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SEPTEMBER 6, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �tyU,.gcy MAYOR WILLIAM D.SESSOMS,JR.,At-Large 4� VICE MAYOR LOUIS R.JONES,Bayside-District 4 �4 ` r M.BENJAMIN DAVENPORT,At Large y, ROBERT M.DYER,Centerville-District I h; j BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large 5'' AMELIA ROSS-HAMMOND,Kempsville-District 2 *r of �,°` JOHN E.UHR N,Beach District 6 OUP M.t 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 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 06 September 2016 MAYOR WILLIAM D. SESSOMS PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:30 PM A. MEDICAID EXPANSION Tom Prevette—Director, Advocacy and Community Relations, Bon Secours Virginia Health B. CERTIFICATE OF PUBLIC NEED Julie Dime—Virginia Hospital and Healthcare Assistant II. CITY MANAGER'S BRIEFINGS: A. LEGISLATIVE PACKAGE Robert Matthias—Assistant to the City Manager B. ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS Douglas Smith—Deputy City Manager C. ARENA UPDATE Douglas Smith—Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms B. INVOCATION: Pastor Thomas Powell Calvary Chapel 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 August 16, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Lease of City Property at 2425 Nimmo Parkway, Building 10 Virginia Beach Bar Association. 2. Allocation of the Byrne Memorial Justice Assistance Grants to: a. Sheriff's Office $40,000 b. Police Department $43,542 c. Community Corrections and Pretrial $13,704 I. ORDINANCES/RESOLUTIONS 1. Ordinance AUTHORIZING the City Manager to EXECUTE a lease with the Virginia Beach Bar Association re space at 2425 Nimmo Parkway, known as the Judicial Center 2. Resolution AUTHORIZING and DIRECTING the City Manager to execute a Memorandum of Agreement pertaining to the Hampton Roads Regional Groundwater Mitigation Program 3. Resolution to AUTHORIZE establishment of Fast Track EMS LLC in Virginia Beach and issue an annual permit providing private ambulance services 4. Resolution INCREASING the membership of the Online Home Sharing Economy Ad Hoc Committee 5. Community Services Board Resolutions: a. RATIFY Amendments to the CSB Bylaws b. AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re Behavioral Health and Developmental Services 6. Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-of-way, known as Pacific Avenue and 21St Street 7. Ordinance REALIGNING revenues and APPROPRIATIONS in the FY 2016-17 Operating Budget of the Department of Human Services 8. Ordinance to ACCEPT/APPROPRIATE: a. $142,365 from the Virginia Department of Behavioral Health and Development Services within the Department of Human Services for the Early Intervention Infant Program b. Grant from the Edward Byrne Justice for Law Enforcement: (1) Sheriff's Office $40,000 (2) Police Department $43,542 (3) Community Corrections and Pretrial $13,704 c. $86,400 Grant from the U. S. Homeland Security for the Fire Department 9. Ordinance to AMEND the Project Page for Capital Project re Energy Performance Contracts Phase II (Schools) and to CHANGE the means of finance. J. PLANNING 1. ATLANTIC PALISADES CONDOMINIUM ASSOCIATION, INC; ARCSTONE, LLC; SKYMARK, LLC; BLUESTONE HOLDINGS, LLC; and SUNSTAR ATLANTIC, LLC Subdivision Variance to Section 4.1 (m) of the Subdivision Regulations at the Southwest corner of 21st Street and Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION APPROVAL 2. KYNDLE CAY, LLC /KYNDLE CAY, LLC/HIGHLAND PARISH COMMUNITY ASSOCIATION, INC. Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at 2283 Salem Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 3. TURNING POINT CHURCH Modification of Conditions to a Conditional Use Permit to ADD street frontage and landscaping at 2641 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 4. B and J LTD. OF VIRGINIA Conditional Change of Zoning from B-1 Neighborhood Business District to R-5R Residential District at Ocean View Avenue, West of Fentress Ave re a single family dwelling DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 5. BIRDNECK STORAGE 2,LLC Conditional Change of Zoning from R-10 Residential District to Conditional I-1 Light Industrial District at 1044/1052/1054 Bells Road to consolidate parcels and redevelop the site DISTRICT 6—BEACH STAFF RECOMMENDATION INDEFINITE DEFERRAL 6. DIRECT INDEPENDENCE GROUP,LLC Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449/457/465 Independence Boulevard to consolidate parcels (Deferred July 12, 2016) DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 7. CHERI Y. HUGHES/IRENE A. GALIOTOS TRUSTEE,ANTHONY S. GALIOTOS REVOCABLE TRUST Conditional Use Permit re Tattoo Parlor in conjunction with a beauty salon at 2955 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 8. THOMAS WILDER/JUAN SUAREZ/ARCH DIXON/JALALADIN MANSOURZADEH Conditional Use Permit to expand Craft Brewery at 2505 Horse Pasture Road DISTRICT 3 —ROSE HALL STAFF RECOMMENDATION INDEFINITE DEFERRAL 9. JENNIFER G. HARRIS /WAHOO LAND, LLC Conditional Use Permit re Specialty Shop within the Historical District at 2397 Liberty Way DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL K. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA—AT RISK) DOMESTIC VIOLENCE FATALITY REVIEW TEAM HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE ONLINE HOME SHARING ECONOMY AD HOC COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 ****************************** 9/6/16/tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS,JR.,At-Large SG• c'y VICE MAYOR LOUIS R.JONES,Bayside-District 4 k M.BENJAMIN DAVENPORT,At Large O 't• ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne District 7 _ `C I S '7 . SHANNON DS KANE,Rose Hall District 3 e R JOHN D.MOSS,At Large ♦� /�, °d AMELIA ROSS-HAMMOND,Kempsville-District 2 °+, - ,- •` JOHN E.UHRIN,Beach-District 6 °x. .00 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 CITY ATTORNEY-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 06 September 2016 MAYOR WILLIAM D. SESSOMS PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:30 PM A. MEDICAID EXPANSION Tom Prevette—Director, Advocacy and Community Relations, Bon Secours Virginia Health B. CERTIFICATE OF PUBLIC NEED Julie Dime—Virginia Hospital and Healthcare Assistant II. CITY MANAGER'S BRIEFINGS: A. LEGISLATIVE PACKAGE Robert Matthias—Assistant to the City Manager B. ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS Douglas Smith—Deputy City Manager C. ARENA UPDATE Douglas Smith—Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms B. INVOCATION: Pastor Thomas Powell Calvary Chapel 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 August 16, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Lease of City Property at 2425 Nimmo Parkway, Building 10 Virginia Beach Bar Association. 2. Allocation of the Byrne Memorial Justice Assistance Grants to: a. Sheriff's Office $40,000 b. Police Department $43,542 c. Community Corrections and Pretrial $13,704 rO` r Ur /h ,:", �4 T,Y li ✓ ll. 4 'aft PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, September 6, 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 the following City-owned property to the Virginia Beach Bar Association: 1)Approximately 215 square feet of space located on the ground floor of 2425 Nimmo Parkway, Building 10,Virginia Beach, VA 23456, known as the Judicial Center If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired call 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 Hodges Fraser,MMC City Clerk BEACON:AUGUST 28,2016 r•, i:.,` it .r ,Iffi as NOTICE OF PUBUC HEARING The Virginia Beach City Council will hold a PUBUC HEARING on the proposed allocation of the Byrne Memorial Justice Assistance Grant from the Department of Justice on Tuesday,September 8,2018,at 8::00 p.m.in the Council Chamber of the City Hall Building(Building#1) Municipal Center, Virginia Beach, Virginia. It is proposed that the$97,246 be allocated for the following law enforcement and criminal justice purposes: Department Project Description Amount Sheriff's Office Software Inmate $40,000 Movement System Police Department Evidence Collection $43,542 Equipment Community Corrections&Pretrial Temporary Part-time $13,704 Staffing TOTAL $97,246 The Edward Byrne Memorial Justice Program allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. If you are physically disabled or visually unpaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303.Hearing impaired,call 711(Virginia Relay-Telephone Device for the Deaf). ' Ruth Hodges ::} . ,. e_ BEACON:AUGUST 28,2016 I. ORDINANCES/RESOLUTIONS 1. Ordinance AUTHORIZING the City Manager to EXECUTE a lease with the Virginia Beach Bar Association re space at 2425 Nimmo Parkway, known as the Judicial Center 2. Resolution AUTHORIZING and DIRECTING the City Manager to execute a Memorandum of Agreement pertaining to the Hampton Roads Regional Groundwater Mitigation Program 3. Resolution to AUTHORIZE establishment of Fast Track EMS LLC in Virginia Beach and issue an annual permit providing private ambulance services 4. Resolution INCREASING the membership of the Online Home Sharing Economy Ad Hoc Committee 5. Community Services Board Resolutions: a. RATIFY Amendments to the CSB Bylaws b. AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re Behavioral Health and Developmental Services 6. Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-of-way, known as Pacific Avenue and 2151 Street 7. Ordinance REALIGNING revenues and APPROPRIATIONS in the FY 2016-17 Operating Budget of the Department of Human Services 8. Ordinance to ACCEPT/APPROPRIATE: a. $142,365 from the Virginia Department of Behavioral Health and Development Services within the Department of Human Services for the Early Intervention Infant Program b. Grant from the Edward Byrne Justice for Law Enforcement: (1) Sheriff's Office $40,000 (2) Police Department $43,542 (3) Community Corrections and Pretrial $13,704 c. $86,400 Grant from the U. S. Homeland Security for the Fire Department 9. Ordinance to AMEND the Project Page for Capital Project re Energy Performance Contracts Phase II (Schools) and to CHANGE the means of finance. f��M G ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five (5) Years with the Virginia Beach Bar Association for Use of Approximately 215 Square Feet of Space Located at 2425 Nimmo Parkway, Building 10, known as the Judicial Center MEETING DATE: September 6, 2016 • Background: The Virginia Beach Bar Association has been leasing office space at the Judicial Center since 2002, and wishes to continue such lease with the City of Virginia Beach for 215 square feet of space located on the ground floor of Building 10, the Judicial Center. The premises will be utilized solely for general office activities and for no other purpose. • Considerations: The initial term of the Lease is one (1) year with four renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice, and the lease is subject to the continued approval of the judge of the Circuit Court pursuant to Va. Code §15.2-1640. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance Summary of Terms Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management PM9 City Manager:hU(_- I" SUMMARY OF TERMS LEASE FOR 215 SQUARE FEET OF SPACE LOCATED AT 2425 NIMMO PARKWAY, BUILDING 10 KNOWN AS THE JUDICIAL CENTER LESSOR: City of Virginia Beach LESSEE: Virginia Beach Bar Association PREMISES: 215 square feet of space located on the ground floor of 2425 Nimmo Parkway, Building 10, known as the Judicial Center RENT: Initial Term — July 1, 2016 — June 30, 2017 - $2,956.47 (plus 3% annual escalation) Renewal Term 1 — July 1, 2017 — June 30, 2018 - $3,045.16 Renewal Term 2 — July 1, 2018 — June 30, 2019 - $3,136.52 Renewal Term 3 — July 1, 2019 — June 30, 2020 - $3,230.61 Renewal Term 4 — July 1, 2020 — June 30, 2021 - $3,327.53 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for general office activities and for no other purpose. • Keep all equipment and improvements placed upon premises in a safe, clean and orderly condition. • Purchase and maintain insurance acceptable to City's Risk Manager. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises, without written prior notice, after it has been determined that an emergency exists. • Lease is subject to continuation of judicial approval as required under Va. Code §15.2-1640. TERMINATION: • City may terminate by giving sixty (60) days' advance written notice, or pursuant to rescission of judicial approval as required by Va. Code §15.2- 1640. VIrOo.a Ba(h APPLICANT'S NAMEV 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 Pike 1 Cf 5 �� Virginia Beach T1 Check here if the APPLIcANT IS NOT a corpVroonn, partne,ship, firm. business, or other unincorporated organization. Check here if the APPLICANTa co,poratmn, parinership, firm, buunex, or other unincorporated organization. ' (A) Li.“ the Applicant's narrf_e ~ ��_ �� &/7�:•!, If an LLC, list all ,nennher'snanve», `-. , _- -- ___-_-_-_-- If COPR)RADOM, list the the names of all nfhceo, directors. nnc,nbrm no»oc*s, etc. below' 'Attach list if necessary,; -_ (B) list the businesses that have aparent-subsidiary ' or affifiated business entity 1 relationship with the Applicant' (4/tmch list if necssaryi �ee next page for nforrrration pertaining to footnotes/ and 2 ~~~~~~~ SECTION 2 / PROPERTY OWNER DISCLOSURE ~~.~.~~~~~-,~,."~ Complete Section 2 onlyComplete Section 1 onlylf prokerty owner is different from Applicant. l Check here if the PROPERTY OWNER IS NOTa corporation, partnersh/p. firm. business, n/ other unincorporated organization. �� m_ Check here if the PROPERTY OWNER /5 a corpo,ation, partnersh'p, firm, buoinexs, or other unincorporated nrqanizadnn. AND THEN, complete the following, --- -/ \/ (A) List the Property Owner's name. l}� u\��Q� ' If an LL[ list the member / - - namps:__ _----- ------- ------ -- ---------- _ __ _ ____ Page 2 'if 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees. etc. below. (Attach list if necessary; (13) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessaryr 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 c:orpordtitirt See State and Local 1:nvernment Conflict of Interests Act, Va Code 5 2 2-3101 2 "Affiliated busmos., relationship" means a relationship, other t,rian parent subsidiari relationship, that exists when ii one business entity has a controlling ownership interest in rhe. other 'nosiness entity lie a controlling owner in one entity is also a controllrg owner in the other entity or 100 thf•r€. :s shared management or control between the business entities factors that should he 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 (Jr personnel on a regular basis or there is otherwise a clese working relationship between the entities See State and Local Coyemenent Conflict of interests Act, Va Code 5 2 2i01 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating ot to be opelated on the Rroperly. If the answer to any item is YFS, please identify the firm or individual providing the service IF THE OWNER AND APPrICANT ARE DIFFERENT, EACH MUST COMPLETE UHF SECTION SEPERATELY Page 3 of 5 �N� w�� Virginia Beach � i - -- ----- - - � ------------------- YES ' NO | SERVICE / PROVIDER (use additional sheets/, __---___ _-_ __-�_�-_�__n�� _-_ vow tax - --1 - --- ----- ---- --- | | '7'1 { Anchixe� / Landscape A,ch�nct / ! ' - � Land Planner � | Contract ha | / F-1 F�1 ~~~�^~`^�^ entify purchaser and purchaser's service providers A [-1 F�l ' ' ^ � � | / . (identify purchaser(s) and | purchaser's service providers) F�l �� Construction �°""=^`".~ F-\ [�� ---------- � �� --- [ - ----------- ---' Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition | | or construction of the property) [-7 [71 Legal ServicesReal Estate Brokers / l - ---------- --------'- --- -------- l � -- ----'----- - ------- -� [- [�l ^ ' anticipated future sales of the subject property � -`- --- ------------------`---^ SECTION 4. KNOWN INTEREST BY PU0KXLUK- OFFICIAL OR EMPLOYEE YES NO or employee[�V*uanofficial - �----------------------------- mf 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' ,ay, 4 of S , 1 0 ill Virginia Beach CERTIFICATION: I certify that all of the information contained in this Dr,cioure 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, VSDA meeting, or meeting of any public body or committee in connection with this ' Application. I APPI '7.41`,I. --)',1c,r“,-.1.,,-,- i PRINT NAMI f)13,i f fI :.. PPOPER i i_AVNEI-? SIC;NATURE ; PRIN1 NAME LA IE %Er "ir ----- MI-- V "I ----‘11 - Pap? 5 of 5 0[ "3: i, -.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing And Directing The City Manager To Execute On Behalf Of The City Of Virginia Beach A Memorandum Of Agreement Pertaining To The Hampton Roads Regional Groundwater Mitigation Program MEETING DATE: September 6, 2016 • Background: Virginia Beach, along with other jurisdictions in Hampton Roads, has participated in a regional groundwater mitigation program since 1994. The Hampton Roads Planning District Commission (HRPDC) administers this program, which has two purposes. The first is to facilitate mitigation payments to owners whose wells have been adversely impacted by municipal pumping. Municipal groundwater permits mandate these payments. The second is to equitably distribute these costs to the various jurisdictions that are operating municipal wells simultaneously. • Considerations: Virginia Beach's regional cost share would be about 21% of the total program cost. In FY 2017, this would be approximately $38,000. Virginia Beach does not own any municipal wells and it would not be assessed any mitigation payments. However, in the unlikely event that Norfolk operates its municipal wells during a drought and Lake Gaston water is not available, Virginia Beach would share any mitigation payments assessed to Norfolk as provided by the water services agreement. • Public Information: This item will be advertised as part of the City Council agenda. • Alternatives: The alternative to participating in the regional groundwater mitigation program is to reject the resolution and not participate. The mitigation program would go forward, but without the City's participation. This would be counterproductive as the regional utilities cooperate on a number of water and wastewater issues that benefit the City. • Recommendations: Adopt resolution authorizing the City Manager to execute the participation agreement. • Attachments: Resolution, Summary of Material Terms, Memorandum of Agreement Recommended Action: Approval Submitting Department/Agency: Public Utilities Dept. City Manager: L. 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY 3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT 4 PERTAINING TO THE HAMPTON ROADS REGIONAL 5 GROUNDWATER MITIGATION PROGRAM 6 7 8 WHEREAS, in August 1994, the Hampton Roads Planning District Commission 9 and its fifteen (15) member jurisdictions entered into an agreement establishing the 10 Regional Groundwater Mitigation Program (the "Program"); and 11 WHEREAS, the City of Virginia Beach has been a participant in the Program 12 since its inception; and 13 WHEREAS, the agreement has expired and must be renewed in order for the 14 Program to continue; and 15 WHEREAS, the purposes of the Program are to provide a mechanism by which 16 persons whose groundwater wells are adversely affected by drawdowns associated with 17 the operation of a public water supply system may seek mitigation of losses caused by 18 such drawdown and to establish an administrative framework used by local 19 governments in Hampton Roads to obtain technical analysis of requests by private 20 groundwater well owners for mitigation; and 21 WHEREAS, since its inception, the Program has been successful in 22 accomplishing its purposes; and 23 WHEREAS, it is in the best interests of the City and its groundwater well owners, 24 as well as the other participating localities and their respective groundwater well 25 owners, to continue the City's participation in the Program; 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the City Manager is hereby authorized and directed to execute, on behalf of 29 the City, the Regional Ground Water Mitigation Program Administration Memorandum of 30 Agreement, a summary of the material terms of which is hereto attached and a copy of 31 which is on file in the City Clerk's Office. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 33 of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Utilities Depa City Attorney's Office CA13802 R-1 August 16, 2016 2 REGIONAL GROUND WATER MITIGATION PROGRAM ADMINISTRATION MEMORANDUM OF AGREEMENT SUMMARY OF MATERIAL TERMS PURPOSE: Renew an agreement that establishes a process by which local governments in Hampton Roads may obtain technical analyses related to requests by private well owners for groundwater mitigation payments in cases of well failures allegedly caused by pumping of groundwater wells by localities Provide a process for handling claims that localities'groundwater withdrawals have caused private well failures PARTIES: Cities: Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson Portsmouth, Suffolk, Virginia Beach, Williamsburg Counties: Gloucester, Isle of Wight, James City, Southampton, Surry, York Other: Hampton Roads Planning District Commission (HRPDC); James City Service Authority TERM: Five (5) years (through December 31, 2020). COSTS: Program costs allocated on a pro-rata basis among the local governments. Base allocation of $3,000 per local government, with balance of annual costs allocated according to the local share of regional population; Virginia Beach share is 21%. The City's cost in FY 2017 would be about $38,000, subject to annual appropriation. DUTIES: HRPDC: • Conduct technical analyses of the impacts of groundwater withdrawals upon request of local governments to determine impacts of a ground water withdrawal. • Develop recommendations for allocation of mitigation responsibilities among the local governments. Provide reports documenting the results of technical analyses to all signatory local governments, and to any mitigation panels that are convened. • Provide other technical support to the signatory local governments for other ground water analyses. Localities: • Serve as point of contact for aggrieved parties. Request mitigation analyses from HRPDC following receipt of a claim, and provide available relevant data to the HRPDC for use in analyses of mitigation claims. • Provide timely technical review of the HRPDC analyses and conclusions. • Establish the appropriate mitigation panels, in accordance with local mitigation plans, to hear appeals of initial mitigation responsibility determinations. REGIONAL GROUNDWATER MITIGATION PROGRAM ADMINISTRATION MEMORANDUM OF AGREEMENT WHEREAS, Section 15.2-1300 of the Code of Virginia enables local governments to enter into cooperative agreements to exercise those powers that each may be enabled to exercise, including conducting technical analyses to support such activities; and WHEREAS, Section 15.2-4200 of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the cities and counties that are signatories to this Agreement have acted, in accordance with Section 15.2-4200 of the Code of Virginia to establish the Hampton Roads Planning District Commission; and WHEREAS, several Towns in the Hampton Roads region operate groundwater based water supply systems and WHEREAS,the Hampton Roads Planning District Commission has been requested and has undertaken various studies to support local government water supply development, including groundwater resource management efforts; and WHEREAS, on behalf of the signatory parties,the Hampton Roads Planning District Commission, has contracted with the U.S. Geological Survey to complete various technical analyses of the region's groundwater resources, including the following efforts: • Development of a methodology for allocating responsibilities for groundwater impacts, as documented in Michael J. Focazio and Gary K. Speiran, Estimating Net Drawdown for Episodic Withdrawals at Six Well Fields in the Virginia Coastal Plain Aquifers, U.S. Geological Survey, Water Resources Investigations Report No. 93-4159, 1992; • Refined description of the aquifer system of the Virginia Coastal Plain and a hydrogeologic framework for groundwater investigation, as documented in E. Randolph McFarland and T. Scott Bruce, The Virginia Coastal Plain Hydrogeologic Framework, U.S. Geological Survey, Professional Paper 1731, 2006; and • Development of the Virginia Coastal Plain Groundwater Model to provide a better tool to understand the groundwater resource through simulation of groundwater withdrawals, drought, and saltwater intrusion, as documented in Charles E. Heywood and Jason P. Pope, Simulation of Groundwater Flow in the Coastal Plain Aquifer System of Virginia, U.S. Geological Survey, Scientific Investigations Report 2009-5039, 2009. WHEREAS, the signatory parties have requested the Hampton Roads Planning District Commission to administer a Regional Groundwater Mitigation Program, on their behalf; and 1 WHEREAS,on August 11, 1994,the signatory parties entered into the Groundwater Mitigation Program Administration Agreement; and WHEREAS, on May 31, 2000, July 5, 2006, and March 18, 2010, the signatory parties extended the Groundwater Mitigation Program Administration Agreement; and WHEREAS, in accordance with the provisions of the August 11, 1994 Agreement, as extended on May 31, 2000, July 5, 2006, and March 18, 2010, the signatory parties have evaluated the Groundwater Mitigation Program and determined that the Program should be continued; NOW THEREFORE, the signatory parties enter into the following Agreement. This Memorandum of Agreement, entered into this 21st day of July, 2016 among and between fifteen local governments in Hampton Roads, the James City Service Authority, and the Hampton Roads Planning District Commission, establishes and extends the Regional Groundwater Mitigation Program. It outlines the roles and responsibilities of each entity in administering and funding the Regional Groundwater Mitigation Program. BASIC PREMISES 1. Some local governments in Hampton Roads operate public water supply wells inside and/or outside of their incorporated boundaries. 2. All local governments in Hampton Roads are interested in ensuring that groundwater drawdown associated with the operation of public water supply wells does not adversely impact the private wells of their citizens. 3. In the case where operation of a public water supply well causes or contributes to groundwater drawdown that renders a well unusable, then mitigation of damages attributable to that drawdown may be sought by the well owner in accordance with local mitigation plans and agreements. 4. This Agreement establishes the administrative framework,which will be used by the signatory parties to obtain technical analysis of requests for mitigation by private well owners or other local governments in Hampton Roads. Financial issues related to these requests are governed by existing interjurisdictional agreements and state-approved Groundwater Mitigation Plans that are separate and distinct from this Agreement. 5. This Agreement will have a term of five years, extending from January 1, 2016 through December 31, 2020. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject to annual renewal. 2 6. Program costs will be allocated on a pro-rata basis among the signatory parties. The annual base buy-in per city or county will be determined each year as part of the HRPDC Directors of Utilities Committee budget planning process. The balance of annual costs will be allocated according to the local share of regional population. The most current estimate of population, developed by the Weldon Cooper Center for Public Service, will be used as the population base for allocating program costs. Local contributions may be escalated annually to reflect program experience and projected HRPDC expenditures. Future private sector and non-Hampton Roads local government participation may provide financial support to the program according to a yet-to-be-determined formula, which will reflect annual program costs. The funding formula will be evaluated on a regular basis by the HRPDC Directors of Utilities Committee and may be adjusted to ensure its continued equitability. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the Hampton Roads Planning District Commission is responsible for the following: 1. Conduct technical analyses of the impacts of groundwater withdrawals. 2. Respond equitably and in a timely fashion to requests from all signatory parties for analyses of the impacts of groundwater withdrawals. The time frame for responses will be based on experience and the complexity of individual cases. 3. Develop a technical guidance document to determine the allocation of impact mitigation responsibilities among the signatory parties. From 1994 to 2015, this determination was based on application of the superpositioning methodology developed by the U.S. Geological Survey for the Hampton Roads Planning District Commission. The methodology is described in Michael J. Focazio and Gary K. Speiran, Estimating Net Drawdown for Episodic Withdrawals at Six Well fields in the Virginia Coastal Plain Aquifers, U.S. Geological Survey,Water Resources Investigation Report No. 93-4159, 1992. Beginning in 2016 or as soon as practicable, the HRPDC staff will apply an analysis approach using the U.S. Geological Survey Virginia Coastal Plain Groundwater Model.The HRPDC technical guidance document will be updated to address the use of the model and future model updates. 4. Provide report(s) documenting the results of the HRPDC technical analysis(es) to all signatory parties. 3 5. In any case where an aggrieved party appeals a local government mitigation determination, provide the HRPDC analysis to the mitigation panel, established under the local government's mitigation plan. However, the HRPDC will not serve as a member of the mitigation panel. 6. Provide other technical support, as requested, to the signatory parties for other groundwater analyses, including support for development of local groundwater withdrawal permit applications and review of other proposed groundwater withdrawals which may impact on groundwater resources in the Hampton Roads region. 7. On request, provide technical staff support, at cost, to signatory parties for data collection (field work), required by that signatory party's permit or mitigation plan, approved by the Virginia Department of Environmental Quality (State Water Control Board). 8. Take steps, in conjunction with the signatory parties,to involve private sector groundwater users in the Regional Groundwater Mitigation Program. Administrative procedures and financial arrangements for private sector and non-Hampton Roads local government participation will be developed in the future, but will reflect the actual cost of the work. LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of this Agreement, the signatory parties are responsible for the following: 1. Serve as the initial point of contact for aggrieved parties. Request mitigation analysis(es) from HRPDC in a timely fashion following receipt of a claim. 2. Provide any locally-generated/collected data on groundwater conditions and well construction that may be useful to HRPDC technical analysis(es). 3. Provide, in a timely fashion, all technical supporting data required by Mitigation Plans, approved by the Virginia Department of Environmental Quality(State Water Control Board)as elements of Groundwater Withdrawal Permits, to the HRPDC for use in analyses of mitigation claims. 4. Provide timely technical review of the HRPDC analysis(es) and conclusions. 5. Support HRPDC efforts to expand the mitigation program to cover all groundwater uses. 6. Establish the appropriate mitigation panels, in accordance with local mitigation plans, to hear appeals of initial mitigation responsibility determinations. 4 PROCEDURE FOR REQUESTING MITIGATION ANALYSES Under this Memorandum of Agreement, the following process will be followed to request HRPDC technical support to address mitigation claims. 1. Aggrieved party contacts the locality of residence. 2. The local government contacts the HRPDC and requests that an impact analysis be conducted. In addition, any signatory parties may request that an impact analysis be undertaken. 3. The HRPDC conducts the analysis, as requested, and advises all signatory parties of the results of the technical analysis(es). 4. This procedure may be modified from time to time with the concurrence of all signatory parties, as represented by the HRPDC Directors of Utilities Committee, in order to improve the efficiency of the mitigation process. SIGNATORIES This Memorandum of Agreement will be executed by the Chief Administrative Officer of each participating local government or service authority and by the Executive Director of the HRPDC. Individual signatory pages are included for each participating locality. CITY OF CHESAPEAKE CITY OF FRANKLIN CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH CITY OF SUFFOLK CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG COUNTY OF GLOUCESTER COUNTY OF ISLE OF WIGHT COUNTY OF SOUTHAMPTON COUNTY OF YORK JAMES CITY SERVICE AUTHORITY TOWN OF SMITHFIELD HAMPTON ROADS PLANING DISTRICT COMMISSION 5 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and service authority and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: DAVE L. HANSEN, CITY MANAGER Date: Date: Attest: `u fs�.., -s J Lx CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Fast Track EMS LLC in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: September 6, 2016 • Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain a permit authorizing its operation. The permit may only be granted by City Council. is Considerations: Fast Track EMS LLC's application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of the establishment and operation of Fast Track EMS LLC in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect, and promote the public health, safety and general welfare. If granted, the permit shall be effective immediately and until June 30, 2017. The City Code, as amended in 2015, provides that permits shall be valid until June 30th the calendar year after issuance. If the applicant remains in compliance and seeks renewal, the renewal will be included with all of the other permit renewals, which are brought to City Council for its consideration each year in June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services 1 City Manager:L. 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF FAST 2 TRACK EMS LLC IN VIRGINIA BEACH AND TO APPROVE 3 AN ANNUAL EMS PERMIT FOR PROVIDING PRIVATE 4 AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-955, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Fast Track EMS LLC; and 17 18 WHEREAS, the request and application has been recommended for approval by the 19 Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Fast Track EMS LLC for the establishment of its emergency 30 medical service in the City of Virginia Beach, and its application for an EMS permit for 31 providing private EMS ambulance services in the City of Virginia Beach is hereby approved 32 and granted, effective immediately and until June 30, 2017. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Medical Services City Attorney's Offic CA13801 R-1 August 15, 2016 om. tom$:3: •mow% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Membership of the Online Home Sharing Economy Ad Hoc Committee MEETING DATE: September 6, 2016 • Background: On August 16, 2016, in response to citizen concerns about the online home sharing economy (such as Airbnb), City Council adopted a resolution establishing the Online Home Sharing Economy Ad Hoc Committee to serve as an advisory body to City Council. The resolution provided that the committee would have up to twelve members. • Considerations: City Council has concluded that expanding the membership of the committee will enable the committee to more fully represent the views and concerns of stakeholders and citizens. This resolution will increase the membership to up to fourteen members. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION REGARDING THE MEMBERSHIP 2 OF THE ONLINE HOME SHARING ECONOMY AD 3 HOC COMMITTEE 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the Online Home Sharing Economy Ad Hoc Committee shall consist of up 9 to fourteen persons. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: 'alGt1;% City Attorney's Offi CA13813 R-1 August 24, 2016 X' ®2i CITY OF VIRGINIA BEACH L AGENDA ITEM ,i ITEM: A Resolution to Ratify Amendments to the Bylaws of the Community Services Board MEETING DATE: September 6, 2016 • Background: The Community Services Board recently completed a comprehensive review of its bylaws, with the assistance of the City Attorney's Office, primarily to ensure that the bylaws are consistent with changes to applicable state law and regulations. During its June 30, 2016 meeting, the Board approved the attached amendments. • Considerations: The bylaws provide that amendments must be reviewed and ratified by the City Council. This resolution ratifies the recent amendments, as set forth in the attached revised bylaws. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution and Revised Bylaws (Exhibit A) Recommended Action: Approval (). Submitting Department/Agency: De:: ment of Human Services City Manager: Tiii i ' 1 A RESOLUTION TO RATIFY RECENT AMENDMENTS TO 2 THE BYLAWS OF THE COMMUNITY SERVICES BOARD 3 4 WHEREAS, the Community Services Board recently completed a comprehensive 5 review of its bylaws; 6 7 WHEREAS, after considering the proposed changes, during its June 30, 2106 8 meeting, the Board approved several amendments to its bylaws; 9 10 WHEREAS, the Board's bylaws provide that amendments to the bylaws must be 11 reviewed and ratified by City Council; and 12 13 WHEREAS, the City Council has reviewed the recommended amendments to the 14 bylaws of the Community Services Board and finds them to be acceptable. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby ratifies the amendments to the bylaws of the 20 Community Services Board, as approved by the Board, and attached hereto as Exhibit 21 "A". Adopted by the Council of the City of Virginia Beach, Virginia, on the , day of , 2016. APPR• 'D AS Te CO NT: APPROVED AS TO LEGAL SUFFICIENCY: / .G Community Services Board City Attorney's Office CA13401 R-2 August 23, 2016 EXHIBIT A BY- LAWS Virginia Beach Community Services Board ARTICLE I - NAME The name of this Board shall be the Virginia Beach Community Services Board, hereinafter referred to as the"Board." ARTICLE II -PURPOSE The purpose of this Board shall be to act as an administrative policy community services board and as the agent of the City of Virginia Beach, Virginia in the establishment and operation of a-community M-mental # health, developmental, and Ssubstance A-abuse pfegrams services as provided for in Chapters 10 and 11 of Title 37.1 Title 37.2 of the Code of Virginia. The Board shall serve as the single point of entry into publicly funded mental health, developmental, and substance abuse services in Virginia Beach. ARTICLE III - MEMBERSHIP AND TRAINING Section 1. The membership of the Board shall consist of net no less than six and no more than eighteen persons approved and members appointed by the City Council of the City of Virginia Beach, Virginia, hereinafter referred to as the "City Council." Prior to making appointments, City Council will disclose the names of those persons being considered for appointment. The membership -shall will be as broadly representative of the community. One-third of the appointments to the Board shall be identified consumers or family members of consumers, at least one of whom shall be a _ -- -_- _ _ _- . individuals who are receiving or who have received services or family members of individuals who are receiving or who have received services, at least one of whom shall be an individual receiving services. No employee of the Board or employee or board member of an organization that receives funding from any community services board may be appointed a member of the Board. Members shall will be appointed in accordance with Virginia Code § --- - - . '- - - '- e - e e - - . - -- 37.2-501. Code of Virginia. Section 2. Vacancies shall be filled for unexpircd terms in the same manner as Section 2. The term of membership will be for three years from January 1 of the year of appointment. No person will be eligible to serve more than three full terms; however, a person first appointed to fill an unexpired term may serve three additional full three-year terms. However, after a one-year period has elapsed since the end of the member's last three-year term, the City Council may reappoint that member. 1 Section 3. Board member vacancies will be filled for unexpired terms in the same manner as original appointments. Section 4. Any Board member may be removed by City Council for cause after being given a written statement of the causes and an opportunity to be heard thereon. Section 5. Board members will receive training on their legal, fiduciary, regulatory, policy, and programmatic powers and responsibilities and an overview of the Performance Contract within one month of their appointment. ARTICLE IV - POWERS AND DUTIES The Board, as an administrative policy board and agent; of the City of Virginia Beach, shall be subject to the laws and regulations relating to s City agencies of that government and shall have the general powers, duties and responsibilities of a Board as outlined in Title 37.1 Virginia Code § 37.2-504. - -- _ -- - . • - - - - - - - - - - - e - •-- shall be: {a} 1. Review and evaluate public and private community mental health, developmental, and substance abuse services and facilities - -• - - -- -- -- - - - - - -• - • - - - -- - - - • • •- - - that receive funds from it throughand advise the City Council as to its findings. (b) 2. Pursuant to Virginia Code § 37.2-508, it submit to the City Council a performance contract for program of community mental health, mental retardation developmental, and substance abuse services and and—fasilities for its approval prior to submission of the contract to the Department of Behavioral Health and Developmental Services (hereinafter referred to as the "DBHDS"). (c) 3. Within amounts appropriated -- - - , - --- - - -' - _° - " - -- - ' - - •__ _ "- __ _ - _ • -_ _ 'ea - _ _ _ _ _ _ _ •_ for this purpose, provide services authorized under the performance contract. (d)4. In accordance with its approved program performance contract, enter into contracts with other providers for the delivery of services or facilities operations of facilities. -_ - - - • _ - _ _ -_ - - _ _. Make policies or regulations concerning the delivery of services and operation of facilities under its direction or supervision, subject to applicable policies and regulations adopted by the Board. (f} 6. Participate with the City in the appointment and annual performance evaluation of an executive director of community mental health, developmental, and substance abuse services who meets the minimum qualifications established by the DBHDS, and prescribe the director's duties. - •- e -- - •-- -- - - --- • - -• -- - e - "DMHMRSAS". The compensation of the executive director shall be fixed by the City Council in consultation with the Board within the amounts made available by appropriation 2 therefor for this purpose. • - _ -- - - -- - -- - • . - - - -- - - - - - • - • • - - (-9--) - -{g) 7. Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the Boardand collection of the same; provided, however, that all fees collected from Board administered programs shall be deposited with the treasurer, City of Virginia Beach provided, further, that such collected • - _ __ _ - 'e e"• -. _ _ •_•_ - - _ _. • __ _ . and establish procedures for the collection of those fees. All fees collected shall be included in the performance contract submitted to the City Council and shall be used only for community mental health, developmental, and substance abuse services purposes. The Board shall institute a reimbursement system to maximize the collection of fees from individuals receiving services under its jurisdiction or supervision, consistent with the provisions of Virginia Code § 37.2-511, and from responsible third party payors. The Board shall not attempt to bill or collect fees for time spent participating in commitment hearings for involuntary admissions pursuant to Article 5 (Section 37.2-814 et seq.) of Chapter 8 of the Code of Virginia. 8. Accept or refuse gifts, donations, bequests, or grants of money or property from any source and utilize them as authorized by the City Council. {#) 9. Seek and accept funds through federal grants. ; - - , _ __- _ _ _ _ _ _ _ • In accepting federal grants, the Board shall not bind the City Council to any expenditures or conditions of acceptance without the prior approval of the City Council. {i) 10. Notwithstanding any provision of law to the contrary, fe disburse funds appropriated to it in accordance with such regulations as may be established by the City Council. {j-) 11. Apply for and accept loans as authorized by the City Council. (t)-12. Develop joint annual written agreements, consistent with policies and procedures established by the State Mental Health, Mental Retardation and Substance Abuse Services Board adopted by the Board, with local school divisions; health departments; boards of social services; housing agencies, where they exist; courts, sheriffs; area agencies on aging; and regional - --- - --- - - - - e • - • ' • --- offices of the Department for Aging and Rehabilitative Services. The agreements shall specify what the services will to be provided to Gef istiMeLFS individuals. All participating agencies shall develop and implement the agreements and shall review the agreements annually. 13. Develop and submit to the DBHDS the necessary information for the preparation of the Comprehensive State Plan for Behavioral Health and Developmental Services 3 pursuant to Virginia Code § 37.2-315. 14. Take all necessary and appropriate actions to maximize the involvement and participation of individuals receiving services and family members of individuals receiving services in policy formulation and services planning, delivery, and evaluation. 15. Institute, singly or in combination with other community services boards or behavioral health authorities, a dispute resolution mechanism that is approved by the DBHDS and enables individuals receiving services and family members of individuals receiving services to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the Board. 16. Notwithstanding the provisions of Virginia Code § 37.2-400 or any regulations adopted thereunder, release data and information about each individual receiving services to the DBHDS so long as the DBHDS implements procedures to protect the confidentiality of that data and information. 01).17. Be-responsibie for carry, Carry out other duties and responsibilities as enumerated in Section 37.1 197 of the Code ofVirginia assigned by the City Council. 18. Comply with all applicable laws and regulations, including but not limited to the Virginia Freedom of Information Act and the Virginia State and Local Government Conflict of Interests Act. ARTICLE V -APPROVAL OF PROPOSED PERFORMANCE CONTRACT FOR MENTAL HEALTH, DEVELOPMENTAL AND SUBSTANCE ABUSE SERVICES Under Section 37.1 198 Pursuant to Virginia Code § 37.2-508, of the Code of V ginia, the City of Virginia Beach, having established the Board and authorized it to may apply for State assistance by submitting annually to the DBHDS the City's --- - _ •- --- - _ - - - - _ _ - - •- - - - • substance--abuse proposed performance contract for the next fiscal year once the performance contract has been (1) approved by the Board and (2) approved by a vote of the City Council._ -_- -- - :-- -' ----- "" - - •- ' -- ' The Board shall make the proposed performance contract will be available for public review and solicit public comment for a period of y 30 days prior to the Board's approval and subsequent submission to the City Council for approval. submitting it for the ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES Section 1. The officers of the Board shall consist of a Chair, Vice-Chair, and Secretary. and Treasurer. who shall be elected at the December meeting of the Board and Section 2. The duties of the Chair shall be: (a) To preside at all meetings of the full Board and Executive Committee.; 4 (b) To appoint establish ad hoc committees and appoint members and name chairs to all committees (excluding the Nominating Committee), • - • - - -- • -e - - - _2- e as deemed necessary for the operation of the Board. -- '• - - - _ •• •• -- •• -•• --- °- (c) To work closely with the Executive Director of the Community Services Board and the City Manager. (d) To perform any other duties determined by the Board in furtherance of Community Services. (e) To ensure that all federal, state and local governments are informed as to the activities of the Board as requested and appropriate. (f) To collaborate with the Executive Director or his/her staff to ensure all meeting minutes are disseminated to Board members and there is Board compliance with the Virginia Freedom of Information Act. (g) To be responsible for the integrity of the Board's process and make decisions about Board process and delegation as provided by these By-Laws. (h) To be responsible for implementation of City Code § 2-3.1(a) of the City of Virginia Beach as it relates to Board member attendance requirements. (i) To serve as ex-officio member of all committees except the Executive Committee and the Nominating Committee. The Chair shall have no authority over the committees in which the Chair is attending as an ex officio member. Section 3. The Vice-Chair shall, in the absence of the Chair, perform the dutiesof the Chair and any other duties assigned by the Board orthe Chair. Section 4. The duties of the Secretary shall be: ensure that accurate records of the Chair and the Vice Chair. (a) To ensure the accuracy, integrity and maintenance of Board documents including records of all meetings of the Board and Executive Committee and a copy of the Board's By- laws, policy manual, and new Board member orientation notebook. (b) To (1) ensure that any closed meeting is held in accordance with the Virginia Freedom of Information Act, including the requirements for a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting, and (iii) makes specific reference to the applicable exemption from open meeting requirements provided in Virginia Code §§ 2.2-3707 or - 3711(A); and (2) ensure that at the conclusion of any closed meeting, the Board immediately reconvenes in an open meeting and takes a roll call or other recorded vote to be included in the Board's minutes certifying that to the best of each Board member's knowledge, (i) only public business 5 matters lawfully exempted from open meeting requirements under the Act and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered during the closed meeting. (c) To perform duties of the Chair in the absence of the Chair and the Vice-Chair. ARTICLE VII - • k • u k • k • k : u • • VACANCIES AND REMOVAL Section 1. The Board shall elect its officers at the December meeting of each year, -- _ _ - - - •- -- -• -- _. A Nominating Committee in accordance with Article IX, Section 2, shall recommend a slate of officers at the Board's meeting one month prior to its election month. Other nominations shall be accepted from any Board member at the time the slate is presented. Section 2. The Board shall elect its officers at the November or December Board meeting, whichever month is the Board's last meeting of the calendar year. A quorum must be present for voting and a vote of two-thirds of members present is required to elect an officer. Section 23. The term of office shall be for one year commencing on the first day of the calendar year or until a successor is elected. No officer may serve more than three consecutive terms in the same office. The election shall be by ballot if there is more than one nominee for the same office. A quorum must be present and voting in order to Section 3 4. Any vacancy occurring in the officers of the Board, regardless of the cause, shall be filled by the Board within 60 days of the vacancy. A quorum must be present for voting and a vote of two-thirds of members present is required. Duration of such appointments shall be limited to the unexpired term of office. Section 5. Officers shall serve at the pleasure of the Board and may be removed after prior notice by a vote of two-thirds of members present at any regular meeting of the Board. An officer may resign at any time by giving written notice to the Board or the Board Chair. Any such resignation shall take effect on the date of the receipt of such notice or at any later time as specified in the note. ARTICLE VIII -MEETINGS AND ATTENDANCE Section 1. The Board shall adopt an annual meeting schedule that reflects, at a minimum, the frequency of meetings required by the Performance Contract. The regular Board meetings shall be held at a time and place to be determined by the Board and pursuant to the requirements of the Virginia Freedom of Information Act. If the Board chooses The Board may vote to cancel a scheduled meeting - . _ _ - • _ - • _ _ _ _ - _ - _ - _ - _ •_ _- _ . or the Board's Chair, in consultation with the Executive Director, may cancel a scheduled meeting. Public notice will 6 be given of the cancellation of any Board meeting. Section 2. Special meetings of the Board may be called by the Chair or upon written request of three members. Section 3. The quorum for all Board meetings shall be the majority of the total appointed Board members. Section 4. As required by City Code § 2-3.1, no Board member shall accumulate an annual total of more than three absences, or be absent from more than one-fourth of the total number of meetings held within a given calendar year, for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. Additionally, if a member knows in advance that he or she is unable to attend a meeting for any reason, the member should promptly inform the Chair or the appropriate City staff member, so the Chair can determine in advance if a quorum will be present. ARTICLE IX-STANDINGCOMMITTEES Section 1. There shall be a standing Executive Committee composed of the Board's three officers. In addition, the Board's chair, in accordance with Article VI, Section 2-6 b, may appoint to the Executive Committee an at-large member providing the Board is notified of the appointment. The duties of the Executive Committee include but are not limited to the following: 1. EXECUTIVE COMMITTEE (a) Establishing Board agenda; (b) Acting on the Board's behalf when directed to do so by the Board; (c) Provide meeting notes and any recommendations of the Committee to the Board; (d) _ •_- e - - _ -_ _ _ - _ - . Prepare in collaboration with staff and with review and approval by Board members, Board policies that comply with the Performance Contract; (e) Plan for and participate in the orientation of new Board members; and (e) Identify, in collaboration with staff, Board member educational and training topics. 2. FINANCE 7 (b) - •- - -- - - -- - -- - - • - _ -- , (c) - • - _ -- -, - -- -_ - - • - - - - • -- - - - • - - (d) ' - - - - ' - - - '-- . ..- - - - • - ._ _ z •- ••• -- _ -- _-- - Section 2. A Nominating Committee shall be constituted annually for the purpose of nominating a slate of officers. The Committee shall consist of at least three members and shall be appointed by a vote of the Board two months prior to the Board's annual election of officers. The Committee's slate of officers shall be presented to the Board one month prior to the Board's annual election of officers. Section 3. The Board's chair in accordance with Article VI, Section 2-6, may appoint ad hoc Board committees and prescribe the term, powers, and duties of ad hoc committees as may be necessary or useful in the conduct of the business of the Board. The Chair of an ad hoc committee shall be responsible for providing to the Board notes from committee meetings and ensuring compliance with the Freedom of Information Act. Ad hoc committees should report back to the full Board. ARTICLE X -OPERATING PROCEDURES The Board, in carrying out its powers and duties in accordance with Article IV of these By-Laws, shall utilize the following operating procedures: (a) All employees of directly operated programs shall be subject to the personnel policies and procedures of the City of Virginia Beach. Additionally, the Board hereby adopts the City of Virginia Beach's grievance procedure. (b) Pursuant to Virginia Code § 37.2 - 501 of the Code of Virginia, legal services to the Board shall be provided by the City Attorney's Office. (c) The City Treasurer shall receive those funds designated to the Board. (d) The City of Virginia Beach Director of Finance shall serve as the Board's fiscal agent. The City of Virginia Beach shall receive an independent annual audit of the total revenues and expenditures - •- _ - - - •- _ -- - - • - . - -- - - . of the Board, a copy of which shall be provided to the DBHDS. (e) The Board shall comply with the City of Virginia Beach policies and procedures for purchasing equipment and supplies. (f) The Board may, following review by the City of Virginia Beach Director of Finance as to availability of funds and the City Attorney as to appropriate legal form, enter into such agreements and contracts as are necessary to carry out its approved programs. (g) The Board shall be authorized to may revise its budget categories to meet 8 program needs as provided in the budget ordinances of the City of Virginia Beach. When a budget revision is necessary, the Board Executive Director shall submit the request in writing to the City Finance Department prior to Board consideration of the proposed change. The Finance Department will review the request for conformance to the City's fiscal rules, regulations and budget ordinances and will notify the Executive Director that the request is in compliance with these rules and regulations or, if not, why not and what procedures need to be followed to achieve compliance. (h) The Board shall be authorized to allocate all agency revenues in accordance with DBHDS guidelines and in compliance with the policies of the City of Virginia Beach. ARTICLE XI - ROBERTS RULES OF ORDER Roberts Rules of Order, Newly revised, shall govern the conduct of all Board proceedings unless inconsistent with these By-Laws, in which case these By-Laws shall govern. ARTICLE XII - PREVAILING AUTHORITY In the event of any conflict between any provision of these by-laws and any provision of state lay of City ordinance, the provision of state law or the City ordinance (in that order of precedence) shall supersede such by-laws provisions. Additionally, if any Virginia Code or City Code section cited herein is amended subsequent to the approval of these by-laws, references to those code sections shall be interpreted to be references to the most recently amended version of those code sections. ARTICLE XII XIII — BY- LAWS The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of the membership, notice having been submitted to each Board member in writing two weeks prior to the meeting. Such amendments shall then be reviewed and ratified by the City Council. 9 [ ,....Z-4k,k to# Si s*, '''.4.,.' ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract between the Virginia Beach Community Services Board and the Commonwealth MEETING DATE: September 6, 2016 • Background: Annually, the Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for mental health, developmental, and substance abuse services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities and requires localities to match a minimum of 10% of the total amount of state and local funds (Code of Virginia § 37.2-509). The contract specifies the services to be provided by the CSB and the costs of those services, includes all revenues used to support the services, lists state and federal statutory and regulatory requirements applicable to the CSB, and contains outcome and performance measures for the CSB. • Considerations: Pursuant to Code of Virginia § 37.2-508, the contract provides a substantial amount of funding needed to maintain important CSB services. This funding has previously been appropriated by the State in its FY 2016-17 Operating Budget ($9,279,744 in State Funds and $2,055,644 in Federal Pass-Through) as well as the City in the FY 2016-17 Operating Budget of the Human Services Department. The funding sources supporting the $56,699,225 contract consist of $24,818,403 in fee revenue, $17,011,964 in general funds local match, $11,747,762 in current year state revenue, $2,150,814 in federal revenue, $431,749 in state retained earnings and $538,533 in revenue from other sources. This plan was approved by the CSB at a meeting on August 18, 2016. • Public Information: This item will be advertised as part of the normal Council agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. • Recommendations: Approval of Resolution • Attachments: Resolution and Performance Contract Summary (Exhibit A) Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: (i 1 A RESOLUTION APPROVING A CONTRACT 2 BETWEEN THE COMMUNITY SERVICES BOARD 3 AND THE COMMONWEALTH 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby approves Fiscal Year 2016-17 Performance Contract 9 between the City of Virginia Beach Community Service Board and the Virginia Department 10 of Behavioral Health and Developmental Services (a summary of which is attached as 11 Exhibit A), which provides State-controlled performance contract funding to the Community 12 Service Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ba g 9ud et a Mement Services • ' •rney's Office CA13811 R-1 August 24, 2016 FY 2017 Community Services Performance Contract FY 2017 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-8) I Funding Sources I Mental Health IDevelopmentali Substance TOTAL j 1 Services 1 Services I Abuse I I L_______...__.__ j __-._... Services ___-_ State Funds i 8,675,825 1 848,315 j 2,223,622 11,747,762 1 -k iLocal Matching Funds 9,329,244 1 7,682,720 0 17,011,964 I Total Fees 5,183,6401 19,200,010 434,753 24,818A03 Transfer Fees In/(Out) i 0 0 I0 0 i Federal Funds 334,332 0 j 1,816,482 2,150,814 Other Funds 104,468 I 380,000; 54,065 5-3-8-5--, 33 H State Retained Earnings 318,807 112,942 0 431,749 Federal Retained Earnings 0 0 0 r Other Retained Earnings 0 0' 0 0 I— Subtotal Ongoing Funds 23,946,316 28,223,987 4,528,922 56,699,225 State Funds One-Time 0 Federal Funds One Time 1 0 0 01 Subtotal One-Time Funds 0 0 00I TOTAL ALL FUNDS 23,946,316 28,223,987 4,528,922 56,699,225 1 ------ ---- 1 Cost for MH/DV/SA Services 22,376,190 1 27,788,737T 2,817,008 52,981,935; [ � i Cost for Emergency Services(AP-4) 2,122,687 Cost for Ancillary Services (AP-4) 1,594,6031 Total 56,699,225 Local Match Computation L CSB Administrative Expenses Total State Funds 11,747 762 i Total Admin. Expenses 5,938,2961 Total Local Matching Funds 17,011,964 I — Total Expenses 1 56,699,225 Total State and Local Funds 28,759,726 1 I Administrative Percent i 10.47%i Total Local Match% 59-15%1 (ocal/Total State+Local) 1 Report Date 7/1/2016 AF-1 FY2017 Community Services Performance Contract Exhibit A: Resources and Services Virginia Beach Community Services Board Financial Comments Commentl IMH Other Federal-CSB=$28,600 Senior Services of Southeastern VA(SEVAMP) Comment2 I and$4fi,570 USDA — I Comment3 CMN Expanded Community Capacity=$302,709 HNN CSB and$93,250 WTCSB Comment4 MH Other Funds=anticipated mid-year MH Federal PATH award of$104,468 —... .. —J Comments MH State Retained Earnings=$318,807 FY 2015 MH PACT IComment6 DV Other Funds=Department for Aging and Rehabilitative Services(DARS) [Comment7 DV State Retained Earnings=$112,942 FY 2015 Rental Choice Comment8 SA Other Federal-CSB=$20,000 DOH HIV Comment9 Comment]0 Commend l Comment-121 1 Comment13 Contmentl4 1 fCommentl S Commentl6 fCommentl 7 Comment18 Commentl9 Comment20 Comment2l 1Comment22 Comment23 1 liComment2 �Comment2S I i I Report Date 7/1/2016 AF-2 FY 2017 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 3,846,735 MH Fees:Other 1,336,905 Total MH Fees 5,183,640 MH Transfer Fees In/(Out) 0 MH Net Fees 5,183,640 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 221,924 MH FBG Young Adult SMI(93.958) 0 MH FBG SMI(93.958) 14,757 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MH FBG SMI Funds 14,757 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 14,757 MH Federal PATH(93.150) 22,481 MH Federal CABHI(93.243) Federal CCBHC(93.829) 0 MH Other Federal-DBHDS 0 MH Other Federal-CSB 75,170 Total MH Federal Funds 334,332 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 MH Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 647,347 MH Net Regional DAP-Restricted 647,347 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization-Restricted 794,934 Report Date 7/1/2016 AF-3 FY 2017 Community Services Performance Contract Financial Summary Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH Total Regional Transfer In/(Out) 0 Total MH Net Unrestricted Regional State Funds 1,468,833 Total MH Net Regional State Funds 2,911,114 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient 75,000 Total MH Restricted Children's Funds 413,661 MH State Children's Services 25,000 MH Juvenile Detention 111,724 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 136,724 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 119,369 Total MH Net Restricted Crisis Response&Child Psychiatry 119,369 Total State MH Children's Funds(Restricted for Children) 669,754 Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 241,670 MH Adult Outpatient Competency Restoration Srvs 0 MH CIT-Assessment Sites 150,857 MH Expand Telepsychiatry Capacity 0 MH Young Adult SMI 0 MH PACT 850,000 MH PACT-Forensic Enhancement 200,000 MH PSH-CABHI 0 MH Permenant Supportive Housing(Non-CABHI) 0 CCBHC-State Portion 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 395,959 Total MH Net Expanded Community Capacity 395,959 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total MH Net First Aid and Suicide Prevention 0 Total MH Restricted Other State Funds 2,266,225 Report Date 7/1/2016 AF-4 FY 2017 Community Services Performance Contract Financial Summary Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH State Funds 2,828,732 MH State Regional Deaf Services 0 MH State NGRI 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 2,828,732 Total MH Other State Funds 5,094,957 TOTAL MH STATE FUNDS 8,675,825 OTHER FUNDS MH Other Funds 104,468 MH Federal Retained Earnings 0 MH State Retained Earnings 318,807 MH State Retained Earnings-Regional Prog 0 MH Other Retained Earnings 0 Total MH Other Funds 423,275 LOCAL MATCHING FUNDS MH Local Government Appropriations 9,329,244 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 9,329,244 Total MH Funds 23,946,316 MH ONE TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH State Funds 0 Total One Time MH Funds 0 Total MH All Funds 23,946,316 Report Date 7/1/2016 AF-5 FY 2017 Community Services Performance Contract Financial Summary Exhibit A:Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Other Medicaid Fees 7,651,977 DV Medicaid ICF/ID 10,883,403 DV Fees:Other 664,630 Total DV Fees 19,200,010 DV Transfer Fees In/(Out) 0 DV NET FEES 19,200,010 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 813,942 DV OBRA 34,373 Total DV Unrestricted State Funds 848,315 DV Rental Subsidies 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer In(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In(Out) 0 DV Net Crisis Stabilization-Children 0 Total DV Restricted State Funds 0 Total DV State Funds 848,315 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 380,000 DV State Retained Earnings 112,942 DV State Retained Earnings-Regional Prog 0 DV Other Retained Earnings 0 Total DV Other Funds 492,942 LOCAL MATCHING FUNDS DV Local Government Appropriations 7,682,720 DV Philanthropic Cash Contributions 0 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 7,682,720 Total DV Funds 28,223,987 AF-6 Report Date 7/1/2016 FY 2017 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse(SA)Services Virginia Beach Community Services Board Funding Sources Funds FEES SA Medicaid Fees 399,476 SA Fees:Other 35,277 Total SA Fees 434,753 SA Transfer Fees In/(Out) 0 SA NET FEES 434,753 FEDERAL FUNDS SA FBG Alcohol/Drug Trmt(93.959) 985,968 SA FBG SARPOS(93.959) 65,231 SA FBG Jail Services (93.959) 165,147 SA FBG Co-Occurring(93.959) 34,574 SA FBG New Directions(93.959) 0 SA FBG Recovery(93.959) 0 Total SA FBG A/D Trmt Funds 1,250,920 SA FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 SA FBG Prevention-Women(LINK)(93.959) 0 Total SA FBG Women 187,279 SA FBG Prevention(93.959) 276,020 SA FBG Prey-Family Wellness(93.959) 82,263 Total SA FBG Prevention 358,283 SA Federal CABHI(93.243) 0 SA Federal Strategic Prevention(93.243) 0 SA Other Federal-DBHDS 0 SA Other Federal-CSB 20,000 TOTAL SA FEDERAL FUNDS 1,816,482 STATE FUNDS Regional Funds SA Facility Reinvestment(Fiscal Agent) 0 SA Facility Reinvestment Transfer In/(Out) 476,036 SA Net Facility Reinvestment 476,036 Other State Funds SA Women(includes LINK at 4 CSBs)(Restricted) 1,800 SA Recovery Employment 0 SA Peer Support Recovery 0 Total SA Restricted Other State Funds 1,800 AF-7 Report Date 7/1/2016 FY 2017 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse(SA)Services Virginia Beach Community Services Board Funding Sources Funds SA State Funds 1,408,686 SA Region V Residential 131,215 SA Jail Services/Juv Detention 27,216 SA MAT-Medically Assisted Treatment 0 SA SARPOS 76,097 SA Recovery 0 SA HIV/AIDS 102,572 Total SA Unrestricted Other State Funds 1,745,786 Total SA Other State Funds 1,747,586 TOTAL SA STATE FUNDS 2,223,622 OTHER FUNDS SA Other Funds 54,065 SA Federal Retained Earnings 0 SA State Retained Earnings 0 SA State Retained Earnings-Regional Prog 0 SA Other Retained Earnings 0 Total SA Other Funds 54,065 LOCAL MATCHING FUNDS SA Local Government Appropriations 0 SA Philanthropic Cash Contributions 0 SA In-Kind Contributions 0 SA Local Interest Revenue 0 Total SA Local Matching Funds 0 Total SA Funds 4,528,922 SA ONE-TIME FUNDS SA FBG Alcohol/Drug Trmt(93.959) 0 SA FBG Women(includes LINK-6 CSBs)(93.959) 0 SA FBG Prevention(93.959) 0 SA State Funds 0 Total SA One-Time Funds 0 Total All SA Funds 4,528,922 Report Dote 7/1/2016 AF-8 FY 2017 Community Services Performance Contract Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 17,011,964 Total Local Government Tax Funds: 17,011,964 Report Date 7/1/2015 AF-9 FY 2017 Community Services Performance Contract FY 2017 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Revenues and Utilization Data Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SA Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 23,946,316 28,223,987 4,528,922 56,699,225 Cost for MH,DV,SA,Emergency, 22,376,190 27,788,737 2,817,008 2,122,687 1,594,603 56,699,225 and Ancillary Services(Page AF-1) Difference 1,570,126 435,250 1,711,914 -2,122,687 -1,594,603 0 Difference results from Other: 0 Explanation of Other in Table Above: Report Date 7/1/2016 AF-10 FY 2017 Community Services Performance Contract FY 2017 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 40.84 FTEs 3110 $5,922,194 1350 Assertive Community Treatment 11.33 FTEs 53 $1,544,894 1320 Case Management Services — -----------__ _.. - ----- - ..-53.68 FTEs---- 1736 $5,320,334 410 Day Treatment or Partial Hospitalization 60 Slots 210 $700,073 1420 Ambulatory Crisis Stabilization Services 10 Slots 94 $334,390 'x425 Mental Health Rehabilitation 175 Slots 412 $2,769,882 460 Individual Supported Employment 4.55 FTEs 50 416,329 501 Highly Intensive Residential Services 4 Beds 5 $152,666 1510 Residential Crisis Stabilization Services 13 Beds 419 $2,497,040 [521 Intensive Residential Services 3 Beds 4 $108,425 1551 Supervised Residential Services 32 Beds 35 $1,249,512 f i 581 Supportive Residential Services 18.3 FTEs 175 $1,360,451 Totals 6,303 $22,376,190 Form HA:Pharmacy Medication Supports Number of Consumers 803 Total Pharmacy Medication Supports Consumers 1500 Report Date 7/1/2016 AP-1 FY 2017 Community Services Performance Contract FY 2017 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 1310 Outpatient Services 4.2 FTEs 20 $409,638 !_ _....._ ---.-.---.-_- __-_.._..____ --._.__.._-_-____.-- 320 Case Management Services 26.45 FTEs 800 $3,041,238 i {425 Developmental Habilitation 211 Slots 211 $4,543,753 '__-- ---__._.._.---- --......._......---- 465 Group Supported Employment 27 Slots 39 $690,004 1460 Individual Supported Employment 7.7 FTEs 185 $583,849 1501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 47 Beds 47 $12,202,211 1521 Intensive Residential Services 25 Beds 25 $3,056,826 i 551 Supervised Residential Services 4 Beds 4 $340,289 1581 Supportive Residential Services 39.7 FTEs 72 $2,920,929 i Totals 1,403 $27,788,737 Report Date 7/1/2016 AP-2 FY 2017 Community Services Performance Contract FY 2017 Exhibit A: Resources and Services CSB 300 Substance Abuse Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs {310 Outpatient Services 3.75 FTEs 153 $534,259 320 Case Management Services 3.2 FTEs 33 $316,607 410 Day Treatment or Partial Hospitalization 5 Slots 29 $153,307 -- ---------------- -_.---------.._.....__- 1501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 98 $361,890 521 Intensive Residential Services 4 Beds 5 $482,520 581 Supportive Residential Services 2.38 FTEs 15 $163,348 610 Prevention Services 9-25 FTEs $805,077 L Totals 333 $2,817,008 Report Date 7/1/2016 AP-3 FY 2017 Community Services Performance Contract FY 2017 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs :100 Emergency Services 17.13 FTEs 3130 $2,122,687 1318 Motivational Treatment Services 5.8 FTEs 1012 $870,539 1390 Consumer Monitoring Services 4.25 FTEs 240 $481,056 720 Assessment and Evaluation Services 2 FTEs 909 $243,008 J Totals 5,291 $3,717,290 Report Date 7/1/2016 AP-4 FY 2017 Community Services Performance Contract Table 1: Board of Directors Membership Characteristics Name of CSB: [Virginia Beach Community Services Board Total Appointments: I 15 1 Vacancies: j 0 j Filled Appointments: -_ 15 Number of Individuals Who Previously Receives Services: 0} Number of Individuals Currently Receiving Services: Number of Family Members: L7 Report Date 7/1/2016 AP-5 O Z E L ,--- N M N ^ N •-. N •--, •--- ^ M .-, M M Y H 03 t` to 1 00 00 N 01 N VD N 00 03 A O 0 0 0 0 0 O O O O O O O O O ,O N N N N N N N N N N N N N N N L' M M M M M M M M M M M M M M M W N N N N N N N N N N N N N N N .� — 00 Oen _ v', ,:I- V' 'C d- 0, C' 'C 00 AO O O O O O O O O O O 0 O O 00 .., N N N N N N N N N N N N N N N ^ ` V en CO 1.4 ..... � eR N COZON — te - N \ �-' + 01 +n N L co _ ,O en en 00 en en to �--N N-tr N en en in O 00 e+ M �' M d' — M it.:,. N CY M M M 00 4.0 r„) 01 �D �T O O 00 N CO00 10 M N D 00 10 O a, N 00 N M 00 01 ,-- O 0, L L"--- N N N O O, 00 00 .O v1 N 0, O\ N 1�1 0, In N �O N M O- 00 Nf en N C- N Q- O� N �„� O, en �' � �' 'Cr � Ct' t� M en cl' e7' �t rh V' Q ¢. O -. r` n r, r, .-1 r, r, /\ r, r s r, h u7 to In ken kr) kr) N V1 kento U ,.=� In N t� t� t� N N N t� t� N N t� tom. t-- N G CC > N az O 0 co N Etn. MN 4.1 r4Oen a) d. OIn, ¢ en en 0 C? N M N tel EZ J..• it vs ..4. N - > ¢ k Q N ¢ N en n to. VNQAmbV N M N > N00 (n N ¢ O LIN < a" M ¢ > Uv co > > N > 0 > v o NI > GQ N ¢ . A E Pv 1 pp ca > co . -•,-.-; f .a ; > O � QO Ca '5 . BPA U ¢ - ' > °° ° m � > > , ' . a . , a� .� o • U U m C) a ani o o Q en 01 en O N O O VD O Ill MN 00 ,n N N O Cr WI V' N N vi en en N •"" N M 'C N en v) 10 10 cn in .-, N ' vi .-- W.4 W ! ! 4 ! VD, O C) }, N N •� N. 0 c. N 4 Q U .' o q s) = A �I I> rz.- ' I o ...-o ccs r , _ , > °' W dv)o , a U .a oC7 +0 0 FY 2017 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2017 Table 2a: FY 2017 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $106,398.00 $163,843.00 $160,108.00 3.00 Table 2: Integrated Behavioral and Primary Health Care Questions 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2.If yes,who is the partner? ❑ a federally qualified health center I ' Name: ❑ a free clinic Name: El a local health department,or Name: ❑ another organization Name: 3.Where is primary health (medical)care provided? ❑ on-site in a CSB program, ❑ on-site at the primary health care provider,or ❑ another site--specify: 4.Where is behavioral health care provided? ❑ on-site in a CSB program, ❑ on-site at the primary health care provider,or ❑ another site--specify: Report Date 7/1/2016 AP-7 FY 2017 Community Services Performance Contract Virginia Beach Community Services Board Table 2: Board Management Salary Costs Explanations for Table 2a Table 2b: Community Service Board Employees 1. 2. 3. 4. 5. 6. 7. No.of FTE CSB Employees MH DEV SA SAOPA ADMIN TOTAL Consumer Service FTEs 177.04 331.36 27.02 29 18 ,, 564.60 Peer Staff Service FTEs 3.00 0.00 0.00 0.00. sw^,;_-; 3.00 Support Staff FTEs 42.29 45.30 5.13 9.42 76.69 178.83 TOTAL FTE CSB Employees 222.33 376.66 32.15 38.60 76.69 746.43 Report Date 7/1/2016 AP-8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of City rights- of-way known as Pacific Avenue and 21st Street, located adjacent to 209 21st Street MEETING DATE: September 6, 2016 • Background: Ocean Horizon Properties, L.C., a Virginia limited liability company, has requested permission to maintain the following existing encroachments and to construct and maintain the following proposed encroachments: • Building walls, which encroach up to 0.65' on Pacific Avenue and 0.36' on 21st Street (existing) • Emergency exit door swing on Pacific Avenue (existing) • 3' tall wrought-iron style metal fencing 8' into 21st Street (minimum 8' pedestrian way is maintained) (proposed) • Wall sign encroaching 1.12' on 21st Street. (proposed) Additionally, this property is within the Oceanfront Resort District Form-Based Code (ORDFBC). As such, there are encroaching features that the Council has previously authorized the use of administrative approval. These features include cornices, canopies, and façade treatments. These improvements will add articulation to the building and activity on the street, both of which improve the pedestrian environment. This is one of the primary goals of the Resort Area Strategic Action Plan (RASAP), which regulates development in this area. • Considerations: City Staff has reviewed the requested encroachments and found no conflicts with existing or planned improvements for Pacific Avenue. Staff recommends approval, subject to certain conditions outlined in the Agreement. City records show the building was built in 1948 and was built over the property line. Encroachments for buildings are not favored; however due to the length of time of the encroachment, City staff nevertheless recommends approval. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachments, or add conditions as desired by Council. • Recommendations: Approval. ■ Attachments: Disclosure Statement, Agreement, Plat, Pictures/Renderings, Location Map and Ordinance Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate LIG c;IPtt City Manager: 7-1(4 L, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF CITY RIGHTS-OF-WAY 6 KNOWN AS PACIFIC AVENUE AND 21ST 7 STREET, LOCATED ADJACENT TO 209 21ST 8 STREET 9 10 WHEREAS, Ocean Horizon Properties, L.C., a Virginia limited liability 11 company ("Ocean Horizon"), requests permission (i) to allow its existing building with an 12 emergency exit door swing, and (ii) proposed improvements consisting of 3'-high fencing 13 (to encroach 8' into the right-of-way), 0.3' façade treatments and wall signs to encroach 14 into and upon a portion the City's rights-of-way known as Pacific Avenue and 21st Street 15 located adjacent to 209 21st Street. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ocean Horizon, its heirs, 26 assigns and successors in title are authorized to maintain temporary encroachments for the 27 existing building wall, existing emergency exit door swing, proposed fencing and proposed 28 wall sign in the City's rights-of-way as shown on the map entitled: "ENCROACHMENT 29 EXHIBIT FOR LOT-21 &THE WESTERN HALF OF LOT-19; BLOCK-51 AS SHOWN ON 30 VIRGINIA BEACH MAP NUMBER 2 (MAP BOOK 1, PAGE 20B) VIRGINIA BEACH, 31 VIRGINIA," a copy of which is attached hereto as Exhibit A, and on file in the Department 32 of Public Works and to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are 35 expressly subject to those terms, conditions and criteria contained in the Agreement 36 between the City of Virginia Beach and Ocean Horizon (the "Agreement"), an unexecuted 37 copy of which has been presented to the Council in its agenda, and will be recorded among 38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Ocean Horizon and the City Manager or his authorized designee execute the 45 Agreement. 1 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2016. 49 CA13471 R-1 PREPARED: 8/24/16 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d016\p024\00310924.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: LI ORKS, REAL ESTATE ORNEY 2 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 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. 4 SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EY Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING UA I E: NO CHANGES AS OF faif4 i ❑ REVISIONS SUBMITTED DM t: Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) CL1AN URKlt3, L-c. Nittlii2a5 ' 1\p,61, K a i l1-1 KAnk (B) List the businesses that have a parent-subsidiary � or affiliated business entity 2 relationship withit� the Applicant: (Attach list if necessary) NIT �0 See next page for information pertaining to footnotes and 2 e o 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 followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary � 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. Virginia Beach 1 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return FZi El Architect/ Landscape Architect/ k(7IQ A (,�.�IIR114, Land Planner ❑ Contract Purchaser(if other than WI the Applicant) - identify purchaser and purchaser's service providers )s; Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 0 Construction Contractors TO EE. 61EMZIANCOI Engineers /Surveyors WPI I SVC 'OktiRAIWC 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. 11/42E1.4,0 Virginia Beach Financing (include current ❑ mortgage holders and lenders selected or being considered to 044-- provide financing for acquisition or construction of the property) ❑ \EZI Legal Services ❑ Real Estate Brokers /Agents for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 o weeks prior to the Planning Commission, Council, VBDA meeting, or meet g f any public body or committee in connection with this Application. ' MORN e M. vlelp. (ZCic ICANT'S SIGNATURE PRINT NAME DATE Pts cm\rt PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. APPLICANT DISCLOSURE ATTACHMENT: 1. LIST THE APPLICANT NAME FOLLOWED BY THE NAMES OF ALL MEMBERS: • Nabil D. Kassir • Deborah M. Kassir 2. LIST ALL BUSINESSES THAT HAVE A PARENT-SUBSIDIARY OR AFFILIATED BUSINESS ENTITY RELATIONSHIP WITH THE APPLICANT: • Brava, LLC • Ocean Horizon Properties of Florida • Kassir Investment Company, Inc. • Menu& Management Consultants • Aldo's Inc. • Birdneck Associates • 620 19th Street Associates • 333 Granby Street Associates • 29th Street Associates, LLC • Music Hall, LLC PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEAN HORIZON PROPERTIES! L.C., a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "LOT NUMBER TWENTY-ONE (21) AND THE WESTERN ONE-HALF (1/2) OF LOT NUMBER 19, IN BLOCK NUMBER FIFTY- ONE (51)," as shown on that certain plat entitled: "MAP NUMBER TWO (2) OF THE VIRGINIA BEACH DEVELOPMENT COMPANY," prepared by S. F. Day, C.E., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 20B, and being further designated, known, and described as 209 21st Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain the existing building walls, existing emergency exit door swing, and to construct and maintain 3' fencing, canopies, 0.3' façade treatments, and wall signs, and to further allow the construction and maintenance of cornices (up to 1' extension from the building), canopies (up to 3' extension from the building), wall and façade treatment (up to 0.3" extension from the GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) ADJACENT TO: GPIN: 2427-18-2548 - 209 21St Street building), all located partially within the City rights-of-way on Pacific Avenue and 21st Street, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as Pacific Avenue and 21st Street, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat, consisting of three (3) sheets, entitled: "ENCROACHMENT EXHIBIT FOR LOT-21 & THE WESTERN HALF OF LOT-19; BLOCK-51 AS SHOWN ON VIRGINIA BEACH MAP NUMBER 2 (MAP BOOK 1, PAGE 20B) VIRGINIA BEACH, VIRGINIA," dated July 22, 2016, prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured/loss payee. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth 3 of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said OCEAN HORIZON PROPERTIES, L.C., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by NABIL D. KASSIR and DEBORAH M. KASSIR, Members of OCEAN HORIZON PROPERTIES, L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 OCEAN HORIZON PROPERTIES, L.C. a Virginia limited liability company By (SEAL) NABIL D. KASSI , Member (SEAL) D BO H STATE OF CITY/COUNTY OF \11 1 4 emu, , to-wit: The foregoing instrument was acknowledged before me this 22 day of At&13.tS)- , 2016, by NABIL D. KASSIR and DEBORAH M. KASSIR, Members of OCEAN HORIZON PROPERTIES, L.C., a Virginia limited liability company. 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AND BLOCK v ' Lie. . 2904 61% e 07/22/2016 ,�, Lk I �W I�0./GN 6' OFF'BLDGR 'IA" S R' \� ~&FS CORNICE 1.3' OVER E 0.75' OFF BLDG (TYPICAL) k 0 24 --1st FLOOR LIGHT 1.4' " ° '1 OVER e, 0.7' OFF BLDG REMAINDER OF LOT-19 CANOPY 3.6' OVER , I (TYPICAL) CANOPY 39' (M.B. 1, PG. 20B) & 3.0' OFF BLDG ' — OVER IL'- -E/FS FA!'ADE 3.0' OFF BLDG I 0.7' OVER BLOCK 7.0x3.0' CANOPY 3.4' 'f & 0.3' IV CANOPY OVER if 3.0' OFF BLDG 51 CANOPY 3.6' OVER e - �' f OFF BLDG & 3.0' OFF BLDG I 0 + + +u +I ' BLD 0.55' OUTSIDE f WM— —NM — — - a ° ° ° ii c ..O d Ii 4 0 BLD 0.36' OUTSIDE I' ri°ala - X a x a �� BLD 0.36' OUTSIDE°R a W m a L�° 4 /4 ° O, _ ' �'' : °, i i TI , I I %N ``• =__ ==MN= immm..0 rmemom �� , I I I O .kt �''' \ ' C .amrm mmmmIE LrEmmemomm 1 I I t I I I I 1 r„ CANOPY 3.4' OVER ? / ' J '-3. 3.0' OFF BLDG 5X15.0' EIFS CORNICE / :!..K CANOPY 1.1' OVER if p 7.o x3.0' I 0.75' OFF BLDG k m CANOPY 36' METAL — —1st FLOOR LIGHT (TYPICAL) • FENCE (CAFE) 1. 1' OVER 7.5' OVER if if & 0.7' OFF BLDG (TYPICAL) I 21 (448(.801: G. 20B) STREET SCALE: 1"=20' SHEET 3 OF 3 ENCHROACHMENT EXHIBIT vita' �`'f` LOT-21 & THE WESTERN FHOALF OF LOT-19; BLOCK-51 AS SHOWN ON VIRGINIA BEACH 1-1 - ® MAP NUMBER 2 EM (� (MAP BOOK 1, PAGE 20B) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 07/22/2016IF.B./PG.: 906/26-27 & 969/39-41 & 1035/39-40 'proj. no.: 215-0351 Civil Engineering wpIsite.com 757.431.1041 242 MUSTANG 1RiuL S1E 8 W lA KAM VA 23452 file: 215-351_ench ex.dwg I PLAT: T-507 I CAD/chk: WJW/eag f Elif4 'Iii{ czi Vis, if -,- ,.::.,,..2,- CITY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Realigning Revenues and Appropriations in the FY 2016-17 Operating Budget of the Department of Human Services MEETING DATE: September 6, 2016 • Background: The Department of Human Services (DHS) receives funding from various sources including the State, Federal and local governments, Medicaid and insurance reimbursements, and user fees. Annually, the Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for mental health, developmental, and substance abuse services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities and requires localities to match a minimum of 10% of the total amount of state and local funds (Code of Virginia § 37.2-509). The annual City Operating Budget is adopted prior to the CSB Performance Contract being finalized, so funding sources may change during the fiscal year. • Considerations: Due to changes in funding sources in the State CSB Performance Contract, as well as necessary corrections to the FY 2016-17 Operating Budget, certain revenues and appropriations need to be reallocated within DHS' FY 2016-17 Operating Budget to align with the programs in which the costs are being recognized. These accounting changes will not increase the Operating Budget for DHS. The adjustments will occur in the Mental Health/Substance Abuse (MHSA) and Developmental Services (DS) Divisions in seventeen programs: MHSA Program Support, Adult Outpatient Services, Mental Health (MH) Emergency Services, Child and Youth Services, Residential Services, MH Crisis Management Unit, Harbour, Program for Assertive Community Treatment (PACT), Discharge Assistance Planning (DAP), DS Clinical Support, DS Case Management, Pathways, MHSA Adult Day Treatment Services, SA Prevention, SA Adult Correctional Services, SA — HIV Prevention, and SA — Project LINK. Changes in funding sources include increases of estimated fee collections by $120,289 and federal revenue by $19,670; and a net reduction in budgeted state revenue of $139,959. In FY 2016-17, $1.4 million in funds previously distributed to the CSB from a regional fiscal agent, will be received directly from the State. The distinction between the two sources is for reconciliation and State reporting purposes. FY 2016-17 FY 2016-17 Funding Source - Adopted Adjusted Estimated Revenues Budget* Adjustments Budget State DBHDS $ 7,922,324 $ 1,461,923 $ 9,384,247 State-through-Regional 4,341,135 (1,601,882) 2,739,253 Federal Pass-Thru DBHDS 2,235,612 19,670 2,255,282 Fund Balance General Fund 431,749 0 431,749 Charges for Services 24,572,968 120,289 24,693,257 Total $39,503,788 $ 0 $39,503,788 *For the Mental Health/Substance Abuse and Developmental Services Divisions Also appropriations totaling $953,085 for the Discharge Assistance Planning program need to be segregated out from the Residential Services Unit to improve the tracking and reporting of program costs and revenues. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance, Exhibit A Recommended Action: Approval Submitting Department/Agency: Departme t of Human Services City Manager: 1 AN ORDINANCE REALIGNING REVENUES AND 2 APPROPRIATIONS IN THE FY 2016-17 OPERATING 3 BUDGET OF THE DEPARMENT OF HUMAN SERVICES 4 5 WHEREAS, changes in funding sources in the annual Community Services Board 6 Performance Contract provided by the Virginia Department of Behavioral Health Services 7 (VDBHDS)and other adjustments are needed in the FY 2016-17 Operating Budget for the 8 Department of Human Services (DHS) to align various revenues and costs to improve 9 financial monitoring and reporting. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA THAT: 13 14 (1) Revenue estimates for various DHS programs are hereby adjusted to reconcile 15 with their respective funding sources as shown on Exhibit A within the FY 2016- 16 17 Operating Budget of the DHS, with no net change in total estimated 17 revenues; and 18 19 (2) $953,085 in funding from the VDBHDS is transferred from the Residential 20 Services Program to the Discharge Assistance Planning Program within the FY 21 2016-17 Operating Budget of the DHS. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f G � ` SerDA7------ igiadget a .na ementvices City Attorney's Office CA13809 R-1 August 24, 2016 Exhibit A Department of Human Services Revenue Reconciliation Adjustments Funding Source Program Adjustments State DBHDS MHSA Program Support $ 79,587 Adult Outpatient Services $ 251,937 MH Emergency Services $ (130,786) Residential Services $ 365,856 MH Crisis Management Unit $ 98,579 Harbour $ 48,100 DS Clinical Support $ 6,570 DS Case Management $ 6,131 Pathways $ 573,308 MHSA Adult Day Treatment Services $ (4,964) SA Prevention $ (55,865) SA Adult Correctional Services $ 241,670 SA-HIV Prevention $ (20,000) SA-Project LINK $ 1,800 Subtotal $ 1,461,923 State-through-Regional Adult Outpatient Services $ (273,353) MH Emergency Services $ (78,833) Child and Youth Services $ 30,679 Residential Services $ (1,616,344) MH Case Management Unit $ 51,425 Harbour $ (52,189) Discharge Assistance Planning $ 953,085 Pathways $ (616,352) Subtotal $ (1,601,882) Federal Pass-Thru DBHDS Adult Outpatient Services $ 30,034 Harbour $ (34,574) Pathways $ 4,210 SA-HIV Prevention $ 20,000 Subtotal $ 19,670 Charges for Services Program of Assertive Community Treatment $ 120,289 Total $ - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Behavioral Health and Developmental Services within the Department of Human Services for the Early Intervention Infant Program MEETING DATE: September 6, 2016 ■ Background: The Department of Human Services provides Early Intervention supports and services to infants and toddlers from birth through age two, who are not developing as expected or who have a medical condition that can delay normal development. Early intervention supports and services focus on increasing the child's participation in family and community activities that are important to the family. In addition, supports and services focus on helping parents and other caregivers know how to find ways to help the child learn during everyday activities. These supports and services are available for all eligible children and their families regardless of the family's ability to pay. The Early Intervention Services System is established in the Code of Virginia § 2.2-5300. These services are supported with a combination of State and Federal Part C pass-through funds awarded annually by the Department of Behavioral Health and Developmental Services (DBHDS), fees generated by the program, and General Fund Support. Subsequent to the adoption of the City's FY 2016-17 Operating Budget, the Department received an increase in the FY 2016-17 award from DBHDS of $142,365. • Considerations: The FY 2016-17 Part C award from DBHDS included $125,015 in increased state funds and $17,350 in increased federal pass-through funds. The funds will be used to provide therapeutic services to infants and toddlers enrolled in the DHS Early Intervention program. There is no additional General Fund matching requirement to accept these funds. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance is Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Depart nt of Human Services City Manager: 7P L-- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES TO THE DEPARTMENT OF HUMAN 5 SERVICES FOR THE EARLY INTERVENTION INFANT 6 PROGRAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 $142,365 ($125,015 State and $17,350 Federal) is hereby accepted from the 12 Virginia Department of Behavioral Health and Developmental Services and 13 appropriated, with estimated state and federal revenues increased accordingly, to the 14 Department of Human Services FY 2016-17 Operating Budget to provide additional 15 support and services to infants and toddlers from birth to two years of age, who are not 16 developing as expected or have a medical condition that can delay normal 17 development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V/ ( .... tcsA Budget . d anagement Services i y ! = ney's Office CA13810 R-1 August 24, 2016 r4W\ CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Grant Funds for Law Enforcement Purposes MEETING DATE: September 6, 2016 • Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the Department of Justice that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, agreed upon the best use of this grant funding. • Considerations: The total award for this grant is $97,246. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: • $40,000 to the Sheriff's Office to purchase the software portion of the Classification Electronic Movement System that uniquely leverages radio-frequency identification (RFID) technology to automate a wide range of correctional workflows, data collection, communication, and reporting needs while integrating with the current jail management system; • $43,542 to the Police Department to purchase FARO Focus 3D, which is a technology upgrade to the existing capabilities of the FARO 3D scanner for crime and traffic scene documentation. FARO Focus 3D was chosen because of its ease of use at scenes, short scan time, and light weight portability. Remaining funds will be used to purchase night vision monocles to enable better observation of suspects operating at night and to increase effectiveness and safety of these investigations, and purchase cameras to document these investigations; and • $13,704 to the Office of Community Corrections and Pretrial to hire temporary part-time staffing. The agency is currently handling record numbers of cases placed on pretrial and probation supervision. Funds would be utilized for one position to provide support with required administrative tasks in both probation and pretrial. • Public Information: Public information will be provided through the normal Council Agenda process. Additionally, the grant requires a public comment on the use of such funds, and a notice was provided in the Beacon on August 28, 2016. ■ Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval of Ordinance � p � Pt- dg-C------- Submitting Department/Agency: Police Department 7)C' City Manager: 'MIL 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE GRANT FUNDS FOR LAW 3 ENFORCEMENT PURPOSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. The Edward Byrne Justice Assistance Grant Local Solicitation amount of 9 $97,246 from the Department of Justice is hereby accepted and appropriated, 10 with federal revenue increased accordingly, to the following department, 11 amounts, and purposes: 12 13 a. $40,000 to the Sheriffs Office for the purchase the software portion of 14 the Classification Electronic Movement System; 15 16 b. $43,542 to the Police Department to purchase FARO Focus 3D, which is 17 a technology upgrade to the existing capabilities of the FARO 3D scanner 18 for crime and traffic scene documentation; and 19 20 c. $13,704 to the Office of Community Corrections and Pretrial Services to 21 hire temporary part-time staffing to provide support in both probation and 22 pretrial administrative tasks. 23 24 2. The replacement of the above items purchased with these grant funds is 25 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: II 4i =-� B dget a M. agement Serviics Ci ne s Office CA13808 R-1 August 23, 2016 fM. ` lA'P g qf, ,f''',' 7 f' Z.;: i a?xpwv.�.^;�j' 4. CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: An Ordinance to Accept and Appropriate Grant Funds for Fire Department Equipment MEETING DATE: September 6, 2016 Background: The City was notified that the U.S. Department of Homeland Security would be providing a grant of $86,400 for the purchase of gear extractors, dryers, and laundry dispensing systems. The Fire Department must provide the opportunity for firefighters to launder the gear and remove harmful carcinogens on a routine basis. The Fire Department desires to provide gear extractors, dryers and improve dispensing systems in all fire stations and the fire training center. By allowing the members of the Fire Department to have gear extractors and dryers at additional locations, the Fire Department will promote removal of contaminates that occur during response to a variety of fires, hazardous condition incidents, and emergency medical incidents. • Considerations: This grant is awarded by the U. S. Department of Homeland Security's FY 2015 Assistance to Firefighters Grant Program. There is a local match of $7,854 required for this program which will be funded through Aid to Localities funding. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ' Q City Manager: L_ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR FIRE DEPARTMENT EQUIPMENT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That $78,546 in grant funding from the U.S. Department of Homeland 8 Security's 2015 Port Security Grant is hereby accepted and appropriated, with 9 estimated federal revenue increased accordingly, to the Fire Department's FY 2016-17 10 Operating Budget to purchase gear extractors, dryers, and laundry dispensing systems. 11 12 2. That the local match of $7,854 is hereby transferred from the Aid to 13 Localities funding within the Fire Department. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /47 Budget a Ma,agement Services `City rney's Office CA13812 R-1 August 24, 2016 fN�8 1 (i ) �,l`.!ya' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Project Page for Capital Project 1-110, Energy Performance Contracts Phase II (Schools) and to Change the Means of Finance MEETING DATE: September 6, 2016 • Background: The City's Adopted Capital Improvement Program ("CIP") includes Project 1-110, Energy Performance Contracts Phase II (Schools). This Project provides $5 million in funding for FY 2017, FY2018, and FY2019. As provided in the CIP, this project would be financed with energy performance contracts. The experience of the City with similar transactions is that the costs of private financing, which is the structure of a traditional energy performance contract, typically exceeds the cost of traditional public financing. If the City financed these improvements using public facility revenue bonds, there is a lower total project cost, and this lower cost allows the total energy savings to exceed the project costs sooner. • Considerations: The attached ordinance updates the project page to reflect the use of public facility revenue bonds. This approach is consistent with the manner by which the City has previously financed energy performance improvements. • Public Information: This item will be advertised as part of the regular City Council Agenda process. • Attachments: Ordinance; Exhibit A (Project Page for 1-110) Recommended Action: Approval Submitting Department/Agency: Budget and Management Services DA(5 City Manager: 1 AN ORDINANCE TO AMEND THE PROJECT 2 PAGE FOR CAPITAL PROJECT 1-110, ENERGY 3 PERFORMANCE CONTRACTS PHASE II 4 (SCHOOLS) AND TO CHANGE THE MEANS OF 5 FINANCE 6 7 WHEREAS, Capital Project 1-110, Energy Performance Contracts Phase II 8 (Schools), provides funding for renovations of facilities wherein the amount of savings 9 provided by the improvements will, over a period of time, pay for the costs of such 10 improvements; 11 12 WHEREAS, the Adopted 2017 CIP provides the means of finance for Project 1- 13 110 as energy performance contracts; and 14 15 WHEREAS, the City has lower borrowing costs than the private sector, so 16 financing the renovations contemplated by Project 1-110 with public facility revenue 17 bonds will allow the repayment of the improvements sooner and at a lower total project 18 cost. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the description of Capital Project 1-110 is hereby amended to reflect the 24 project page attached hereto as Exhibit A and to change the means of finance for such 25 Project to public facility revenue bonds. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the day 28 of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 411:*/ Xija Budget a Ma agement Services City At orney's Office CA13800 R-2 August 25, 2016 City of Virginia Beach FY 2017 thru FY 2022 Capital Improvement Program Project: 1110000 I Title:Energy Performance Contracts II I Status:Approved Category: Schools Department:Public Education I Ranking:0 Project Type Project Location Project Type: Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 Future Funding 15,000,000 0 5,000,000 5,000,000 5,000,000 0 0 0 0 Description and Scope As a measure to reduce energy costs while improving the learning environment,the School system has completed$14.1 million of energy performance contracting work in 31 schools through CIP 1-109. This project would complete an additional$15.0 million worth of performance contract work. The projects to be completed in this phase include replacement of outdated lighting and HVAC systems. Purpose and Need As a measure to reduce energy costs as well as protect the environment,the City and School system have adopted energy performance contracts. Energy performance contracts involve a vendor(contractor)conducting a detailed energy audit and then installing improvements to a building that reduces energy cost. The savings associated from the reduced energy costs are expected to exceed any debt service costs incurred from the issuance of Public Facility Revenue bonds.The savings are guaranteed by the contractor,who is required to acquire a performance bond.If the savings do not materialize,the shortfall is paid to the City. History and Current Status This represents a new project for FY 2016-17 CIP. Operating Budget Impacts Savings on energy costs are reflected in the school's operating budget. Project Map Schedule of Activities Project Activites From-To Amount Inspections and Support 07/16-06/20 200,000 Design 07/16-06/20 500,000 Construction 07/16-06/20 13,800,000 Contingencies 07/16-06/20 500,000 Total Budgetary Cost Estimate: 15,000,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 15,000,000 Total Funding: 15,000,000 GovMax V5 1 8/25/2016 J. PLANNING 1. ATLANTIC PALISADES CONDOMINIUM ASSOCIATION, INC; ARCSTONE, LLC; SKYMARK, LLC; BLUESTONE HOLDINGS,LLC; and SUNSTAR ATLANTIC, LLC Subdivision Variance to Section 4.1 (m) of the Subdivision Regulations at the Southwest corner of 21St Street and Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION APPROVAL 2. KYNDLE CAY, LLC/ KYNDLE CAY,LLC/HIGHLAND PARISH COMMUNITY ASSOCIATION, INC. Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at 2283 Salem Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 3. TURNING POINT CHURCH Modification of Conditions to a Conditional Use Permit to ADD street frontage and landscaping at 2641 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 4. B and J LTD. OF VIRGINIA Conditional Change of Zoning from B-1 Neighborhood Business District to R-5R Residential District at Ocean View Avenue, West of Fentress Ave re a single family dwelling DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 5. BIRDNECK STORAGE 2,LLC Conditional Change of Zoning from R-10 Residential District to Conditional I-1 Light Industrial District at 1044/1052/1054 Bells Road to consolidate parcels and redevelop the site DISTRICT 6—BEACH STAFF RECOMMENDATION INDEFINITE DEFERRAL 6. DIRECT INDEPENDENCE GROUP, LLC Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449/457/465 Independence Boulevard to consolidate parcels (Deferred July 12, 2016) DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 7. CHERI Y. HUGHES/IRENE A. GALIOTOS TRUSTEE,ANTHONY S. GALIOTOS REVOCABLE TRUST Conditional Use Permit re Tattoo Parlor in conjunction with a beauty salon at 2955 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 8. THOMAS WILDER/JUAN SUAREZ/ARCH DIXON/JALALADIN MANSOURZADEH Conditional Use Permit to expand Craft Brewery at 2505 Horse Pasture Road DISTRICT 3 —ROSE HALL STAFF RECOMMENDATION INDEFINITE DEFERRAL 9. JENNIFER G. HARRIS /WAHOO LAND, LLC Conditional Use Permit re Specialty Shop within the Historical District at 2397 Liberty Way DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 'trte Stix y LL Lvv 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, September 6,2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 6-BEACH ATLANTIC PALISADES CONDOMINIUM ASSOCIATION/ARCSTONE, LLC; SKYMARK, LLC, BLUESTONE HOLDINGS, LLC & SUNSTAR ATLANTIC, LLC Subdivision Variance(Section 4.1 (m) of the Subdivision Regulations) 420, 422, 424,426 21.'Street (GPINs 24270821820420, 24270821820422, 24270821820424, 24270821820426) DISTRICT 6-BEACH CHERI Y.HUGHES/IRENE A.GALIOTOS TRUSTEE, ANTHONY S. GALIOTOS REVOCABLE TRUST Conditional Use Permit (Tattoo Parlor) 2955 Virginia Beach Boulevard Suite 104 (GPIN 1497257677) DISTRICT 7-PRINCESS ANNE TURNING POINT CHURCH Modification of Conditions (Religious Use) 2641 Princess Anne Road(GPIN 1494641457) DISTRICT 7-PRINCESS ANNE KYNDLE CAY, LLC / KYNDLE CAY, LLC & HIGHLAND PARISH COMMUNITY ASSOCIATION, INC. Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 2283 Salem Road (GPINs 1484044747, 1484042876, 1484050076) DISTRICT 4-BAYSIDE B & J LTD. OF VIRGINIA Conditional Change of Zoning(B-1 Neighborhood Business District to R- 5R Residential District)Ocean View Avenue,west of Fentress Ave(GPIN 1570626356) DISTRICT 6-BEACH BIRDNECK STORAGE 2,LLC Conditional Change of Zoning(R-10 Residential District to Conditional I-1 Industrial District)1044,1052&1054 Bells Road (GPINs 2416581110, 2416582140, 2416571965) DISTRICT 2-KEMPSVILLE DIRECT INDEPENDENCE GROUP, LLC Conditional Change of Zoni • (0-2 Office District to Conditional B-2 Community Business District)449, 457 & 465 Independence Boulevard (GPINs 1476594453,1476595337,1476596300) DISTRICT 3-ROSE HALL THOMAS WILDER/JUAN SUAREZ,ARCH DIXON& JALALADIN MANSOURZADEH Conditional Use Permit(Craft Brewery)2505 Horse Pasture Road, Suites 102,103&104(GPIN 1495857045) DISTRICT 7-PRINCESS ANNE JENNIFER G. HARRIS / WAHOO LAND, LLC Conditional Use Permit (Specialty Shop) 397 Liberty Way,Suite 101(GPIN 1494916867/ All interested parties are invited to att• d. Ruth Hod! loser,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online , at htto://www.vbgov.com/oc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON:AUGUST 21&28,2016 ............1 . , 1 ' . „---------- - IX14 e nu ---:: %.,.. • 406, N ..,.. -A , k lxv ctie ....-. ,,,,, ..k ,... ,,,,,., k \\,,, • , , „..............,...---\\ : , . '*.'ts... . - '--- `'N ,.. - „.._....... „. ..... , ss,\ .... • , .- , it , - \\*.s.. 114:\SS1111;%14:41441111:1:,,_:,‘ VI'I . . 4k _--- - -±\ .._. . ,444, 00) • .... ' ' :\ • ,•---, ' :'‘14N41%11° ,. - \\, „ , . .s% Ill' ‘T \1/4\. *- N. '-''''k\k -- • _, ....1 „ .. ...• , — • , (0 .: .., : .. \ \ \ \ \ . :,.. • , - _.,,,,.., ,_--•- \\. al.. , , • . ir -.., • \\NN,ssIs :-• .00 -. \ 14-,-.-, .:,..1.,::'., ,,, . '' . 0 , ., . ',.;.-• , ir• i - , . ,..:„ ,,,, _.' .,„...,.. . . . ixv e .:Ast'.\.::\, . „.„,, ...,.... ,' , Illk• % u '-.......":.x. , .........., „._„. ,., ea .,. .. '-.- --- ----. s; I -•' \\,\\*\"\e' ' , SIIV41114:1411' %.1°oue-'' '0 \ \ .\\:, • , - -_:........-.,- \ - i ,....,. - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC PALISADES CONDOMINIUM ASSOCIATION, INC. [Applicant] ARCSTONE, LLC; SKYMARK, LLC; BLUESTONE HOLDINGS, LLC; SUNSTAR ATLANTIC, LLC [Property Owners] Subdivision Variance to Section 4.1 (m)(1) of the Subdivision Regulations. Southwest corner of 21St Street & Baltic Avenue (GPINs 24270821820420, 24270821820422; 24270821820424, 24270821820426). COUNCIL DISTRICT—BEACH MEETING DATE: September 6, 2016 • Background: In 2006, the 8,991 square-foot parcel was developed with 16 row house condominium units. Twelve of the row houses are located at the front property line; four of the row houses are located adjacent to the alley. This is a request for a Subdivision Variance for an existing 16-unit condominium at the corner of 21st & Baltic Avenue. Specifically, the request is to subdivide the site into 16 individual lots. All of the lots will meet the minimum lot width and lot area as required under the Form Based Code; however, three of the lots will not have frontage along a standard street. These three lots will front a 20-foot wide alley, rather than the required 24-foot wide street. Based on this, a Subdivision Variance is required. • Considerations: According to the applicant, the request will bring the property in line with Fannie Mae/Freddie Mac guidelines for permanent mortgages. No changes are proposed to the vehicular access, the number of units, or to the parking arrangement on the property. 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 as conditioned below. 1. The site shall be subdivided substantially as shown on the exhibit titled, "Preliminary Resubdivision of Lot 32A" dated March 16, 2016, as prepared by Stephen L Boone and Associates P.C. Atlantic Palisades Condominium Association Page 2 of 2 2. Prior to approval, the final subdivision plat shall include and/or reference all necessary easements and maintenance agreements as determined during the Development Services Center plan review. • 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 Departmen4r_____, City Manager: 7!i(,(L, Applicant Atlantic Palisades Condominium Association, Inc Agenda Item al\B Property Owner Arcstone, L.L.C.; Skymark, L.L.C.; Bluestone Holdings,ng L.L.C.; Sunstar Atlantic L.L.C. Public HeariJuly 13, 2016 2 Virginia Beach City Council Election District Beach Request Dnaeo, ltth Street 26thsaeet%%` / Subdivision Variance (to Section 4.1 (m)(1) of APZ2 .lam 26th streetSae 3n 1 the Subdivision Regulations) 4 = ssth et etv t? a 24th„o stye m /j, u 24ths"eet 1 , 230.4Street Staff Planner E a t 8 Street dgdStrep' 0.d street r tt n 22Nd Sae e Kristine Gay n A I. .0.5t5t,set 1 [ v 6570 dB DNL 74 1th et{Qe` Location 70-75 dB ONL 264 f. 20 Southeast corner of 21st Street and Baltic .26a %' 3 j9th5aee4 Avenue isms""` ", GPIN ka \ et $ 24270821820420. 24270821820422; x ABioV s "TMS �%/ 'F 011,Street ;/ 24270821820424; 24270821820426 5veet /( . A tSth j4thst,." 4,4Y ` j/ Site Size >75d8DNL c Waooptt m street 8,991 SF APZ2 13th s""` t4e ttth street AICUZ 65-70 dB DNL Existing Land Use and Zoning District Row Houses/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts ,t , r ,. �' , -' - '7 \ North 4 " sr j a )71 21st Street .,, `'tf e r ^ Detached Houses/OR Oceanfront Resort „.`'i Natf sire. '4 ' 1 '` South �" \ :sr 20th/2 Streetwi . :a� .. ,S Str e rs _ Detached Houses/OR Oceanfront Resort '..- ; 4".v1',; - East '` •w A , ° ' c.. -r� 4 4 '"� Hotel/OR Oceanfront Resort .. ,, ,`,_et•' ' . jam----'"i West ,� 4 4 i �. g ` gcnN Street a lob Baltic Avenue ` r r \ a1E , Detached Houses/OR Oceanfront Resort ilk_ `` .. rte` ( [� '"``a `' � t '� 4a.2'..QS S (tePt.'v*k „� 1 ta"" . .'.441 'A < ii. -k:' � .yL L • Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 1 Background and Summary of Proposal • In 2006, the 8,991 square-foot parcel was developed with 16 row house condominium units.Twelve of the row houses are located at the front property line; four of the row houses are located adjacent to the alley. • The applicant proposes to subdivide the site into 16 parcels such that each of the existing units is on an individual lot.Thirteen of the proposed 16 lots will meet the dimensional criteria of the Oceanfront Resort District Form-Based Code by being more than 16 feet in width and at least 1,200 square feet in area.Three of the proposed 16 lots will not have frontage on a standard street as required by the Site Plan Ordinance; for this reason, a Subdivision Variance is requested. • No physical changes are proposed for the property. Access, stormwater, parking, and shared open spaces will continue to be shared by the individual property owners. The condominium association will change to a homeowners association after the subdivision to accommodate the continued shared use and maintenance of these elements. oR 2tist,Amt stilet OR a _ S Stree " r r 2t 1 A Zoning History OR # Request 5 10 R 1 CUP(Commercial Parking)Approved 03/17/2012 � �� 1 , _� 2 ALT Approved 11/25/2013 3 Ur 20 �i ALT Approved 11/25/2013 OR � 3 ALT Approved 03/10/2016 i / OR , _ �o,r sties - , 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 in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for the SGA.The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area. The proposed subdivision variance will further assist the site with meeting the intent of the FBC by increasing the likely long-term occupancy and ownership of the units and therefor contributing to the goal of becoming a year round destination. Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 2 Evaluation and Recommendation Following the prescribed criteria of the FBC, newly proposed row house developments may be subdivided into individual lots or organized as condominium units on one lot. If it is proposed to keep the site as one parcel, the condominium units must be situated such that the site may be subdivided and meet the by-right prescribed criteria of the FBC and therefore avoid the potential need for a subdivision variance. Staff does not believe this request is reoccurring in nature. No physical changes or additional density are proposed as part of this request.The applicant believes that long-term ownership and occupancy of the units will increase if the units are situated on individual fee simple lots.This would contribute to the goal of the resort becoming a year-round destination and enhance pedestrian safety. Accordingly, Staff is in support of this request for a Subdivision Variance following the conditions below. Recommended Conditions 1. The site shall be subdivided substantially as shown on the exhibit titled, "Preliminary Resubdivision of Lot 32A" dated March 16, 2016, as prepared by Stephen L Boone and Associates P.C. 2. Prior to approval,the final subdivision plat shall include and/or reference all necessary easements and maintenance agreements as determined during the Development Services Center plan review. 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. Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 3 Proposed Resubdivision Exhibit (Cond. 1) BALTIC AVENUE (60' R/W) c • n3.7 73 57 . .s.,...17766" , 763 ----■an 1 a , v{I" Pi 4 SY V� fin¢ p� r / QY a X75 1tl§ �' §g � 4x.s ,notes c 010 • 7 1 ■ ukake • S 1310.07•[ owIfi ° 'rose- $ YZ2i ■ g 4 , hi i611-47 k ". 7, moo zo ar 7 w»' roTKa : S+770'0!•F 63,6 S, C 1 / Y N fs,ildi C �j } ii V i W Qy ki: 7,0 IL „ .0 � 2b g ..o S VI - s AM-c orri * . OV=O 1 S,a776s-c s 1r G kl! of 5” & :s h s, dlis 7 c ) = $a 0.16 v s,s'S8'OS, :.4 7 A8yNtl et i . oY ! 06 �7 ? ` . iSL. T ., N:S,77d05•[ 65,■1 `,+ OU AQ! pF 6.62 j s,77oos c i°" L .. 7 ■ o► 51 4;Qrq $311' _ tIA - g; Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 4 Site Photos . r k f,: Imo_'_ ._ ir! �� 10 i ,,,.... _,/ , r i�, ..ii '_ter 1 $ t ' 1, - - _ t tt.i_ L. • Ya i 9 i xr,, r,`yr .. . . ,, i f I , t r. a Y I ,411 x \ ,a„ Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 5 Disclosure Statement OP Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I/`. Check here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Atlantic Palisades Condominium Association, 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) Jeffrey R. Gordon, President; Pamela Gordon, Director; R. Edward Bourdon, Jr., Director (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 footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from AvpNcant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Arcstone, L.L.C. If an LLC, list the member's names:Jeffrey R. Gordon, Manager , Lel ,, � rj Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 6 Disclosure Statement • tuYci APPLICANT Virginia Beach YES I NO ( SERVICE PROVIDER (use additional sheets if Accounting and/or preparer of C ® your tax return D Architect / Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s) and 1 purchaser's service providers) Construction Contractors EiEngineers / Surveyors/Agents Gallup Surveyors & Engineers, Ltd. Financing (include current 15-1n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aC Legal Services Sykes, Bourdon. Ahem& Levy, P.C. Real Estate Brokers / EAgents/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 H ® 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? Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 7 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 Application. Jeffrey R. Gordon, President APP ANT'S SIGNATURE PRINT NAME DATE ntic Palisades Condominium Association, Inc. Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 8 Disclosure Statement OWNER Virginia Beach YES ( NO SERVICE PROVIDER(use additional sheets if needed) _p Accounting and/or preparer of your tax return i% I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than • C ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n �7 purchaser of the subject property I 1�� (identify purchaser(s)and (` purchaser's service providers) Construction Contractors Z ❑ Engineers/Surveyors/Agents Gallup Surveyors&Engineers.Ltd Financing(include current BB&T El ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Sykes.Bourdon.Ahern&Levy,P.0 — t - Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property I • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have -- ® 1 an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 9 Disclosure Statement CO4 4f Virginia Beach CERTIFI�i !QN: 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, 1 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. Jeffrey R. Gordon, Manager PRO OWNER'S SIGNATURE PRINT NAME DATE _ Ar one. L.L.C,. j Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 10 Disclosure Statement INE Virginia Beach El 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:Atlantic Palisades Condominium Association, 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) Jeffrey R. Gordon, President; Pamela Gordon. Director; R. Edward Bourdon, Jr., Director (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different frpnit gpplicant. ❑ Check here if the PROPERTY OWNERIS_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:Skymark, L.L.C. If an LIC, list the member's names:Jeffrey R. Gordon,Manager Page 2 of 7 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 11 Disclosure Statement 0 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code §2.2-3101 2 -Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when ti)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 (till 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 auplication or any,busir+ i • •-r•_ ' • •r • •• ••er.t•d on the Prose . 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 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE I PROVIDER wee additional sheets if 1 l 1 J I i ��' Accounting and/or preparer of LJ your tax return C +(,' Architect/Landscape Architect/ � Land Planner Contract Purchaser(If other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed In ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 4 Construction Contractors ElEngineers/Surveyors/Agentsi Gallup Surveyors&Engineers,Ltd. ':. Financing(include current mortgage holders and lenders i I r.17 selected or being considered to provide financing for acquisition or construction of the property) ! _ ElLegal Services Sykes,Bourdon,Ahem&Levy,P C. Real Estate Brokers/ El ® Agents/Realtors for current and anticipated future sales of the sub'ect •ro'ert • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have C [51 tan interest in the subject land or any proposed development contingent on the subject public action? 'f yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 13 Disclosure Statement AB Ne 4tf 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, VEDA meeting, or meeting of any public body or committee in connection with this Applica ion. r L. , Jeffrey R. Gordon, Manager PR•f'TY OWNER'S SIGNATURE PRINT NAME DATE mark. L.L.C. Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 14 Disclosure Statement • Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 114 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Atlantic Palisades Condominium Association, Inc. If an LIC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach fist if necessary) Jeffrey R. Gordon, President; Pamela Gordon. Director: R. Edward Bourdon.Jr., Director (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 t SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 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:Bluestone Holdings, L.L.C. if an LIC. list the member's names:Jeffrey R. Gordon, Manager Page 2 of 7 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 15 Disclosure Statement i .i Er 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) I '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, (in 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. I it SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of tht application or any business operating or to be operated op t►le Property. If the answe to any item is YES, please identify the firm or individual providing the service: IF THI OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTIOP SEPERATELY Page 3 of 7 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 16 Disclosure Statement OWNER Virginia Beach YES NO SERVICE — _ needed) PROVIDER tuseaddftloeal sheets If D ® Accounting and/or preparer of your tax return 0 [ Architect/Landscape Architect/ Land Planner Contract Purchaser of other than C 0 the Anolicant)-identify purchaser 1 and purchaser's service providers Any other pending or proposed U ® purchaser of the subject property (identify purchasers)and purchaser's service providers) I-- -- CFi Construction Contractors ._ ® n Engineers/Surveyors/Agents 1Gallup Surveyors&Engineers,Ltd. Financing(include current ❑ m mortgage holders and lenders `� selected or being considered to provide financing for acquisition 1 or construction of the property) — I E1 Legal Services Sykes,Bourdon.Ahem&Levy,P C. Real Estate Brokers/ f-1 N1 Agents/Realtors for current and I I anticipated future sales of the subject property __. i-_._.__. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C m 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 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 17 Disclosure Statement 4l 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. `'"-- Jeffrey R. Gordon, Manager PROPS NER S SIGNATURE PRINT NAME DATE ne Holdinos. Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 18 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ��r Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Atlantic Palisades Condominium Association, 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) Jeffrey R_Gordon, President; Pamela Gordon, Director; R. Edward Bourdon, Jr., Director (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 footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if progeny owner is different from Applicant. n Check here if the PROPEJ(TY.,OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. I'�� 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:Sunstar Atlantic, L.L.C. If an LLC, list the member's names:Jeffrey R. Gordon, Manager Paoe 2 of 7 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 19 Disclosure Statement \13 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 t 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, Cil)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2 2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the 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 Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 20 Disclosure Statement a al iin,af i APPLICANT Vi ?iir Beach YES O SERVICE i [ PROVIDER fuse ted) *hal sheets if need El l Accounting and/or preparer of your tax return C ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(If other than ❑ the Applicant) -identify purchaser �� and purchaser's service providers Any other pending or proposed i 0 NI purchaser of the subject property , (identify purchaser(s)and purchaser's service providers) IiEgConstruction Contractors EEngineers/Surveyors/Agents Gallup Surveyors&Engineers.Ltd. Financing(include current 0 rJ mortgage holders and lenders 5�1 selected or being considered to provide financing for acquisition or construction of the property) ZC Legal Services Sykes, Bourdon,Ahern&Levy, P,C Real Estate Brokers / ❑ M 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? l If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ,ciation, L.L.C. .,genda Item 2 Page 21 Disclosure Statement vki 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. r `�� i Jeffrey R. Gordon, Manager PROPER Aer ER'S SIGNATURE PRINT NAME DATE Su • a tlantic. L.L.C. f Atlantic Palisades Condominium Association, L.L.C. Agenda Item 2 Page 22 Item#2 Atlantic Palisades Condominium Association Subdivision Variance 420, 422,424,426 21St Street District 6 Beach July 13, 2016 CONSENT An application of Atlantic Palisades Condominium Association for a Subdivision Variance to Section 4.1 (m)of the Subdivision Regulations on property located at 420,422,424, 426 21St Street, District 6, Beach. GPIN: 2427-08-2182-0420; 2427-08-2182-0422;2427-08.2081-0424;2427-08-2182-0426. CONDITIONS 1. The site shall be subdivided substantially as shown on the exhibit titled, "Preliminary Resubdivision of Lot 32A"dated March 16, 2016, as prepared by Stephen L Boone and Associates P.C. 2. Prior to approval, the final subdivision plat shall include and/or reference all necessary easements and maintenance agreements as determined during the Development Services Center plan review. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 2. 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 2 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. > 1 --,-.. ' \ \\' ,`,\\\\\,\\\\\ ' Nkliklbzik.‘4\\\\\\k N-4 \ ,,,. it• ,,, :. i ,. to\ \''\ i:\ \. \\ '!" \V \ \� o\:.\\ , N tin ,..... ks, f+f , . . \ ../ ir \ \ IX / `\ `. . \.,\\\. rI 14/- ,e011114111111111: 111114*''''''' �r�*F .,/ 4,„\,, . •i• '4... AW ,---(---‘) 1411144 14111 1\4' 7 41111111:44:;11111... Y ti 3ti I tl r I IMO II IMOf -- w 4>t- . /,,, $ .F;:o itir( 44. It\i 4 0 p al "Ito' ,--- Lci'\.yoiligi, 0 }ter} -----' 4 4 St �' . i 0 ..i:Ili • 4 t ger cp _-_---.\_ -----/_...--\. <3 \' ,. li ' -'-' • 11 iii.r�f^y 5 �J ,' .ice 00 IIII. iii) air.7„, libP' I j -14111‘11111'4441:1\ 111:„.........................................................................7 yyrT {i ,,i+, ti .t c_4 �.•f f, Tr, - / i ce .,„- .• • (� r l / [ ,-(4-,;:iix,;,., lir -1, k,.....,..) „ „ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KYNDLE CAY, LLC [Applicant] KYNDLE CAY, LLC & HIGHLAND PARISH COMMUNITY ASSOCIATION, INC. [Property Owners] Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations. 2283 Salem Road (GPINs 1484044747, 1484042876, 1484050076). COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: September 6, 2016 • Background: This applicant proposes to subdivide the subject 6.8 acre site, zoned R-15 Residential, into 13 lots for the development of single-family homes. All but one of the lots will meet all the dimensional requirements for the District. A Variance to the required lot width is required for a single lot which will contain the original home located on the site. It is the applicant's intention to move the existing home from its' currently location to the subject lot. The area where the home was located will be conveyed to the Highland Parish Community and used as recreational open space. In return, the Highland Parish Community will convey land to the applicant so that the lot containing the existing home can be accessed from the new development. • Considerations: The requested variance is exclusively for the lot on which the existing home will be relocated to. The subject lot will be deficient in required lot width, specifically where the site is accessed from the new portion of the community. The subject lot meets all other dimensional requirements for the R-15 District. In order to relocate the existing home, land is being conveyed between the applicant and the Highland Parish Community. This will allow for a larger and more usable recreation area that will benefit the community. 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 as conditioned below. 1. When subdivided, Lot 10 shall be in substantial adherence to the submitted Site Plan entitled, "VARIANCE EXHIBIT FOR KYNDLE CAY, LLC, SUBDIVISION OF KYNDLE CAY, VIRGINIA BEACH, VIRGINIA," dated April Kyndle Cay, LLC Page 2 of 2 29, 2016 and prepared by Maser Consulting P.A. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. ■ 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 DepartmeniliE5r----- City Manager: -7-714/ NB Applicant Kyndle Cay, LLC Agenda Item Property Owner Kyndle Cay, LLC & Highland Parish Community Public Hearing July 13, 2016 6 Virginia Beach City Council Election District Princess Anne Request ;af oey oak0„� a Subdivision Variance (to Section 4.4 (b) of the EIb°wRoad s^� e any �mNp�"°ay 0 y r / Subdivision Regulations) 'x;, 3.P °, „ oP� P ? 9�1j. Staff Planner `'„P e .,� Kevin Kemp / �— ' i Location / West side of Salem Road, 2283 Salem Road, +� 2279 Salem Road 4' ' , :ere:0171 ZGPIN z. 31484044747, 1484050076, portion of °� 65.70dBDNL a /1484042876 q� Fg Site Size R = 1O/ dBDNL'I 6.812 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District •2' , Undeveloped/ R-15 Residential .16 ,, , • 'w ', Surrounding Land Uses and Zoning Districts LSA I a5 North a ,,�, , x,f Salem Road i* irr` / Single-family dwellings/ R-15 Residential ?'' % ` �e South Single-family dwellings/ R-15 Residential (Open f r ,, `, *�` Space Promotion) ;. ;” ;` y� ts �� 4 East 'e ` r, •t-s • 4 Single-family dwellings/ R-15 Residential (Open ` 5 `A° - �s ' '�" Space Promotion) . ; o � ' ` Y` West ,. '".' - ...r _ "' Single-family dwellings/AG-1 Agricultural r _ , Kyndle Cay, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The subject 6.812 acre site, zoned R-15 Residential, is proposed to be developed with 13 lots.The lots will be developed with single-family dwellings.These lots will become part of the Highland Parish Homeowners Association. • Access to the new development will be from Salem Road. • The proposed layout depicts that 12 of the 13 lots will meet all dimensional requirements of the R-15 Zoning District, containing a minimum of 15,000 square feet of lot area and a minimum lot width of 100 feet. • One lot (proposed Lot 10) requires a Subdivision Variance as it will have a reduced lot width of 22 feet, instead of 100 feet as required. The lot area is proposed as 23,025 square feet. • The existing home at the rear of the 6.8-acre site will be relocated to Lot 10. A 0.751 acre portion of the site where the house is currently located will be conveyed to the Highland Parish Community for Open Space. • A 0.096-acre portion of the existing Highland Parish Community's open space will be conveyed to the applicant. This area will accommodate a portion of Lot 10 and Lot 11. l30t/A 16• / 9 Zoning History `� - # Request O1 NON Approved 03/17/2015 AG=� IllrMOD Approved 07/11/1995 -15 n. Con•ition- c� 2 CUP(Communication Tower)Approved 09/20/1984 /� ' �, �� . CUP(Communication Tower)Approved 12/13/1982 �®�� / 2 MOD Approved 11/25/2014 ,. to�� //47*...' MOD Approved 11/25/2014R-1-I y �‘41� ;.-mato CUP(Religious Use)Approvedll/27/1990 ' c 440 e ��@*® CUP(Religious Use)Approved 01/09/1989 ��,R-✓(�� `� ,R 3 CUP(Open Space)Approved 09/10/2002 !®��` �;�►� J® 4 SVR Approved 05/09/2000 ®\®�`®®� 0 \O 65.70 dBDNL ' pp 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 Kyndle Cay, LLC Agenda Item 6 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. (pp. 3-1, 3-2) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. The site is undeveloped and mostly wooded. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 13,600 ADT 1(LOS 4"C") Salem Road 4,956 ADT 1 15,000 ADT 1(LOS 4"D„ Existing Land Use z—0 ADT ) Proposed Land Use 3- 10 ADT 16,200 ADT 1(LOS 4"E") 1 Average Daily Trips 2 as defined by a vacant 3 as defined by one single-family 4 LOS=Level of Service parcel dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Salem Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial.The MTP proposes a four-lane facility within a 145-foot right-of-way. Roadway CIP 2-507 is slated for this area for the construction of a four-lane divided roadway from Elbow Road to North Landing Road.The project will include landscaping, aesthetic enhancements, multi-use paths, and bike lanes. It will be funded as development creates the need for additional roadways. Currently, this project is on the City's requested but not funded project listing. Public Utility Impacts Water City water must be extended to serve each parcel of the proposed subdivision with an exclusive water service and meter box.There is an existing 12-inch City water main along Salem Road and an existing eight-inch City water main on Tartan Trail. Sewer City sewer must be extended to serve each parcel of the proposed subdivision with an exclusive sewer lateral.There is an existing eight-inch City sanitary sewer gravity main along Salem Road and an existing eight-inch City sanitary sewer gravity main on Tartan Trail. Evaluation and Recommendation This request involves a land swap of property between the applicant and the adjacent neighborhood of Highland Parish. The applicant is proposing to create 13 new lots, one of which (Lot 10) will contain a relocated dwelling that currently exists on the southern portion of the large, 6.8-acre site. As proposed, Lot 10 requires a Subdivision Variance, as the lot width along the right-of-way, Kyndle Kay, is depicted as 22 feet wide, which is 78 feet shy of the 100-foot minimum requirement. A 0.75-acre piece of property, where the existing home currently sits, will in turn be conveyed to the adjacent Highland Parish community for incorporation into their existing open space areas. Proposed Lot 10 exceeds the Kyndle Cay, LLC Agenda Item 6 Page 3 minimum lot size by twice the 10,000 square foot requirement; however, it will be deficient in lot width, as mentioned above. In Staff's opinion, this request is consistent with the lot sizes and land uses in the vicinity, and provides increased area and better connected open space recreation opportunities for residents. Based on the considerations above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. When subdivided, Lot 10 shall be in substantial adherence to the submitted Site Plan entitled, "VARIANCE EXHIBIT FOR KYNDLE CAY, LLC, SUBDIVISION OF KYNDLE CAY, VIRGINIA BEACH,VIRGINIA," dated April 29, 2016 and prepared by Maser Consulting P.A. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 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. Kyndle Cay, LLC Agenda Item 6 Page 4 Proposed Site Layout i r- - — ii1,14131t2 ti94 lit :______ ••• 1 1 '' I 5' 1E ; 11 i: 1 8 1, ',,',•! 1 I.. 1 C'f4 y !r' 1 ft w = Ioi t 11 Z Fc. 0 a II 1141 i t1i H o 5 �- ..sIr I :i /— = /'\ h:ti: loll 0 I, yA$ty a O �' i f r .--N.- �^— 1— 1,i.1 r ,` biz ,i{. - . :1*0!\ II-. Z:t '' llitiii .V � 1 '1 i. \ 1' ssl . lit' .y co 0 1 _..f 171:/. 1 "i' L 11- i...i! I- , • o . • , oz ,/ lit E`"li Yf."t; ` - Q `O... r.IO 0 r a O J J 0 •/I a ~O J 1 • I.{ N/ 11 c'' W 00 It ti-� f; 0 J N J l h' x, 0 Kyndle Cay, LLC Agenda Item 6 Page 5 Site Layout- Detail -��tn a$a & \ - ....... .....e'' na aiii o tticw.+ra.a 1 ++ 1111 1' l AMU ANO OW 1M1t _ Apt''"„,S IIININVIVIIMPIO , Z Ano..," _-•••......."110 I 11- i SA own AREA OWNED BY a ;.. ,. HIGHLAND PARISH- (1q )ill;"• ` 'O _, TO BE CONVEYED TO :; ' APPLICANT 411.40-$44-44111 "04114, 4` `� /ars•4- r r, ;; ~+ t F r - 1 01001+91 / .11101101111 SW.14 %, 1 PROPOSED LOT 10 " SUBDIVISION VARIANCE itz, = FOR LOT WIDTH .> . , 1 /`/ _ ..,. __ l ,— mama.*,,(//'-.-- \ MN= /',,N aA asatr,• \ 11 a..•w 0I.r1R.eRer7.lRurro ..r•..1-w•,1aRR / ' - wvw7,a , , .«1a. J JITZFOUL ' tw+,sur.cwr,�.r r//f ri)r+{, \"."- .1 .fR�1r.++.lwwra' PROPERTY TO BEI '. 4 S/ SAINIONS•Of Matowit.MO. CONVEYED TO y,'y ' - HIGHLAND PARISH / + I \\„.• MOW.' .. � �_ j I W MM 40411011, anarraZtt t ! 1 i ii MINI 0 7111"P-At - 7 1.411.004M Jl.N•..$ star n..R. J-.. .- i 1 1,1 \ >1W R! ---. _ .. 11"b. PARK OWNED TART - "--- ___ HIGHLAND PARISH nv.rt.Iw ,R,gk /N Kyndle Cay, LLC Agenda Item 6 Page 6 Site Photos APPROXIMATE LOCATION PROPOSED LOT 10(SUBDIVISION VARIANCE r REQUESTED) ` }- 4 C,v'' ; . . fi 'fir_ „ :ms's w • 34 ,y � ` 1. • NMF�1 y 24,41,10 t•.• 11 -4 ts •t * . EXISTING HOME TO BE ROLOCATED ONTO LOT 10 Kyndle Cay, LLC Agenda Item 6 Page 7 Disclosure Statement \B Virginia Beach APPLICANT'S NAME Kyndle Cay 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. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY ,ui s �e. i t pc u _ 4s �r Page 1 of 7 APPLICANT NOTIFIED OF HEARING NO CHANCES AS OF '-� F. Z Co /.mob � , r .1k-‘71k0 SUBMITTED ,. Kyndle Cay, LLC Agenda Item 6 Page 8 Disclosure Statement 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:Kyndle Cay LLC If an LLC, list all member's names: Alan S. Resh, Sole Member 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Z 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:Highland Parish Community Association, Inc. If an LLC, list the member's names: Page 2 of 7 Kyndle Cay, LLC Agenda Item 6 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Stephanie Harris, President; Heather German,Vice President; Christine Brush, Treasurer; Rick Gilbert, Secretary; Mark Barclay, Director (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. • —s 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 Kyndle Cay, LLC Agenda Item 6 Page 10 Disclosure Statement Nifi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) N n Accounting and/or preparer of Ed Jones your tax return E15.< Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ig purchaser of the subject property I/\ (identify purchaser(s)and purchaser's service providers) nConstruction Contractors EZn Engineers/Surveyors/Agents Maser Consulting Financing (include current Monarch Bank z 1 I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) N n Legal Services Sykes.Bourdon,Ahern&Levy,P.C.; Real Estate Brokers/ Harry R.Purkey,Jr.,Esquire El Agents/Realtors for current and anticipated future sales of the subject property 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C Li 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 Kyndle Cay, LLC Agenda Item 6 Page 11 Disclosure Statement ligi3 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 Applicatir �---..;,(7--- -C_ Alan S. Resh, Sole Member y,a 1.1fr `APPNCAT'S SSI NATURE PRINT NAME DATE Kvndle Cav LLC Page 5 of 7 Kyndle Cay, LLC Agenda Item 6 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) [ 1 Accounting and/or preparer of your tax return n n Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n n the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed F IX purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n ® Construction Contractors CEngineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I © Legal Services Real Estate Brokers/ z Agents/Realtors for current and l 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 C fin) 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 Kyndle Cay, LLC Agenda Item 6 Page 13 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 A plication. ` vm,1 ( Stephanie Harris, President AgY-014, PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Highland Parish Community Association, Inc. Page 7 of 7 Kyndle Cay, LLC Agenda Item 6 Page 14 Item#6 Kyndle Cay, L.L.C. Subdivision Variance 2283 Salem Road District 7 Princess Anne July 13, 2016 CONSENT An application of Kyndle Cay, L.L.C. for a Subdivision Variance to Section 4.1 (b)of the Subdivision Regulations on property located at 2283 Salem Road, District 7, Princess Anne. GPIN: 1484-04-4747- 0000; 1484-04-2846-0000. CONDITIONS 1. When subdivided, Lot 10 shall be in substantial adherence to the submitted Site Plan entitled, "VARIANCE EXHIBIT FOR KYNDLE CAY, LLC,SUBDIVISION OF KYNDLE CAY,VIRGINIA BEACH, VIRGINIA," dated April 29, 2016 and prepared by Maser Consulting P.A. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 6. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so note,the Commission approved item 6 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ,. cb , .0,---- thity-- • .,, 1 .. „.. . / ----. *54/ 1: .....r,.. CD .1 `,,, ce \ orty 4111114o:pp., ,, ,•/ _,, 1 411 N.) N\ • 41k ' , . . qe \ Nti4 14 5`4kk fi ..,77*.-„ts• `''N ' v47 Nti4,: 4,%* 4k C%ii 4/loisl (6 44,.• th 4yr ,.._ .... .:E s / \ .„. :::01 \\%\\\ \ \ \ \ \ ‘I . lit 4\4:s\ ..,:;\\\ '441‘ s 4::114 \-;L:).13 8\\S'1" N - . AO ' ' No ca, \\\** \\\\**S\‘\ \ \ \ •-•\%. '*' - lb , N,i, , N'sq u e� 4� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TURNING POINT CHURCH [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit, 2641 Princess Anne Road (GPIN 1494641457). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: September 6, 2016 • Background: The applicant requests a Modification of the Conditions of a Conditional Use Permit that was originally approved in December of 1996, and subsequently modified in February 2008 and May 2011. The previous modification extended the use of the portable unit on the site for an additional five years. The applicant now requests an additional extension of five years. • Considerations: The applicant is proposing to add additional street frontage and foundation landscaping to the site. The skirting around the base of the portable unit will also be replaced and maintained. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Letters of opposition were received about the request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 with the following conditions. All conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996 and the subsequent Modification of Conditions granted on February 12, 2008, and on May 24, 2011, shall be deleted and replaced with the following: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The existing temporary access to the site from Princess Anne Road shall be removed once an alternative access is established. Turning Point Church Page 2of2 3. One portable modular structure shall be allowed for a period of five (5) years from the date of City Council approval of this request. The modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition 1 above. b. The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under-carriage of the unit. The skirting shall be maintained and shall not fall into a state of disrepair. c. Foundation landscaping, consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 4. Street frontage landscaping, consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. • 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 2jr--;F— City Manager: ML Applicant & Property Owner Turning Point Church Agenda Item Public Hearing July 13, 2016 11,3City Council Election District Princess Anne il. Virginia Beach Request Modification of Conditions (Conditional Use 1 r Permit approved by City Council on December g''=,� s €� 3, 1996, modified February 12, 2008 and °''wo ' j modified May 24, 2011) 670 d8 DNL � 5 ` a cs Staff Planner '`,,. Jimmy McNamara .. X6'4 �__ __,_ b \ ob Location \', 2641 Princess Anne Road .t \\GPIN 4 1494641457 a `� • P r r Site Size ,� \ 10.8 acres oa AICUZ ! I' Less than 65 dB DNL Existing Land Use and Zoning District Religious use/AG-2 Agricultural Surrounding Land Uses and Zoning Districts ��4.;}4 , North 1,- ;a 4: 11r7 , Princess Anne Road * _ _ a Single-family dwellings/R-10 Residential South a psi . George Wyth Drive -1 Wooded lot,Commercial shopping center/B-2 �f".•.p� `4 Community Business - '� East • 1 m`4., Wooded lot/AG-2 Agricultural `�,:„ z West ., Cultivated field/AG-2 Agricultural �� I. ` ti y it // �. 5N C: qAM « Turning Point Church Agenda Item 4 Page 1 Background and Summary of Proposal • On December 3, 1996, a Conditional Use Permit was approved for a Religious Use on the subject site. • The Virginia Beach City Council granted a Modification of the Conditional Use Permit on February 12, 2008, that allowed the placement of a portable unit for education and ministry related activities, south of the existing church. The use of the portable unit had a time limit of three years from the time of approval. • On May 24, 2011, a Modification of the Conditions was approved that extended the use of the portable unit for another five years. • When the previous modifications were approved allowing the portable unit,the church believed they would have ample time to raise funds to construct an expansion to the main structure. Unfortunately,those efforts have fallen short, and accordingly,the applicant now requests that the portable units be permitted to remain on-site for an additional ten years. • The portable unit is a single-story structure that is set back a great distance from Princess Anne Road and is partially screened by the existing church building. It is equipped with an ADA accessible ramp. , , ( , i'. — \\ Zoning History ;-4-:;:.." / 'R-10 # Request �' 1 MOD Approved 05/24/2011 asaoaeoryiNiNMOD Approved 02/12/2008 C.', CUP(Religious Use)Approved 12/03/1996 ' / ` = MOD Approved 10/27/1994 /40,": ,:::'-',..4„ CUP(Religious Use, Day Care Center&School)Approved • AG-1 :,'7" AG-2 10/26/1993 / 2 MOD Approved 05/10/2011 /'" ��j' N, `' CUP(Fuel Sales)Approved 05/10/2011 Af 3- � MOD Approved 03/27/2007 1 0 i' " 4'I CRZ AG-1 AG-2&B-1 to Conditional B-2)Approved ��o per: � ( pp A-1. 06/08/2004 A-1.10 Bl \� / AG-1 B-2' �, REZ(AG-1 to B-1)Approved 02/02/1978 NN o , `,�a� �� 3 CUP(Religious Use)Approved 06/10/1997 CRZ(AG-1 to Conditional A-18)Approved 07/08/2014 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 Turning Point Church Agenda Item 4 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this parcel as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons.The Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduced by-right residential density for property within restricted Air Installation Compatible Use Zone (AICUZ);yet overall still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. It is not the intent for Princess Anne Commons to become part of the urban area north of the Green Line. Instead,the general goals for land uses of this area are to encourage quality-planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. (p. 4-1,4-2) The Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial, institutional uses, and open spaces that are compatible with and complementary of the form and function of the Municipal Center and Court Complex. The Princess Anne Historic and Cultural Overlay Zoning District should be expanded to include all of the Historic Princess Anne Center,which includes the subject site. (p. 4-12) Additional planning policies for this area are in the ITA and Vicinity Master Plan that serves as the master plan for Princess Anne Commons. As a component of the Princess Anne area that falls outside of restricted AICUZ,the ITA and Vicinity Master Plan calls for this parcel to be agricultural/rural residential. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. As noted above,the Comprehensive Plan calls for the expansion of the Princess Anne Historic and Cultural Overlay Zoning District to include this site; however,the site currently is not located within the overlay district. Traffic Impacts No additional impacts to traffic are anticipated with this request. Public Utility Impacts Water and Sewer The site currently connects to both City water and sanitary sewer service. Evaluation and Recommendation It is Staff's opinion that the proposed extension of the use of the portable unit for an additional ten years is acceptable until funds for a permanent educational wing can be raised. A portion of the undercarriage skirting has been damaged and needs replacement, or repairing. A condition has been added recommending the repair or replacement of the existing skirting and the planting of foundation landscaping along the skirting that is visible from Princess Anne Road and the adjacent property. It is also recommended that street frontage landscaping, adjacent to the existing parking lot be installed to bring the site into compliance with the planting requirements of the Zoning Ordinance. Staff recommends approval of the request subject to the conditions below. Turning Point Church Agenda Item 4 Page 3 Recommended Conditions All conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996 and the subsequent Modification of Conditions granted on February 12, 2008, and on May 24, 2011, shall be deleted and replaced with the following: 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The existing temporary access to the site from Princess Anne Road shall be removed once an alternative access is established. 3. One portable modular structure shall be allowed for a period often (10)five (5)years from the date of City Council approval of this request. The modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition 1 above. b. The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under-carriage of the unit. The skirting shall be maintained and shall not fall into a state of disrepair. c. Foundation landscaping, consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 4. Street frontage landscaping, consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Turning Point Church Agenda Item 4 Page 4 Proposed Site Layout 41110 Proposed Street Frontage Landscaping Existing Church Building Existing Parking Proposed Foundation Planting 1 Existing Portable Unit Turning Point Church Agenda Item 4 Page 5 Site Photos „ • 111 111 111 111 4.4riff, 1 _. Pr jt- Turning Point Church Agenda Item 4 Page 6 I I Disclosure Statement Virginia fieari, APPLICANT'S NAME -Tu.) ,._f rye, , „ -t— LP) 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) 9 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 Pagel of 7 Q Er v7Ciit, {rc5 OC�tl7 �{/�i u —'E 7Ss L • 51iJ -.!, kt. -TL Turning Point Church Agenda Item 4 Page 7 Disclosure Statement 11/4B Virginia Beach l l Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:i L% ,-)�_, i . 7 ',-t- (-- L, 11 If an LLC. list all member's names: J _ CIt; r f ) c__ �' � � lG I' � r , , 7 ( f�j ".Tt .- /-Ft"t £-0rr_C_ If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) 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. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. 124 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: i r- %) ' .1 7 ' c' • "")-1- C:_�G' r �__.1 If an LLC, list the member's 1 names: ,/ I t-.. ,Y! e..... A- s A-b0 �'C= Page 2 of 7 Turning Point Church Agenda Item 4 Page 8 Disclosure Statement 1\8 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. "Affiliated business entity relationship" means "a relationship, other than p p, 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. nanusesamenome 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 Turning Point Church Agenda Item 4 Page 9 Disclosure Statement APPLICANT Virginia Beacl, YES I NO I SERVICE l ( PROVIDER(use addidonai sheets it j l_. _needed) ffl Accountin f and/or re aver o .:•.h ivy i.r,-�lr your tax return ;7 " � _�i i j _7 " 2_- 11 ElArchitect/Landscape Architect/ L- Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 111 'r1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 ® Construction Contractors DEngineers/Surveyors/Agents 'rte '.� �'`'yr'ye: Financing(include current is .' T r Y s D mortgage holders and lenders Z c'�, 't"'r"") selected or being considered to \r' 3 v provide financing for acquisition or construction of the property) I- E ) - 6,D c. ® 1=1 Legal Services t'' G•• :._r lir_.—;� /� 4 �:r.y cy ` 4a • -I 7J - Real Estate Brokers/ I ! 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 4 of 7 Turning Point Church Agenda Item 4 Page 10 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 Application. 4:e r , r APPUCANT'S SIGNATURE 1C PRINT NAME ' DATE Page S of 7 Turning Point Church Agenda Item 4 Page 11 Disclosure Statement Atka OWNER Virginia Beach IYEs I NO I I SERVICE I I PROVIDER Giscal o„i sheets if I 1 ® ❑ Accounting and/or preparer of S otr.,ti N h � your tax return W U i * �3� t4 .L ;2.2 ❑ ® 75`7- ' 7i- -7 oz. 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 1 1 Engineers/Surveyors/Agents t.624 -t-l�S-(ofS'o0 Financing(include current (3G , iC 0g H I••-vi 7 mortgage holders and lenders Z p y ;7,, <r- s »n e iZ d IA I.�l selected or being considered to V i3 V ,4 provide financing for acquisition or construction of the property) ?__ ❑ Legal Services To h n G IA C l�+y A / Real Estate Brokers/ SS a y - �-175- f3 g te,, ❑ 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 Reach have ❑ E• an interest in the subject land or any proposed development Ilicontingent 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 Turning Point Church Agenda Item 4 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 any public body or committee in connection with this Application. iu�hzr 4-/-f5'-/k PROPERTY OWNERS SIGNATURE / PRINT NAME ' DATE _ h Page 7 of 7 Turning Point Church Agenda Item 4 Page 13 Item#4 Turning Point Church Modification of Conditions 2641 Princess Anne Road District 7 Princess Anne July 13, 2016 CONSENT An application of Turning Point Church for a Modification of Conditions (Religious Use) on property located at 2641 Princess Anne Road, District 7, Princess Anne. GPIN: 1494-64-1457-0000. CONDITIONS All conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996 and the subsequent Modification of Conditions granted on February 12, 2008,and on May 24,2011,shall be deleted and replaced with the following: 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The existing temporary access to the site from Princess Anne Road shall be removed once an alternative access is established. 3. One portable modular structure shall be allowed for a period of five(5)years from the date of City Council approval of this request. The modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition 1 above. b. The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under-carriage of the unit. The skirting shall be maintained and shall not fall into a state of disrepair. c. Foundation landscaping,consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 4. Street frontage landscaping,consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 4. Item#4 Turning Point Church Page 2 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 4 for consent. The applicant Edward Thomas appeared before the Commission. / cà '/ T is 1 I M T" 03 AC*144 *I r dis•h,„ N44,4, w/41101111/4,., . 11).. / / . / -----, . _....,, /1Ti - - /( r r s , .....4 . / „L., ce to 1ce / ----,.. ....._ ., ,...„._ „„ I... *"..-s------------_,......„, )alklPt----------z 4 .. _,........... 1f .......... i ... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: B&J LTD OF VIRGINIA [Applicant& Property Owner] Conditional Change of Zoning from B-1 Neighborhood Commercial District to Conditional R-5R Residential District. Ocean View Avenue, West of Fentress Avenue (GPIN 1570626356). COUNCIL DISTRICT—BAYSIDE MEETING DATE: September 6, 2016 • Background: The request is to rezone two, 25-feet by 100-feet B-1 Neighborhood Business District lots to Conditional R-5R Residential Resort District for the purpose of constructing one, single-family dwelling. These parcels have been zoned commercial for many years and were platted in the early 1900s. The existing internal property line will be vacated in order to create one, 5,000 square-foot parcel. The proffer agreement limits development on the site to one, single-family dwelling with elevations that depict a contemporary, three-story building with an exterior of stacked-stone veneer siding and stucco design. • Considerations: While not required parking for a nearby restaurant, these gravel lots and the large gravel area to the east have been used over the years for parking for that restaurant. As a majority of the lots in the vicinity have been developed over time with residential uses, the transition of this site from commercial to residential is consistent with surrounding land uses. As the site is currently zoned B-1 Neighborhood Business District, subject to meeting minimum parking requirements, several higher traffic generating uses, such as an office or restaurant, could be constructed on the property as a matter of right. The proposed rezoning is viewed by Staff as being more compatible than the existing commercial zoning and is more in line with the recommendations of the Comprehensive Plan. Further details pertaining to the request, as well as Staffs evaluation are provided in the attached Staff report. There was opposition to this request. The opposition centered around the existing parking and traffic issues in the neighborhood. • 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 as proffered. B&J Ltd. Of Virginia Page 2 of 2 IN Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen43r-________. City Manager: 7-714L, Applicant & Property Owner B&J Ltd. of Virginiai 11Agenda Item Public Hearing July 13, 2016ayside City Council Election District B ow oi B 1 0 Virginia Beach Request Conditional Rezoning (B-1 to Conditional R- 5R) Staff Planner Carolyn A.K. Smith ��"e'"'44Y e aQ.e. c yeetdne Location a Ocean View Avenue, approximately 170 feet west of Fentress Avenue GPIN I 4. • 7 F 1570626356 P9Y�e Q �ed'� ted V '. 4 ` ew.QY Site Size a�'eck Body _° F ��e ' 4 5,000 square feet m t °ted h,e 410, ; AICUZe tone 4'4Yen,e G"dm stee t M Less than 65 dB DNL Existing Land Use and Zoning District Gravel parking area/ B-1 Neighborhood _.-,&_� �- Business .. ' r"" . s cYr" .''''. • •` Surrounding Land Uses and Zoning Districts . • : North ' �` € ,..',7,--, ("-;---f . Vacant lots, Chesapeake Bay/R-5R Residential '' Resort South 4. - , Ocean View Avenue Duplex dwellings/R-5R Residential Resort ' " o�"''East , , Gravel parking area/ B-1 Neighborhood �`� � ` Business h��LR,'`0 ' :. `I West ,e` _ ii Vacant lot, duplex/ R-5R Residential Resort - '• B&1 Ltd. of Virginia Agenda Item 10 Page 1 Background and Summary of Proposal • The applicant proposes to rezone two, 25 feet by 100 feet B-1 Neighborhood Business District lots to Conditional R-5R Residential Resort District for the purpose of constructing one, single-family dwelling. • The existing internal property line will be vacated in order to create one, 5,000 square-foot parcel. • While this change of zoning request is to R-5R Residential Resort District, which perrTiits either a single-family dwelling or two units within a duplex, the proposed proffer agreement limits development of the site to one single-family dwelling. • The submitted layout plan depicts a three-story, single-family dwelling with a driveway off of Ocean View Avenue. • A wall to surround the dwelling is proposed along the sides and across the front of the property, other than an opening for the driveway. • The Bayfront property has a bulkhead and is currently part of a large gravel parking area for a nearby restaurant. • The elevation provided by the contract purchaser depicts a contemporary, three-story building with an exterior of stacked-stone veneer siding and stucco design. Two, single-car garage doors are depicted on either side of the staircase that leads to a second floor entry. Porches with bronze cable railings are proposed on the front and rear exteriors. A bronze color standing-seam metal roof is also proposed. I R 5R _ i ,/ / / ' • • // No Zoning History in the vicinity. B-1 B-1 f j -5R 7.",,,,,,./R 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 B&J Ltd. of Virginia Agenda Item 10 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the "Suburban Area" Planning Area of the City. The guiding planning principles for the Suburban Area seek to ensure that continued stability,sustainability, and quality in our City and to guard against possible threats to that stability, by providing a framework for vibrant and distinctive neighborhoods and places. This can be accomplished by ensuring that proposed land uses are appropriate and compatible with surroundings, protect natural and designed open spaces, and provide utilities, transportation, and services adequate to meet existing and future needs. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. This bulk-headed, Bayfront property is located in the VE flood zone, as shown on FEMA's Flood Insurance Rate Map. While this is in a Special Flood Hazard Area (VE Zone), it is not in the Floodplain Subject to Special Restrictions; therefore, no Floodplain Variance is required. It should be noted that all proposed structures will be required to have a finished floor elevation of at least two feet above the base flood elevation. Other than the VE flood zone, there are no significant environmental or cultural features on the site as it is developed with a gravel parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Ocean View Avenue 6,200 ADT 1 9,900 ADT 1(LOS 4"C") Existing Land Use 2—66 ADT 11,100 ADT 1(LOS 4"E") Proposed Land Use 3-10 ADT 'Average Daily Trips z as defined by 5,000 square 3as defined by one single-family 4 LOS=Level of Service feet of B-1 zoning dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Ocean View Avenue in the vicinity of this application is considered a two-lane undivided local/collector street. It is not included on the MTP. There are no roadway CIP projects in the vicinity of this site. Public Utility Impacts Water This site must connect to City water.There is a six-inch City water main in Ocean View Avenue. Sewer This site must connect to City sewer. There is an eight-inch City sanitary sewer main in Ocean View Avenue. Evaluation and Recommendation The lots along Ocean View Avenue and throughout the neighborhood were platted in the early 1900s. This site has been zoned "limited commercial" since this area of Virginia Beach was part of Princess Anne County, years before it was incorporated into the City of Virginia Beach. As a majority of the lots in the vicinity have been developed over time with residential uses, the transition of this site from commercial to residential is consistent with surrounding land uses. As the site is currently zoned B-1 Limited Business District, subject to meeting minimum parking requirements, several higher traffic generating uses, such as an office or restaurant, could be constructed on the property as a matter of right. B&J Ltd. of Virginia Agenda Item 10 Page 3 It should be noted that this property and the vacant properties to the east to Fentress Avenue, all of which are owned by the applicant, while often used for parking for the existing restaurant at Fentress and Ocean View Avenues, are not required parking areas for that use. As that restaurant has been in existence for many years, and before the City of Virginia Beach was incorporated, the restaurant exists as legally nonconforming in terms of zero on-site parking spaces. The proposed rezoning is viewed by Staff as being more compatible than the existing commercial zoning and is more in line with the recommendations of the Comprehensive Plan. Based on this, Staff recommends approval of the rezoning, subject to the proffers below. Proposed Proffers 1. When the Property is developed, the two (2) lots which comprise the Property shall be resubdivided into one (1) lot upon which only one (1) single-family home will be constructed substantially as depicted and described on the "Concept Site Plan Exhibit of Lot 28 & Lot 27 Chesapeake Park,Virginia Beach,Virginia," dated April 26, 2016, prepared by WPL(hereinafter"Site Plan") which has been exhibited tot eh Virginia Beach City Council an d s on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the house as depicted on the Site Plan shall have the exterior and architectural features and appearance substantially as depicted on the five (5) exhibits designated "Schematic Design, Gingerich Residence," dated April 26, 2016 (hereinafter"Elevations") which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. B&J Ltd. of Virginia Agenda Item 10 Page 4 Proposed Site Layout THIS IS TO CERTIFY THAT ON APRL 25.2016.WE SURVEYED THE PROPERTY SHOWN ON THIS PIAT AND THAT THE PROPERTY LINES or RECORD AS SHOWN IN.MAP BOOK 6,PAGE 123 AND THE WALLS OF THE WPI SIGNED BY BUILDINGS ARE AS SHOWN ON THIS PUT.THE BUILDINGS STAND WITHIN THE SAID PROPERTY LINES AND THERE ARE NO VISIBLE ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY,EXCEPT AS SHOWN CHESAPEAKE BAY -,0,pyTH oppj BAYS/DE AVENUE �G, (50' R/W - UNIMPROVED) (MB. 6, PG. 123) I ; RIC . ARNERz Lie. . 2904 I 1 ` 04/26/2016 �.. I I I 11 C3 rDSURAL ILIII -4` . • LOT-13 & LOT-14 LOT-15 & LOT-16 (M.B. 4, PG. 47) I (M.B. 4, PG. 47) GPIN: 1570-62-5413 GPIN: 1570-62-5461 I I I S 64'0.3.51?-E 50' 25" 25' BLOCK 6 LOT 28 LOT-27 2.31' 1 ; // _ T uc tg' \ O(49(, 8.0' 11,A. PRIVACY WALL 3400' PRIVACY WALL N B'HEIGHT MAX . O B'HEIGHT AJAX �j QI PROPOSED wm 3-STORY FRAME 3 DWELLING 'S W ES IV o h LOT-29 o N LOT-26 (M.B. 6, PG. 123) to "5 (M.B. 6, PG. 123) GPIN: 1570-62-4345 h GPIN: 1570-62-6356 N BALCONY WALL HEIGHT CHANGE = B.0•_ 34.00' AT FRONT YARD L j SETBACK PRIVACY WALL-,\\� BALCONY PRIVACY WALL 4'HEIGHT MAX "? ' 4'HEIGHT MAX ' CONCRETE ry ------- DRIVEWAY -f 170.5'TO FENTRESS AVENUE w (M.B 6, PC. 123) . ?\ -.---- 20.0 . ' xo--x .. 5� PIR FOUNDN 64'03'59" W 50" 25' CATEGORY I LANDSCAPE r 7/ —_--r-'5---_._ -_SCREENING OCEAN VIEW AVENUE (70' R/W) (M.B. 6, PG. 123) FLOOD RFORMA11ON:THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE yE(ELEVATION 9)COASTAL FLOOD ZONE WITH VELOCITY HAZARD(WAVE ACTION).AS SHOWN ON EE.M.R'S FLOOD INSURANCE RATE MAP(F.IR.M.)FOR THE CITY Of VIRGINIA BEACH,ViR-INIA, COMMUNITY PANEL NO.5155310017G, DATED JANUARY 16,2015. WPl IS NOT A PARTY IN DETERMINING THE REQUIREMENTS fOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING,FOR FURTHER INFORMATION,CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NO1 SHOW ANY/AL1 EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. THIS PLAT DOES NOT INTEND 10 REPRESENT A SUBDIVISION OF LAND. CONCEPTUAL SITE PLAN EXHIBIT OF LOTS 27 & 28; BLOCK 6 MI '; ; ! , CHESAPEAKE PARK PLAT RECORDED IN MAP BOOK 6, PAGE 123, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA Woe Ognirgo; VIRGINIA BEACH, VIRGINIA 0,10 rail*art t;m H757i= SCALE: I" = 20' APRIL 26, 2016 CAD/chic:6JW/eAg CITY OF VIRGINIA BEACH, VERGE/HAI F.B.1037 PG.69 'PIAT:C-156 'JN:216-0113 B&J Ltd. of Virginia Agenda Item 10 Page 5 Proposed Front Elevation 'I ROOF ROOF DESSENMT ROOF,DESIGN INTETE - NT- BRONZE %- BRONZE METAL CHIMNEY CAP f-1-I 8 STACKED STONE CHIMNEY,DESIGN INTENT mmemm •ELDORADO STONE MOUNTAIN LEDGE- i�= BETTEROOT ft I _ s _.•111111111111.611-II I I • THIIID FLOOR CEILIN _ bale" ..,i...--T-4 gliallill-MLII° , i -,� / CEMENI/T10U5 JlI1 nib FIBERBOARD OR COMPOSITE FASCIA AND SOFFIT.COLOR TO MATCH STANDING SEAM METAL r ROOF l. i 157.74.7 .=...2 1,.:.. C' C :azo . __ :: •• Y _ a�l. te_ : 03-THIRD FL•00 R n ,"r-f, _5m4. ELI G ls�--.�-_--+ 02-C I N M1111•11 - =MN —r-lam I T:� =�- T=��_ -7.1). =: iZmalz ��s �;�� • �^-�=�y3 STUCCO.oE.uGN =�S�=sem ... � ...,4"-.e. 4 = STUCC-STY.coNTON I _ -1a - L- ALUMINUMCLAD t .-a+�- ��+a -f T�'ta' nMg-L•.; wINDOWS AND DOOR �� _: if=�sr'', Et 77W MI a j�aaVa SYSTE,S wrtH LITE _ PATTERN AS$MOWN. - , r� i '•=1 t44. � BRONZE �.y ...112111,74::=1.1j po,.� .__.■_i =-s^.� BRONZE CABLE RAIL ��—�� .__.!Lwow �__ -i �I .mel T ii�• HANDRAIL,TYP. :�� — 4��° ¢- u.�__. Lam' �4�,��l-� i�Tia':� Ti ii "i�;aR re =� _F�=iii 02-SECOND N "` 1111111Mill 10'-6' APUFENI aa.sai!ear 01-CEILING N A'e .4-..-r-.74. T�..�_', FIBERBOARD OR From - --"�� -=2 a•.I �rLi COMPOSITE WRAPPED �. -- IM‘7.. !e'i --`—. �' L_ CANTILEVER°BALcoNY. =� - �_' ,��r willill a'a t:. COLOR IO MATCH T .■ 1.1 ill OOF ��M l s��',I-. ILI •d�� '1 I STANDING SEAM METAL II -1111111111116. ii r�a�: •=W.. a�, ia:-a�. 'I ,...=--2.� I. SELECTED BY OWNER w! t� r C .� g rl�;_ 4c�-JL �I - I cTZ1 '' �t �. r . . I !t..i --L01-FIRST FLOOR c 0'-0" PROPOSED FRONT ELEVATION STACKED °DESIGN INTENT- ELDORADO STONE MOUNTAIN LEDGE- \ BETZEROOT.TSP I 4GINGERICH RESIDENCE I _ SCHEMATIC DESIGN1600900_ SCALE:3/16"=1'-0" EQUAL SPACES B&J Ltd. of Virginia Agenda Item 10 Page 6 Proposed Rear Elevation trlitt.'' 44* • il� L is, rte, N ,iii11 x PROPOSED REAR LEFT AERIAL GING RICH RESIDENCE SCHEMATIC DESIGN „00,.00 0 SCALE:NOT TO SCALE EQUAL SPACES B&J Ltd. of Virginia Agenda Item 10 Page 7 Proposed Elevation IN d , 1 -______:_.:,„,...,,,. . mg1;-%,„-_:-.„:„.1__ , ..___ , . . , ‘ ,.. , ,.., _._____ ._.._ . . „ , ,._:1„. __ ._ . _ g,...5."• , . ,,, _ •___ . • „10.„---441 so. 4 iS . . , ...... ,_ , 11111r. .-- I b // 7 ' '' . -::: . ''' '''..* '..' -; '' �e -Ii l / i'„ �l i... jii ,1111. , 'III: 1 / I 1 f 41 1 ms's • ,_; 4 -''�,;4 j-, I III r '`Ifli.. ..,:::---- �Ii�til�plllpir' .`' ,,._,illil1111111111'1 .. , I I I�. '`' LII IIIII IIIII PROPOS;:GF_ERRO:NGHT RIGHT AERIAL 'D. .. COSCHEMATIC DESIGN G1 RESIDENCE SCALE:NOT TO SCALE EQUAL SPACES ((� B&J Ltd. of Virginia Agenda Item 10 Dnn.. 0 Proposed Elevation ..../<.10, 11111.1°H111114 ./ II0Iff I hi �I -. 14141.. I-‘"1"4 ;\ ' R I I!lil I! �9 ',' - i 0 1 l*: , PROPOSED REAR RIGHT AERIAL GING 'ICH RESIDENCE SCHEMATIC DESIGN m 16009 / SCALE:NOT TO SCALE (QUAL SPACES B&J Ltd. of Virginia Agenda Item 10 Page 9 Proposed Elevation ....... -...-- , ..._ _._ --,-- i-i.E.:•-• , 11111,PIP'''' At 010„, • •„, ,....„.,„.„, .. I• ii,,,i-k„,„.. Y.',;. 10, • ......„. _,,,. ..,. ,.... ... ., . t-. • ,;:o y,• ,. . . , ,,,.........„._ .. , .. .. ..)t.: .„.. „,:, . 0),... : : y,. .. 1:,.., ., :,.1 • .,.., . . , ...,,• L; , lool, • ,,,.y . • . , . .. . •...„-- P . ,. % ... o . 0 p. -141N%ppo, > Ili 1111 - ' PROPOSED FRONT LEFT AERIAL 1,1- 1 ./..----,"-;--------.'-'-'. . ,,. 0 : SCHEMATIC DESIGN GINGERICH RESIDENCE SCALE:NOT TO SCALE 16009.M EQUAL SPACES B&J Ltd. of Virginia Agenda Item 10 Page 10 Site Photos 4.4 IIkI3! I it L B&J Ltd. of Virginia Agenda Item 10 Page 11 Disclosure Statement Virginia Beach APPLICANT'S NAME B &J Ltd. of Virginia, a Virginia corporation 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 Appeals q Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • 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/ mutt be updated tvepn tr,it'll Page 1 of 7 FQn-.no Cumnriss, and C:ty Luunul meeting that pertains to the applicar olus pppp..❑,,,� APPLICANT NOTIFIED OF HEARING D:aE NO CHANGES AS OF DATF SY151140 , I REVISIONS SUBMITTED DATE `41111.' B&J Ltd.of Virginia Agenda Item 10 Page 12 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I^ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:B&J Ltd. of Virginia 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) Stephen L. Michaels, President/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) 1 See next page for information pertaining to footnotes and Z • • 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: ; E AS _MN-444%bn If an LLC, list the member's names: Page 2 of 7 B&J Ltd.of Virginia Agenda Item 10 Page 13 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • 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 B&J Ltd.of Virginia Agenda Item 10 Page 14 Disclosure Statement APPLICANT Virginia Beach II YES NO SERVICE PROVIDER(use additional itional sheets if nn Accounting and/or preparer of Michael Counsel,CPA f your tax return X- Architect/Landscape Architect/ — Land Planner CContract Purchaser(if other than Michael&Caroline Gingerich rithe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n X purchaser of the subject property l I - (identify purchaser(s)and purchaser's service providers) • NConstruction Contractors nn Engineers/Surveyors/Agents WPL Financing (include current TowneBank LJ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CC Legal Services Sykes,Bourdon,Ahern&Levy,P.C.; Real Estate Brokers / James B. Lonergan, Esq M Agents/Realtors for current and �l ',\I 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 U C 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 B&J Ltd. of Virginia Agenda Item 10 Page 15 Disclosure Statement NB 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 A. - ication. - ik, 1 � � Stephen L. Michaels, President MI: • • • -1121 DATE 1 Ernin -j Page 5 of 7 B&J Ltd. of Virginia Agenda Item 10 n___ Item#10 B &J Ltd.of Virginia Conditional Change of Zoning B-1 Neighborhood Business to R-5R Residential District Ocean View Avenue, west of Fentress Avenue District 4 Bayside July 13, 2016 REGULAR Jeff Hodgson: Please call the next agenda item. Jan Rucinski: The next item on the agenda is item 10. B&J Ltd. of Virginia, Conditional Change of Zoning, B-1 Neighborhood Business to R5-R Residential District on property located on Ocean View Avenue,west of Fentress Avenue, District 4, Bayside. Is there a representative for this item? Eddie Bourdon: Thank you Ms. Rucinski. Mr.Chairman and members of the Commission, Eddie Bourdon, a Virginia Beach attorney, representing B&J Ltd, of Virginia,Stephen Michaels, Principal of B &1 Ltd. is here as well. Recognizing this site, it was on your consent agenda,and has a positive recommendation from City staff, I will be brief in my remarks. And, Ms.Smith did an excellent job in the write-up and at the presentation this morning. It is Buoy 44 and previously it was Alexander's at the Bay, and it was actually something before and I think it was present on Chic's Beach back in the early 60's, but I could be corrected on the time frame. It could even have been part of that time. But anyway, the restaurant that is here is not required to have any of this parking but the owner owns these other lots and they is parking that he has utilized, even when it was Alexander's on the Bay,which I had some familiarity with, which we won't go into all of that. This parking lot has never been necessary in its entirety to serve the restaurant. It is not required to even be there for the restaurant. As a matter of fact, the restaurant is grandfathered without it. The property is zoned B-1,where the parking lot is located and it is bulk headed. And as such, another restaurant can be built on this piece of property using the parking that would now be required for it on this piece of property. It is by today's standards currently spot zoned. What the owner proposes to do is take two of the 8 lots,one quarter of the number of lots, but less than 20 percent of the area of the parking lot because of the way the bulk head is on the lots, it is narrower here than it is on the east end. And allow those to be taken out of this by proper rezoning and a single-family dwelling built in accordance with all of the requirements of the R-5R zoning district which we propose to rezone the property to,which matches everything else around us, only with single-family homes versus duplex across the street. I think everything is a duplex. And most of those on the beach are duplexes. This will just be a single-family residence. The Chesapeake Beach Civic League, I am told, met and had a large turnout and a vote and it was overwhelming not to oppose this application. I understand there are speakers here. I suspect there are folks who live on the opposite of Ocean View Avenue and have concerns about their view.And I will await any questions. And I appreciate the opportunity to rebut. Jeff Hodgson: Thank you Mr. Bourdon. Are there any questions? Jan Rucinski: Okay,we have no other speakers in support. So our first speaker in opposition is Wally Damon. As you come forth,will you please state your name for the record. Item#10 B &J Ltd.of Virginia Page 2 Wally Damon: My name is Wallace Earl Damon,Jr. I live at 2242 Greenwell Road,Virginia Beach. I am a retired carpenter and construction manager. I'm not here representing anybody but myself. Even though there are lots of groups, I am here representing myself. I am a 50 year resident of Chesapeake Beach and I'm opposed to this. I'm not opposed to the restaurant. I love the restaurant. Everybody in Chesapeake Beach loves the restaurant. Before we had this restaurant the way it is, nobody was going there. Mr. Michaels, who is the owner of the restaurant, has done a fantastic job. Such a fantastic job that people are coming to our little community from all over. If we didn't have Greenwell Road, Pleasure House Road, and Baylake Pines, Chesapeake Beach would be great with just this restaurant but people are coming there. They are driving us crazy with their cars. I don't want to lose this restaurant. Please don't let anyone cut this parking lot up. This parking lot needs to be bigger. There are people parking up and down all of our side streets, and it is driving us crazy. My biggest thing that I am here for is the interaction between the people who drive cars and the people who walk off that beach with their children,all of our neighbors. There is too much going on. In 1998, I petitioned the City of Virginia Beach for a sidewalk from Shore Drive down to that restaurant. They put crosswalks at a couple of different places on Greenwell Road at the corner of Lookout Road, but they did not put the crosswalk right there where the restaurant is. There is only one stop sign there. It is the stop sign that goes north on Fentress when you get to the restaurant. There are no stop signs that come down from Ocean View Avenue. They fly through this place. I'm surprised that no one's been killed yet. My wife and I, we ride our bicycles down to this restaurant,and we love going there. Today, I find myself on opposite sides with Mr. Michaels. He and I just recently testified in Circuit Court for the sand on the beach. What's going to happen when the word gets out that Chic's Beach has got more sand? You ask people in Hampton Roads,where is Chic's Beach. They think it is up and down Shore Drive but it is not. Chic's Beach is a 700-foot wide strip of land at the north end of Fentress Avenue. There are way too many cars versus people here. And I'm not going to have it on me not to come here and say something. I have to come here and let you all know that this is a bad idea. If we could have this parking lot get bigger,that would be a great idea. Now if this was the middle of the winter time, we wouldn't have to worry about people walking through this intersection. Jeff Hodgson: Mr. Damon, I have to ask that you start to wrap up. We have 3 minutes for speakers. Wally Damon: Okay. We've got to figure out what is best for the residents here in Chesapeake Beach. What's best for the business? Please don't let the business be cut u because things are going to change. They are going to be worse. I'm asking you all to defer this six months and please do an in depth study of the traffic versus the residents and pedestrian at that intersection. Jeff Hodgson: Mr. Damon,do you understand they could put another restaurant, I believe on that piece of property right now,which would create even more traffic than a single-family home?So, if traffic is your concern,what they are looking to do should greatly help instead of hinder where you hope what the future brings. Wally Damon: It is pedestrian traffic that I'm worried about more than anything. It is not the cars. If it was just cars going through there that would be one thing. If it was just people going through there, it would be another thing. But we got cars and people. This is not Shore Drive. This is a destination that people come to from all over Hampton Roads just to come to this restaurant. It is the best restaurant that there is in Virginia Beach. This is totally the truth and I had to come here. If I hadn't come here and spoken, I wouldn't be able to live with myself. Item#10 B &J Ltd.of Virginia Page 3 Jeff Hodgson: I understand. Any there questions for Mr. Damon? Thank you sir. Wally Damon: You're welcome. Jan Rucinski: Our next speaker is Jack Crocker. Jack Crocker:This is the matter that Mr. LoCash wanted to speak on. Can he speak before me? Jan Rucinski:Certainly. Let me find his card. Okay. Michael LoCash, if you will state your name for the record please? Michael LoCash: Hi, I'm Michael LoCash. I'm a resident of Chesapeake Beach. And I just came down here today to let you all know a few things that you may or may not be aware of. Mr. Michaels did take over Buoy 44. Alexander's used to be the destination in the evenings for dinner time. And during the day, as Walter had mentioned,the traffic has increased because he is now serving lunches. I do understand what you are saying about putting a restaurant there. I don't know how a restaurant in Virginia Beach can have no parking for the patrons that go there. I've been a resident of 25 years there. As Walter mentioned,there are a lot of parking issues and there are a lot of people in the roads during the day, especially on the weekends when you come down the roads.They are carrying all kinds of things, babies,gear wagons, and things like that everybody has to be aware of,and by putting any structure that prohibits any more just for parking is going to push people farther back into the residences,and there will be more traffic coming down through Fentress Avenue,and then you got a couple of ingress/egress areas but that one being the main source. There is a bit of history. I know that probably doesn't matter here being Chic's Beach. It is the former site of where Alexander's used to be a long time ago. I guess my biggest concern is just that that the increased traffic from people parking further back because they are not able to park at the restaurant which, I think you are going to see some photos, if not already prepared,they park in that one area. There are 16 spots that are going to go away but they actually double park in that area. Mothers' Day alone,there were close to 70 cars in the entire lot. They are going to have to find some place to go. We have met with Mr. Michaels as residents, and he explained that there were other interests for other restaurants to take that over as it is. He desires to convert this lot to a residence and build something there. There was an extreme fire there quite a long time ago. I don't know if you were all aware of that but six houses burned down right as you're looking from here and they had a difficult time getting fire trucks and engines in there. They've only replaced three of those six houses since then. I don't know the reasons why but this will add another problem to the area being able to facilitate fire equipment because it is a dead end road as well. As you mentioned, they are adding sand,which is only going to increase the number of people coming down to that beach. It is a wonderful beach. Thank you. Jeff Hodgson: Are there any questions for Mr. LoCash? Dee Oliver: I've got a question for you. Just so that I am clear on the traffic issue. You made reference of people going to the beach. Are they parking there because of the beach or is the parking there strictly for the restaurant? Michael LoCash: Both. My understanding it is both. They can actually pay to park there. Item#10 B&J Ltd.of Virginia Page 4 Dee Oliver: They can pay to park? Is there valet parking for the restaurant? Michael LoCash: Yes. Dee Oliver: So, they double stack? Michael LoCash: Yes. Dee Oliver: That is what I remember from going to that restaurant that they have valet. The valets can make good use of the space that they have. Michael LoCash: Correct. Dee Oliver: So,they are free and able to get all the patrons into the parking lot? Michael LoCash: As many as they possibly can. Now some do, as I mentioned use their bikes to come down and walk down and there are other residents that do that, and then some of them have to park further back as well. Dee Oliver: Okay. Michael LoCash: So,there are a lot of no parking areas in front of it, and there is only parking. There is actually on-street parking that crunches Fentress Road substantially. So, it is like almost one lane, if you will, when all parking is in there, and as he mentioned, maybe a traffic study would be in order to determine what we're actually talking about. Maybe come down on a weekend when there is an extreme amount of traffic flow and when the restaurant is open fully for lunch and dinner and you can see. Dee Oliver: Thank you. Jeff Hodgson: Are there any other questions? Thank you sir. Michael LoCash: Thank you. Jan Rucinski: Jack Crocker. Jack Crocker: Mr. Chairman. Jan Rucinski: State your name for the record. Jack Crocker: Mr. Chairman, ladies and gentlemen, my name is Jack Crocker and I am here to ask you to oppose this request for rezoning the Buoy 44 parking lot. My main concern is safety,and you will be seeing some photos that are being passed around now. When we bought our house there in 2001,the restaurant was Alexander's.That parking lot was full every night of the summer. When the summer days got shorter and cooler, it was full Thursday night, Friday night and Saturday night. The parking is adequate for the restaurant that is there now. Our concern is if you take away 50 feet of parking then Item#10 B &J Ltd.of Virginia Page 5 that is going to be plus or minus 14 spaces. Chic's Beach doesn't have that many additional legal spaces in the entire Chic's Beach. And you will be able to see that from some of the photographs that you have there. My daughter was here on the night that this occurred. I'm sure if you all were in town that you would remember the fire back in 2004. That is a dead end street.There is only one way in and one way out of this street. So, safety is a real concern for me. Fortunately,she got out okay and was not harmed, and I know Mr. Hodgson was talking about safety earlier before the meeting started. There are a lot of Live Oak trees that are in the neighborhood. These trees don't shed their leaves until the new leaves come in the Spring, so; they create shadows at night, and if somebody is out walking in the dark and they have dark clothes on, it is very difficult to see them. And, so we respectfully request for the safety of our neighbors and the patrons of the restaurant that you vote to oppose this request. I have a petition that I have enclosed there with you. There are 61 residents and property owners that have signed this petition.There are also 30 friends who are non-residential property owners in that area that oppose this request for rezoning.These are the people who will have to live with the decision that you all make today.They are the ones that after you all go home and we are still there,we have to be the ones to deal with it. So,think about your house. You have room for 14 additional parking spaces in front of your house. Thank you very much for your time. Jeff Hodgson: Are there any questions for Mr. Crocker. Do you, by any chance, live across the street from the parking lot? Jack Crocker: I do. Yes sir. Jeff Hodgson: Okay.Thank you. Jack Crocker: Okay.Thank you. Jan Rucinski: The next speaker in opposition is Amanda Ash. Amanda Ash: Hello, I am Amanda Ash. I'm a property owner at Chic's Beach. Residents of this area are familiar with the overloaded parking from the visitors to the Beach, as this is something we are familiar with as part of being a beach neighborhood member, and one that we were aware of when we purchased in this area. However,this zoning change will create a hardship in the form of in adequate parking for the restaurant,which is a popular local spot, and one that we got because it maintains seeing the unique style and vibrant flair of our neighborhood. So,even though Buoy 44 is new, it does draw from the local history and recognition of this spot. You may be familiar with it. It is Alexander's from before. Even before that, it was the site starting in 1948,Chic's Hotdog Stand, which is where the name Chic's Beach came from, and as you know, Chic's beach is refers to all of that northeast section of Shore Drive stretching form Little Creek on down to the Lesner bridge. This is the original Chic's Beach, right there on this spot. To maintain adequate parking for this restaurant and to maintain this area as a local landmark,we need to further define the parking needs of this restaurant. We have always had this block attached to it,and it is frequently at capacity, even though it does use a valet system, it has those cars double stacked,as you can see in some of those pictures,which were distributed to you. If the parking spots are taken away, it risks the safety of the local residents and that contentious relationship that overflow parking could create in the residential area,which is already stretched to capacity. Before the rezoning is approved, we need a study to define the parking spaces for that restaurant, which I understand does not have any current parking requirement because of the age of the lots. Yes,the civic Item#10 B &J Ltd.of Virginia Page 6 league did vote to approve this,the vote was 26-20,which is a narrow margin. This is a pretty large geographic area that the civic league represents. You just received a petition that shows signatures of 90 people, 63 of them are residents within that half-mile radius. Ocean View Avenue, Fentress Avenue, and Lauderdale Avenue, would be directly impacted by the parking change here. So I ask that you listen to these local residents that are in the direct vicinity of this zoning change, and as mentioned before, that this is a safety issue. There is basically one parking lot in Chic's Beach.There's extremely limited parking. Ocean View Avenue is a dead end street from that entrance off of Fentress and Ocean View. It is a dead end street,so it is an issue of getting safety vehicles down here, as we saw in the fire in December 2004. So,thank you for listening. Jeff Hodgson: Are there any questions for Ms. Ash. Thank you Bob Thornton: I've got a quick one for you. Tell me exactly where the fire took place in 2004. Was it next to the restaurant? Was it down the street? Amanda Ash: It would be on the left side of that picture right there. Bob Thornton: Going toward the bridge? Amanda Ash: Going toward the bridge. Yes. Bob Thornton: Okay. And six houses burned down? Amanda Ash: See that empty lot that is right next to the highlighted lot,there was a house there.The house next to it burnt down and was rebuilt. The house next to that burnt down and was rebuilt. The two houses next to that burnt down and have not been rebuilt. Bob Thornton: Okay. Amanda Ash: I believe the house next to that burnt down and was rebuilt. Bob Thornton: Okay. So everything from that parking lot going west,those six houses is what was burned down? Amanda Ash:Yes. Bob Thornton: Thank you. Jeff Hodgson: Are there any other questions for Ms.Ash? Thank you. Amanda Ash: Thank you. Jan Rucinski: Our last speaker in opposition is Kara Cooper. Kara Cooper: Good afternoon ladies and gentlemen. My name is Kara Cooper and I am a resident of Chic's Beach. Specifically, I do live in one of the homes that is just across from Buoy 44 and the parking Item#10 B &J Ltd.of Virginia Page 7 lot that is there. I am a renter. I do not own property in this location. I rent there. My boyfriend lives next door to me. He also rents there. He is unable to be here today. And,we are two people and an additional resident that I am aware of that were unable to make the meeting for the civic league vote. However, we were all in opposition to that and I know a petition is coming around and due to my schedule, I have been unable to add my name to it but I would be willing to add my name as well. I am here to voice my opposition as well. I moved to Chic's Beach in 2013 due to its characteristics, history and its vitality to this area. It is unique in the fact that this is a neighborhood that was built and it has already been mentioned that the hotdog stand is where Alexander's was founded and where Buoy 44 sits. It has a long history. We love that restaurant. We love all of our restaurants in our neighborhood. We go to them regularly. We use them regularly. We love to participate in what they do. Buoy 44 specifically holds various events that they put in their parking lot. They have festivals there.They hosted various runs or paddle board races that spawn from that parking lot. And again, as I have already that has been indicated cuttings short that parking lot would severely hinder the neighborhood as a whole especially right there with has already been discussed with regards to the traffic and the issue there. This has historically been used as their parking lot. Again, it attracted me specifically to that neighborhood for that reason. We all bike in that neighborhood. Again,we welcome them being there but changing this would affect our neighborhood. It would affect all of us who live right there greatly. It has been indicated that petition specifically has the names of the people on that street,and within that locality, and in that specific neighborhood, who would directly be impacted by this,who are in opposition specifically to this rezoning. And I would also briefly mention that back in 2000,the Urban Land Institute was asked by the City Council to do a study specifically of the Shore Drive area,and it was specifically mentioned in there that is known for its mix of residential areas, waterways,vegetation and business which share a connection to the Bay and help define what makes this a special area. And, I would say that still holds true today,and in addition to that, it says that businesses in the area should be focused on providing support services to area neighborhoods, primarily with the secondary emphasis on businesses which can perform unique growth in the area and help give it a special character, such as restaurants and marine oriented businesses. So,with that, I see that my time is up. Jeff Hodgson:You can start to wrap up. Kara Cooper: Thank you. So, that is what this restaurant brings to our neighborhood. It is what each of our restaurants including our small local market there within our neighborhood brings. We love them being there. We want them to stay. We want them to stay as is, so as not to cause additional problems. Thank you. Jeff Hodgson: Thanks. Are there any questions? Okay. Thank you. Mr. Bourdon. Eddie Bourdon: I appreciate the folks coming down and expressing their opinion. Wally Damon is a great guy. I've known him probably 50 years. Wally Damon (shouting from seats): We met at the restaurant. Eddie Bourdon: Billy Williams, I'm pretty certain is the one who acquired what is now the parking lot when he owned the restaurant because the parking lot was not part of the restaurant originally,which is why the restaurant is not required to have any offsite parking because they never had any pre-dated zoning in Princess Anne County. Stephen has done a nice job with the piece of property. He has done a nice job with the restaurant. He wants the restaurant to remain viable. He has valet parking. He has Item#10 B &J Ltd. of Virginia Page 8 absolutely more parking than he needs, and the picture that you were shown doesn't even show that in the parking lot. It is valet parking. If you were to simply mark off parking in the remainder of the parking lot, forgetting the 50 feet we are rezoning today or seeking to for the residence, if he was required to have parking, he would have all the parking marked off that he would be required to have under today's parking ordinance without the 50-feet,and has valet parking to boot. So, he has more than enough parking without this 50-foot if he was required to meet today's code requirement. He parks more cars in there using valet, and you are absolutely correct.The reason why traffic is people, especially this time of the year, are coming down and looking for a place to park right on the beach, and that is where th traffic comes from. The simple fact is that this piece of property standing alone can have a restaurant built on it and meet the parking requirements for that new restaurant and the other restaurant can stay right where it is. That would be as the Chairman correctly pointed out and took the words right out of my mouth when talking to Mr. Damon that is exactly what the other alternative is. My client wants to keep the restaurant. He wouldn't be under minding his own successful business by doing this but he has the ability to create one single-family home lot. Now the stuff about the fire. This house will meet all the required setbacks. One of the problems that occurred was old construction. Some of these very old, not all, some were old. Too close together with variances and what have you. Some of the houses were only four feet apart.This house meets every setback requirement. And it meets all current design and construction requirements as well, so it is not a fire hazard. It is located on a public street,the same as all these other duplexes. It's a single-family residence. In addition to the picture that was provided not showing this end of the parking lot, and Stephen Michaels if you needed all that parking he wouldn't be doing this. He doesn't need that much parking. And, about the people going to the beach on the weekend. Sure. There are people lined up trying to get in there and park for the beach. He is not required to provide public parking for people wanting to go the beach. It is not his obligation. The petition, and I don't know who signed it or anything else, is an incomplete petition. It doesn't describe any of the facts in any way that a person who wasn't familiar with the situation would be able to understand the options. I'm not saying that people who signed it didn't understand. I don't know but I always have curiosity when you read what a petition says they are signing. It is easy to go and knock on someone's door and say,they want to get rid of the parking lot for the restaurant.That is a terrible thing. Would you sign our petition? Okay. It is incomplete and again, I'm not saying anybody was trying to mislead anyone but it is. At the civic league meeting, from what I was led to understand, the vote was like 26-13 or 26-14 not to oppose the request for the reasons,the same reasons that we're discussing today and your staff has provide to you in the write-up that you have. I'll be happy to answer any questions. Jeff Hodgson: Are there any question for Mr. Bourdon? Thank you sir. If there are no other speakers, we will close the public hearing. I'm sorry sir. Wally Damon(shouting from seats): I would like to rebut something. He got a couple of numbers wrong that is all. Jeff Hodgson: Not at this point. We will close the public hearing and open it up for discussion among the Commission. Is there anybody? Ms. Oliver. Dee Oliver: I'm sympathetic with the neighborhood and the parking and living on the beach. You brought up on the Oceanfront and I have experienced that all the time. It is difficult at those times during that month when you're trying to park, or ride your bike, and you have everybody from Y Item#10 B &J Ltd.of Virginia Page 9 everywhere is trying to basically be in your personal space. I think the fact that there could be a restaurant there,as the other option. So for Mr. Michaels to put a restaurant up there, and he's a successful restaurant there, would be terrible for that neighborhood. I think that he has taken that into consideration. I think that would really impact the neighborhood quite a bit because then it takes away the parking that he has, he is not required to have it in the existing restaurant. I support this application because I think he has actually looked at it. I'm assuming, or from what I understand, he has really looked at this piece of property and is using it to benefit himself and has taken the neighborhood into by not putting in another restaurant, which would really make a mess for you all. So, I am in support of this application. Jeff Hodgson: Mr. Inman? Mr. Redmond? Mike Inman: Well, as I understand it, B-1 Zoning encompasses more than this restaurant. There could be other business uses that could be established, built and established whether it is some sort of retail shop or whatever. The neighborhood doesn't have many business facilities in that particular neighborhood. There could be some other opportunities for business use. I'm very sympathetic too. I've seen what these people are talking about. We've got to look at what somebody's opportunities are and proper opportunities are with their property ownership. I would have to say that I can imagine the Mr. Michaels would sacrifice this piece of property if he needed it for his successful business. Jeff Hodgson: Mr. Redmond. Dave Redmond: We do land use. That is what we do. To decide whether things are compatible or not, and, I don't know if that it is the most appropriate thing to try and define for a landowner what his use ought to be. And, he will maintain this as a parking lot. I don't think we can do that. That said, residential use is very compatible. It is across from residential use. It is next to residential use. As Mr. Bourdon pointed out, there is plenty of parking adjacent to this restaurant. And he certainly doesn't cut off his nose despite his face. So, I accept that. But I understand the frustration of that personal space that he talked about and these folks called these public streets too, and if there weren't public places, then all of the cars would be getting towed. When we visited this site, believe me,there were a lot of cars parking up and down those streets. There always have and there always will be. That's just the nature of these very dense,very desirable communities,which we are very lucky to have. The restaurant over there where I go is,and 75 percent of the time I go into it, I run into Mr. Ripley because he and I both got there so much, and it is a wonderful place. There are no two ways about it. But I think what's been presented to us is all other respects an entirely compatible use within that neighborhood on the property. I just don't find anything objectionable about it. It is his choice to do it. If there were something objectionable or incompatible I would be the first guy in line saying no way, but it is just a residence. And this is in a neighborhood of residences,so, I would support the application. I don't want to cut anyone off but I will be happy to make a motion. Jeff Hodgson: Is there anybody else? Dave Redmond: I make a motion that we approve application number 10. Dave Weiner: Second. Item#10 B &1 Ltd. of Virginia Page 10 Jeff Hodgson: A motion made by Commissioner Dave Redmond and seconded by commissioner Weiner. Mr. Weeden? 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 Ed Weeden: By a vote of 11-0,the Commissioner has approved the application of B&1 Ltd of Virginia. Jeff Hodgson:Thank you. 1A•BSA c � 11 0, c 0 : .0.,;*14::;::,:1) � e f--,, IN ,: ,, ,, ,.... CITY OF VIRGINIA BEACH INTER—OFFICE CORRESPONDENCE , , , ,✓4- tSaYa �F OUR P;;)NS In Reply Refer To Our File No. DF-9581 DATE: August 25, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils DEPT: City Attorney RE: Conditional Zoning Application; B & J Ltd. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 6, 2016. I have reviewed the subject proffer agreement, dated April 26, 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 B &J Ltd. of Virginia, 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 26th day of April, 2016, by and between B & J LTD. OF VIRGINIA, 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 two (2) parcels of property located in the Bayside District of the City of Virginia Beach, Virginia, containing 5,000 square feet, designated as Parcels One and Two in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels One and Two as described 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 B-1 Commercial District to Conditional R-5R Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land 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 R-5R Zoning District by the PREPARED BY: Q I;l S. i3�8LTRI��➢�. GPIN: 1570-62-6356 (Part of) GIB AHERN&LEVY,P.C. Prepared By&Return To: R.Edward Bourdon,Jr.,Esquire(VSB#22160) Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 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, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or 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, grantees, and other successors in interest or title: 1. When the Property is developed, the two (2) lots which comprise the Property shall be resubdivided into one (1) lot upon which only one (1) single family home will be constructed substantially as depicted and described on the "CONCEPTUAL SITE PLAN EXHIBIT OF LOT-28 & LOT 27 CHESAPEAKE PARK VIRGINIA BEACH, VIRGINIA", dated April 26, 2016, prepared by WPL (hereinafter "Site Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the house as depicted on the Site Plan shall have the exterior and architectural features and appearance substantially as depicted on the five (5) exhibits designated "SCHEMATIC DESIGN" "GINGERICH RESIDENCE", dated April 26, 2016 (hereinafter "Elevations") which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Further conditions may be required by the Grantee during Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. PREPARED BY: MEI SYKES BOUJRDON The above conditions, having been proffered by the Grantor and allowed and MI AHERN LEVY, ) 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 2 and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such 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 PREPARED BY: RN SYKES POURI)ON of the Zoning Administrator and in the Planning Department, and they shall be recorded en AHtRN&LEVY.P.0in 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. 3 WITNESS the following signature and seal: Grantor: B &J Ltd. of Virginia, a Virginia corporation r ,� -7-' f °L'Q'''Q- ' (SEAL) By: 1 t`ep' en . ichatels, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 27th day of April, 2016, by Stephen L. Michaels, President of B & J Ltd. of Virginia, a Virginia corporation, Grantor. *41' , I1/ ,,y �/''�� ln r t� /a'v.1 T'� Notary Public My Commission Expires: August 31, 2018 A. Notary Registration Number: 192628 ,'� t_ 00,04044.1. . ti:s3.0.44114 eUBLIO PREPARED BY: 3.13 SYKES. fOURDON. MI AU{RN&LEVY,P.C. 4 EXHIBIT "A" PROPERTY DESCRIPTION PARCEL ONE: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 27, in Block 6 as shown on that plan of Chesapeake Park, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at Page 123, to which reference is hereby made for a more particular description GPIN: 1570-62-6356(Part of) PARCEL TWO: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach,Virginia, and being known, numbered and designated as Lot 28, in Block 6 as shown on that plan of Chesapeake Park, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at Page 123, to which reference is hereby made for a more particular description GPIN: 1570-62-6356(Part of) H:\AM\Conditional Rezoning\B&J Ltd of Virginia\Proffer.doc PREPARED BY: 1.W SUES. POURDON, d1I AH RN&LEVY.PL 5 \ \ _ -,v. \ 411"14c i tI I� I it 1-.1 \ Cif- !'' I , r f Tr III*11111\Ut \ 1 Mill Ce 10616,--0 Nik 11,, 14%1400. - 1 Io \ . ,,,• ___ .-C"-1 7r. ii \----"*I1 0 cl .—'-j . 01 -- co i_..,_i_ [ , r p \ ic 1 ' i ---, J-Th -- r 7 LI.-- ._._-- .,„,11,Ala - ,r S yL 4.5 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BIRDNECK STORAGE 2, LLC [Applicant & Property Owner] Conditional Change of Zoning from R-10 Residential District to Conditional I-1 Light Industrial District. 1044, 1054, & 1052 Bells Road (GPINs 241658111, 241658214, 2416571965). COUNCIL DISTRICT— BEACH MEETING DATE: September 6, 2016 • Background: The subject sites are currently zoned R-10 Residential and is developed with three single-family dwellings. The applicant intends to rezone and consolidate the three parcels to allow redevelopment of the site with a self-storage facility. The submitted site plan depicts seven single-story storage buildings with nearly 31,000 square feet of floor area. Proffered hours of operation are Monday through Friday from 7:00 a.m. to 9:00 p.m., and on Saturday and Sunday from 8:00 a.m. to 8:00 p.m. The site will be completely enclosed by a combination of a seven-foot high solid wood fence and the exterior walls of the self-storage buildings. No windows or doors are proposed on any of the walls facing out from the site. A 30-foot landscape buffer, planted with staggered rows of trees is proposed along the northern and eastern property lines that adjoin residentially zoned properties. The required 25-foot buffer planted with Category II plant material is depicted on the western property line adjacent to the residentially zoned parcel. • Considerations: The site is located in the greater than 75 dB DNL high noise zone and the APZ-2. Rezoning to Conditional I-1 Light Industrial will remove three single-family dwellings that are not compatible with Article 18 of the City Zoning Ordinance (Special Regulations in Air Installation Compatible Use Zones). To further ensure compatibility with the existing neighborhood, the proposed proffers address factors such as limiting activity on the site to self-storage, hours of operation, perimeter landscaping, building scale, and architectural quality. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Opposition was present at the public hearing and focused on compatibility of the self-storage facility with the surrounding neighborhood. • Recommendations: The Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 5. The applicant, by letter to the City Council dated August 22, 2016, requests an Indefinite Deferral of this application. I I Birdneck Storage 2, LLC Page 2 of 2 ■ Attachments: August 22, 2016 Letter from Applicant Requesting Indefinite Deferral Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Departmen4--F____ City Manager: 7J14 Li S , B SITES, 1 OUDON, A L ATIERN LEW, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK- BUILDING ONE JON M. AHERN 281 INDEPENDENCE BOULEVARD R. EDWARD BOURDON, JR. FIFTH FLOOR JAMES T. CROMWELL VIRGINIA BEACH, VIRGINIA 23462-2989 L. STEVEN EMMERT ANGELINA S. LEE TELEPHONE: 757-499-8971 KIRK B. LEVY MICHAEL J. LEVY' FACSIMILE: 757456-5445 August 22, 2016 HOWARD R. SYKES, JR. LEONARD C. TENGCO 'Admitted in Virginia and Washington DC Via Email&Hand Delivery The Honorable William D. Sessoms,Jr. Councilman John Uhrin Members of the Virginia Beach City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Application of Birdneck Storage 2, LLC for Conditional Rezoning from R-io Residential to Conditional I-1 on an assemblage of three (3) parcels at 1044, 1054 and 1052 Bells Road containing 1.93 acres, Beach District,City of Virginia Beach Dear Mayor Sessoms, Councilman Uhrin and Members of City Council: On behalf of the applicant for the above referenced rezoning, Birdneck Storage 2, LLC, I would respectfully request your support for my client's request for an indefinite deferral of the pending conditional rezoning application. Please be assured that I will communicate this request to Mr. George Minns on behalf of the Seatack Civic League and Mr. Scott Sonier (an adjoining property owner) who spoke at the Planning Commission's public hearing on this application. I will also advise these gentlemen in writing and by phone at least three (3) weeks in advance prior to any scheduled public hearing for this application to be acted upon by City Council. We would appreciate your support for this requested indefinite deferral. Sincer, (,f 4 . Edwar. :ourdon,Jr. REBjr/arhm cc: Ryan Powell,Birdneck Storage 2,LLC Barry Frankenfield,Director,Department of Planning Jimmy McNamara,Department of Planning Eric Garner,WPL H:\AM\Conditional Rezoning\Birdneck Storage 2\Sessoms_Ltr 8-22-16.doc N\IB Applicant & Property Owner Birdneck Storage 2, LLC Agenda Item Public Hearing July 13, 2016 (Deferred on 04/13/2016 and 05/11/2016) City Council Election District Beach Virginia Beach Request Conditional Rezoning (R-10 Residential to Conditional I-1 Light Industrial) o„,,Creek Lane Pard,lane Staff Planner T Jimmy McNamara f w..„.,(0,„. >15dB DNL Location a &°",,yn a„ene, 1044, 1054, 1052 Bells Road t GPINs i ad=v, 241658111, 241658214, 2416571965 «edeaoad ¢ Site Size I Bew.p.d 1.935 acres o AICUZ Greater than 75 dB DNL;APZ 2 Existing Land Use and Zoning District Single-family dwellings/R-10 Residential Surrounding Land Uses and Zoning Districts North '` 1 '— /. ' .: Single-family dwellings/ R-10 Residential ., f r South , ' Ilk�”` „ Bells Road Wooded/ R-10 Residential z; East - .. • ( ' ,. r • .f Industrial warehouse/Conditional I-1 Light .? ..k,,,,,„ Y Industrial . . " , f- West c-: µ Single-family dwellings,vacant building, _ z industrial warehouse/R-10 Residential, B-2 " ." Community Business, Conditional I 1 Light r w Industrial t, u t "I Bird neck Storage 2, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • This request was deferred by the Planning Commission on April 13, 2016 and on May 11, 2016 to provide the applicant additional time to meet with the surrounding property owners. As a result,the applicant has made several revisions to the site layout including reorientation of the buildings and enhanced landscaping. • The applicant requests to consolidate and rezone three parcels, currently zoned R-10 Residential District,to Conditional I-1 Light Industrial District for the purpose of developing the site with a self-storage facility. • The three existing single-family dwellings on the property will be removed. • The site is located within the greater than 75 dB DNL noise zone,and the Accident Potential Zone (APZ)2. The existing residential dwellings are an incompatible use,as identified in the Land Use Compatibility Table in Article 18, AICUZ,of the Zoning Ordinance. • Seven,single-story,self-storage buildings are proposed on the site,totaling approximately 31,500 square feet. The buildings will be constructed using tan,split-face,CMU block;dark brown steel rake trim; and,a galvanized standing-seam metal roof. • As the applicant has an office in his existing storage facility on Birdneck Road, no office space or employees are proposed to be located on the site. Access to the site will be gated and restricted to"Pass Code"entry only. The proposed hours of operation are Monday through Friday from 7:00 a.m.to 9:00 p.m., and on Saturday and Sunday from 8:00 a.m.to 8:00 p.m. • The northern and western property lines,as well as a portion of the eastern property line, adjoing residentially zoned properties. Section 1003 of the Zoning Ordinance requires a minimum 25-foot buffer, planted with Category II landscape material along any lot line where an industrial district adjoins a residential district. The proposed proffered concept plan depicts a 30-foot landscape buffer, planted with staggered rows of trees planted 15-feet on-center. The type and size of the tree are specifically depicted on the proffered rezoning exhibit and are as follows: Tree Type Height at Time of Planting(Feet) American Holly 8-10 Cryptomeria 5-6 Eastern Red Cedar 6-8 • The entire site is proposed to be enclosed by either the exterior wall of the buildings,or a seven-foot high,solid, wood fence. No openings (doors or windows)are proposed on any of the walls facing out from the site. • The proposed proffered elevation depicts single-story buildings with a maximum height of 13.66 feet, substantially less than the maximum building height requirements in Section 1004 of the Zoning Ordinance which limits the height to 35 feet for structures within 100 feet of residentially zoned parcels. • The application states that all proposed lighting on the property will be shielded and directed downward to limit overspill of light beyond the property's boundary. Birdneck Storage 2, LLC Agenda Item D1 Page 2 I �" �� R-10 Zoning History B-2 # Request 1 1-1' 1 SVR Approved 04/11/2000 2 CRZ(B-2&R-10 to Conditional I-1)Approved R-1 1-1' R-10 07/13/2004 2 �� 3 CRZ(R-10 to Conditional I-1)Approved 10/12/2006 1 1 1 R- ;e�p 4 CUP(Communication Tower)Approved 12/11/2001 t "#'?"' /...._.w- 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 property is located in the Seatack neighborhood in the City's Suburban Area/Suburban Focus Area (SFA)4- Virginia Aquarium &Owls Creek 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,and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses(pp. 3-1 through 3-3). The Virginia Aquarium and Owl's Creek Area Master Plan designates this area along Bells Road east of Birdneck Road and areas to the north of it as "existing residential" (p.3). Natural and Cultural Resources Impacts The site is located in Owls Creek watershed,which is part of the Atlantic Ocean watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present cape trta*Altili TraffiC Bells Road 142 ADT 1 6,200 ADT 1(LOS 4"C") Existing Land Use 2—30 ADT 11,100 ADT 1(LOS 4"E") Proposed Land Use 3-148 ADT 1 Average Daily Trips las defined by 3 single- Sas defined by 1.935 acres of 1-1 4 LOS=Level of Service family homes Industrial District Bird neck Storage 2, LLC Agenda Item D1 Page 3 Public Utility Impacts Water There is an existing 10-inch City water line in Bells Road. These sites currently connect to City water. The three existing 5/8-inch meters (City ID#s 95141251,95057642 and 95140915) can be used or upgraded to accommodate the proposed development. Sewer There is an existing eight-inch City gravity sanitary sewer main in Bells Road. The sites currently connect to City sewer. Evaluation and Recommendation The proposed Conditional Change of Zoning request to rezone three parcels from R-10 Residential to Conditional I-I Light Industrial,for the purpose of developing the site as a self-storage facility, is in Staff's opinion, consistent with the land use policies of the Comprehensive Plan and compatible with the Zoning Ordinance requirements for the APZ-2 and the greater than 75 dB DNL high noise zone. This site poses a challenge to blend the uses allowed under Article 18 of the City's Zoning Ordinance,with uses that are compatible with the existing residential dwellings in the vicinity. As demonstrated by the City's commitment to retaining NAS Oceana, in recent years,this area has been transitioning from residential uses to uses compatible with Article 18 of the Zoning Ordinance. In Staff's opinion, low-impact, low-intensity uses such as the proposed self-storage facility are appropriate adjacent to residential uses, provided sufficient protections are in place. Self-storage facilities have been approved and are operating harmoniously throughout the City; however,careful consideration must be given to the impact of such facilities on existing residential properties. Factors such as perimeter landscaping,site lighting, building scale, architectural quality,and potential noise generation must be examined to ensure compatibility with the surrounding uses and to protect the existing neighborhood from potential intrusive impacts. As a result,the applicant has added an additional proffer to ensure that all activity on the site be limited to the storage of goods,and that uses such as offices, band rehearsals, residential dwellings, repairs,or any other purpose not consistent with the storage of goods be prohibited. To further strengthen the request and provide additional screening of this use to the adjacent residential properties in the short term,Staff requested that additional plant material be added to the northern and eastern property lines. The applicant has agreed to install this plant material to provide additional screening for the adjacent residential neighborhood, which exceeds the minimum standards of Category II screening. Right-of-way improvements will be required with the development of this site. Improvements include, but are not limited to, pavement widening,curb and gutter,drainage,and street lighting. In sum, it is Staff's opinion that this request to rezone the site and develop it with a self-storage facility is appropriate at this location. Ensuring the height of the buildings is limited to a single-story,the use of the property is limited to self- storage purposes only,and the addition of extra landscaping will encourage compatibility with the existing neighborhood. Based on the above consideration,Staff recommends approval of this request subject to the proposed proffers. Birdneck Storage 2, LLC Agenda Item D1 Page 4 Proposed Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed,the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibits entitled, "REZONING EXHIBIT BIRDNECK STORAGE 2, LLC,Virginia Beach, Virginia," and "REZONING EXHIBIT—EXHIBIT#2 BIRDNECK STORAGE 2, LLC,VIRGINIA BEACH,VIRGINIA",dated January 29, 2016, prepared by WPL,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Concept Plans"). PROFFER 2: When the Property is developed,the mini storage buildings depicted on the Concept Plans shall have the architectural design, appearance, height and exterior building materials substantially as depicted and described on the three(3) exhibit labeled "TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD"; "TYPICAL ELEVATION FOR BUILDINGS ALONG EAST AND NORTH PROPERTY LINES" and "TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the"Elevations"). PROFFER 3: When the Property is developed,the freestanding sign depicted on the Concept Plans shall be an externally lit, monument style sign not exceeding eight feet(8') in total height,which will be constructed using materials of a color and quality that is substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning Department,Zoning Division,for any signage located on the Property. PROFFER 4: When the Property is developed, access will be gated and restricted to"Pass Code"entry only between the hours of 7:00 AM and 9:00 PM Monday through Friday and between the hours of 8:00 AM and 8:00 PM on Saturday and Sunday, with no access permitted between the PM closing and AM opening times. PROFFER 5: When the Property is developed,there will be no permanent dumpster location on the site. PROFFER 6: When the Property is developed,a photometric(i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. PROFFER 7: When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. Birdneck Storage 2, LLC Agenda Item D1 Page 5 PROFFER 8: When the Property is developed,the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior(outside)storage of motorized vehicles on the Property. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. They provide assurance that the development of the property as a self-storage facility will be as depicted on the proffered site concept plans, that the buildings will be constructed with the materials and at the height noted on the submitted elevations, that the lighting generated by the site will not negatively impact adjacent properties, and that the landscaping provided will provide more than adequate screening between the proposed mini-warehouse use and the existing residential uses. 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. Birdneck Storage 2, LLC Agenda Item D1 Page 6 Proposed Site Layout i3 0 5k t _ r11 is R i - R / c ! i 1 18 iz7, /' j 1 PIP ■ �E i • i r ILT:wigie 'P poi? , ,., , .:. L '111 r . , / v��4V4� - .. IT �lir Y !_.1 S g Y 5 g rL=PSC t6 II i tl co ill 1 ail 6 << I!:i!,,r1,1! if -\. ''''' - ill, z. V ling! �I ill ' Lt 7 W 1 g' J O C 0Z5j _ i 5i 8 ever -""''- - IN —t "a S'7 U ¢i Z s mY¢4. 6 !ii; cc W W U O I w m MI i H ! Z Z m J t Ili eea i 1881i Ia Z 13 Q— ,,'-j F Kbit¢ �P mg n p I-2 Ja : I p ai • • • . al Bird neck Storage 2, LLC Agenda Item D1 Page 7 Approved Adjacent Development R i r•-=.,-.,--.. It ,11 5., E.' i \ , < 6 i , u ii! III ' I , A ''' • :440: 1 \ II- tl "( \ , . - 4 ', I \' ' . ilE - -1, ilit IL. _--,_ - -• ,°, i _ \q I , \\': ,L g - '• - • WO° i et lei .. .e •--, 2/ N A,. iii ILI: z a ...I; 2:1 0 i Ut i 0..; ell 1 14 11111 P.:, IN >-. cc-; M IV (f)f, 0;.. _ ' 1 <t N Ci —I .0% 1:,, Fill ILI j2 , 1 F3 cc . 2 0 O • x m. La I— 4< .': ILCncial.1 ;4 4 w uj 90. i (5Z1z; rni 0 Q. trat : AI 1 Birdneck Storage 2, LLC Agenda Item D1 Page 8 Proposed Elevations SOUTH ELEVATION OF WESTERN BUILDING — Steel Rake Trim Dark Brown Color A i 12.67 11.33 I 55.00' _. ' Split Face CMU Panels Light Tan Color Split Face CMU SOUTH ELEVATION OF Tan Color EASTERN BUILDING i 1-6 12.33 13.66' TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD _ T f _ BIRDNECK STORAGE 2,LLC REZONING EXHIBIT 30.00' �' Drawing Not To Scale 13.66 Smooth Face CMU Steel Rake Trim Tan Color Dark Brown Color TYPICAL ELEVATION FOR. BUILDINGS ALONG EAST&NORTH PROPERTY_INES BIRDNECK STORAGE 2,LIC REZONING EXHIBIT Drawing Not To Scale Bird neck Storage 2, LLC Agenda Item D1 Page 9 Proposed Elevations i 8.67' • 9.0' 11.33' .14 Smooth Face CMU Smooth Steel Header Panels Tan Color Matching Color A 10.67' 10.0' 12.33' TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS BIRDNECK STORAGE 2,LLC REZONING EXHIBIT Drawing Not To Scale Birdneck Storage 2, LLC Agenda Item D1 Page 10 Site Photos . �- 00. • .it _ I . , 1... . i _ y ,. . View from Bells Road 4 iiia _ NI Kim, 1,,,.x._ 4$ %.,�_s'y+. X 4S it ,7 y jam'. .' X ►' _ ,5... . ' FIs R '" - ,KS- +sV .r sy.. Rear property line Property looking west Bird neck Storage 2, LLC Agenda Item D1 Page 11 Site Photos � 7 77 / l �. lay iT �ti+w, ® k aro-, q.. ' Northeastern Property Line Northern Property Line witlh Drainage Ditch Birdneck Storage 2, LLC Agenda Item D1 Page 12 Disclosure Statement jitiia Beach APPLICANT'S NAME: Birdneck Storage 2, 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 a 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 lOP cIT�USE ONLti ; Page 1 of 5 . APPLICAN(NOT It It D U{ 10 ATONE I _ 1 Z ei NU CHANCES AS OFED 0 LRE SUHM1111 TE --T f ! Birdneck Storage 2, LLC Agenda Item D1 Page 13 Disclosure Statement NA3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Birdneck Storage 2, LLC If an LLC, list all member's names: Ryan Powell, Manager/Sole Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) list the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER I5 NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names:. Page 2 of 5 Birdneck Storage 2, LLC Agenda Item D1 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) list the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. • 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 Bird neck Storage 2, LLC Agenda Item D1 Page 15 Disclosure Statement IA3 f Virginia Beach YES NO SERVICE PROVIDER(needuse additional sheets if (�O Accounting and/or preparer of LJ LJ your tax return X Architect/Landscape Architect/ Li Land Planner Contract Purchaser(if other than • Qthe Aoolicant)- identify purchaser I and purchaser's service providers Any other pending or proposed Epurchaser of the subject property (identify purchaser(s)and purchaser's service providers) U Ni Construction Contractors X n Engineers/Surveyors/Agents WPL Financing(include current Banking relationship with BB&T: No n ® mortgage holders and lenders financing at this time. selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Sykes,Bourdon,Ahern&Levy.P C Real Estate Brokers/ n In) /\, Agents/Realtors for current and ` anticipated future sales of the sub'ect .ro•ert ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have n z an interest in the subject land or any proposed development ' contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Birdneck Storage 2, LLC Agenda Item D1 Page 16 Disclosure Statement lia3 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. - _ Ryan Powell, Manager , Z' 2'16. APPLICANT'S SIGNA URE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME. _.._.. I DATE / vi Page 5 of 5 Birdneck Storage 2, LLC Agenda Item D1 Page 17 Item#D1 Birdneck Storage 2, L.L.C. Conditional Change of Zoning R-10 Residential District to Conditional I-1 Industrial District 1044, 1052& 1054 Bells Road District 6 Beach July 13, 2016 REGULAR Jan Rucinski: The last item on our agenda is item D1, Birdneck Storage 2, L.L.C. It is an application for a Conditional Change of Zoning from R-20 residential to Conditional I-1 Industrial on property located at 1044, 1052 & 1054 Bells Road, District 6, Beach. Jeff Hodgson: Good afternoon. Eddie Bourdon: Good afternoon Mr. Chairman. Thank you Ms. Rucinski. For the record, Eddie Bourdon, a Virginia Beach attorney representing Birdneck Storage 2, L.L.C., Mr. Ryan Powell,the owner of Birdneck Storage located at Birdneck Road and Bells Road on the southwest corner for the last 33 plus years is here. I want to begin by thanking Mr. Minns and the Seatack Civic League membership for their graciousness and their hospitality in hosting us at their meeting about a month ago, about five weeks ago. We had a very gentlemanly exchange of information and position. It was the American way. We thought it went...We appreciate it very much. Let's just leave it at that. What I want to start out by since you are all familiar with this, but I suspect I need to go a little bit into the history again. My client's business has been in place on Bells Road and Birdneck Road for like I said for 33 years. While he has been in business he has seen what's been going on around him in the community. And as a result has within the last year, 15 months, has purchased the property that we are here to talk about today. I will get into that in a few minutes. He has done so for the purpose of building an annex to his existing facility expanding an existing business existing successful business located in the highest noise zone around NAS Oceana and APZ-2. Since the last hearing, and listening to some of the comments that were made,we made changes to the plan,and I want to go through those. Jimmy went through some of them. I don't think he hit all of them. But we have, Ms. Rucinski and some of the Commission members requested,we changed the configurations of the buildings. We have smaller buildings,one sided buildings that only enter on one side, more expensive way to develop. The properties that we have nothing but mortar and masonry on the outside of the project,so there is no doors that are facing,even though further away,facing anybody's home on Olds Lane. We have expanded the buffer from 25-feet to 30-feet. We called to our east and our west the buffers are 25-feet. This is the last piece of infill adjacent to the back of the properties on Olds Lane. Those to our east ad our west have 25-foot buffers. We have a double row of evergreen plantings to be planted now with required plantings heights in the proffer. Previously it was one row of evergreens. No height requirement,minimum height requirements have been doubled. That doesn't exist to either our east or our west. We are, by proffer, closed,this facility will be closed after 9:00 pm weeknights, after 8:00 pm weekends. It will not open until 7:00 am weekdays,8:00 am weekends that is 43 percent plus of the time during the week that this facility will be closed. The industrial uses to our east and our west can be utilized 24-7 without restrictions. This portion of Bells Road,you had some conversation this morning,some interesting things I've heard this morning. I gave you a handout and I have a bunch of bullet points but this is important to know what Item#D1 Birdneck Storage 2, L.L.C. Page 2 the facts are.The facts, not perceptions,are well intended but still in accurate and somewhat misleading. The only portion of Bells Road that the Seatack Civic League, according to Minns, if I understood him correctly the Seatack Civic League meeting,that is in Seatack, in their view, is the eastern side of Birdneck Road because he indicated that the existing facility of my client is not in the Seatack community. I don't know if he meant to say that. It may have been a misstatement or he may have misspoke but he indicated that they didn't consider west side Bells Road to be in Seatack. This is 600 feet away from that existing facility. Bells road on the east side only extends a distance of 986 linear feet to a cul-de-sac. That is it. Beyond that, is an ingress/egress easement that goes on down to Rudee Inlet. All the land on both sides of the 980 linear feet of Bells Road is in the highest noise zone,greater than 75 db and it an Accident Potential Zone 2 from flight operations from NAS Oceana. This eastern section of Bells Road provides access to 179.635 acres of land, all of which is in the highest noised zone, 75 db above. And all of it that is on the actual road itself, is in APZ2,which is the Department of the Navy,the Commonwealth of Virginia and the City of Virginia Beach have all adopted policies and ordinances as well as allocated tens of millions, if not over 100 million dollars in acquisitions to discourage and prevent incompatible land use from developing,which will imperil the future of NAS Oceana,according what happened during the BRAC process about 12-14 years ago. The Department of the Navy has purchased 4 parcels containing 165 acres on this eastern section of Bells Road,to preclude them from being developed in an incompatible manner. Virginia Beach has acquired 2 parcels containing over three acres which will not be developed in an incompatible manner, i.e., houses. Immediately to the east and adjoining our assembled 1.935 acres is an industrial zoned property,4.7 acres,which the Department of the Navy purchased easements over many decades,which precluded to be developed in any other than industrial. It precludes residential. And upon which this Planning Commission and the Virginia Beach City Council each unanimously approved a rezoning for construction of four large office warehouses in 2006. Hundreds of thousands of square feet of office warehouse space and you see that shown there. It is on page 8 of your package.Those buildings are 20-23 feet tall, 25-feet from the back of the homes on Olds Lane,the residential street, and we also didn't provide. There was no access provided on Olds Lane for this industrial development to protect that residential street, and that is Olds Lane,when that was unanimously recommended for approval by the Planning Commission and voted unanimously to be approved by the City Council. To the west of us and adjoining in our northern north eastern most of 125-feet of our assembly three parcels is an industrial zoned property containing just under two-acres with a very large warehouse and a parking lot,which was rezoned by City Council unanimously in 2004,with an unanimous vote by Planning Commission recommending approval. I neglected to mention on the property to the east, an industrial use that is permitted under the Navy's restrictions is permitted in that building. Manufacturing,fabricating,you name it, it is permitted in any of those four buildings. Same is true, plus additional ones in Mr. Thompson's warehouse, but that is in appurtenant information at this point.The two adjoining industrial zone developments to our east and our west only have 25-foot buffers with one row of trees and no limitation whatsoever on hours of operation. Also to the west of the subject parcels that we are involved in today, is three parcels that is zoned Unconditional B-2 Commercial,combined one-acre and any number of things can on go those pieces of property as a matter of right. So,out of 179.35 acres, let's call it 180 acres that are served by Bells Road over the highest ACUIZ zone within APZ2,there are 5 parcels containing 2.785 acres that are zoned R-10 Residential and can be resubdivided and redeveloped into nine single-family dwellings if they are combined. That is the extent to which any residential development can occur on this section of Bells Road is this property and the two next to us,which would produce nine houses in APZ2. Now,that is well below 2 percent of the land that is served by the eastern section of Bells Road,and I am sorry that I have to say this but that is simply not a significant amount of Item#D1 Birdneck Storage 2, L.L.C. Page 3 residential development on Bells Road. Now,with this rezoning,which will cost the taxpayers of the Commonwealth,the City and the Federal taxpayers not one penny,we will eliminate seven potential homes sites in the highest noise zone and most importantly in APZ2 from ever being developed on these three assembled pieces of property.There will be no more than two and someday the pieces next door, which do not abut anybody on Olds Lane,there will be no more than two on those property's homes, and one day they won't be homes either. In addition to redesigning the layout,all the things I've talked about that you all asked for and restricting the hours of Operation. I don't know what else we could do to make this a better application. It is clearly the least impactful of anything that is already out there. And finally, I strongly serve that the proposed land use is less disruptive under anybody's definition than the already existing industrial uses,which my client has sat there and watched develop and seen everything else happen,sees what the Comprehensive Plan says,which sees part Article 18 of our City Ordinance says with regarding or protecting the operations at NAS Oceana. Knows there is nothing historical on Bells Road. Know that Bells Road doesn't provide access to anybody else's neighborhood or anybody else's houses, and he made a decision to buy this property expecting you can be treated like everybody else who has developed property and had property rezoned on this section of Bells Road since the BRAC process. If we were suggesting access to this property from Olds land, if we were suggesting to encroach into that residential community,which has been protected by the rezoning that have already been approved, I would be here agreeing 1000 percent with well-intended people,who I'm with Mr. Minns. I'm with Mr.Jackson. Mr.Jackson is one of the most well-spoken persons that I've every listened too, but the reality here is that is a road that provides access to an annex at Dam Neck, where the special warfare folks do their thing. It provides access to the erosion commission and has for decades. We dredge and handle all the issues with Rudee Inlet. It will provide access to a straining center for marine mammals that museum is about to build down on the water at the end of ingress/egress easement. The navy wants to protect all that is down there. We have traffic that goes through here daily. It has nothing to do with a residential neighborhood to get down to the Dam Neck Annex that is at the end of the street. So,this is just simply not a residential street now. It may have to some degree had a residential flavor years ago. We said earlier, I heard stated we have to look. I think Jeryl Phillips, looked at existing and future land use within the community. This portion of Bells Road, the existing land uses are overwhelming. It is not residential. It is not going to be residential. And it is just a pipe dream to suggest otherwise. We do need to protect Olds Lane and this application does protect Olds Lane and it is the end of the issue. If you put the composite map up there, I will be happy to go over the percentages, and I didn't get the linear feet. Do you have the composite map Mr. McNamara? This will work. This is commercial. This is I-1. This is us. This is the remainder of I-1.This is the last 28 percent. If you work it all out,this is 28 percent is the last linear footage of adjoining residential. Everything else is already industrial or commercial. This is already there. This can be developed for any number of things.This is a 25-ft buffer industrial. The rest of this is all industrial with 25-foot buffer and one row of trees. This is the end of it. The last 28 percent and we're not coming in off this road. We're not doing anything any different this time. We're already out there living more buffer and less intrusive use,far less. I heard you all when this was on the agenda back in April,where you wanted some changes to play. I think everyone pretty much agreed this is about the least intrusive industrial use you can put on a property in this area,and that is the fact. I've got a list that I went through just this morning in my own experience of twelve storage facilities that adjoin residential in the City of Virginia, and all over the city of Virginia Beach because it was said the last time we were here that we wouldn't do that in other places. As a rebuttal, my time is up. I'll be happy to go through that list, and that is not a complete list. That is just something that I did based on my own experiences,and they are in some nice areas just like Seatack.So,just simply disagree with anybody who would suggest that Item#D1 Birdneck Storage 2, L.L.C. Page 4 the Navy is going to think it is a good idea and be supportive of the idea of putting houses here versus what my client is proposing to do here.That's a pipe dream. And we shouldn't be in any way,shape or form imperiling NAS Oceana over putting houses on this property is the right thing to do versus allowing it to develop as all around it has either all developed or will be developed because this isn't going to be residential. There is a house there. It is a non-conforming use. It is not going to be residential. It can't be zoned residential. It violated our ordinance on everything that we have in our ordinance because it is APZ2,same here. It is not going to be residential. It can be any number of businesses. So,this is all that is there, less than 2 percent. If you approve this,we're down to less than one half of one percent of all the land that service by Bells Road that can have two houses on it. That is it. I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you sir. Jan Rucinski: Okay. The first speaker that I have in opposition is Scott Sonier. Scott Sonier: Good afternoon. Jan Rucinski: State your name for the record please. Scott Sconier: Sure. My name is Scott Sonier. I live at 1049 Olds Lane,which is at the northeast corner of the proposed property. So, actually Mr. Bourdon talks about the two percent off Bells Road and yes, if you're talking off Bells Road. That is correct.We are not talking all of Bells Road,we're just talking about let's say,what he say,900-feet. So,that is 28 percent,which I think is a significant amount. One of the biggest issues for me is the quality of life issue for most people in Virginia Beach and anywhere. Your home will be the single most important investment in your lifetime,and having children and a family. I also think about the hours of operation. The proposed hours are 7:00 to 9:00 on weekdays and 8:00 to 8:00 on the weekends. If you think about it in the summertime,yeah you have an hour before maybe two hours before, an hour after on unencumbered daylight time, but if you get to the evening time,we are talking about the winter time,that is no unencumbered time that I could spend that outside with my family where I wouldn't have to deal with the possible intrusion of the facility. Mr. Bourdon spoke about that the designation of the property that is I-1,the five acres,and in 1981,the Navy did buy the air rights to that area, and as a result,for the five acres,you can only have two residential dwellings on there. So, my property and the one to the east of my property so, if you're looking here,that property is my property. That property top the east are the only two on that original five acres. He is correct in saying that it was exactly 10 years ago yesterday that was brought up as a rezoning,and yes he is correct that those buildings could be larger. At that time, I did come to speak in opposition to it to with no avail obviously. But,to say that the trend is going to industrial, I think is a little bit of a misnomer in that east.The eastside of South Birdneck Road, it is primarily residential. You have two churches, at last from Long Street down to Bells Road. Long Street is up. I believe this street just south of Norfolk Avenue. So,you have two churches. You have the laundry facility,and then you also have the, and I don't know if this property here is still the Roman facilities, but you have those. So, in ten years, I don't see where it is has been going that way. I can agree that the west side of Birdneck Road,absolutely, is for the industrial side. So, I would agree with that and I heard a comment today that was enlightening that hey,with the things that have been going on with the Seatack community,there has been some talk about hey, let's keep the west side industrial,the east side residential. So,thinking of that, I would like to keep that in mind. With respect to the Navy, I think the Navy would prefer to Item#D1 Bird neck Storage 2, L.L.C. Page 5 have nothing there. As a matter of fact,certainly the proposed plan would be low impact but with residential. You could put seven houses on here evidently. Would that not be a good impact as well? From a property value perspective,that is what I look at. It is a main concern for me. So,that certainly is a great option. My time is up. Jeff Hodgson: Do you have any questions...how do you say your last name? Scott Sonier: Sonier. Jeff Hodgson:Are there any questions for Mr. Sonier? Ronald Ripley: I got a question. Jeff Hodgson: Mr. Ripley. Ron Ripley: The house that was on the property,the use that was more on there,was that something that was.... What was that like?Was that acceptable to you? Scott Sonier: On the current properties? Ron Ripley: Yes. Scott Donier: These properties. I mean they are residential properties. They were older and sometimes unkempt, absolutely. Ron Ripley: Was there something going on in the yard? It looks like when I look at this aerial and photograph, I'm not looking at that home. It looks there might have been some sort of go—cart track. Scott Sonier: No. So,this property here there was a basically a pole barn here. This was the old Fire properties,so,the gentleman that owned it, and he lived here and he died probably three years and his daughter took possession of the properties. They garden this spot. Ron Ripley: Is that what that is? Scott Sonier: Over here yes. They had a large garden there. And this land, it basically was unused, and every once in a while he would have a tractor there, a bulldozer there. I guess that was part of his trade. Ron Ripley: It was a contractor's yard in any way? Scott Sonier: There were never any contractors there. Ron Ripley: Okay. It looked like it was in disrepair. Scott Sonier: It wasn't always kept. I am not going lie there. Sometimes the grass would get like this high and I would have a talk with neighborhood guy that came by and we would check on that. Since Item#D1 Birdneck Storage 2, L.L.C. Page 6 the owner has taken possession of the property,they have cut down all of the trees and they have started to alleviate the property.They are doing that right now. Ron Ripley: Thank you. Jeff Hodgson:Are there any other questions for Mr.Sonier? Thank you sir. Scott Sonier: Thank you. Jan Rucinski: The next speaker I have in opposition is Andrew Jackson. Andrew Jackson: Good afternoon. Jeff Hodgson: Good afternoon. Andrew Jackson: Mr. Chair and members of the Commission. Edward Weeden: Could you state your name please? Andrew Jackson: I thought he did that. I'm Andrew Jackson. A resident of Virginia Beach since 1956. Edward Weeden:Thank you. Andrew Jackson: I would like to say I don't know how many of you remember the last time I was here. I think it was back in February, somewhere back in there. And I spoke but I also listened. I also went and looked at the video for hours and hours,over and over,and I wanted to see which one of you members said what about what. Which one seemed to have some purpose on what's really going to happen to this neighborhood? I sent Mr. Frankenfield an email and I said, hey,you know, I heard what the members of the Commission said. There were some suggestions. Okay,we're not going to do anything with you now. We need to do a little work. We need to have some research done and it takes some time to do this. And I said,okay. My point when I listened to all of this before was why is this neighborhood,this neighborhood going through all the hoops and bells and whistles that the other neighborhoods that are in the Comprehensive Plan did not. That is my questions. And I answered that question,and I know that no one would like the answer that I gave but why is there a separate policy for entry into that policy. It didn't appear to apply to any of the others. So, I said, I need to have input. So, I asked Mr. Frankenfield and I said,you know, I would like to have and I picked who I wanted and I picked these members to sit with me. I would like to sit with them. I would like to meet and say lets' talk about what this is. While I am talking, I am going to do something here. I would like to pass this around. If you can pass this around, everyone could see it. Like I said, I've been in this area for a while and I came here and I stayed here. I came here from the military. I stayed here and retired here. And I did that because this was a neighborhood,a city,an area that I liked,and I said I can have a family here. I can grow here. But what I do now is about those that would come after me. What would their area they live in be like? Where would they grow up,and when these things when I look at the neighborhood and say,why aren't certain neighborhoods being flooded by things that don't need to be built. Storage area. Okay. There are probably one of those at some parts of some neighborhoods all over the City. But if you look at this,this neighborhood in that small little area,someone will say, let's make it number Item#D1 Birdneck Storage 2, L.L.C. Page 7 6 or number seven. What I heard Mr. (I forgot to thank him for all the flowers he gave me). Mr. Bourdon,where is he? He is hiding. What I heard him say was that his client took some time to look around and see what was going on here. And I think what he saw was that neighborhood doesn't mind. Let me stick another there,too much. Yes,there are some areas where that you can share business, residence and that happens all over the city. You can do that. But we don't want too over flood it,and that is what's happening here. This is just too much. He is asking to rezone it. Well, if he wanted it"I", why didn't he just go to one that was already"I". There was a reason why this was zoned both resident and light business. I think I heard him say that it was zoned now for offices. I think I heard him say that, office buildings. Dave Redmond: Office warehouse. Andrew Jackson: Office warehouse and office space. Dave Redmond: Just office warehouse. Andrew Jackson: Office warehouse. That is a little different, I think than a storage facility. It does tend to blend better with residential than a storage facility. I don't know what neighborhood anybody else lives in but I will pose the question. What would you like to look at if you look out your window? A wall or open space? All I'm saying to this Commission is,think about what's in the policy document of the Comprehensive Plan. Jeff Hodgson: Excuse Mr.Jackson. I'm going to let you finish but you are a couple of minutes over your time but I will let you wrap up. That red light came and went a while ago. I will let you wrap up. Andrew Jackson: Okay. I'm saying to you that there is a residential area there. Families have lived there for generations,and yes there is some sharing now. There is, and the neighborhood has accepted that. Let's not overdo it. There is no reason to put it there,and I'm saying to you that the area,the neighborhood,they are saying no. And they have a right to say no. They have that right. They have the right that we choose not to be invaded. They have that right. So, I would ask you to look at it from a residential point of view.Where do you live? And ask yourself is this what you would like for your neighborhood and make a decision. Thank you. Jeff Hodgson: Are there any questions for Mr.Jackson? Thank you sir. Is that all the speakers? Jan Rucinski: No.The next speaker is E. George Minns. He is speaking on behalf of the President of Seatack Community Civic League. E. George Minns: I am E. Geroge Minns. Good evening again to all the members of the Commission. It has been past the pastors, churches,the Executive Board of the Seatack Community Civic League. It has a distinguished attorney, Mr. Bourdon. Yes,the Seatack Community Civic League,a 100 year old organization is always open to anyone who desires to speak to the citizens because Seatack is a people and not a person. Of all that has been said, as the gentleman here, Mr. Redmond, I believe said that about land use. Please do not measure Seatack today or tomorrow by the United States Department of the Navy. I must disagree with my distinguished council. You misrepresented me. I did not say that Seatack only exists to the east. Seatack exists on the north side of Bells Road,east and west, north side Item#D1 Birdneck Storage 2, L.L.C. Page 8 of Bells Road. On Bells Road,when you go down a little bit,you have what development has. If you go along the back part on the east side,the back part of residential, all the way back into Owls Creek and all that,the government has that big parcel of land back there. But that is not the residential community. There have always been woods back there. I know because the original City of Virginia beach did not include Rudee Inlet. If I understand correctly from my ancestors, my cousins and them own a substantial part of Rudee Inlet. Nonetheless, I would ask from a land use perspective if that is the controlling factor that the Commission direct its attention to its own records. I ask pursuant to the Freedom of Information Act where are all the storage facilities in the City of Virginia Beach? Please ask that you pass this around and you will see the only cluster is in Seatack. Please pass it around. That is the City Planning map. Thus,from a land use standpoint,Seatack one, if not the oldest community in the Beach, dating back as I found a record of the 1500's, has more storage facilities in a one mile distance. We already have five and it is not for the community of Seatack, but it is actually so many cluttered there to support condominiums and so far from the Oceanfront. Why must we be treated be different on Best Management Practice. I don't know about you but when I look at Seatack land use,all is see a piece meals on it. Piece meal. Piece meal. When you look at this and then look at other communities,you don't see it. So,something is happening and treatment is different for Seatack that is not allowed in other communities of a residential nature. So, I find myself at the point where Thoroughgood Marshall found himself in the 1950s before the Supreme Court. Does equal mean equal in terms of treatment when you say Best Management Practice? What is the purpose of putting so many storage facilities on one community's back. It has nothing to do with the airplane in the air. It has to do with the fact that we already have five. That has nothing to do with the community. That is the basic reason for objection from the church,from the pastors,from the residents. There is already five here. Why would they put another one here? It has nothing to do with jet noise,decibels of jets,what the government did, how many millions of dollars been spent. I'll just brush at it.That matter is getting ready to be examined in Federal court. Because no one can boast about clean hangars on the premise of jet noise, BRAC,etc. There has been a lot of wrong done under the pretense of the Navy,the jet noise but that's not the issue here today. And we understand that's not to bring to the City. That's to take to the Federal judge because there were federal dollars involved. This issue should not be decided on the plane in the air,the decibels noise over there. This issue should rise and fall on the fact,Seatack residential community is Bells Road north. You go Bells Road north to Virginia Beach Boulevard we already had five storage areas. We ask you please don't put another one in there. Thank you. Jeff Hodgson: Thank you sir. Are there any questions for Mr. Minns? Thank you. Jan Rucinski: I have no other speakers. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: First of all that I am happy to say that Mr. Minns did say what he said because Mr. Powell's storage facility is south side of Bells Road,so we didn't miscommunicate. I think I said I said it correctly. As I mentioned previously, my client has steamed but I think, and I'll mention Mr.Jackson. The office warehouses that have already been rezoned,approved are in my view and much worse and are much more intrusive land use than storage facilities. We'll have a greater potential impact, 24/7, any type of manufacturing fabricating processing, big trucks. You already have big trucks going down Bells Road any way but government facilities there. This use,you wouldn't see these adjacent to the neighborhoods that I will give you 12 other examples where we have storage facilities next to Item#D1 Birdneck Storage 2, L.L.C. Page 9 residential. We don't see office warehouses in industrial,truly industrial in those neighborhoods. I agree whole heartedly with what's begins from Olds Lane north as residential and should stay residential. Bells Road, however, is not residential. I also believe fervently,that having storage facilities like these are the least intrusive types of uses that are acceptable in the APZ, and that is why they are there. There are some legitimate arguments that Mr. Minns and I have talked about on other issues with compensation and things of that nature. But I would suggest,and I think some of you, if not most of you,will agree that of all the industrial uses that one can fine that are compatible with NAS Oceana, these self-storage facilities are the least intrusive, and the best neighbors for residential that one can have if one presumes we have to not have any more encroaching residential development because of our desire to keep Oceana in place. And so, I respect what Mr. Minns is saying, but at the same time, I would suggest to you that in all of these neighborhoods, and if any of you would ask, I will give you the list. I'll cite them all off. All of these neighborhoods where there are storage facilities that abut houses, they aren't office warehouses that can have industrial uses operating 24/7 in them.That doesn't happen. And there is a substantial distinction between that. I totally agree if we were on Olds Lane or north of Olds Lane, I wouldn't be here. We wouldn't be here. But, my client has been in the neighborhood, been in the community, has seen what's happened on Bells Road,which is never been really a substantial residential community. There were houses there. Granted, but not, and I believe at least from the early 50s forward, it has been a Caucasian family that owned the property. This isn't about race at all, but I do think that the long historical record is really from Olds Lane north and not on Bells Road. Again, I haven't been around long but I do have this as the right land use for this piece of property. There is no other industrial land use that would make sense on this piece of property and is less intrusive, less impactful,than the industrial uses that are there,and more importantly,than the B-2 uses that are going to come at some point on those pieces of property. So, Mr. Sonier is correct. I certainly am not arguing that the east side of Birdneck Road is where industrial development should happen, but on this street,which is for intense and purposes,an industrial street,and those uses that government uses are industrial type uses. They are not residential use.That is my point,and I think that's why I am quite certain your staff is recommending approval of this application because there really isn't a better use on this piece unless we're going to say we whether see houses there,and we'll take our chances with whether NAS Oceana thinks that's a good idea or not. I don't see that is a risk that anyone of us should be taking on this road,on Bells Road. I will be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Jan Rucinski: I do. I am not sure whether you can answer this or not. Because you do a lot of this type of work,you might be able to answer it. It appears to me when I look at the map of where the storage units are located. I see them all throughout Virginia Beach but I do see that there are some corridors where there are obviously more than others. So,are the storage units that are put in these areas generated because of the supply and demand of the neighborhood? Is that how these applicants come about and pick the land where they want to put it or do they say here is a piece of property available and I'll just put a storage unit? Eddie Bourdon:That is a very good question. It is not an absolute yes or no answer. The developers of storage facilities want to be spread out into all of the areas of the City especially the areas where there are and Mr. Minns is correct,where there are a lot of apartments and a lot of multi-family smaller dwellings. They tend to generate more of a need than say Allenton, places with large lots where you could put all the storage sheds on your property that you're going to need. Because the city is Item#D1 Bird neck Storage 2, L.L.C. Page 10 developed the way it is,there aren't a lot of opportunities in a lot of areas of the City, and so the APZ area of the area around NAS Oceana because it is a compatible use,and most importantly, and as I've said the most compatible industrial type of use with residences,so that is why there is a concentration in the area around the east,to the south,and to some degree but less to the west of Oceana. Jan Rucinski: Do the military installations have any drive for that? Because I notice there are quite of few of them up in Bayside as you get closer to Little Creek. Eddie Bourdon: Right.They certain are.The folks in the military use those facilities to a greater extent than say average resident who works for the City or works for a corporation in town. The answer is yes. They tend to use them to a great degree then someone who is not in the military. I will take a second to just list these storage facilities that are adjacent to residential,that I just came up. I know there are a lot of other ones. Lake Smith Taylor entrance off of Haygood Road adjacent to some beautiful homes, a storage facility, London Bridge Road, Prince George's Estates next door, a very nice storage facility, Kempsville Road,west side of Indian River Road off of Carriage Mill. It has gone great with the entrance of the neighborhood, Kempsville Road,east side,south of Indian River,Centerville Turnpike,west of Kempsville Road adjacent to some residential zoned and developed properties, Salem Road on the east side,south of Independence Boulevard,South Plaza trail, on the south side near Princess Anne Road,on Lynnhaven Parkway between Independence and Rosemont in Green Run, Barberton Drive off of Laskin Road,just south of Laskin Road near the resort, and on Potters Road,just west of Great Neck Road next to a street of residential and most interestingly, Creeds where we had application number one today, Mr. Rollins has a storage facility that he actually created on a residential lot. It is some additional property at the end of a cul-de-sac in a residential community that he developed in Creeds many years ago. And there are many others but that is throughout the City of Virginia Beach. And they are absolutely not bad neighbors especially compared to the office warehouse uses that you can put all types of heavy industrial, big trucks with noise, 24/7. To come in and say we want to do office warehouse just like the property here has done,although the warehouse is down here, not next to the homes,where like four of them is going to be built here,are you going to treat us the same way and let us do that? Okay. But that works. I don't think anyone could make that argument that is not a much worse scenario so it is either,frankly to abide by our Comprehensive Plan and Article 18 of the Zoning Ordinance, and staff recommendation,or throw that out the window and build a house. Here, I don't think it makes sense. I would agree whole heartedly on residential streets where residential is in place and you don't have all these existing use and this existing zoning. That is not why this is here.That is why we are here doing this and that is why I think we've made this the best possible application that it can be. The fact that there are four buildings because we are making it better for us it is more expensive because they are little buildings with masonry walls not as was stated this morning. I heard that. Just trying to do what makes the best possible barrier to the homes that are adjacent to us. Jeff Hodgson: Any additional questions? Mr. Wall. Jack Wall: Is that adjacent to industrial was that office warehouse? Was that rezoned in 2006? Eddie Bourdon: Ye sir. That is right. Jack Wall: Was it a conditional rezoning? Item#D1 Bird neck Storage 2, L.L.C. Page 11 Eddie Bourdon: Yes sir, correct. Jack Wall: With that layout you showed us there. So that hasn't been built? Eddie Bourdon: One of the four buildings has been built. Jack Wall: One of the buildings. Okay. Eddie Bourdon: The other three and the site plan has already been approved. The other three can be built at any point in time. Jack Wall: They can't do anything. It is conditional,so they couldn't do anything else and change that layout. Eddie Bourdon: No. But they could any number of uses in those buildings however. Jack Wall: Right. Eddie Bourdon: And there are no restrictions on the hours of operation of those businesses in those buildings. Jack Wall:Okay. Eddie Bourdon: That's the point. And the same is true to what's on the corner Mr.Thompson's warehouse.The same apply. There are no restrictions on hours of operation. No restrictions on what can happen in that building moving forward either. Any industrial use is permitted.We,on the one to the east,we actually limited because of the Navy easements,things like restaurant,which can go on a B- 2 of an I-1 by right because it is not compatible with the Navy, so we eliminated that in our proffers on the I-1. If we eliminated child care facilities and things of that nature that are again, not compatible but are Conditional Uses in I-1. The Thompsons,which did not have deed restrictions on it,theoretically, although we would never do that, it can convert part of that warehouse to a restaurant under his proffers. Jack Wall: One thing that wasn't brought up is that house on that street. Eddie Bourdon: There is one house there and we have provided the screening for that residence as agreed to with the resident. That hasn't changed at all. The reality from a long term existing future, if this is approved,then what would I think happen eventually, but it will work out compatibly as long as they live here. But eventually, I think,those two pieces next door,the last two pieces just under an acre of property will wind up at some point being consolidated and developed again as some type of a small office warehouse, probably one company type of a use. It cannot be developed more than two houses because they don't have sufficient frontage, and it would take a subdivision variance that theoretically you can put three houses on there,which under our Zoning Ordinance, is not to be primitive. It is a discretion land use approval that would violate our agreements with NAS Oceana. There was a non- conforming house on the B-2, but that could never be replaced. That will have to go when it goes. Item#D1 Bird neck Storage 2, L.L.C. Page 12 Jeff Hodgson: Are there any other questions for Mr. Bourdon?Thank you sir. Eddie Bourdon:Thank you all very much for your patience. Jeff Hodgson: We will now close the public hearing and open it up for discussion among the Commission, and if my fellow Commissioners are okay, I would like to start this one, if you all don't mind? First off, I think Eddie has down a fantastic job of representing his client on this application. I think we were on the phone at 10:30 last night still talking about this,and I don't think it is a secret and he kind of knows how I feel about it. As good of an attorney that he is,that doesn't mean I always agree with him. And when I look at this zoning map, I see the letter"R". I don't see "I". Two of my other Commissioners here and may see the letter"I" more than they see"R",and we'll know that in a few minutes. But my eye goes right to the"R". I remember when Mr.Sonier, I guess it was about ten years ago,was hoping that they were not going to develop that large portion of I-1 to the east of his property, and as he said, he tried to stop that but to no avail. He has to live with that,and that is not what he thought he was going to get when he oved into that neighborhood, and I just feel that this is creeping further and further into residential that I feel shouldn't be in this area. I know there is a ton of I-1 as you move east down Bells Road but I consider that different type of I-1. I mean there is a huge tree buffer before you get to the docks down there where the other businesses are run,so, I won't be able to support this application. Again, I think you've done a fantastic job representing your client but I won't be able to support this. Is there anybody else? Ms. Oliver. Dee Oliver: I think that when, Eddie I think you've done a great job too but I think at one point the storage units, it's"R". It is residential. And, being respectful to the neighborhood of Seatack,as we've worked on this Committee to put in place the guidelines that we have worked on for hours and hours with the community through Seatack to help to protect and preserve the integrity of the original neighborhood that still exists, and the goal is, as Chairman Hodgson said, is to stop this movement into it which is sort of sneaking in and that what we had all agreed upon. And, I think that is a good thing with the arena and the Vibe District developing,coming in, I think that Seatack is going to work with those areas,and I think it is a great thing to highlight Seatack, and bring it up to where we know it could be. I'm excited about the neighborhood and the plans that we have for it. I think the community is excited about what we are talking about,and I look forward to working with them more on this,and I cannot support this application. I'm sorry Eddie. Jeff Hodgson: Mr. Inman. Mike Inman: I will tell you that I fully support the application. Yes,we do want to protect Seatack.Yes, we do want to limit the insertion of additional self-storage units in this area. I can support that. It doesn't mean eliminate it,and we have a land use decision to make. We have a land use decision to make about this piece of property in its current environment. And what is going on in the street over the past 20 or 40 years,forever how long it has been developing as a business industrial area. And,you talk about the least intrusive thing I think we can do as far as the use of this property other than leave it the way it is, is a self-storage because the self-storage. People don't access it that much. The buffering that Eddie's client has agreed to do is extraordinary. It is almost unprecedented inform what I've seen as far as they have gone to create the buffer that will protect the neighbors that need that buffer. They got extra planting.They eliminated the garage doors on the back side. The office warehouse use that will eventually likely be built,and can be built tomorrow on the other side would create a busier environment as such that,and I don't know whether folks would be willing to have residences next to an Item#D1 Bird neck Storage 2, L.L.C. Page 13 office warehouse because as just described,there could be a lot of different types of businesses in there with no limit on the hours of operation or the type of operation or intrusiveness of vehicles that would be associated with those businesses, construction and catering services. All kinds of things can be in an office park,so this is not precedent saying for Seatack.This is not setting a precedence saying we're going to keep putting storage facilities in Seatack.We're looking at this particular property and this particular location,where it is on Bells Road, and I just don't see that is a higher and best use of this property. And that is our job to decide on this property,and this environment and this application. What's the right thing to do on this application? I think that the applicant has done all we could expect. I don't think, in terms of, limiting it in its intrusiveness, if there is any intrusiveness really,so the list of things, and Eddie, I compliment you on putting this before us because it made me feel very comfortable, a responsible decision on your part if we vote in favor. Jeff Hodgson: Is there anybody else? Ron Ripley: Jeff. Jeff Hodgson: Mr. Ripley. Ron Ripley: The reason it got deferred it wasn't an easy decision to make,and there were things that the applicant was asked to do to help make it more compatible if possible. But I see the important of preserving the interest to the neighborhood, and I think some of the things the Committee was working on is good. This is a patch that, a pattern of density of development to me appears it could go either way. It could go residential or go industrial. It doesn't say to me that it ought to be residential. I think, if you've been over the adjustments that were made,something that hadn't been pointed out, I think is very important. Two things. I think the use that was occurring there over the years has been kind of an industrial use in a way. This looks like to me a storage type yard even though with their testimony is that it really wasn't. But it sort of appears that way to me. But the important factor is that if you typically look at industrial zonings, and you build an industrial building, usually it has a lot of iron to it, it is 20-30 feet in the air. The height of this building is 13 feet, 12-feet. Very passive use,a very passive, low eventually the right type of vegetation will buffer it very nicely. The applicant has proposed to growing from single rows. He has moved his buffer back another five feet to 30-feet. It is a passive use, and it kind of fits into the pattern that sort fits the road. Unfortunately, I know the citizens of the neighborhood don't want any more of the mini-storages in there. This is a peculiar area that I don't think evades the major integrity of the neighborhood,and I support the Seatack community to preserve this neighborhood. But I think this fits in right with the right type of patterns. I would support the application as well. Jeff Hodgson: Is there anybody else? Mr.Wall. Jack Wall: I've covered up before there is buffer and there is screening. You hope to see,to me, personally, is separation of land use such as residential and industrial. And, it looks like a nice screen at this location but I wouldn't go far as call it a buffer. A buffer is a large separation between land uses and I think on the Lynnhaven,there are storage units that came before that were in the Rose Hall district. I was hoping to achieve a buffer and maintain the existing landscape in that area. But I think this is still industrial adjacent to resident, and I don't necessarily support that with this screening that is shown here. One thing that Mr. Bourdon brought up was the distance between the two, not two but some of Item#D1 Bird neck Storage 2, L.L.C. Page 14 the storage units and they are down in residential areas. He mentioned Prince George's Estate. I kind of remember them being that way,some of them at lease posing that, at least the storage lots. I'm sure they were opposition the storage units that were there. I don't have a history but they had an enormous buffer. Jeff Hodgson: Who else? I'm sorry Karen. Karen Kwasny: I think Mr. Bourdon always makes a cogent energetic persuasive argument and I can see why Mike has followed in the path of lawyer because he makes a good argument too,and,those are things that I consider while I am sitting here listening and trying to make sure that my conviction before either one of those arguments were presented was the conviction as to flow through on. But, I think probably the argument that stuck with me most was Jeff's discussion of seeing residential and hearing kind of feeling for a maintenance of quality of life and I agree with Jeff, but I think it is more screening than a buffer. I think it provides more of a buffer between residential and agricultural then I actually see here. So, but what's most concerning and most trusting for me is that we is there is so much encroachment on these residential communities of this industrial when it doesn't have to happen. This is a rezoning and it is an application that is requesting approval, and what is there already is rather nice or could be rather nice,and it is compatible and would work and nothing has to change. And,so I would like to continue with what's there versus making a change to what is there. Jeff Hodgson: Is there anybody else? Don Horsley: I think I stated at the last meeting that I didn't think this was residential street and I still don't. I haven't been persuaded that it is a residential street. And, it is more of an industrial street. I don't think it is a good place for residences to be built and on that aspect, and also I think it helps protect us and sends the right message to NAS Oceana, if we put something there that is less intrusive than residential development. So, I am going to support the application also. David Weiner: I was just getting ready to say that Don. How do we send that to Oceana by putting houses there? I know you can do it but who would want to do that. Oceana shares a big part of our area. What you've all done with Seatack is outstanding.And what you're doing with Seatack is great and then I am all behind it 100 percent. I am all about preserving it. First a budget comes up and now a street comes up. We're really looking at it hard. But this is,to me,this is off to the side. I know it is a residential. We've asked the client to come back many times now and he has come back everything with more and more buffering,their landscaping. I think it fits more than residential just in this area,so I am going to support it also. Jeff Hodgson: Is there anybody else? Ms. Oliver. Dee Oliver: I just got to say a couple of things. This is residential. And,the gentleman that came here that is sharing his space with it concerns me in the fact for a land use thing. A storage unit is. It is the least intrusive industrial type of thing you put in there but it is not industrial. It is zoned residential. And they can put residential, and as far as the Navy is concerned,they are okay with residential. They can put by-right back the houses,and to be honest with you, if I was the gentleman, or if I lived next door to him, he bought knowing that the jets are flying over. He wasn't anticipating sharing his backyard and his children with a storage unit. He just wasn't. He was planning on going there for 20 Item#D1 Birdneck Storage 2, L.L.C. Page 15 years,and I know that if I bought my house and invested everything that I had into it,and my children were raised there and then all of a sudden somebody comes along and says this is great place for a storage unit and boom,they change the zoning and now I got that behind me. I think as a Commissioner for Planning, and as a person that supports the Comprehensive Plan, I think we have to sort of look beyond the four squares and view of the facts. That is what we do. That's what I envision that we do. And, if we start just thinking,yeah,we already encroached here. We're already encroaching in this guy's backyard and 50 percent of the streets are already like that, I think we are doing a disservice to the private citizen in that way. I'm sorry. Jeff Hodgson: Dee,you said something for me that is the least passive use you can put there. There probably is no doubt about that. But I challenge anybody to say who would want one to be built right beside their house in a lot next door. I remember when Mr. Sonier bought his house. It was surrounding by residential and he is being boxed in, in my opinion, by not what he envisioned his neighborhood looking like,and I don't'think anyone sitting up here would appreciate the same thing happening in their neighborhood? If the lot next to me was changed to industrial and they build a storage facility. I would be pretty upset. Is there anybody else? Mike Inman: I make a motion to approve the application. Jeff Hodgson: A motion made by Commissioner Inman to approve and seconded by Commissioner Ripley. Mr.Weeden AYE 5 NAY 6 ABS 0 ABSENT 0 HODGSON NAY HORSLEY AYE INMAN AYE KWASNY NAY OLIVER NAY REDMOND NAY RIPLEY AYE RUCINSKI AYE THORNTON NAY WALL NAY WEINER AYE Ed Weeden: By a vote of 5-6,the motion to approve has been denied. Jeff Hodgson: I believe that is the last agenda item today. I would like to thank everybody for coming down and I would like to thank Barry and his staff for all their hard work. And I will stay by my statement earlier that our shortest agenda usually last the longest.Thanks and have a great day. The meeting is adjourned. coiA.B4E,gc 1--":' (2Ak'llill,! n ''lii.. CITY OF VIRGINIA BEACH '" "N:4 INTER-OFFICE CORRESPONDENCE 2 \.,4\ n � n, 0,,ci OF`O R NPt\Oa In Reply Refer To Our File No. DF-9543 DATE: August 25, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsq0 DEPT: City Attorney RE: Conditional Zoning Application; Birdneck Storage 2, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 6, 2016. I have reviewed the subject proffer agreement, dated January 29, 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 BIRDNECK STORAGE 2, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of January, 2016, by and between BIRDNECK STORAGE 2, L.L.C., a Virginia limited liability company, 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) parcels of property located in the Beach District of the City of Virginia Beach, containing approximately 1.935 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference which parcels are collectively referred to herein 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 R-io Residential District to Conditional I-1 Industrial 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 development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 2416-58-1110 2416-58-2140 2416-57-1965 PREPARED BY 0.13 SYKES, BOURDON, AltERN&LEVY,P.C. 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 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 with respect to the Property, 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, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the vehicular access, landscaping, building locations and setbacks shall be substantially as depicted on the exhibits entitled, "REZONING EXHIBIT BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia," and "REZONING EXHIBIT — EXHIBIT #2 BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia", dated January 29, 2016, prepared by WPL, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Concept Plans"). 2. When the Property is developed, the mini storage buildings depicted on the Concept Plans shall have the architectural design, appearance, height and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD"; "TYPICAL ELEVATION FOR BUILDINGS ALONG EAST AND NORTH PROPERTY LINES"; and "TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS", which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach PREPARED BY Department of Planning (hereinafter the "Elevations"). QM SYKES.DOURDON. 6II AHI RN&LWY.U.C. 3. When the Property is developed, the freestanding sign depicted on the Concept Plans shall be an externally lit, monument style sign not exceeding eight feet (8') in total height, which will be constructed using materials of a color and quality that is 2 substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning Department, Zoning Division, for any signage located on the Property. 4. When the Property is developed, access will be gated and restricted to "Pass Code" entry only between the hours of 7:oo AM and 9:00 PM Monday through Friday and between the hours of 8:0o AM and 8:00 PM on Saturday and Sunday, with no access permitted between the PM closing and AM opening times. 5. When the Property is developed, there will be no permanent dumpster location on the site. 6. When the Property is developed, a photometric (i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. 7. When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. 8. When the Property is developed, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior (outside) storage of motorized vehicles on the Property. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-io and I-i Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. PREPARED BY: The above conditions, having been proffered by the Grantor and allowed and 313 AlI Si ®U�2Y.P.C. accepted bythe Grantee aspart of the amendment to the ZoningOrdinance, shall continue ��f$K�Ri��LEVY.�.rP 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 3 subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such 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 PREPARED BY. in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed ail SYKES. POURDON. an AHERN&trvv,P.C. in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Birdneck Storage 2, LLC, a Virginia limited liability company By: 1 Ag (SEAL) Ryan Pow: 1, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of January, 2016, by Ryan Powell, Manager of Birdneck Storage 2, LLC, a Virginia limited liability company, Grantor. �r4M AIi- Notary Public My Commission Expires: August 31, 2018 R. H. •., Notary Registration Number: 192628 I. _ • , 144: PREPARED BY: ian SYKUS.I OURDDN. d�ARtRN&LEVY.P.C. 5 EXHIBIT "A" PARCEL ONE: 1054 BELLS ROAD,VIRGINIA BEACH ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-2, as shown on that certain plat entitled "SUBDIVISION OF PARCEL 'T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith &Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 285, at Page 95, to which reference is here made GPIN: 2416-58-1110 PARCEL TWO: 1044 BELLS ROAD,VIRGINIA BEACH ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-3, as shown on that certain plat entitled "SUBDIVISION OF PARCEL 'T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith & Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 285, at Page 95, to which reference is here made. GPIN: 2416-58-2140 PARCEL THREE: 1052 BELLS ROAD,VIRGINIA BEACH ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-4, as shown on that certain plat entitled "SUBDIVISION OF PARCEL 'T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith & Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 285, at Page 95, to which reference is here made. GPIN: 2416-57-1965 H:\AM\Conditional Rezoning\Birdneck Storage 2\Proffer.doc PREPARED BY: FaM S I KES. P0URD0N>, GIN Ali{ItN&LINY.P.c. 6 0 ), , 1 aii la \.C:::::7 w \\*7\\*\\\_*# 01 4 0 7 9*Q 7 2°. 1 1":()6 4 > \ ,Ge' it* \)\\ / 0 I/ 42) .( > + I _ .,f .:(/) 40 (-Nei) 40 • 4.2)I 4111P. I N.,..,\\NN I tc'C'' 40: aid / off, 1�1� ceAgR� �Hu SYS 144,� f0 .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIRECT INDEPENDENCE GROUP, LLC [Applicant & Property Owner] Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District. 449, 457, 465 Independence Boulevard (GPINs 1476594453, 1476595337, 1476596300). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: September 6, 2016 • Background: This request to rezone and consolidate three undeveloped parcels on Independence Boulevard was deferred at the June 7, 2016, City Council meeting to the July 12, 2016, City Council. The request was inadvertently omitted from the July 12, 2016, advertisement for the public hearing. Based on this omission, the request is rescheduled for the August 16, 2016, City Council public hearing. Prior to the August 16th hearing, inconsistencies were found with the submitted Proffer Agreement; therefore, this item was deferred until the September 6, 2016 City Council hearing. • Considerations: The applicant wishes to develop the site with a commercial building containing a 4,000 square foot restaurant, 3,960 square feet of retail space, and 2,354 square feet of second floor office space. It is Staff's opinion that the proposed development of the vacant site with a small commercial building is compatible with the character of the surrounding area. The layout of the site and the location of the proposed landscaping is respectful of the adjacent residential neighborhood and will meet the planting requirements along Independence Boulevard. The proposed design of the building is consistent with the Retail Establishment Design and Shopping Center Design Guidelines, particularly in regards to projections and recesses of wall planes, varying rooflines, use of storefront display windows, projected entryways, canopies and change in materials. 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 as proffered. Direct Independence Group, LLC Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmental City Manager:7AL. Applicant& Property Owner Direct Independence Group, LLC Agenda Item Public Hearing May 11, 2016 (Deferred from April 13,2016) City Council Election District Kempsville I) 6 Virginia Beach 2 Request ,., 4 `p 7W Conditional Rezoning from0-2 Office to f P Conditional B-2 Community Business e,,° 46'rw d (Application was deferred to allow the applicant �' :,. Be.,„ c more time to complete the proffer agreement "d a�° and building design) .." >� .0" cos r.... ye .4.4%, Staff Planner 4i... " y� Kevin Kemp t.tl0 0, r 44 rds .�< Location ae .04' ° a 449,457,465 South Independence Boulevard 4, ,.4- p`` 0Fa' c a com^s`"."' GPINs ,tea } /I I t. ± sadereroo4 coon 1476594453, 1476595337, 1476596300 Site Size 47,116 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Undeveloped/0-2 Office f , Surrounding Land Uses and Zoning Districts ', `. North .,.. ;Of :0- f�` 4� , ,. South Independence Boulevard s 4. <> Mixed commercial,office and storage/1-1 a Industrial South Single-family dwellings/R-10 Residential . East Automobile repair/B-2 Community Business .c` ?,„ 9N West , `,, o, ,., OffOffice/0-2 Office r� �,- o� , , , 4. Direct ndependence Group, LLC Agenda Item D6 Page 1 1 Background and Summary of Proposal • The applicant requests a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business District for the purpose of consolidating three undeveloped parcels along South Independence Boulevard and developing the site with a two-story commercial strip center. • The submitted site layout depicts a building with a 4,400 square-foot restaurant, 3,960 square feet of retail space, and 2,354 square feet of second story office space. • The proposed restaurant will have a small outdoor dining area that will be enclosed with a fence along the ea side of the building. st • Site Layout: o One ingress/egress point is depicted on the submitted plan. This will be right-in/right-out only onto South Independence Boulevard. o The existing sidewalk along South Independence Boulevard will remain. o The submitted plan depicts 69 parking spaces, meeting the requirements Ordinance for on-site parking. of Section 203 of the Zoning o As required,streetscape landscaping is depicted along South Independence Boulevard in a 10-foot wide planting bed, meeting the requirements of the City's Landscaping Guide. Interior parking lot islands are also depict to be installed within the parking area,as required. o A 15-foot wide buffer with Category Iv landscaping(evergreen trees branching to the ground or a combination of trees and shrubs) is depicted along the rear of the site, providing the required screening between this proposed B-2 site and the adjacent residential properties. o Foundation landscaping will be installed along the front and sides of the building. o The dumpster, depicted to the north of the proposed building, and will be enclosed with a fence and the required plantings. o A detailed review of all of the required plantings will be done during the final plan review process. • Building design: o The submitted elevation depicts a two-story building with EIFS and cement fiberboard(HardiePlank siding as the primary exterior building materials. ) o The first floor is designed with storefront windows with industrial-style canopies overhead. o The entrance to each of the units is accented with a two-story,flat-roofed design feature. o The roof will be metal standing-seam. Direct Independence Group, LLC Agenda Item D6 Page 2 </ B-3 ( - 1 . ''"4110r, � � �`Q Q Zoning History ,� 10� `✓✓ pQ`� St Request O� 1 MOD Approved 02/08/2011 jj _2' CUP(Private College)02/08/2011 MOD Approved 06/14/1994 CRZ(B-2 to Conditional B-3)Approved 04/23/1991 $� 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 the subject property as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area.This is accomplished through compatibility with surroundings,attractiveness of site and buildings, environmental responsibility, livability,and effective buffering of residential from non-residential uses with respect to type,size, intensity,and relationship to the surrounding uses. (pp. 3-1 to 3-3) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.The site is undeveloped and contains some mature vegetation, particularly along the rear property line.There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts South Independence Boulevard 79,889 ADT 1 56,240 ADT 1(LOS 4"D") Existing Land Use 2 356 ADT 64,260 ADT 1(LOS 4"E") Proposed Land Use 3-594 ADT 'Average Daily Trips z as defined by a 47,116 3as defined by a 4,400 square foot 4 LOS=Level of Service square-foot lot zoned 0-2. restaurant,3,960 square-foot retail establishment,2,354 square-foot office space. Direct Independence Group, LLC Agenda Item D6 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Independence Boulevard is an eight-lane divided major arterial road in the vicinity of this site with a varying right- of-way from approximately 155 feet to 175 feet.The MTP shows an eight-lane major arterial with an ultimate right-of- way of 155 feet.The intersection is currently at its capacity at a Level of Service F. There is currently no CIP project scheduled for this segment of Independence Boulevard. Public Utility Impacts Water&Sewer The site is currently connected to City water.There is a 12-inch City water main along South Independence Boulevard. Sewer The site must connect to City sewer.There is a 12-inch City force main along South Independence Boulevard. Pump station#508 should be evaluated to see if it can handle additional capacity. Evaluation and Recommendation The applicant's request for a change of zoning of the subject property in order to develop the site with a commercial building is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area.The development of the site with a restaurant, retail establishment and office space is compatible with the surrounding commercial and office uses. Additionally,the building's design is reflective of the following elements of the Retail Establishment and Shopping Center Design Guidelines:the use of projections and recesses of wall planes,storefront display windows, projected entryways,canopies, changes in materials and alternate material accents,variations in rooflines,a three- dimensional roof feature, and the use of high-quality materials. The proposed design, in Staff's opinion,will be an aesthetically pleasing addition to this section of South Independence Boulevard. The submitted site layout depicts the required streetscape and interior parking lot landscaping as well as the Category IV screening, providing an ample buffer to the residential properties to the south. Proffers 1. The following uses allowed in the B-2 Zoning District shall not be allowed on the property: • Animal hospitals,veterinary establishments, pounds,shelters,commercial kennels • Assembly uses • Automobile museums • Automobile repair garages • Automobile service stations • Bars or nightclubs • Beverage manufacturing shops • Boat sales • Body piercing establishments • Borrow pits • Building mounted antennas other than those meeting the requirements of Section 207 • Bulk storage yards and building contractor yards • Business and vocational schools which do not involve the operation of woodwork shop, machine shops or other similar facilities • Car wash facilities • College and universities, public or private • Commercial parking lots, parking garages, parking structures and storage garages Direct Independence Group, LLC Agenda Item D6 Page 4 • Commercial parking garages and storage garages which include car wash, car rental, or car detailing services when wholly enclosed within a parking structure and assessor thereto • Communication towers and temporary communication towers • Fiber-optic transmission facilities • Funeral homes • Heliports and helistops • Home-based wildlife rehabilitation facilities • Hospitals and sanitariums • Marinas, commercial • Mini-warehouses • Mobile home sales • Motor vehicle sales and rental • Museums and art galleries • Open-air markets • Outdoor plazas • Passenger transportation terminals • Passenger vessels permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes • Personal watercraft rentals • Public utility storage or maintenance installations • Radio and television broadcasting stations • Recreation facilities other than those of an outdoor nature, with a floor area greater than 7,500 square feet • Recreational and amusement facilities of an outdoor nature,which may be partially or temporarily enclosed on a seasonal basis with approval of city council • Religious uses with a floor area greater than 4,000 square feet • Satellite wagering facilities • Small wireless facilities • Storage garages • Tattoo parlors • Wholesale and distribution operations • Wildlife rehabilitation centers • Wind energy conversion systems 2. Property owners shall develop the structures on the property in substantial conformance, as determined by the Planning Director,or designee,to elevations entitled, "Independence Square,449 Independence Blvd.,Virginia Beach,VA 23452," dated March 10, 2016, and prepared by ionic dezign studios. Such elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Property owners shall develop the property in substantial conformance,as determined by the Planning Director, or designee,to the site plan entitled"Conceptual Site Layout Plan of 449 Independence Blvd.,Virginia Beach, Virginia,"dated 10/23/15, and prepared by MSA, P.C. 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. Direct Independence Group, LLC Agenda Item D6 Page 5 Proposed Site Layout ' Ill Illi8i E E E s U 8 �I ,i, =LL L� I j R lg fill 11111 [ i ri w } P jii ' 4- .:II I I. I i I w fir ' .o i • J. 1..' F l B • ` ry a� g a 4 vpG �$ il p ' ! � G ( �a ,,,r, ,f. ,.. i! ILI 1�"" � ;.-., v ,`4 — 1 i 111 e Z d —+ Iiii g 11Ili !;W > 1 i uIlB IWn K0 -tZQ i mz X W I a4 114 i 2' '- ,ia 15 14 o ' €ilgi ¢ Direct Independence Group, LLC Agenda Item D6 Page 6 Proposed Commercial Building ,. w .,... i — U w /LIZ, I, Cl) , ,- w 0_ 0 /gr m ; ; 1 0 w w a ''ss b- z i i w' CL 0 40:.-4'! Z LA II ::' '' , -,._ , ,...,,,,:„...i. ., . , . „......_.,...., . .. ... ,, , _ , . , -,,, ,-.1-, i .., ;Iv : ,,,, , ,. " `a,.: , te 7„. _.„,_. y . . VAIL Wrninit'i .----s: $ d �) w I ii =pa: —', -1 3 cl 4 I , w o u ii 1 w :P , uj 1 CL z° Zi I II 11= IMP Direct Independence Group, LLC Agenda Item D6 Page 7 Proposed Commercial Building m ■ a I.11 LLI LU CI_ 31 Mil Ci to iI LUZ II w , , w 0.10 Z 1 =mu , III i t lt_ f , r ' i 11, 1111e A E 0.__ len Pr II / i w1 Q', C A k, a x N K 0? rt4 . zc 0.S If. a C N r 41 Al 41v ,' « i Y 'fid 4 Direct Independence Group, LLC Agenda Item D6 Page 8 Proposed Elevation z ` 0 orb I Q 1O Q° Il > t2 ' w I w s. ' O :1: i re ,�J. I MI I. i * , ■ A ■■ ;z t t ■■I: i I 7 Tr ■ 1 .. 7 N i � a : 0 $.1_1=1 \ (,)0,z p O N Z m o i ...1/4, • , IL Z ,0a ' 1 a O z d 4 Z o .� K- w i r. C a x gt ■ 1 s N . Direct Independence Group, LLC Agenda Item D6 Page 9 Site Photos 4, jf ; ): ` r goripot w +. * '� _. +veld r` '+r 4- a� st M ` • • t fr Al ;'. ;� v �h. �. AGt . my r. x.. V Y ' /r T , l'-.-Tl 3 4 z.....:-.,,,our v • ' i a to- ai ...i., , _, ,„„,;,,,,,,.„. ....::.,..,,,y.......iiiii., w agy�ry„ Direct Independence Group, LLC Agenda Item D6 Page 10 Disclosure Statement N.B. vir inu, i ,.,, 1, 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 Cit by City � City I Modification of Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exce.tion for (EDIP) I Changes Board of Zoning A• eats Encroachment Request , Rezoning Certificate of j 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 i Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT-_/S_NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 ❑ IAF 'c of ti: %,i,,, t ,tHEi )r _ ky: ` I Direct Independence Group, LLC Agenda Item D6 Page 11 Disclosure Statement Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Direct Independence Group, LLC -Thao Tran-Manager -Linda Tran-Manager • (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Not applicable. See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is differentfrom Applicant. Li Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ISI 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 followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Direct Independence Group, LLC -Thao Tran-Manager -Linda Tran-Manager (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. Direct Independence Group, LLC Agenda Item D6 Page 12 Disclosure Statement 11/4/48 Virginia Beach Not applicable. "Parent-subsidiaryrelationship"p" 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: YES 7-1 ( SERVICE PROVIDER(use additional sheets if _ ---- L needed) EiAccounting and/or preparer of I Mike O'Neil your tax return U - — _ El Architect/Landscape Architect/ Land Planner U a 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) EConstruction Contractors 1 I nEngineers/Surveyors MSA,P.C. 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. Direct Independence Group, LLC Agenda Item D6 Page 13 Disclosure Statement Virginia Beach Financing(include current TowneBank i- mortgage holders and lenders (- Iselected or being considered to provide financing for acquisition or construction of the property) El 17 ---- ----- ------------ Legal Services 5hepelleWatkinsWhite Consulting C j 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 E an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided I herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of and p_ublic body or committee in connection with this Application. APPLICANT'S SIGNATUREArmy.eIy V-rik t PRINT NAMEDirat laigt� ut.�VW.wxY`�Swl' DATE _1_S. � PROPERTY OWNER'S SIGNATURE _ I PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Direct Independence Group, LLC Agenda Item D6 Page 14 Item#D6 Direct Independence Group, L.L.C. Conditional Change of Zoning 449,457& 465 South Independence Boulevard District 2 Kempsville May 11, 2016 CONSENT An application of Direct Independence Group, L.L.C. for a Conditional Change of Zoning(0-2 Office District to Conditional B-2 Community Business District)on property located at 449,457&465 South Independence Boulevard, District 2, Kempsville. GPIN: 1476594453, 1476595337, 1476596300. PROFFERS 1. The following uses allowed in the B-2 Zoning District shall not be allowed on the property: • Animal hospitals,veterinary establishments, pounds,shelters, commercial kennels • Assembly uses • Automobile museums • Automobile repair garages • Automobile service stations • Bars or nightclubs • Beverage manufacturing shops • Boat sales • Body piercing establishments • Borrow pits • Building mounted antennas other than those meeting the requirements of Section 207 • Bulk storage yards and building contractor yards • Business and vocational schools which do not involve the operation of woodwork shop, machine shops or other similar facilities • Car wash facilities • College and universities, public or private • Commercial parking lots, parking garages, • Commercial parkinggaragesParking structures and storage garages and storage garages which include car wash, car rental, or car detailing services when wholly enclosed within a parking structure and assessor thereto • Communication towers and temporary communication towers • Fiber-optic transmission facilities • Funeral homes • Heliports and helistops • Home-based wildlife rehabilitation facilities • Hospitals and sanitariums • Marinas, commercial • Mini-warehouses • Mobile home sales • Motor vehicle sales and rental • Museums and art galleries Item#D6 Direct Independence Group, L.L.C. Page 2 • Open-air markets • Outdoor plazas • Passenger transportation terminals • Passenger vessels permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine(149) passengers and used for commercial purposes • Personal watercraft rentals • Public utility storage or maintenance installations • Radio and television broadcasting stations • Recreation facilities other than those of an outdoor nature, with a floor area greater than 7,500 square feet • Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council • Religious uses with a floor area greater than 4,000 square feet • Satellite wagering facilities • Small wireless facilities • Storage garages • Tattoo parlors • Wholesale and distribution operations • Wildlife rehabilitation centers • Wind energy conversion systems 2. Property owners shall develop the structures on the property in substantial conformance, as determined by the Planning Director,or designee,to elevations entitled, "Independence Square, 449 Independence Blvd., Virginia Beach,VA 23452,"dated March 10, 2016, and prepared by ionic dezign studios.Such elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Property owners shall develop the property in substantial conformance, as determined by the Planning Director, or designee,to the site plan entitled "Conceptual Site Layout Plan of 449 Independence Blvd.,Virginia Beach,Virginia," dated 10/23/15, and prepared by MSA, P.C. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item D6. 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#D6 Direct Independence Group, L.L.C. Page 3 WEINER AYE By a vote of 11-0,the Commission approved item D6 for consent. Shepelle Watkins White appeared before the Commission on behalf of the applicant. ^Gl\ ABFA 4-- L �'� � CITY OF VIRGINIA BEACH t310,7INTER-OFFICE CORRESPONDENCE UUR In Reply Refer To Our File No. DF-9572 DATE: August 29, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Direct Independence Group, LLC — Conditional Change of Zoning The above-referenced modification to conditional zoning application is scheduled to be heard by the City Council on September 6, 2016. I have reviewed the subject proffer agreement, dated April 14, 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 L. Bloom Document Prepared By: ShepelleWatkinsWhite Consulting&Law,PLLC 870 Greenbrier Circle,Suite 405 Chesapeake,VA 23320 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 14th day of April. 2016, by and between DIRECT INDEPENDENCE GROUP, LLC, ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the"Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of certain parcels located in the City of Virginia Beach, Virginia identified by GPIN No. 1476-59-4453-0000; 1476-59-5337-0000 & 1476-59-6300-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"); and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from 0-2 to Conditional B-2; 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 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 B-2 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. GPIN: 14765944530000, 14765953370000, 14765963000000 GPIN: 14765944530000, 14765953370000, 14765963000000 NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The following uses allowed in the B-2 Zoning District shall not be allowed on the property: • Animal hospitals, veterinary establishments,pounds, shelters, commercial kennels • Assembly uses • Automobile museums • Automobile repair garages • Automobile service stations • Bars or nightclubs • Beverage manufacturing shops • Boat sales • Body piercing establishments • Borrow pits • Building-mounted antennas other than those meeting the requirements of Section 207 • Bulk storage yards and building contractors yards • Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities • Car wash facilities • Colleges and universities,public or private • Commercial parking lots, parking garages, parking structures and storage garages • Commercial parking garages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto • Communication towers and temporary communication towers • Fiber-optics transmission facilities • Funeral homes • Heliports and helistops • Home-based wildlife rehabilitation facilities • Hospitals and sanitariums • Marinas, commercial • Mini-warehouses • Mobile home sales • Motor vehicle sales and rental • Museums and art galleries • Open-air markets • Outdoor plazas • Passenger transportation terminals • Passenger vessels permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine (149)passengers and used for commercial purposes • Personal watercraft rentals • Public utility storage or maintenance installations • Radio and television broadcasting stations • Recreation facilities other than those of an outdoor nature, with a floor area greater than 7,500 square feet • Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council • Religious uses with a floor area greater than 4,000 square feet • Satellite wagering facility • Small wireless facilities • Storage garages • Tattoo parlors • Wholesaling and distribution operations • Wildlife rehabilitation centers • Wind energy conversion systems 2. Property owners shall develop the structures on the property in substantial conformance, as determined by the Planning Director, or designee, to the elevations entitled, "Independence Square, 449 Independence Blvd., Virginia Beach, VA 23452"dated March 10, 2016 and prepared by ionic dezign studios. Such elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Property owners shall develop the property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Site Layout Plan of 449 Independence Blvd., Virginia Beach, Virginia"dated 10/23/15 and prepared by MSA, P.C. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR DIR N)EPE► 1 ENCE GROUP, LLC (SEAL) Th/'ran, Mana er A (SEAL) inda Tran, Manager COMMONWEALTH OF VIRGINIA CITY OF CHESAPEAKE, to-wit: The forgoing instrument was sworn to and acknowledged before me on this 14th day of April, 2016, by Thao Tran and Linda Tran in their capacities as Managers of Direct Independence Group, LLC. They are either ® personally known to me or ❑ has produced as identification. Witness my hand and official stamp or seal this 14th day of April 2016. Avail._ • (SEAL) Notary Public 1 '��`,��P ''L E Nq ,,,,',, My Commission expires: -f 3p[(8 •••••••••.., ry Registration No: MY o.#7585583 m EXHIBIT A Legal Description ALL those certain lots, pieces, or parcels of land, situate in the Kempsville Borough of the City of Virginia Beach, Virginia, and designated and described as "LOT B", "LOT C", and "LOT D", "AREA: 47,116 SQ.FT. = 1.082 ACRES" as shown on that certain plat entitled: "PLAT SHOWING PORTIONS OF TRACT NO. 43 A.W. CORNICK KEMPSVILLE FARM LOTS B C & D (M.B. 42, P. 22) OWNED BY THE CITY OF VIRGINIA BEACH LOCATED IN FORMER KEMPSVILLE BOROUGH VIRGINIA BEACH VIRGINIA," Scale: 1" = 25' dated July 5, 1998, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 288, at page 15, to which reference is made for a more particular reference. ,- . , --- s ,. , \ ,.. ..... ...„ - ,.....-- ..,, -....- .„. . , 4 11.11. IP / ,i l' / .. ' . I AK e(''' • . e/ IX\ 14 -.- .- -' N• „. , ... , .. ,. 0,.. ., / , ' : ' , , \ --- -, 2 , i ,- :///../ / . / 1,i . k , 3.0 OS via./ , 1 i Ce /4"----„, VI 0 / .c. _ ----- / 03 / __----- _,-------r ,.... r ' ,WWI CO 03 , \IL 04•1 Z ---, -- , ----- ---- \ _ . • -"'",,,,,,,,.. tit• ikl 't I or.,,�7 �o �� 4 si .—. .{ ..4.:_.:::::e. ` f J.�f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHERI Y. HUGHES [Applicant] IRENE A. GALIOTOS TRUSTEE, ANTHONY S. GALIOTOS REVOCABLE TRUST [Property Owner] Conditional Use Permit (Tattoo Parlor) 2955 Virginia Beach Boulevard (GPIN 1497257677). COUNCIL DISTRICT— BEACH MEETING DATE: September 6, 2016 • Background: The applicant desires to add cosmetic tattooing to the services offered at her beauty salon that has been in operation since 1998. All tattooing services will be by appointment only. Cosmetic tattooing services will assist customers who have tremors associated with neurological disorders such as Parkinson's disease, Multiple Sclerosis and Macular Degeneration with permanent makeup solutions. • Considerations: The request is consistent with the Lynnhaven Strategic Growth Area Plan and it appears that no other tattoo or body piercing establishments are located within 600 feet of the subject site. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no known 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 with the following conditions: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with Cheri Y. Hughes Page 2 of 2 L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. • 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 (\r-,F------- City Manager: TA 1. Applicant Cheri HughesAB Agenda Item Property Owner Irene A. Galiotos Trustee, Anthony S. Galiotos Revocable Trust Public Hearing July 13, 2016 3 Virginia Beach City Council Election District Beach Request sa / ,,Dior n° F Conditional Use Permit(Tattoo Parlor) ; Ed,nb°^, . " is 4 ^$M Staff Planner = % A 1 4/ v G,i n e �'tCa'�4 Jimmy McNamara 9 a9 4 ;u Location �n,aOoMheOy1e„a.d f s,� Rin s 4, bca 6 2955 Virginia Beach Boulevard, Suite 104 �.7D°eDNL oJsaeghs �,, ;, 'c .9' 0 GPIN a o R Pinewood Dove >75 dB DNL 11 1497257677 Warren Place 9 O 1%. South ern°wlevard Site Size 1:,,,1:,,, '^9 ^ 'h, „r Doan Dn , Nto 2.17 acres ^a ; a"°'ane1.. 3q 9 t 8 Ca... 264 Y BatrettStreet AICUZ q $, � ,g �i* o a' gie Fy, ''SlC)'' r 70 75 dB DNL �g o� r p 'I; IS e API . it a- oih ''et Existing Land Use and Zoning District Office Building/B-2 Community Business Surrounding Land Uses and Zoning Districts ' = y.>r r , North `. 1`` :—� - Virginia Beach Boulevard ,.�u ' < Gas station/B-2 Community Business t,, �.. •' '"`" South ..- tIMP t1�PV•lT 0. x w 7Pinetree Branch of Wolfsnare Creek . \11e(3tt,,' ;D`,y, ,. tN ry. Single-family dwellings/R-10 Residential �, .. • . East ° Pinetree Branch of Wolfsnare Creek ' Mixed retail/B-2 Community Business I, r r ., o – West Retail/B-2 Community Business It Cheri Hughes Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor to add cosmetic tattooing services to her existing beauty salon that has been in operation at this location since 1998. • The salon typically operates between the hours of 10:00 a.m. to 7:00 p.m.,Tuesday through Thursday and from 9:00 a.m.to 5:00 p.m., Friday and Saturday. • The applicant has over 20 years of experience in the beauty industry and holds licenses in esthetics, nail technology, and cosmetic tattoo artistry. Services offered at the subject site include manicures, pedicures, skincare treatment, oncology skin care,waxing,eye lash extensions and other related procedures. • It is the applicant's intent to provide services to patients who have breast implant reconstructive surgery and neurological disorders such Parkinson's disease, Multiple Sclerosis and Macular Degeneration. These services will assist with permanent makeup solutions for clients who experience difficulties applying makeup due to tremors and other difficulties associated with their disorders. • Cosmetic tattooing services will occur by appointment only. It is the applicant's policy that no cosmetic tattooing will occur on anyone under the age of 18, regardless of parental authorization. 440 DNL �1 Zoning History B 2 1 2 # Request ch sot" 1 MOD Approved 12/11/2007 ln;a y — CUP(Fuel Sales)Approved 11/26/2002 Virgges4 2 CUP(Small Engine Repair&Service)Approved - - 12/02/2014 B'2 3 CUP(Motor Vehicle Sales& Repair)Approved 70 75 08 DK 02/22/2000 8-2 CUP(Motor Vehicle Sales, Repair,Service,Sale of Parts& Parking)Approved 02/10/1998 R-to CUP(Motor Vehicle Sales, Rentals& Repair)Approved ff. 02/14/1995 R to 4 CUP(Automotive Repair Establishment)Approved 01/14/1992 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 Cheri Hughes Agenda Item 3 Page 2 Comprehensive Plan Recommendations This site is located in the Lynnhaven Strategic Growth Area (SGA). The Lynnhaven SGA Plan calls for"Highway-Oriented Retail" in this immediate area, which consists of"small retail or office buildings with parking in the rear of the lots." Site t ► /., icar ~ . .r wd ti Vnginia .c Virginia beach Blv 4 ---r� 4"."11 26.7 Potters Rd c Pottersµd � a I y � r a 1 a I 1 Lynnhaven SGA Expanded Planning Area Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed and most of the site is located within the most stringently regulated portion of the Chesapeake Bay Preservation Area,the Resource Protection Area. Additionally,a portion of the site is located within the FEMA Flood Zone AE, Special Flood Hazard Area. There is a tidal ditch adjacent to the southeastern portion of the site that feeds into a creek on the north side of North Lynnhaven Road. As no land disturbance activity is proposed,there does not appear to be any significant impact to any natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 39,419 ADT 1 56,240 ADT 1(LOS°"D") Existing Land Use 2—50 ADT Proposed Land Use 3 —50 ADT 'Average Daily Trips 2 as defined by a salon with 'No change anticipated. 4 LOS=Level of Service six booths. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane major urban arterial road in the vicinity of this site with an approximate right- of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no roadway CIP projects scheduled in the vicinity of this site. Cheri Hughes Agenda Item 3 Page 3 Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. The existing 5/8-inch meter(City ID #95135684) may be used or upgraded to accommodate the proposed development. Evaluation and Recommendation This Conditional Use Permit request for a Tattoo Parlor within an existing shopping center is generally consistent with the Lynnhaven SGA Plan's land use policies for this "highway-oriented" corridor. No change to the site or to the exterior of the building is proposed with this request. Staff does not anticipate any impacts to existing infrastructure or surrounding properties with this request. Section 242.1 of the Zoning Ordinance states that no tattoo parlor or body piercing establishment shall be located within six hundred (600)feet of another tattoo parlor or body piercing establishment. It appears that the request meets this requirement. Based on the considerations above, Staff recommends approval of this request with the conditions below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 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. Cheri Hughes Agenda Item 3 Page 4 Proposed Site Layout -_ - _ Existing Ingress/Egress Proposed Existing CUP Unit Parking •I14 Rf} Existing Buildings Cheri Hughes Agenda Item 3 Page 5 Site Photos .. _ .., 7 -,• , . , ,'-‘,.:•, '• ' ''. -' 14 • , . . : ,....."--- ' lir 1 • ,km 8 Nail , • • 1 Boutique ....„......... .. _ ...--,..—.......................„ 'I * I .... it : ....... - ---_-__ ilipol ----------- ' .„ ----------. A,, . , ,,,„.. ....„4".,.._. 1Pinetree Square , F..... ... ... , ,. • . , . CANINE 1i011011 086 SPA a SAMAR .11A 4 BD a , — -- – .–.. – – '—— Cheri Hughes Agenda Item 3 Page 6 I I Disclosure Statement Vit- inia lte,ti h APPLICANT'S NAME 'h 121 fit6 �+ -J _ 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 I Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for Changes --------, (EDI P) -- ------- Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness I Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board L __ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 _ .1q?STtktai Cheri Hughes Agenda Item 3 Page 7 Disclosure Statement Virginia Beach IZ-Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT_.IS a corporation, partnership, firm, business, or other unincorporated organization. / (A) List the Applicant's name: if11 i_x_ 114 hf.' If an ILC, 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) 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 Applicatlf. EI Check here if the PROPERTY OWNER ISNOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN.complete the following. (A) List the Property Owner's name:_/11 _- __.s_CL-f-i- If an LIC, list the member's Trustees: names: Irene Galiotos,Tasos Galiotos, Paul Galiotos Page 2 of 7 Cheri Hughes Agenda Item 3 Page 8 I I i I Disclosure Statement \i/B Virginia Reach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when 0)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated,_on_the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Cheri Hughes Agenda Item 3 Page 9 Disclosure Statement V3 APPLICANT Virginia Beach r 1 [ PROVIDER(use additional sheets if I YES I I NO] SERVICE needed) J --- 7 ' I>n LAC-In—rt-eAM i-/- D 1 Accounting and/or preparer of your tax return - - ] FT- Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than E Fk--- the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n 0- purchaser of the subject property (identify purchaser(s)and 1 purchaser's service providers) riTE Construction Contractors E E( Engineers/Surveyors/Agents Financing(include current Li io, mortgage holders and lenders selected or being considered to provide financing for acquisition 1 or construction of the property) ..., El ,Pm- Legal Services , Real Estate Brokers/ O Pli Agents/Realtors for current and am anticipated future sales of the sub.ect roperty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 7 an interest in the subject land or any proposed development EA 1 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Cheri Hughes Agenda Item 3 Page 10 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 Application: -- • CVLILilli APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Cheri Hughes Agenda Item 3 Page 11 Disclosure Statement OWNER Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) Accounting and/or preparer ofa, your tax return I I E Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than F- the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 1�1 purchaser of the subject property I �/ (identify purchaser(s)and purchaser's service providers) 11 IE Construction Contractors EEngineers/Surveyors/Agents Financing(include current n ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ei E Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Cheri Hughes Agenda Item 3 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. Ii 47c.<rL__ i c( y J << k,(! 1 r.e u I C, w 5 I ? PROPERTY OWNER'S SIGNATURE PRINT NAME DAT -�_ Page 7 of 7 Cheri Hughes Agenda Item 3 Page 13 Item#3 Cheri Y. Hughes Conditional Use Permit 2955 Virginia Beach Boulevard District 6 Beach July 13, 2016 CONSENT An application of Cheri Y. Hughes for a Conditional Use Permit (Tattoo Parlor)on property located at 2955 Virginia Beach Boulevard, District 6, Beach. GPIN: 1497-25-7677-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 3. 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 3 for consent. The applicant Cheri Hughes appeared before the Commission. i ii / ii i N �j I( 1 Ca N J j , 1/ / L ii i L._ r r ; L117 i L ,, , r..._ , ,,fil � . , i _____I , , - 1 +I -7 0 it ' i 11 II IS\lik 1 I R� f Q C N 1. 1211111311k , ill 17 // --, 1 i al , /./ , , , „ , 0.4„. , II i Il fl I CO i41,1 iii:1 i 11 / r / i I i < 1 4,,,_,,,, 1 ---, , 1 jr'Nti G7 j(f U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS WILDER [Applicant] JUAN SUAREZ, ARCH DIXON & JALALADIN MANSOURZADEH [Property Owners] Conditional Use Permit (Craft Brewery) 2505 Horse Pasture Road (GPIN 1495857045). COUNCIL DISTRICT— ROSE HALL MEETING DATE: September 6, 2016 • Background: The applicant has operated the Young Veteran's Brewing Company on the subject site since 2013. The applicant intends to expand the business to approximately 6,000 square feet. The Zoning Ordinance was amended in October 2014 to add Craft Breweries as a Conditional Use within the I-1 Light Industrial District. As a result, a Conditional Use Permit is now required for the expansion. The expansion will include a tasting room, office space, manufacturing space, storage space etc. • Considerations: The request is consistent with the Comprehensive Plan's land use goals for South Oceana — SEGA 3, and is a compatible use in the 70-75 dB DNL noise zone according to Article 18, AICUZ, of the Zoning Ordinance. However, discussions with the Department of the Navy have resulted in some questions regarding the proposals consistency with the existing Navy Restrictive Easement on the site. On August 30, 2016, Staff received a letter from the Navy that identified concerns pertaining to the proposed application. Staff has been in contact with both the applicant and the Navy in reference to the concerns raised by the letter. The conditions recommended by the Planning Commission at the August 10, 2016 public hearing have been modified by Staff in an effort to satisfy these concerns; however, Staff recommends an indefinite deferral of this application until the concerns are fully addressed to the Navy's satisfaction. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. Thomas Wilder Page 2 of 3 • 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. 1 . With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 6. Live music •_ . _ .1-- _ •• . _ - _ - - . . -• _ e _ - __ and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. shall be prohibited on the site. 7. No food trucks shall be permitted to operate on the premises. unless a separate Conditional Use Permit for Open Air Market is obtained. 8. The outdoor seating ar a shall not be enclosed by eitherpsolid or chain link fence. Regardless of the site layout submitted by the applicant with this request,there shall be no outdoor seating areas permitted on the site. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 10. Prior to the removal or conversion of any required interior parking lot landscaping for the purpose of creating an outdoor seating area, a representative of the Craft Brewery shall submit a plan to the Development _ et . - .. -- - . . _ . _ • 6- - _ _ •-- - - . - - -e .. . Architect. 1-1,10. A complete plumbing fixture count, by type, and the proposed additional process water demand shall be submitted to the Department of Public Thomas Wilder Page 3 of 3 Utilities to ensure that the existing water meter is capable of meeting an increased peak water demand. 12,11. Regardless of the floor plan submitted by the applicant with',this request and consistent with the Navy Restrictive Easement, auxiliary function retail sales in association with the brewery shall not exceed ten (10) percent of the gross building area of the space occupied by the brewery. 1-3,12. The "Copper Art Workshop" area identified on the floor plan submitted by the applicant with this request, shall be used only for the manufacturing of goods and shall be closed to the general public. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Letter from the Department of the Navy Copy of Restrictive Easement between Linda T. Chappell and C. Roger Chappell and the United States of America, Department of the Navy Location Map Recommended Action: Staff recommends Indefinite Deferral. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen City Manager: Applicant Thomas Wilder Agenda Item Property Owner Juan Suarez, Arch Dixon & Jalaladin Mansourzadeh I Public Hearing August 10, 2016 Virginia Beach City Council Election District Rose Hall Request '°"� a Conditional Use Permit(Craft Brewery) R�''�,a / isiStaff Planner APSIJimmy McNamara '°'°'rye >75 dB ONLc PPr7ormar, Court Location 2505 Horse Pasture Road tondo,'&; Bridge 74atl Norse -._. � GPIN '""rel d t 1495857045 �m""`k Road a AP11 Site Size ,-- 1.85 acres AICUZ 70-75 dB DNL 70-75 dB DNL 11 oF Existing Land Use and Zoning District Industrial warehouse/1-1 Light Industrial Surrounding Land Uses and Zoning Districts North ""' _ _=; !'J ,F _o' ten : Horse Pasture Road am Undeveloped, industrial warehouse/ 1-1 Light .. Industrial Norse P 7stt` Roa .-- ,- South d Dam Neck Road Wooded land/ R-20 Residential y East f / ` ' Horse Pasture Road , Industrial warehouse/1-1 Light Industrial tr J it West Undeveloped/1-1 Light Industrial bans Mec/r Road Thomas Wilder Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant has operated the Young Veteran's Brewing Company on the subject site since 2013. The operation currently occupies one suite (104),with approximately 2,000 square feet within an existing industrial warehouse building. The Zoning Administrator has determined that the retail area permitted as an accessory use on the site is limited to 10% of the gross floor area of the business. • The applicant desires to expand the business to include two additional suites (102, 103)for a total of approximately 6,000 square feet. Suite 107 will also be occupied by Young Veterans Brewing Company for office space, and is not included in this Conditional Use Permit request. • The Brewery began operating on the site as a Beverage Manufacturing establishment.On October 7, 2014,the Zoning Ordinance was amended to add Craft Breweries as a Conditional Use within the I-1 Light Industrial District. As a result, a Conditional Use Permit is now required for the expansion. • The expansion will include a 750 square-foot tasting room, a 400 square-foot cooler,office space, manufacturing space, storage space, an outdoor seating area and a 352 square-foot copper art shop. No changes are proposed to the exterior of the existing building. • Proposed hours of operation are 3:00 p.m. to 8:00 p.m., Sunday through Thursday; 3:00 p.m.to 11:00 p.m. on Friday; and 12:00 p.m.to 11:00 p.m. on Saturday. • Beverages will be available for on-site consumption within the tasting room,which will only serve beers produced by Young Veterans Brewing Company. As defined in the Zoning Ordinance, Craft Breweries may not produce beer or other fermented beverages in excess of 15,000 barrels per year. • The existing number of parking spaces on the site meet the requirements of Section 203 of the Zoning Ordinance. »SdBON!�- 1 -- - e P- _,_ B-2 Zoning History ' # Request 1 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 'aler�j'oe R-20 05/14/2002 ti AG-1 R-20 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 Thomas Wilder Agenda Item 1 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the area where this property is located as the South Oceana—Special Economic Growth Area (SEGA) 3. The Plan identifies this SEGA as a special area with significant economic value and growth potential, (page 3-32, Policy Document). All development within this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Measures to mitigate negative impacts on adjoining stable residential areas must be part of any development proposal in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed with an office warehouse and associated parking,there do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 9,900 ADT (LOS 4"D") Horse Pasture Road 253 ADT 1 11 100 ADT 1(LOS°"E") Existing Land Use 2—235 ADT Proposed Land Use 3—No Change Dam Neck Road 38,359 ADT 1 34,900 ADT 1(LOS°"D") Anticipated 37,100 ADT 1(LOS°"E") 1Average Daily Trips 2as defined by Drinking Sas defined by Drinking Establishment 4 LOS=Level of Service Establishment Public Utility Impacts Water The site is currently connected to City water. The existing 1.5-inch meter(City ID#95067436) may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. Evaluation and Recommendation The applicant's request to expand the existing brewery is consistent with the Comprehensive Plan's land use goals for South Oceana—SEGA 3, and is compatible with the provisions of the Land Use Compatibility Table in Article 18, AICUZ, of the Zoning Ordinance for a site located within the 70-75 dB DNL noise zone. The Virginia Uniform Statewide Building Code requires noise attenuation measures be incorporated into all structures within the high noise zones. In Staff's opinion,that this use is appropriate for the location, and does not anticipate any negative impacts to adjacent property owners. Based on the considerations above,Staff recommends approval of the request subject to the conditions below. Thomas Wilder Agenda Item 1 Page 3 Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 7. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for Open-Air Market is obtained. 8. The outdoor seating area shall not be enclosed by either a solid or chain-link fence. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 10. Prior to the removal or conversion of any required interior parking lot landscaping for the purpose of creating an outdoor seating area, a representative of the Craft Brewery shall submit a plan to the Development Services Center demonstrating interior planting requirements are met and shall obtain written approval from Development Services Center Landscape Architect. 11. A complete plumbing fixture count, by type, and the proposed additional process water demand shall be submitted to the Department of Public Utilities to ensure that the existing water meter is capable of meeting an increased peak water demand. 12. Auxiliary function retail sales in association with the brewery shall not exceed ten (10) percent of the gross building area of the space occupied by the brewery. 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. Thomas Wilder Agenda Item 1 Page 4 Proposed Site Layout I ; Ingress/Egress / \ , •i j i -----77Z:::::::::7------ __ .._'-,,,_______, \ " / ill ' /I/ /' Parking Outdoor Seating Area / .,' Outdoor Seating Area yiY--.. ._../ 11. Brewery i , , Ingress/Egress }} , I c r ' r C r+ ___ Parking , �r ' Z r ________________„3 , i i f _________ --_______ _ ,_______I / _,.._______ / , ,. / a �� 1i Thomas Wilder Agenda Item 1 Page 5 Proposed Interior Floorplan Young Veterans Brewing Co. Taproom and Brewery Floor Plan 80 Ft Total F 6 000 pAL,...L, RACK PAUL I RACK dALLL I RACK l'ALLL 1 RACK ,:- 308"X 42" 108"X 42" 108"X147- —10ErX 47' , LLI = cj- Z 0 —./ J&S BuildersOffice < 0 0 ,--- , Z [-- - I 1 , 0 Z , < D I 0 - --J rtAttft F RELLER AP '' Ren o:e Wall 30ft X 18ft 6FT X 6FT 8FT X 6FT 8FT X 6FT ,. MILL ROOM § g... Sit Xe Ft Kathen "Lm LLJ )X.A EllesmPlaYeeh'um Z e Cm 0 Tasting Room Room an < Total 780 SF .....,e < V 0 t13 COOLER cD 400 SF .PAL Fe1111 ;13 — Remove Wall 20ft X ltift CO 1 1 r.: 20 BBL WPM, Cm, lb 36" n, ..0 31 41 .4 11 14. 1111.1 .. _ ... ..... .... ... .... , Copper Art Workshop 24ft Drain Ul .4) I.,14....:" 144, z 32ft X lift 20 BBL ! . I 'BB_ iRIE 'MI 0 . N q I 0 CD 1 WC* g' I Roder Room I Z 1_ ,te.ftvl 55ft 0 Z • 1 < D 0 BARREL STOR Act RESTROOM I Boiler RESTROOM 2 9'X 20' 111111 *su°°"" .h.iik al ,,,,„ .,. Thomas Wilder Agenda Item 1 Page 6 Site Photos 3 ,' I1 '..7..r-'-.4" -_.. / .tom AIM 111 - .5,16tirisi .... vooloilik 3. 0 Thomas Wilder Agenda Item 1 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAMEt* Af 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 Cit Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• •eats _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • �_ 4 SECTION 1 / APPLICANT DISCLOSURE f OH S 13 Y ilst LfK,Y !� f�i:<r• or rn, r u;,ix t •v,u[ c .t r, ,r c Page 1 of 7 fa„tf C.Gunci)rotf4 110 t' '[ tt h� :d,iit, APflICAN1 NL)I If II f.)Of cit AHJ1J6 `G t HANC FS t S()1 t; t 2 0 I P111-f(1 St f-I 0T 01 Thomas Wilder Agenda Item 1 Page 8 Disclosure Statement 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:_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prope tvowner is different from Applicant. ❑ Check here if the PROPERTY OWNER IINOT 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 THEM complete the following. /� r, (A) List the Property Owner's name: i11^ _ Atr�' '�2C �� ^� _J4tAi-Dm/ iArl3eusZ2.lnt+- If an LLCyy,list the member's name s:_ll� J4z- L_C?AyNr'�' ti: __,C_ 1ftlN_lldtl_ C Page 2 of 7 Thomas Wilder Agenda Item 1 Page 9 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2.2.3101. • —4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject_of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Thomas Wilder Agenda Item 1 Page 10 Disclosure Statement ,..)11)B APPLICANT Virginia Beach PROVIDER(use additional sheets if YES j NO I SERVICE needed) P ❑ Accounting and/or preparer of { '(. ,� t your tax return ❑ IC71 Architect/ Landscape Architect/ +�•� Land Planner i Contract Purchaser(if other than ❑ 0 ! the Aonlicant)- identify purchaser T t and purchaser's service providers 0 Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 D Construction Contractors i, t.,3ft- ra.scit 1-.5 21 ❑ Engineers/Surveyors/Agents (y/ ( rfo,,,f-ttli^ex Financing(include current ❑ n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ qi Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the sub'ect •ro•ert __ _ ___ • 0 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 7 Thomas Wilder Agenda Item 1 Page 11 Disclosure Statement l�/ N. t�iLt N Awa nr�,,�, r1 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 I Application, APPLI91IJ'fe4'31GNA PRINT NAME DATE Page 5 of 7 Thomas Wilder Agenda Item 1 Page 12 Disclosure Statement ,0OWNER Virginia Beach I YES 1 NO' 1 SERVICE I PROVIDER,n �Bohai sheets 1f I J ❑ ® Accounting and/or preparer of your tax return 1 ' [J CR Architect/Landscape Architect/ Land Planner I Contract Purchaser(if other than ❑ ® the Aoolicant)-identify purchaser and purchaser's service providers ! Any other pending or proposed ❑ ® 1 purchaser of the subject property ' i (identify purchaser(s)and purchaser's service providers) 11 1 ❑ ® Construction Contractors — 0 ® Li Engineers/Surveyors/Agents IFinancing(include current ❑ " ' mortgage holders and lenders selected or being considered to provide financing for acquisition I or construction of the property) l i ❑ Legal Services Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the j sub'ect •ro••rt 4 a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ! Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development 1 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Thomas Wilder Agenda Item 1 Page 13 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, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meet'ng, or meeting of any p blit body or committee in connection with this A..li ation. ` 1 Juan NI Suarez 6!17/21116 PROPERTY OWNER SIG 'TORE PRINT NAME DATE Page 7 of 7 Thomas Wilder Agenda Item 1 Page 14 Disclosure Statement 0 11Ili OWNER via Beach YES NO SERVICE PROVIDER(use addittonil sheets If_i ❑ Accounting and/or preparer of ++'' your tax return ( (/H ly ❑ X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El 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) 0 Construction Contractors 1/AZaA lif 0 Engineers/Surveyors/Agents Pt 11 ;c i1Ce t9neei Financing(include current ❑ rtholders e Mortgage and lenders J selected or being considered to provide financing for acquisition or construction of the property) ❑ , Legal Services Real Estate Brokers/ ❑ pi, 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 6 of 7 Thomas Wilder Agenda Item 1 Page 15 Disclosure Statement an vuginia 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, •r meeting of any public body or committee in connection with this o'�v►►aissicwTu� PRINT E _6/2 7/i6 DATE Page 7 of 7 Thomas Wilder Agenda Item 1 Page 16 Disclosure Statement ,r OWNER Virginia Reach YES PROVIDER(use additional sheets it 1 NO SERVICE needed) ❑ I , Accounting taxing a n and/or preparer of your ❑ E Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ E the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ B I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ El 1 Engineers/surveyors/Agents I Financing(include current j 1 mortgage holders and lenders ❑ selected or being considered to I ' ' provide financing for acquisition 1 or construction of the property) # I ❑ 3 Legal Services i Real Estate Brokers/ ❑ n , Agents/Realtors for current and i anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO f Does an official or employee of the City of Virginia Beach have - an interest in the subject land or any proposed development i ❑ ,contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Thomas Wilder Agenda Item 1 Page 17 Disclosure Statement ( . ,. Virginia Beach CERTIFICATION: -- ' I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. .lication. II"OP 'TY OWNER'SSIGNATU PRINT NAME DATE, Page 7 of 7 Thomas Wilder Agenda Item 1 Page 18 Item #1 Thomas Wilder Conditional Use Permit 2505 Horse Pasture Road,Suite 102, 103, & 104 District 3 Rose Hall August 10, 2016 CONSENT An application of Thomas Wilder for a Conditional Use Permit (Craft Brewery)on property located at 2505 Horse Pasture Road,Suite 102, 103 & 104, District 3 Rose Hall. GPIN: 1495-85-7045-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 7. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for Open-Air Market is obtained. 8. The outdoor seating area shall not be enclosed by either a solid or chain-link fence. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 10. Prior to the removal or conversion of any required interior parking lot landscaping for the purpose of creating an outdoor seating area, a representative of the Craft Brewery shall submit a plan to the Item #1 Thomas Wilder Page 2 Development Services Center demonstrating interior planting requirements are met and shall obtain written approval from Development Services Center Landscape Architect. 11. A complete plumbing fixture count, by type, and the proposed additional process water demand shall be submitted to the Department of Public Utilities to ensure that the existing water meter is capable of meeting an increased peak water demand. 12. Auxiliary function retail sales in association with the brewery shall not exceed ten (10) percent of the gross building area of the space occupied by the brewery. 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 approve item 1 for consent. Neil McCanon appeared before the Commission on behalf of the applicant. n:T OFA iDEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA (p• <,it ( � 1750 TOMCAT BOULEVARD � ;ti, ! VIRGINIA BEACH,VIRGINIA 23460-2191 IN PEPL4 R,,LR 70: ',,`o `P/ �ri[5�5j 4535 Ser N4/255 30 Aug 16 Mr.Jimmy McNamara City Planner City of Virginia Beach,Department of Planning Municipal Center,Building 2 2405 Courthouse Drive Virginia Beach,VA 23456-9040 Dear Mr.McNamara: Subject: CONDITIONAL USE PERMIT REQUEST-YOUNG VETERAN'S BREWING COMPANY Thank you for attending the August 24,2016 meeting of the Virginia Beach/Naval Air Station(NAS) Oceana Joint Review Process(JRP)group,and for discussing the Conditional Use Permit(CUP)request by Young Veteran's Brewing Company(YVBC). I have below provided several comments that I would ask be included with the Planning Department's staff report to the City Council. BACKGROUND: As you know,YVBC's property located at 2505 Horse Pasture Road in Virginia Beach is encumbered by a restrictive use easement owned by the United States. This easement was acquired by the United States on June 14, 1983 from Linda T.and C.Roger Chappell for$900,000. In this transaction,the Chappells sold the United States the right to restrict the uses and activities that may take place on the property, in order to create a buffer between NAS Oceana's intensive air operations and the community. This property right is not affected by the requirements or processes of the Virginia Beach zoning ordinance. The Grant of Easement pertaining to this transaction was properly recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 2264 at page 53. I have enclosed a copy for your convenience. The restrictions at YVBC's property are severe,with the Grant of Easement listing specifically- prohibited activities. Before YVBC was established at Horse Pasture Road in 2013,my staff therefore worked with Mr.Thomas Wilder,one of the proprietors,to ensure that operating a craft brewery would comply with the terms of the restrictive use easement. On November 1,2012,Captain Robert Geis,NAS Oceana's Commanding Officer,sent a letter to Mr.Wilder which stated that brewing beer and limited retail sales of beer brewed on site were permitted uses at that location. In recent months,after noticing large crowds of people at the YVBC facility,my staff has been in communication with Mr.Wilder about some of the issues that are covered by their pending CUP application. COMMENTS: The following issues contained in YVBC's CUP application are affected by the restrictions imposed by the Grant of Easement: 1. Retail Sales Limitation: The Grant of Easement provides that"retail sales,except as an auxiliary function of enterprises and/or uses not prohibited herein,and in any event,the gross building area of any area open to the public and/or showrooms devoted to such permitted retail sales,if any,shall not exceed ten(10)percent of gross building area." The Planning Department staff report contains a diagram of YVBC's proposed facility that would be operated under the requested CUP. In it,the square footage of areas that are or appear to be"open to the public and/or showrooms devoted to...permitted retail sales" far exceed 10%of the 6000 square feet of YVBC's facility,or 600 square feet. These areas include Tasting Room(780 square feet),Copper Art Workshop(352 square feet)three restrooms(dimensions unknown),and Outdoor Seating Areas(dimensions unknown). Subject: CONDITIONAL USE PERMIT REQUEST-YOUNG VETERAN'S BREWING COMPANY 2. Non-Compliant Activities: The operation of food trucks in the parking lots of YVBC's facility is not permitted by the Grant of Easement. This remains true even if YVBC obtains a CUP for an Open-Air Market,as referenced in the Planning Department staff report. 3. Unevaluated Activities: The Planning Department staff report includes references to"live music" performances,and the inclusion of a"Copper Art Workshop" inside the YVBC facility. The nature and extent of these activities are not known, so it is not possible to state whether they comply with the restrictions contained in the Grant of Easement. However,because it appears that these activities would not be connected with the manufacturing of craft beer,they likely would be limited to the above- referenced 600 square feet open to the public. CONCLUSION: The CUP application clearly indicates that some of YVBC's desired business activities will violate the limitations of the United States-owned restrictive use easement,and that others may create a violation. My staff was already in the process of initiating a compliance review of YVBC's activities when you notified them of the CUP application. While,the U.S.Navy's easement compliance procedures are separate from Virginia Beach zoning and CUP processes,I nonetheless believe it is important that you and the Virginia Beach staff be made aware of our serious concern. That is,the CUP application is evidence that YVBC facility is morphing from an industrial brewery with limited permitted retail sales,to a bar/restaurant-type establishment that attracts large crowds of people to a location that is subject to frequent and low overflight by tactical jet aircraft. My points of contact for this matter are Mr.Paul Moomaw,NAVFAC M1DLANT Real Estate Contracting Officer and Mr.John Lauterbach,NAS Oceana Planning Liaison. Mr.Moomaw may be reached at(757)433-2678 or paul.moomawna,navy.mil;Mr.Lauterbach may be reached at (757)433-2577 or john.lauterbachl(ainavy.mil. Since ly, A 0 1 re it 4 ,..e c iit.G JR. Enclosure: Grant of Easement dated June 14, 1983 Copy to: Young Veteran's Brewing Company Virginia Beach City Manager Virginia Beach Economic Development COMNAVREG MIDLANT 117tu u1L 5-ipe • 21128 of(2264PG00534 k' sic ,04,621 -33-l:P-nosios GRANT OF EASEMENT THIS EASEMENT, made thisb/. day of 198 3 , by and between Linda T. Chappell (Also known as Linda Lee Taylor ,or Linda Lea Taylor), and C. Roger Chappell, her husband, hereinafter called OWNER, and the UNITED STATES OF AMERICA, acting by and through the Department of the Navy, hereinafter called,GOVERNMENT. WITNESSETH: WHEREAS, the OWNER owns in fee simple that certain hereinafter • described tract of land containing 219.469 acres, more or less, located in the City of Virginia Beach, State of Virginia, and situate in the ;: vicinity of the Naval Air Station, Oceana; and' WHEREAS, the GOVERNMENT desires to acquire perpetual easements ' and rights for clearance, restrictions and ingress and egress on, over : and across, said lands for the establishment, maintenance, operation and ii !fuse of a safety area and restricted use zone; and i WHEREAS, the OWNER and the GOVERNMENT entered into an agreement , identified as Contract No. N62470-83-RP-00181, dated ti: Pt a-j ( 1‘ g ^ , I whereby the OWNER agreed to sell and the GOVERNMENT agreed to purchase i+ for the consideration of NINE HUNDRED THOUSAND Dollars ($900,000.00), • J the hereinafter described easements and rights in, on, over and across • said lands; and WHEREAS, the OWNER and the GOVERNMENT now desire that said ., agreement shall be carried out by formalizing said conveyance; NOW, THEREFORE, FOR AND IN CONSIDERATION OF the premises and d the sum of NINE HUNDRED THOUSAND Dollars ($900,000.00), cash in hand Il' OWNER-does paid to OWNER, receipt of which is hereby acknowledged, the �• lig. hereby grant, bargain, sell and convey with general warranty of title !I unto the UNITED STATES OF AMERICA and its assigns, perpetual easements , and rights for clearance, restrictions and ingress and egress as described , 11 below for the establishment, maintenance, operation and use of a safety area and restricted use zone in connection with the operation of the Naval Air Station, Oceana in, on, over and across the lands of the OWNER, described hereinafter, to-wit: • • - '''1E'i o'Sh a (1) Bic 22b4PG0054' Er-39s/c /4,2i170 -RP-00405- All that certain piece or parcel of land situate in the Princess • Anne Borough of the City of Virginia Beach, Virginia containing 219.469 • acres, more or less, and being more particularly described as follows: BEGINNING at a point marked by an old pin in the southerly right-of-way of London Bridge Road (Route 632), the intersection of lands owned by Linda T. Chappell and Lillian E. Brown, said point having coordinates N174,616.63,E2,716,255.25 based upon • the Virginia State Plane Coordinate System, South Zone; thence leaving said point and running along the dividing line of lands owned by Linda T. Chappell and Lillian E. Brown S 09° 07' 44" W, 1,406.76 feet to a point marked by a 30 inch pine, the intersec- tion of lands owned by Linda T. Chappell and Lillian E. Brown and Lake Placid Section Eleven; thence running along the dividing line of lands owned by Linda T. Chappell and Lake Placid Sections Eleven, Ten, One and Two S 08° 45' 23" W, 1,704.95 feet to a point marked by a 30 inch dead pine, the intersection of lands owned by Linda T. Chappell and Lake Placid Section Two; thence running along the dividing line of lands owned by Linda T. Chap- pell and Lake Placid Sections Two and Thirteen S 03° 44' 12" E. 1,052.14 feet to a point marked by a 48 inch gum tree, the inter- section of lands owned by Linda T. Chappell and Lake Placid Section Thirteen; thence running along the dividing line of lands. owned by Linda T. Chappell and Lake Placid Sections Thirteen and Fourteen A S 54° 45' 47" W, 312.30 feet to a point marked by a • steel pin, the dividing line of lands owned by Linda T. Chappell and Lake Placid Section Fourteen A; thence running along. said dividing line N 63° 35' 13" W, 531.57 feet to a point marked by a steel pin, the intersection of lands owned by Linda T. Chappell and Lake Placid Section Fourteen A and now or formerly Fillmore and Laura V. Reid and now or formerly Fillmore Reid; thence running along the dividing line of lands owned by Linda T. Chappell • and now or formerly Fillmore Reid N 48° 30' 13" W, 297.00 feet to• a point marked by a steel pin, the intersection of lands owned by Linda T. Chappell and now or formerly Fillmore Reid; thence running along the dividing line of lands owned by Linda T. Chappell and now or formerly Fillmore Reid and now or formerly Earl Wilson N 65° 33' 13" W, 274.60 feet to a point, the dividing line of lands owned by Linda T. Chappell and now or formerly Earl Wilson; thence running along said dividing line N 63° 12' 13" W, 21.27 feet to a point, the intersection of lands owned by Linda T. Chappell and now or formerly Earl Wilson, said point being the centerline of a 100 foot drainage easement; thence running along the dividing line of lands owned by Linda T. Chappell and now or formerly Earl Wilson and now or formerly John Fentress Est. on said centerline of a 100 foot drainage easement N 32° 45' 21" W, 314.61 feet to a point • on said centerline, the intersection of lands owned by Linda T. Chappell and now or formerly John Fentress Est.; thence running • along the dividing line of lands owned -by Linda T. Chappell and • now or formerly John Fentress Est. and now or formerly George B. McCoy and now or formerly George B. Wilson on said centerline of a 100 foot drainage easement N 36° 47' 45" W. 273.23 feet to a point on said centerline, the dividing line of lands owned by Linda T. Chappell and now or formerly George B. Wilson; thence • running along said dividing line on said centerline of a 100 foot drainage easement the following five courses and distances: N 21° 13' 48" W, 353.33 feet to a:point; thence N 29° 16' 41" W, 468.72 feet to a point; thence N 39° 42' 55" W. 589.77 feet to a point; thence N 54° 49' 09" W, 173.28 feet to a point; thence N 55° 02' 48" W, 1,107:67 feet to a point, the intersection of lands owned by Linda T. Chappell and now or formerly George B. Wilson and the Eastern Limits of Restrictive Easement P-997; 2 • -, ' l Bf(226.4PG0U„5i E,r-3yVe. ,16x 7,,0-2Ung/0oyaS; thence running along the Eastern Limits of Restrictive Easement i P-997 N 32° 38' 19" E, 2,317.39 feet to a point marked by a steel A pin; thence S 79° 47' 43° E, 2,226.03 feet to the POINT OF BEGINNING containing 219.469 acres, more or less, shown on , Atlantic Division, Naval Facilities Engineering Command, Drawing No. 4,063,863, approved November 28, 1980 entitled "BOUNDARY LINE SURVEY OF LINDA T. CHAPPELL; LILLIAN E. BROWN; MILTON DUDLEY AND MARY DUDLEY; JOSEPH T. DUDLEY AND THELMA R. DUDLEY, PROPERTIES 1 i. FOR AREA 3, P-995, RESTRICTIVE EASEMENT FY-82 NAVAL AIR STATION, i OCEANA, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," and attached hereto and made a part hereof as Exhibit "A". ! The above-described property was acquired by the OWNER by deed recorded in the Clerk's Office of the Circuit Court of the City of • Virginia Beach, Virginia, in Deed Book 1361, page 115. , The above-described property rights are acquired on behalf of the UNITED STATES OF AMERICA, acting by and through the Department of ' the Navy. _ The perpetual easements and rights for clearance, restrictions and ingress and egress are described as follows: • d 1. A perpetual clearance easement which restricts and prohibits the OWNER from erecting, constructing, growing, installing, creating, permitting, or continuing, whether public or private, any structure, :: building, antenna, tower, wire, tree 'or other obstruction, whatever its p nature, extending more than 170 feet above mean sea level, together with 0 the right of the GOVERNMENT to enter upon the property and at its own ' cost and expense to cut down, top or trim all trees, plants, vines, and '•' like obstructions, not in conformance with this easement and at the OWNER's cost and expense and free from an consequential damages to alter lor remove all structure, buildings, antennas, towers, or other non- ., vegetative obstructions,. whatever their nature, extending more than 170 ii feet above mean sea level, which shall be erected, constructed or installed ' lion the property from and after the date of this instrument. 2. A perpetual restrictive easement over the property which '; restricts the use thereof as follows so that the property shall not be h used for any of the following uses or structures: I; • (� a. Any type of residential dwelling, including, but not !i limited to, one-family or multi-family attached, semi-detached or detached i1 dwelling(s); apartment house(s), condominium(s); Cooperative apartment(s); town house(s); garage apartment(s); guest house(s); mobile home(s); 'j mobile home park(s); hotels; motels; excepting, however, the three :I dwellings which exist and are so used on the date of this instrument. I! No additional dwellings shall be constructed or placed on the property 11 after the date of this instrument; provided, however', that any or all of the three single-family dwellings which exist on the date of this instrument h may be remodeled or replaced with another single-family dwelling and may 1; be enlarged in size. II I b. Day care centers, child education centers or day nurseries; c. Public or private kindergartens, elementary, intermediate i' or high schools, colleges or universities, business colleges, vocational, 'I technical, industrial or trade schools, except that nothing herein shall prevent on-the;-job training education programs; ' d. Churches, monasteries, convents, funeral homes, ii chapels or similar uses or structures; f e. Recreational campgrounds, auditoriums, assembly halls or sports arenas, par three golf courses or miniature golf courses I' (except that meeting rooms which are incidental to, or a part of, a � permitted structure shall be allowed and'premises in which, or land on which, horses are kept for boarding, riding, grazing, hunting, breeding, 1 raising, sale, exhibiting, horse shows (maximum of three/per year to be times 11 uy., 1 i3K22b4PGbt.ib' ��•s�sc s NG wT9 - -RP-0o/o5 or two timeser year without weekend restriction) held on weekends, field and similar trials; provided however, that nothing contained herein shall be construed so as to permit horse races; f. Fraternity or sorority houses, student dormitories or student centers, lodges for fraternal organizations, private clubs; • g. Airports, heliports or helistops; h. Drive-in theaters; indoor recreational or amusement facilities, including, but not limited to, movie houses, theaters; athletic clubs; i. Group homes, including, but not limited to, family care homes, foster homes, homes for the aged, disabled or handicapped, including convalescent or nursing homes, maternity homes; j. Hospitals or sanitariums; k. Manufacturing, storage, handling or distribution of explosives, petrochemicals or petroleum and related products, including, but not limited to, petroleum bulk storage facilities, except that nothing herein shall prohibit the storage and handling of petrochemicals, petroleum and related products incidental to the uses not prohibited herein; 1. Nurses' homes or similar housing for institutional employees; m. Spectator sports, except to the limited extent allowed in paragraph 2.m; n. Shopping centers, including, but not limited to neighborhood shopping centers, community shopping centers, and regional it shopping centers; o. Offices or office buildings, except those maintained !: in connection with uses not prohibited herein; p. Retail sales, except as an auxiliary function of . II enterprises and/or uses not prohibited herein and, in any event, the ▪ gross building area of any area open to the public and/or showrooms devoted to such permitted retail sales, if any, shall not exceed ten 'I C10) percent of gross building area; j q. The keeping or raising of mink; II 3. A perpetual easement for ingress and egress at reasonable times and plates for the purpose of exercising the rights set forth. herein; reserving, however, to the owners, their heirs and assigns, any and all rights and privileges as may be used and enjoyed without interfering ff with or abridging the rights herein acquired; SUBJECT, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. lj 4. All uses and structures not prohibited herein above are 'f permitted, including but not limited to the following: a. Fish hatcheries, fish ponds, forest or forestry and game preserves; b. Public utility installations, stations, storage, offices or substations; c. Watersheds, wells, water reservoirs or water control structures; ij d. All agricultural or horticultural uses, including, d without limitation, orchards, vineyards, nurseries, the. keeping of bees ' or the raising or grazing of livestock or swine, barns and stables and storage equipment sheds, except as prohibited in paragraph 2.q. herein; El 1 30•nr/t...e ; 4 uia +eti'•-v • i I • • BK22b4PG. 0051• Ez-3,s/c 'N6a470-83-•PP-001/65 e. Cemeteries; • f: Golf courses, excluding, without limitation, par three golf courses or miniature golf courses; g. Marinas, including facilities for sale, storage or repair of boats or sale of boating supplies or fuel; h. Offices or office buildings maintained in connection with the uses not prohibited herein; i. Furniture repair or upholstering, repair services for radio, television or household appliances; service or repair services for business machines; carpet or linoleum establishments; tile setting, sign shops or other small service businesses; j. Veterinary establishments, animal hospitals, pounds, shelters, commercial kennels; k. Health spas; 1. Commercial parking lots, parking garages or storage garages; • m. Laboratories or establishments for the production or repair of eyeglasses, hearing aids or prosthetic devices; n. Wholesaling, warehousing, bulk storage yards or distributing operations, including, without limitation, the delivery of merchandise by truck, van, ship or railroad, or any combination thereof, except as prohibited herein; o. Automotive repair/service stations; p. Mobile home sales; q. Outdoor advertising structures, billboards, sign boards or poster panels; • r. Manufacturing, processing, assembling, extracting, packaging or fabricating establishments, plants, factories and related facilities, except as prohibited herein; s. Establishments such as linen suppliers, freight "movers or canteen services; t. Heavy equipment sales or services; u. Lodging units for occupancy by guards or caretakers; . , booths as •shelters for guards on duty; v. Terminals for freight arriving and departing by truck, van, ship or railroad, or any combination thereof, except as prohibited herein; w. Storage and processing of salvage or junk; collection depots of material to be recycled, except as prohibited by subparagraph ,: 2.k. of prohibited uses hereof; x. Line of sight relay devices; y. Research, development or testing operations and facilities; z. Nonspectator sports. • I • 5 • t BK22bhIPG0058 • ti'6a417o-83•RP-00 • y�Os The OWNER covenants that they are seized of said property in fee simple; that they have theright to convey the above-described easements to the GOVERNMENT; that they have done no act to encumber said property; that the GOVERNMENT will have quiet and peaceful possession and enjoyment of the above-described easement rights; and that the OWNER will execute such further assurances as may be requisite. IN WITNESS WHEREOF, the OWNER has caused this GRANT OF EASEMENT to be executed as of the day and year first above written. LINDA T. CHAPP•E L • ROGE• H'PP LL 1 ;i • 6 1 . . /~� , r��. `' , \ BK 2b / � . . E ��/c | �� . 46.247o '81/'HPu0Yos- STATE OF VIRGINIA ) To-wit '. CITY Vr7,41y.,:,.....-,6A'-a-,--'4- } | I, h. , a Notary Public for the State at Large, do hereby certify that Linda T. Chappell and C. Roger Chappell, her husband, respectively, whose names as such are signed the -z� ..tn the foregoing Grant of Easement, bearing date of /�� day of `a64.4~4' ^ 198 3, have this day acknowledged the same before me in - the City and State aforesaid. � Given under my hand this /,' day of {-!(4.~^e_' , 198 3' ' . , , i' �� -"' -. � ^ ,6-^�-c6^� Notary Public' ).:/'x-`',`,1"-' ?;‘,,01.)117.)>- � .1*?12,'' f My commission expires: Q—"* -4l 1 . '+, /� . ' -""v�^�s � ` � . ��` � ^ ' ^ ., ^ . . . "f . As Cade bar��r°�^`The ^v° ��°_^��*�= ma�eAx�unomur^u� . �r � , uu / ' '~ !� . ^ • :. ) i==== ' . . | � . • . / : ' . �` . � • • ` | . .. ' �' . - ' � 7 �h�Ciu7�' . . , � i 1 ,- -----_._- / -144041100r CM I 10 < . . I (.9/' itt 441141114444, 7 ... • „ , / . . / 611:., . 1 ••.:1,..„. ".N..„ -. '''-•_, , '-, : ,. .., fIc 0 , , 't•I CNI .... \\ 1 \/ \ 1 , \,\.\\\,:i I \ , I , \ 1 t.k \\ / 1 .. • . 1 .411"•,\\ 004‘ . .. 1 • 1 . \ k A \\k\\ 1 . te**), o , '..t... , . . NINIF ' .\ 41 \ 1 . \ , .2 ,.:-•\\\,,, 11 '‘e Allos ' .a),. . \ \\\\\ AN / ----,.. .,„. -.... (,..........1 ---4„. . _ .„ ., ., ., , ,,. , ., • .. , . , , ,-,...... \ '\V ' ..,. ,\\ N 4". :s\.\\\N\ . \\ss-\ ,i 1,,,,,.,,, / ....., „... .. .‘ _.1 ,:- . \. 0 ' -,,,...-..,... .- / ...., , .._ ......, . _. ,,-,/ . .._ i ., ... _. • --_,.. it , ,,,__ , ,,,,, , . . / 1,_ , '''. * ' , :' - - II ' '1 14 -''' — \ .\ ' ' . : . ' N\%14I.'\'\:\\'s\\• • i . 411. # ! 47 ' lb 40# :• n I \ 8&\\:\ # . ,., i , in I ' ‘• .• + - ' up \\\\k,\.„,, ,,k , < \ 1 • , • 0 , '',„,,,,_„ ,,,„,,,, ,.„-\\ \ k crG^ '�AB�icy. 1 ..._ -... ti. ,... .._.....:„, ..cf ..::. ,,:;,, CITY OF VIRGINIA BEACH _- AGENDA ITEM ITEM: JENNIFER HARRIS [Applicant] WAHOO LAND, LLC [Property Owner] Conditional Use Permit(Specialty Shop), 2397 Liberty Way, Suite 101. (GPIN 1494916867). COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: September 6, 2016 • Background: The applicant proposes to operate a 1,600 square foot Specialty Shop within an existing building located within the Historic Princess Anne Center and the Princess Anne Commons. The small business specializes in custom finishes on furniture and repurposing old pieces of furniture. A Conditional Use Permit is required for a Specialty Shop within the B-1 Neighborhood Business District. • Considerations: The proposed use is compatible with the historic nature of the property and consistent with the land use recommendations of the Comprehensive Plan. No exterior alterations are proposed to the building or to the site layout. There is ample parking on the site for both employees and customers. • 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. • 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 Departureille312-----"" City Manager: 7714L, Applicant Jennifer G. Harris Agenda Item Property Owner Wahoo Land, LLC I Public Hearing August 10, 2016 City(,/ City Council Election District Princess Anne 7 Virginia Beach Request 4,'Awa Conditional Use Permit (Specialty Shop) M�,� 04't,`' qac I o' 6 o g. F , Staff Planner ``+,,• Emily Bazemore/Carolyn A.K. Smith %. ��d /% .,moo 65.70 dB DNL Location r%,. 2397 Liberty Way,Suite 101 -.4% I `, GPIN 4,-N. •` 1494916867 Site Size V06,4'.4 1,600 square-foot unit se" t It. AICUZ t, / I \ 65-70 dB DNL; Sub-Area 2 t.., Existing Land Use and Zoning District ( , . tOffice, restaurant, indoor recreation/ B-1 .4 1, a Neighborhood Business �, or ' � �A '- Surrounding Land Uses and Zoning Districts 0� �-f` "7j f '' - North (% . Liberty Way '°�" .4, �t'' Office/ B-1 Neighborhood Business l'i` O ' "L South Office, restaurant/ B-1 Neighborhood Business .- _ uc East Office/ B-1 Neighborhood Business West - North Landing Road Office/ B-1 Neighborhood Business {' Jennifer G. Harris Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant proposes to operate a 1,600 square foot Specialty Shop within an existing building located within the Historic Princess Anne Center and the Princess Anne Commons. A Conditional Use Permit is required for a Specialty Shop within the B-1 Neighborhood Business District. • The applicant owns and operates Cottage LunaSea, LLC, a small business that specializes in custom finishes on furniture and repurposing old pieces of furniture. Cottage LunaSea, LLC also sells home decor such as pillows and lamps. • The proposed hours of operation are 9:00 a.m. to 6:00 p.m., Monday through Friday, and from 10:00 a.m.to 2:00 p.m. on Saturdays. Monthly workshops are proposed for instruction of various finishing techniques. • No exterior alterations are proposed to the building, and the applicant plans on using the existing sign above the entry. -2' / 0 2 4213r 1 f' A -2 ' Zoning History # Request r , oj`' 1 CRZ(AG-2 to Conditional B-1)Approved 01/28/1992 6 40 dB DNL 4 44 02 6.1 2 CRZ(B-1, B-2,and AG-2 to Conditional B-2; B-2 to „,,r1;e, Conditional AG-2)Approved 12/09/2003 3 REZ(AG-2 to 0-1)Approved 10/21/1985 0-2 � 4 CUP(Two Communication Towers)Approved AG-2 p-2 AG-1 07/09/1996 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 City of Virginia Beach's Comprehensive Plan identifies this property as within the Historic Princess Anne Center and the Princess Anne Commons. The Plan's recommendations for this area address the environmental and architectural character in the vicinity and recommends that buildings along the streets be low-rise, with a mix of uses. Natural and Cultural Resources Impacts The property is located within the Southern Rivers Watershed. Portions of the property are within AE flood zone; however, no land disturbance is proposed with this request. As the site is already developed,there do not appear to any significant natural or cultural features associated with the site. Jennifer G. Harris Agenda Item 7 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 15,000 ADT 1(LOS 4"D") Existing Land Use Z—7 ADT North Landing Road No Data Available 16,200 ADT 1(LOS°"E") Proposed Land Use No Change Anticipated 'Average Daily Trips 2 as defined by a 1,600 3 as defined by 1,600 square foot 4 LOS=Level of Service general office use specialty retail shop Public Utility Impacts Water & Sewer This property is already connected to City water and sewer. Evaluation & Recommendations The property is zoned B-1 Neighborhood Business District, and as such, a Conditional Use Permit for a Specialty Shop is required.The proposed use is compatible with the historic nature of the property and consistent with the land use recommendations of the Comprehensive Plan. No adverse impact on adjacent properties is anticipated, ample parking is available, and no additional traffic is expected. Based on this,Staff recommends approval. 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. Jennifer G. Harris Agenda Item 7 Page 3 Proposed Site Layout / .),:, or / , 1 , „ ..N.,..., ?),„. N. r 4Pr% Proposed Specialty Shop , lip Jennifer G. Harris Agenda Item 7 Page 4 Site Photos :•,---, ,-..‘,,,4. lir -:.,.......*"kc, v F9k Vi ,e.. , ., : Il . •L:R III #' ..x t - r� , •,51 ~tom F . �� '! moi( . It ' E c ..,.._ /'!� , '-■ t. ( _-46"""" 5. ^i ir'' �I L iL $ �� '.'f yII Jennifer G. Harris Agenda Item 7 Page 5 Disclosure Statement I _ v • APPLICANT'S NAME LTenn,Ct_r G. liCL(C;5 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board ditional 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. 4 • SECTION 1 / APPLICANT DISCLOSURE OR CITY USE ONLY r Al do Obsures mint be updr rr,+twc(i;wcckb Ericary r i r c t rr rrnss.or a,d Li!y CCOrq)1 mcLNr:c,tor pertoir:_it,tFC opppcat uc;s; Page 1 of 7 0 APPLICANT NOTIFIEC OF HEAR INC E M1C C F'ANC r :.� n( �r Jennifer G. Harris Agenda Item 7 Page 6 Disclosure Statement 13 s: •.:4••#:4-,ate *" dr r _ .._... Ti Check here if the APPLICANT IS NOT a corporation, pa fii`t p, arm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or 11l other unincorporated organization. ( Jennifer G. Harris is (A) List the Applicant's name:___;1 k i�^']' - '` '5 the sole member of If an LLC, list all member's names: axe, 1 LC.0 Cottage LunaSea, LLC Qr^1� L t.tir't1L 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 s 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If nronerty owner is different from Aanlicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. EA Check here if the PROPERTY OWNER IS a corporation,partnership, firm, business,or other unincorporated organization,AND THEN,complete the following. rr� � (A) List the Property Owner's name:__5.�1,b..L'1Ur1_�.a�c�___ cL___ If an t I C, list the member's names: O (ii1o o1k 5 0 (2tk IX�Mt 1 iI sp d i Page Jennifer G. Harris Agenda Item 7 Page 7 Disclosure Statement .' ,. Virginia Bahh If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratinq 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 Jennifer G. Harris Agenda Item 7 Page 8 Disclosure Statement APPLICANT ..:,,. YES NO 1 SERVICE PROVIDER(Use.addittdn i sheets if needed) EIT( Accounting and/or preparer of your tax return 1-1 (�' Architect/Landscape Architect/ I L� 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 I I a Engineers/Surveyors/Agents Financing(include current ❑ . mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / • E1 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 4 of 7 Jennifer G. Harris Agenda Item 7 Page 9 Disclosure Statement i A,.., W.. 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. 1 2A- APPLICANTS ileNATURE PRINT NAME DATE Page 5 of 7 Jennifer G. Harris Agenda Item 7 Page 10 Disclosure Statement ,...,..w...,.�.......... �.,.. •a,. `'tt t ' ..k+1;20 '� i .-X, a.,ss `ik 4 ko-Y x hEt OWNER 4 'YES NO SERVICE PROVIDER Qisejtldktonat sheets if needed nAccounting and/or preparer of re+ l SSS ✓c_l,L,.h C... your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 0 Etthe Aoolicant)-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) JConstruction Contractors nis Engineers/Surveyors/Agents Financing(include current ® n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services 1,Ji\\cpm.t 5O\l.,7— Real Estate Brokers/ ® Li Agents/Realtors for current and Pi vat;a / ,,,{ EJ anticipated future sales of the subject property ♦ s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE 1YES 1 NO Does an official or employee of the City of Virginia Beach have r�/J 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 Jennifer G. Harris Agenda Item 7 Page 11 Disclosure Statement f 'Vhsinui Beach CERTIFICATIQN: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. tAJ EJ l c.........4c.........4 ,0. ( Cl IS, �> 'ao� (?4,-,„I-0 J PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Jennifer G. Harris Agenda Item 7 Page 12 Item#7 Jennifer G. Harris Conditional Use Permit 2397 Liberty Way,Suite 101 District 7 Princess Anne August 10, 2016 CONSENT An application of Jennifer G. Harris for a Conditional Use Permit(Specialty Shop) on property located at 2397 Liberty Way,Suite 101, District 7, Princess Anne. GPIN: 1494-91-6867-0000. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 7. 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 7 for consent. The applicant Jennifer Harris appeared before the Commission. K. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA—AT RISK) DOMESTIC VIOLENCE FATALITY REVIEW TEAM HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE ONLINE HOME SHARING ECONOMY AD HOC COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 ****************************** 9/6/1 6/tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:08/16/2016 PAGE: 1 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS H L W O Y LN A O O O R S 0 R EEENSNM I 00 T R Y S E S DS NND IN CITY COUNCIL'S BRIEFINGS A. 1-264 CORRIDOR STUDY Eric Stringfield, VDOT B. 1-264/1-64 INTERCHANGE/ Salvija Hofheimer, GREENWICH FLY OVER Professional Engineer, VDOT Phil Pullen,Public Works Il. CITY MANAGER'S BRIEFING A. LAKE GASTON Thomas Leahy, Deputy City Manager Robert S.Montague Jr., Director,Public Utilities IIVIV/V/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI.A-E SESSION VI.F MINUTES APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y August 2,2016 B S T A N E D VI.H MAYOR'S PRESENTATIONS 1.PRESENTATION OF KING James K.Spore and NEPTUNE XLIII Court David C.Burton,Chair Neptune Festival 2.RESOLUTION Priscilla Beede,Founder Green Run Little League Scott Freeman,Coach 3. UNITED WAY PRESENTATION Kurt Hofelich,2016 Campaign Chair, United Way VI.I PUBLIC HEARINGS 1. CHANGE the Creeds Precinct 1 Speaker Polling Site to 691 Princess Anne Road within Oak Grove Baptist Church and CHANGE the boundary line between the Red Wing and Oceana Precincts 2. Utility Easement Sale of City 0 Speakers Property at the Lake Gaston Pipeline 3. Excess City Property at 2908 North 0 Speakers Lynnhaven Road CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:08/16/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM ft SUBJECT MOTION VOTE N E J MSU I P DN OK MM S H L W O Y LN AOOOR S 0 R EEENSNM I 0 0 T R Y S E SDSNND VI.J.I Ordinance to ADD Section 35-169 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the City Code re Transient Occupancy Taxes VI.J.2 Ordinance to: a.AMEND City Code Section 10-1 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y re Polling Site for Creeds Precinct at Oak Grove b.CHANGE the boundary line between the Red Wing/Oceana Precincts VI.J.3 Ordinance to AMEND Section 2-459 of City Code re Human Rights ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commission CONSENT VI.J.4 Resolution to CHANGE the name/ membership of Open Space ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Advisory Committee CONSENT VI.J.5 Resolution to ESTABLISH an Online Home Sharing Economy Ad Hoc ALTERNATE 10-1 Y Y N Y Y Y Y Y Y Y Y Committee VERSION ADOPTED, BY CONSENT VI.J.6 Ordinance to AUTHORIZE a Utility Easement over a portion of the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City's Lake Gaston Pipeline to CONSENT Greensville County Water/Sewer Authority/DECLARING such to be in EXCESS VI.J.7 Ordinance DECLARING/EXCESS City Property at 2908 North ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Lynnhaven Road/AUTHORIZING CONSENT the City Manager to execute all disposition/exchange documents with Lynnhaven Shopping Center, LLC VI.J.8 Ordinance to AUTHORIZE a temporary encroachment into a ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y portion of City Property known as CONDITIONED,BY Sand Broad Inlet,at 2805 Wood CONSENT Duck Drive DISTRICT 7—PRINCESS ANNE VI.J.9 Ordinances to ACCEPT and APPROPRIATE: a. Additional FY 2017 Grant ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Funds for the Community CONSENT Corrections/Pretrial Programs b. Fund Balance of the Police ADOPTED 11-0 YY Y Y Y Y Y Y Y Y Y Federal/State Seized Assets Fund for Police equipment/ vehicles/construction VI.K.1 TRADITIONAL CONCEPTS,LLC /VICTORY BAPTIST CHURCH DEFERRED 10—0 Y Y Y Y Y Y Y A Y Y Y OF VIRGINIA BEACH,INC. INDEFINITELY,BY B Modification of Conditions to a CONSENT S CUP re religious use/Conditional A COZ from R-15 to Conditional R-10 at 4125 Indian River Road,re N single-family dwellings DISTRICT 7- E PR1NCFCC ANNF n CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:08/16/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS II LW O Y LN A O O O R S 0 R EE EN S NM I 00 T R Y S E S DSNND VI.K.2 ALDI(N.C.)LLC/THREE FIVE MINISTRIES,INC.Conditional DEFERRED 9-0 Y Y Y A Y Y Y A Y Y Y COZ from R-15 to Conditional B-2 INDEFINITELY,BY B B at 929 First Colonial Road re CONSENT S S T T redevelopment to a grocery store A A DISTRICT 5—LYNNHAVEN 1 N N E E D D VLK.3 DIRECT INDEPENDENCE Conditional COZ from 0-2 to DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y Conditional B-2 at 449/457/465 SEPTEMBER 6,2016, Independence Blvd re a commercial BY CONSENT T building DISTRICT 2- A KEMPSVILLE N E D VI.K.4 MMR ASSOCIATES,LLC Conditional COZ from AG-2 to APPROVED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional B-2 at 596 Princess PROFFERED,BY Anne Road re storage DISTRICT 7- CONSENT PRINCESS ANNE VI.K.5 TISHIA HARRISON,ROYALTY SALON/BAXTER ROAD,LLC APPROVED,AS 10—0 Y Y Y Y Y Y Y A Y Y Y CUP re a Hair Care Center at 4867 CONDITIONED,BY B Baxter Road,Suite 103 DISTRICT 2— CONSENT S KEMPSVILLE A N E D VI.K.6 CHERYL MCINTOSH/ CHRISTIAN CHURCH UNITING APPROVED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re a Child Care Education Center CONDITIONED,BY within a religious use(church)at 6049 CONSENT Indian River Road DISTRICT 1— CENTERVILLE VI.K.7 VIRGINIA GENTLEMEN FOUNDATION,INC.and CITY APPROVED,AS 10-0 A Y Y Y Y Y Y Y Y Y Y for a CUP re Forestry at 1181 CONDITIONED/ B Prosperity Road DISTRICT 6— REVISED S BEACH A N E D VI.K.8 DIVARIS CORNER,LLC CUP re public or private colleges and APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y universities at West Retail Unit B, CONDITIONED,BY 4636 Columbus Street DISTRICT 4— CONSENT BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:08/16/2016 PAGE: 4 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O Y L N A O O O R S 0 R E E EN SNM 1 00 T R Y S E SDSNND VI.K.9 CITY: a.Ordinance to ADOPT the 2016 Outdoors Plan as a component of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the Comprehensive Plan—It's Our Future: A Choice City. b.Ordinance to AMEND Sections ADOPTED 11-0 YY Y Y Y Y Y Y Y Y Y 1601/1603/1605 of Coastal Primary Sand Dune Zoning Ordinance re to a defmition of a Sand Management Permit/the fee/the placement of signs for such permit VI.L APPOINTMENTS RESCHEDULED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y AGRICULTURAL ADVISORY CONSENSUS COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM—CSA AT RISK DOMESTIC VIOLENCE FATALITY REVIEW TEAM HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC VI.L APPOINTMENTS(continued) Appointed(No Term): 11-0 Y Y Y' Y Y Y Y Y Y Y Y ONLINE HOME SHARING John W."Jack"Drescher, ECONOMY AD HOC COMMITTEE Chair Sandi Granger, District 1—Centerville Larry E.Stampe, District 2—Kempsville Heidi Daniels, District 3—Rose Hall Bruce A.Johnson, District 4—Bayside Tim Solanic, District 5—Lynnhaven Michael Kelly, District 6—Beach William P.Brown District 7—Princess Anne Robert N.Taylor, At Large Edward C.Denton, Representing,Virginia Beach Hotel Association Betsy Atkinson, Representing Hampton Roads Realtors Association VI.M/N/O ADJOURNMENT 6:55 PM