— rrill .. ....:.::. _._ _. _ I 11 I , 1 • _ - /,=IIII WAN MI Mal M==��•� Imo.. I . 0111=M1111111111111111111110111 i; . Ill II I�__— SIDE ELEVATIONS Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 9 Proposed Apartments Elevations 510,NG 0 SONG C SIDING B SIDING B S101NG C SIDIP.G 0 • • ! l;m1_ k i : CMU RAILING FRONT ELEVAT ION (REAR SIM. ) S IT N C D i SIDINGS 5. DING B -SIDING E • X19.. RAILING CMU RAILING SIDE ELEVAT ION SIDE ELEVAT ION Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 10 Proposed Site Layout Il I Cf) 11.1 gi 1 d 1 -11 ___ \- 1,\\_,,,,, -----\_ --::: ___„ LLI - -., 1,-,,,,_ 1 1 kk'k k•k ' • - ik% - ' ..) \ \I' \ a 5 ; : \ Ng"Lu c)>- 171 '-.- rii I ) 1 1 __ % i ! k ,f1 ) \ (ono H., ) ,,P 0 ) 1 * ;a 1 _ ti. ‘ ><-Ir ri, ),., ;,,--. 5 \ i 11 r; ::) , li-17-, . ''' ,i-, ),, ,,, 4 . i , , ,, , ) 0-, \ \ \ . — ,,,--) ,j--. ri, , si, ' L-- -,,,-) A n., \ -A 1 -ril ir Th rfl I: -2 1) tA \- ) ) \??2 C.\ .,, A ••,, rt L_____ :::. ) 11 ; . ,z. '•-irc 1 ''--L._J) ,...N . t CI Iy , .. li•.7111 r ,* ' ' @ ' 1 i BUILDING Okt ..‘„J — gAILIM4:. , \ #t, 1 I \ _..,1. [ • • , 1..\ \;:) t (, ..,.4. 4, . ......4 I , '1! ---- \ r.,.. ... v.„...v. .: I 111 1 i 1 ' r wev L, • _ , flp il":-.5 ; M L I P • • ii, -. ) I ilrigil*WiltqlliMiliiiing OW ri si 1!_r: _ r: fl• L'. r• tr. _ _... ._ _ VIRGINIA BEACH BLVD. . - -Z-3-::_a„7- Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 11 Proposed Site Layout- Southern Portion 7::) 1 i 7t "' W7JD PELAGE-TYPE G POMPOM-TYPE D _ Isi ��` __.---- '9 u ,,.. _--_V T .`a�T"........T 4 .., vi D :71. .o ff TO � ' 8 f 777 .�«. 1 BUILDING G3 14,27 mg II 11111 Ifiiii: • (-11---i W _!TI rilti 4 11 mil r /SIGN Wi el . 14�l _ �RG�II _ _ `D 6 44) 1 . ir 6 110, 11111,INIMMONMIONIMIIIIP) -__ ` WOOD fEHLE-TYPE G —HONRENT 515A �i�' SD2.1 517E FENCE-T A FENCE KEY: — SITE FENCE-TYPE A POOL FENCE-TYPE B WOOD FENCE-TYPE G Lir I I I ri J 9 11_____ Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 12 Proposed Site Layout- Middle Portion - I I I l 'CHAIN LM(FENCE-TYPE v 4 II - --- -- — - BUFFER PLANTING - �.„517E FENCE-TYPE A -- . 4 ' 1 PLAYGROUND I tI f NL ifp,e li . 4111 r C .---1 LL *4t f m j-1 o 6 6 BUILDING H3 s 1, 7 � I0— Z r 6 _ T 11 c� 1 L—Lr ;�#� w 1 „ a —5 ,�- --- �, �. s (t'.�: '" 6 BUILT IN tie _ AGE r M.P .4 _ GARAGE illip:/.... 7 _ �, MAIL i trio {■, p 4. ', KIOSK 6tr�` K 5� 1 5 ._-..— --_ +' : COMPACTOR �',► - _ WI', C I ) TM 517E FBCE-TA 0 6 DIN NG AREA _ g � 4100 & ERGO o J _- ilii w i - -` \\ . FENCE KEY: el I -..- SITE F!I !-TYPE A CHAIN LIN(FENCE-TYPE D .� BUILD G t 67 I 3III 1 Ar. LDOG PARK Nai SERVICE GARAGE e e < �'� � to D CHAIN LICK PRICE-TYPED 8 111 JI e liob �ta 1111We 40_ e k 1 IIINI I 116 8 410. ------.8- I- ll EMERGENCY l �' Lit D Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 13 Proposed Site Layout- Northern Portion L---1] 1 I ill I I i 1 1 I I 1 , �� -1 I I BUFFER1PLANTING I \ o� Q/Y��►��+�ocoo:-'ob00000eaeeo '* aw!,V ,,,,,,„& i,—r aoo0000'"'wiM!a!osill oii o.7 i��;reo`'�ilirno%o� .�►� r.�� vaigrAtALWALW Iii " 411010191P r 8 110 7 ^lid rlr alCJa itl 7 11111101 d 16 1. °. W GARAGE TYP 1 CNA L FENCE-,YPE v a° Weep it---1L--0 jt "' G _. 6KD 8 Obi '".r r.��= 4.11 1 1 54Atli !IL TING N3 BUILDING B3 BUILDING H3e I 4 4 0 ilt. PO IN 1- 41,0 STORM POND __.��'�- 1 �-�� . ) iilli `�` l' _ -_-. — 0~ """ 20' DRAM f_l0 WG N3 , ��. C11�� r BUILD • DECK AREA TYP. 6 BUILDING B3 ‘001111 . AO lam',7 � - = r i am„ _- ry _¢__--� -__._- - �uivN LttK,'B,Cf-,tPE v ��`__ FENCE KEY: 2Q INGRESSIEGRE55 EASE G1,AIN LINK MCC-,YPE v ••� CHAIN LW FENCE tYPE D n I Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 14 Site Photos ' !,-,,:.. ‘,,•.t.,,-,,U),. . 4.41.-, . •. -,' 1.• -..-- ' . . „.:: , :„, N„,-„, ,- . • ,-, . , .2; .-,.,./',....'..tip.: :2.2 :i '..'-:l'...,- ,..i -- - ',74ii,'• '.3t,' -. -=.‘. ?-'%. )'. -,:- "--' . -.•.f.E.'`,-; •,;',1 .2 ifir." .- ,„kir:,4,..'-,-. .1:,,,• ,i,-;27. , ,-,1 .''1,,..‘ t .f,-41,... ik*.' ',If iii14, ''!! • it.'.'..' - AY, -- .4..-.'41 . - f.--''. .i,"1,. ,„ '-1---. 0 f;:'''.;, :, :.. ••• ' ,f, '' t,. ,i'',',.. . .y.f.-iiii.:r. l'i! 1 40: ' !Of - it . , • : ' : ,,f'.,':'/.,-ri' • . •.•: 4.Ah. •., 1.'if: - 1,, ': '!„ • .. . ''', '.t. ::`,•j1','L6',1, ' ' 40'.- 1,7,i . !! !i, ,4t.iti2. ....- : ,., 1 . '.. ,, i •"., PA!''.. ' lit: 44!'it ',: ' 'pr, '.4111' ?.,j'idr' , . H e „, . : ,v,i r.11 4 v ,'''' 7,i . :-.. • , . - .'...---- ft 1100 L: 1 ; . ia '. •& . .• , ' i ' —.2..........6...1 4 I ' - ,INNIglikall .21 . .: ... ,.. . .„ .._.... _. .. . ., - - - .:. .--- - if ' - • - it v-;- -:4111 -0111101.- - ' ..f I f,10.11 011 = ... / . 4- . -•V.A .. ';A `,1 i .. , ,...., .,. -.. . ... , ... ..., 0,,P'-'..-:-;•-".-. ..'1 i..,,- ,'''''t 4 1' ----''''''"111111 _.......,ii. ' 4. '..!', ,l'I-JklIKII •-• 4: .....,,, . , • _y . Waif IF" 4,-_-...,.., , ,..,,,,:',,- * ' 411. ,, F r" ... ..- _ ....,, .... . . .. . . ..... . , , ---- ---- . 1111- •- . _.. . . :: 4....... - . ._ "..............„. Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 15 Disclosure Statement Virginia Beach APPLICANT'S NAME Old Dominion Tobacco Company, Inc. 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 FOR CITY USE ONLY/ riru u . rrn t Le.;pd?ted TV{ V 2.4 I r to anrPage 1 of 7 Flannlno Commission and City Council meeting that pertain;to the apt-)1 cat 5 0 APPLICANT NOTIFIED OF HEARING DA"E lifj NO CHANGES AS OF DATE /Z'L/��p REVISIONS SUBMITTED Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 16 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Old Dominion Tobacco Co. Inc 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) Robin Ray, President/Director; Richard Ray, Director; Robert Stiles, Director; Kevin Barney, Executive Vice President; Katherine Hines, Executive Vice President/Secretary;Andrea Turner,Asst. Secretary/Treasurer (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 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n 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 7 Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 17 Disclosure Statement NE3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 18 Disclosure Statement \113,,,„ APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) HAccounting and/or preparer of your tax return X n Architect/Landscape Architect/ Siska Aurand&TS3 P.C. Land Planner n n Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Cf/�I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElCConstruction Contractors R1n Engineers/Surveyors/Agents MSA,P.C. Financing (include current Corporation's banking relationship: n n mortgage holders and lenders SunTrust Bank (/�J selected or being considered to provide financing for acquisition or construction of the property) Cn Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers / S.L.Nusbaum Realty(Property ❑^ C Agents/Realtors for current and Management)/Equity Partners 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 ❑ n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 19 Disclosure Statement jN::-r5-2U1b 15:55 From: To:757 499 0984 F.2'3 Virginia Beach • CERTIFICATION: , I certify that all of the information contained in this Disclosure Statement Fnrm 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, VRDA meeting, or meeting of any public body or committee in connection with this 'Application. _ _� Old ion �},k�cc J p��ny, Ii O1lxra in D. Ray, President At((� Y• ��l`-^� R_ R i Cru OWNER'S SIGNATURE PRINT NAME DATE e Page 5 of 7 Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 20 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) EAccounting and/or preparer of your tax return X nArchitect/Landscape Architect/ Siska Aurand&TS3 P.C. Land Planner C Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I Xpurchaser of the subject property — (identify purchaser(s)and purchaser's service providers) E El Construction Contractors nEngineers/Surveyors/Agents MSA,P.C. Financing(include current Corporation's banking relationship: mortgage holders and lenders SunTrust Bank selected or being considered to provide financing for acquisition or construction of the property) n ❑ Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ H a 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 Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 21 Disclosure Statement 11=!: 29-2016 15:55 From: To:757 499 0984 F.E Virginia Beath 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 heariny, 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. Cyd ion IbJcco pony, Tnrorfziain D. Ray, President aI 111 -I ��/�'�`'i�, UDAT F I PRO w OWNER'S p�NeriJaF PRINT NAME 1. r _ - Paye 7 of 7 744-25-2016 10:01 97% P.12 Old Dominion Tobacco Company, Inc. Agenda Item 10 Page 22 Item#10 Old Dominion Tobacco Company, Inc. Conditional Change of Zoning West of 5400 Virginia Beach Boulevard District 2 Kernpsville June 8, 2016 CONSENT An application of Old Dominion Tobacco Company, Inc.for a Conditional Change of Zoning from I-1 Industrial and B-2 Community Business to Conditional A-18 Apartment District on property west of 5400 Virginia Beach Boulevard, District 2, Kempsville. GPIN: 1467-58-7545-0000; 1467-57-1872-0000, portion of 1467-57-5967-0000. PROFFERS 1. When the Property is developed, it shall be as a 282 unit multifamily residential community substantially in accordance with"THE CONCEPTUAL LAYOUT PLAN OF MEZZO APARTMENT HOMES, VIRGINIA BEACH,VIRGINIA",dated 1/28/16, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan"). 2. When the Property is developed, it will be fenced, landscaped and have entrance signage substantially as depicted and described on the three (3)exhibits labeled "OVERALL FENCING & LANDSCAPING PLAN (Sheets L.1.1, L.1.2 and L.1.3)" and the exhibit labeled "SITE DETAILS" (Sheet SD2-1), prepared by Siska Aurand which are contained in the twelve (12) page development manual entitled "MEZZO Apartment Homes, 5426 VIRGINIA BEACH BLVD.,VIRGINIA BEACH,VIRGINIA", dated 01.30.16 copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(the "Manual"). 3. Vehicular ingress and egress shall be limited to one (1)entrance from the Virginia Beach Boulevard and a second emergency only access via an improved ingress/egress easement across the east side of the Grantor's adjacent property substantially as depicted on the Concept Plan. 4. The total number of dwelling units permitted to be constructed on the Property shall not exceed two hundred eighty-two (282). 5. When the Property is developed,the clubhouse and pool area at the entry to the community shall be developed substantially in accordance with the layout as depicted on the exhibit labeled "SITE PLAN," prepared by TS3 Architects, PC and dated 01.30.16, which is contained in the Manual which shall supersede the Concept Plan in this one area.The Clubhouse shall have the architectural design, appearance and exterior building materials substantially as depicted and described on the three(3) exhibits labeled "CLUBHOUSE ELEVATIONS," "CLUBHOUSE, EXTERIOR FINISH LEGEND" and "CLUBHOUSE RENDERINGS," prepared by TS3 Architects, PC and dated 01.30.16,which are contained in the Manual. Item #10 Old Dominion Tobacco Company, Inc. Page 2 6. When the Property is developed,the Apartment Buildings shall have the architectural design, appearance and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "APARTMENT-RENDERINGS," prepared by TS3 Architects, PC and dated 01.30.16+, as contained in the Manual. 7. 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. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 10. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 10 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 1�cAl IA•Be4c CITY OF VIRGINIA BEACH ,-- a INTER-OFFICE CORRESPONDENCE e,`.''..\!'. _ nom; Op..OUR N'PY:ONS In Reply Refer To Our File No. DF-9545 DATE: June 21 , 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 9DEPT: City Attorney RE: Conditional Zoning Application; Old Dominion Tobacco Company, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 5, 2016. I have reviewed the subject proffer agreement, dated January 30, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom OLD DOMINION TOBACCO COMPANY, INCORPORATED, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of January, 2016, by and between OLD DOMINION TOBACCO COMPANY, INCORPORATED, a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of three (3) contiguous parcels of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 16.12 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has 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 I-1 Industrial District and B-2 Commercial District to Conditional A-18 Apartment 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 Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of GPIN: 1467-58-7545-00oo (Part of) 1467-57-5967-0000 (Part of) 1467-57-1872-0000 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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; and WHEREAS, the Grantor has voluntarily proffered, in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 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 Grantor, for itself, its 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 Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a 282 unit multifamily residential community substantially in accordance with the "CONCEPTUAL LAYOUT PLAN OF MEZZO APARTMENT HOMES, VIRGINIA BEACH, VIRGINIA", dated 1/28/16, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the"Concept Plan"). 2. When the Property is developed, it will be fenced,landscaped and have entrance signage substantially as depicted and described on the three (3) exhibits labeled "OVERALL FENCING & LANDSCAPING PLAN (Sheets L.1.1, L.1.2 and L.1.3)" and the exhibit labeled "SITE DETAILS" (Sheet SD2-1), prepared by Siska Aurand which are contained in the twelve (12) page development manual entitled "MEZZO Apartment Homes, 5426 VIRGINIA BEACH BLVD., VIRGINIA BEACH,VIRGINIA", dated 01.30.16 copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Manual"). 2 3. Vehicular Ingress and Egress shall be limited to one (1) entrance from the Virginia Beach Boulevard and a second emergency only access via an improved ingress/egress easement across the east side of the Grantor's adjacent property substantially as depicted on the Concept Plan. 4. The total number of dwelling units permitted to be constructed on the Property shall not exceed two hundred eighty-two (282). 5. When the Property is developed, the clubhouse and pool area at the entry to the community shall be developed substantially in accordance with the layout as depicted on the exhibit labeled "SITE PLAN", prepared by TS3 Architects, PC and dated 01.30.16, which is contained in the Manual which shall supersede the Concept Plan in this one area. The Clubhouse shall have the architectural design, appearance and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "CLUBHOUSE ELEVATIONS", "CLUBHOUSE, EXTERIOR FINISH LEGEND" and "CLUBHOUSE RENDERINGS", prepared by TS3 Architects, PC and dated 01.30.16, which are contained in the Manual. 6. When the Property is developed, the Apartment Buildings shall have the architectural design, appearance and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "APARTMENT - ELEVATIONS", "APARTMENT EXTERIOR FINISH LEGEND" and "APARTMENT - RENDERINGS", prepared by TS3 Architects, PC and dated 01.30.16, as contained in the Manual. 7. 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. The above conditions, having been proffered by the Grantor 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 3 ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer 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 conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 J1=;H1-c9-2016 15:55 From: To:757 499 0984 F--'- WITNESS the following signature and seal: Grantor: Old l)ominion 'Tobacco Lotrppat'iy, incorporated. a Virginia corporation By: G IPdrat (SEAL) obit D. Ray, President V STATE O1 VTRGTNTA ail OF VA- t CA-c--14 ,to-wit: � sr Th0 foregoing instrument wasa��knol�,�li:dgt��1 before m0 this day of 'el31`,xlir 2016, by Rubins D. Ray, President of Old Dominion Tobacco Company, Incorporated, a Virginia corporation, Grantor. IIIA/elle°°j Notary Public. ?•''•NOTgRj%•.'�� • PUBLIC MY Commission Expires: 56 E �`�' '0 0A'iM :My00#7530136 ® ISSI Notary Registration Number: -7.`,5.3 CI 3 p EXPIRES ON. 15 ,•5/31/2016 CTH OF�\�° 0"MeeeNl• 5 TAN-29-2016 10:01 97% F.0`' EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: ALL THAT certain tract, piece or parcel of land, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, containing 12.24 acres of land, more or less, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, and more particularly described on a plat made by C.A. Bamforth, Surveyor, dated February 1951, entitled "Plat of Property of R.N. & Annie S. Harrison, Part of Section 8, Browne Estate, Princess Anne County, Virginia for P.R. Carkin", which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 26, Page 63, reference to which plat is hereby made for a more particular description of the property. LESS AND EXCEPT a portion of said Property containing 23,865 square feet or 0.55 acres along its southeastern boundary which is more particularly described as follows: BEGINNING at a point on the north right of way line of Virginia Beach Boulevard said point being at its intersection with the property line between property now or formerly owned by 195 Associates, having a current street address of 5444 Virginia Beach Boulevard, Virginia Beach, Virginia (D.B. 2389, P. 803) and property owned by Old Dominion Tobacco Company, Incorporated; thence along the north right of way line of Virginia Beach Boulevard bearing S 59° oo' 00" E, a distance of 244.0' to a point; thence along a line bearing N 27° 10' 30" E, a distance of 842.o' more or less to a point at the TRUE POINT OF BEGINNING of this excepted portion; thence along a line bearing S 59° oo' oo" E, a distance of 347.0' more or less to a point; thence along a line bearing N 17° 02' 39" E, a distance of 92.o' more or less to a point; thence along a line bearing N 62°45' 3o"W, a distance of 332.0' more or less to a point; thence along a line bearing S 27° 10' 30" W, a distance of 70.0' more or less of the True Point of Beginning. TOGETHER with the right of ingress and egress over a twenty foot right of way that runs from the north side of Virginia Beach Boulevard to appoint approximately 898 feet (erroneously stated to be 567.9 feet in the Deed) to the southeast corner of the 12.24 acre tract above described and hereby conveyed, as shown on plat recorded in Map Book 26, Page 63 and in Deed Book 1034, at Page 53. GPIN: 1467-58-7545-000o (Part of) PARCEL TWO: ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being a part of Section #8, as shown on the Plat of the Browne Estate, made by S.F. Day, C.E. in April 1899, duly recorded in the Clerk's Office of the Circuit Court of the City of 6 Virginia Beach, Virginia, in Map Book 1, at Page 5, which portion of said property containing approximately 5.12 acres is more particularly described as follows: BEGINNING at the True Point of Beginning on the north right of way line of Virginia Beach Boulevard said point being at its intersection with the property line between property now or formerly owned by 195 Associates, having a current street address of 5444 Virginia Beach Boulevard, Virginia Beach, Virginia (D.B. 2389, P. 803) and property now owned by Old Dominion Tobacco Company, Incorporated; thence along a line bearing 27° 10' 30" E, a distance of 723.68'to a point; thence along a line bearing 27° 17' 27" E, a distance of 116.12'to a point; thence along a line bearing S 59° 00' 00" E, a distance of 244.90' to appoint; thence along a line bearing S 27° 10' 30" W, a distance of 842.0' more or less to a point on the north right of way line of Virginia Beach Boulevard; thence along the north right of way line of Virginia Beach Boulevard bearing N 59° 00' oo" W, a distance of 244.0' more or less to the True Point of Beginning on the north right of way line of Virginia Beach Boulevard. GPIN: 1467-57-5967-0000 (Part of) PARCEL THREE: ALL THAT certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia, together with the improvements constructed thereon and the appurtenances thereunto belonging, described as follows: Beginning at a point at the northwest corner of Section 8, said point also being the southwest corner of Section 10, and the eastern line of Section 7, as shown on a certain plat entitled "Plan of Browne Estate", dated April 1899, and recorded in Map Book 1, Pages 5A and 5B, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence from said point of beginning and running along the southern boundary of Section 10, Plan of the Browne Estate S 59° oo' oo", 8.00' to appoint; thence turning and running S 27° 10' 00" W, 1,040.00' to a point; thence turning and running S 59° 00' 00" E, 20.00' to a point; thence turning and running S 27° 10' 00"W, 898.00'to appoint in the northern right of way line of London Bridge Turnpike (now known as Virginia Beach Boulevard); thence turning and running along the northern line of London Bridge Turnpike (now known as Virginia Beach Boulevard) as shown on the Plan of Browne Estate N 59° oo' 00" W, 28.00' to a point at the southwest corner of Section 8, which point is the southeast corner of Section 7, Plan of Browne Estate; thence turning and running along the western boundary of Section 8, and the eastern boundary of Section 7, N 27° to' oo" E, 1,938.00' to the point of beginning, containing 0.767 acre, more or less. LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia by instrument recorded in Deed Book 2887, at Page 1652 containing 0.039 acre, more or less. LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia by instrument recorded in Deed Book 3601, at Page 895. GPIN: 1467-57-1872-0000 H:\AM\Conditional Rezoning\Old Dominion Tobacco Do\Proffer.doc 7 K. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA-AT RISK) HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 2040 VISION TO ACTION COMMUNITY COALITION—REQUEST TO ADJUST TERMS WORKFORCE HOUSING 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 ****************************** 07/05/16/tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/21/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS H L W O Y L N AOOOR S 0 R EE ENS NM 100 T R Y S E S D SNND CITY MANAGER'S BRIEFINGS A. Bi-Weekly Pay Patti Phillips Director-Finance B. Interim Financial Report Patti Phillips Director-Finance C. Neighborhood Navigational Phillip Roehrs Dredging Water Resources Engineer—Public Works II/IIUIV CERTIFICATION OF CLOSED CERTIFIED 8-0 Y A Y Y A Y Y Y Y A Y SESSION V.F MINUTES: APPROVED 8-0 Y A Y Y A Y Y Y Y A Y INFORMAL/FORMAL SESSION June 7,2016 V.G FORMAL SESSION AGENDA CONSENT AGENDA V.H MAYOR'S PRESENTATION 1. "Champion for the Arts" Carolyn Garrett,Chair - Arts and Humanities 2. PROCLAMATIONS a. Captain Frank E.Hughlett Day, Frank Hughlett, June 21,2016 Commander-JEB/LC b. Parks and Recreation Month, Michael Kalvort, July 2016 Director—Parks and Recreation c. 100th Anniversary of Fort Story LT.Colonel John W. Penree—Deputy Commander,Joint Expeditionary Base V.I. PUBLIC HEARINGS 1. MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS (SSD): a. Hurd's Cove No Speakers b. Chesopeian Colony Three(3)Speakers V.J.1 Ordinance to AMEND City Code ADOPTED/REVISED 8-0 Y A Y Y A Y Y Y Y A Y Sections 35-64/35-67 re Real BY CONSENT state Taxes for Elderly/Disabled Persons V.J.2 Resolution to RECOGNIZE the 100th ADOPTED 8-0 Y A Y Y A Y Y Y Y A Y Anniversary of Fort Story CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/21/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O YLN A 00 OR S 0 R EE EN S NM I 00 T R Y S E S D SNND V.J.3 Ordinance to AUTHORIZE a ADOPTED,BY 8-0 Y A Y Y A Y Y Y Y A Y Cooperative Agreement between City CONSENT Council/School Board re legal services V.J.4 Ordinance to AUTHORIZE the City ADOPTED,BY 8-0 Y A Y Y A Y Y Y Y A Y Manager to EXECUTE an extension CONSENT of the term of the Ground Lease between the City/Development Authority for the Amphitheater _ V.J.5 Resolution to DECLARE an ADOPTED,BY 7-0 Y A Y Y A Y Y e Y A Y emergency due to accumulation of CONSENT excessive sand for properties along A Sandbridge Beach V.J.6 Resolution to AUTHORIZE a non- ADOPTED 6-1 Y A Y Y A N Y A Y A Y binding Term Sheet for the City View Two project/REQUEST approval of the Term Sheet by the Development Authority/ AUTHORIZE the supplemental project documents _ V.J.7 Ordinances to MODIFY the ADOPTED,BY boundaries/AUTHORIZE a refund CONSENT of SSD Levies: a. Hurd's Cove 8-0 Y A Y Y A Y Y Y Y A Y b. Chesopeian Colony 8-0 Y A Y Y A Y Y Y Y A Y V.J.8 Ordinance to AUTHORIZE ADOPTED,BY 7-1 Y A Y Y A N Y Y Y A Y Agreements between the City/ CONSENT individual property owners re permitting use of the Thalia Transfer Facility for private dredging V.J.9 Ordinances to AUTHORIZE the annual compensation for: a. City Manager ADOPTED 7-1 Y A Y Y A N Y Y Y A Y b. City Attorney ADOPTED 7-1 Y A Y Y A N Y Y Y A Y c. City Clerk ADOPTED 7-1 Y A Y Y A N Y Y Y A Y d. City Real Estate Assessor ADOPTED 7-I Y A Y Y A N Y Y Y A Y e. City Auditor ADOPTED 7-1 Y A Y Y A N Y Y Y A Y V.J.10 Ordinance to APPOINT the Directors ADOPTED,BY 8-0 Y A Y Y A Y Y Y Y A Y of Planning,Public Works/Parks CONSENT Recreation as Viewers re streets or allies being altered or vacated V.J.I 1 Resolution to REQUEST the Hampton ADOPTED,BY 8-0 Y A Y Y A Y Y Y Y A Y Roads Congressional Delegation CONSENT support the Norfolk International Airport's efforts to build a parallel runway V.J.12 Ordinances re the Oyster Heritage Plan: DEFERRED TO JULY 7-0 Y A Y A A Y Y Y Y A Y I. FY2015-16 Budget of Planning: 12,2016,BY a.APPROPRIATE$40,788/ CONSENT T from Fund Balance/and A $16,009 from voluntary contributions b.TRANSFER$3,294 from the D General Fund Reserve for Contingencies c. AUTHORIZE a Grant of $60,091 for Lynnhaven River NOW re oyster recycling/ educational programs/oyster population surveys CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/21/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS H LW O Y L N AOOOR S 0 R EEENSNM I 00 T R Y S E S D SNND d.APPROPRIATE$40,000 to DEFERRED TO JULY 7-0 Y A Y A A Y Y Y Y A Y Public Works re oyster shell 12,2016,BY recycling effective July 1,2016 CONSENT A V.J.13 AUTHORIZE permits allowing EMS agencies to operate in the City: 1. RENEWAL APPLICATIONS: American Lifeline Medical ADOPTED,BY 8-0 Y A Y Y A Y Y Y Y A Y Transport,Inc. CONSENT American Medical Transport,LLC 8-0 Y A Y Y A Y Y Y Y A Y Cardinal Ambulance Service,Inc. 8-0 Y A Y Y A Y Y Y Y A Y Children's Hospital of the King's 6-0 Y A Y Y A Y Y A Y A A Daughters a B s s A A N N E E D D Delta Medical Transport,Inc. 8-0 Y A Y Y A Y Y y Y A Y Emergency Medical Response,LLC 7-0 Y A Y Y A Y Y B Y A Y A Heart Song Care Transport,Inc. 8-0 Y A Y Y A Y Y y Y A Y LifeCare Medical Transports,Inc. 8-0 Y A Y Y A Y Y y Y A Y Medical Transport,LLC 7-0 Y A Y Y A Y Y A Y A Y A Nightingale Air Ambulance 7-0 Y A Y Y A Y Y e Y A Y A Reliance Medical Transport,LLC 8-0 Y A Y Y A Y Y Y Y A Y Robbie's Ambulance Service,Inc. 8-0 Y A Y Y A Y Y Y Y A Y Special Event Providers of 8-0 Y A Y Y A Y Y Y Y A Y Emergency Medicine,Inc. Tidewater Medical Transport,LLC 7-0 Y A Y Y A Y Y a Y A Y A 2. NEW APPLICATIONS: Shore Transport Services,Inc. ADOPTED,BY 8-0 Y A Y Y A Y Y I' Y A Y MB Solutions,LLC CONSENT 8-0 Y A Y Y A Y Y }' Y A Y NuCare Carolina Ambulance,Inc. 8-0 Y A Y Y A Y Y '1' Y A Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/21/2016 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E 1 MSU I P DN OK MMS H L W O Y L N A O O O R S 0 R EE ENSNM I 00 T R Y S E S DSNND V.J.14 Ordinance re Emergency Medical ADOPTED,BY 8-0 Y A Y Y A Y Y Y Y A Y Services: CONSENT 1.APPROPRIATE: a.$21,306 of EMS Training revenue for equipment/supplies b. $16,661 of Special Event revenue to reimburse for previous remissions to Volunteer Rescue Squads for stand-by duty at special events c. $27,516 of Special Event reimbursement revenue to remit funds to Volunteer Rescue Squads for stand-by duty at special events V.K.1 SHERYL SKORD for a Subdivision APPROVED/REVISED/ 8-0 Y A Y Y A Y Y Y Y A Y Variance to Section 4.4(b)at 1217 CONDITIONED,BY Princess Anne Road DISTRICT 7— CONSENT PRINCESS ANNE V.K.2 MARVIN M.ROLLINS,JR/ APPROVED AS 8-0 Y A Y Y A Y Y Y Y A Y GAYLE B.ROLLINS, PROFFERED,BY Modification of Proffers to a CONSENT Conditional COZ from B-2/ Conditional B-2 to Conditional B-2 at 601 Princess Anne Road DISTRICT 7—PRINCESS ANNE V.K.3 BRG CASCADES EAST,LLC APPROVED AS 8-0 Y A Y Y A Y Y Y Y A Y Modification of Proffers to a PROFFERED,BY Conditional COZ from B-2/A-24 to CONSENT PD-H2 DISTRICT 1— CENTERVILLE V.K.4 CHARLES/KELLY PLAZA CUP APPROVED/ 8-0 Y A Y Y A Y Y Y Y A Y (home based Wildlife Rehabilitation) CONDITIONED,BY at 2121 Thackeray Lane DISTRICT 7 CONSENT —PRINCESS ANNE V.K.5 SANITRIA GARDNER CUP(Family APPROVED/ 8-0 Y A Y Y A Y Y Y Y A Y Day-Care Home)at 690 Baal Court CONDITIONED,BY DISTRICT 2—KEMPSVII.1.F CONSENT V.K.6 DIANA WILSON CUP(Family Day- APPROVED/ 8-0 Y A Y Y A Y Y Y Y A Y Care Home)at 1180 Clydesdale CONDITIONED,BY Lane DISTRICT 1—CENTERVILLE CONSENT V.K.7 NORFOLK AIRPORT APPROVED,BY 8-0 Y A Y Y A Y Y Y Y A Y AUTHORITY COZ from R-5D to CONSENT I-1 at Burton Station DISTRICT 4— BAYSIDE V.K.8 CITY COZ re RIO to B-4K/B-2 APPROVED,BY 7-1 Y A Y Y A N Y Y Y A Y to B-4K/0-2 to B-4K/R-5D to B-4K/ CONSENT AG-1 to B-4K Historic Kempsville Area Mixed Use District DISTRICT 2—KEMPSVILLE V.K.9 CITY Ordinance to AMEND the ADOPTED,BY 8-0 Y A Y Y A Y Y Y Y A Y official Zoning Map by the CONSENT designation/incorporation of additional properties into the Historic Kempsville Area Overlay District DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/21/2016 PAGE: 5 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H LW O Y LN A O O O R S 0 R EE ENS NM 100 T R YS E S DS NND V.L. APPOINTMENTS RESCHEDULED,BY 7-0 Y A Y Y A Y Y A Y A Y BIKEWAYS and TRAILS CONSENSUS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HUMAN RIGHTS COMMISSION TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY BOARD BOARD OF BUILDING CODE David M.Hudson 7-0 Y A Y Y A Y Y A Y A Y APPEALS—PLUMBING/ Appointed unexpired MECHANICAL term thru 12/31/18 DEVELOPMENT AUTHORITY Reappointed 4-yr term 7-0 Y A Y Y A Y Y A Y A Y 9/1/16—8/31/20: Peter Mueller Charles Salle' EASTERN VIRGINIA MEDICAL David A.Arias 7-0 Y A Y Y A Y Y A Y A Y SCHOOL—EVMS Reappointed 3-yr term 7/1/16—6/30/19 HISTORIC PRESERVATION Caitlin Jefferson- 7-0 Y A Y Y A Y Y A Y A Y COMMISSION Junior at Kellam H.S. Appointed 2-yr term: 9/1/16—8/31/18 Lucas Anderton, Senior at First Colonial H.S. Appointed 1-yr term: 9/1/16—8/31/2017 INVESTIGATION REVIEW PANEL Susan T.Mayo 7-0 Y A Y Y A Y Y A Y A Y Reappointed 3-yr term 9/1/16—8/31/19 PARKS AND RECREATION Garland G.Payne—for 7-0 Y A Y Y A Y Y A Y A Y COMMISSION Kempsville District Reappointed 3-yr term 9/1/16—8/31/19 PUBLIC LIBRAY BOARD Reappointed 3-yr term 7-0 Y A Y Y A Y Y A Y A Y 9/1/16—8/31/19: Diana LaClaire Kelly Miller REVIEW AND ALLOCATION Edith Weiss 7-0 Y A Y Y A Y Y A Y A Y COMMITTEE—COG Reappointed 3-yr term 9/1/16—8/31/19 WETLANDS BOARD Reappointed 5-yr term 7-0 Y A Y Y A Y Y A Y A Y 9/1/16—8/31/21: Kenneth D.Jobe Richard W. Whittemore(Alternate) V.M/N ADJOURNMENT 7:05 PM /0