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OCTOBER 18, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,GAN ,4Egc� MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large > �' ROBERT M.DYER,Centerville-District I V / `r 5 BARBARA M.HENLEY,Princess Anne District 7 , SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 °, ws°t JOHN E.UHRIN,Beach District 6 °°" ""'° 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 18 October 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 4:00 PM A. Audit: Department of Human Services Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. Bio-Medical Initiative Plan and Policy Update Warren Harris, Director—Economic Development B. Southeastern Parkway Update Phil D. Pullen, Public Works C. Post-Hurricane "Matthew" Resiliency Update David L. Hansen, City Manager D. FY 2016 Unaudited Financial Results Patti Phillips, Director- Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Greg Ott Chalice Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 4, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Friends of the Virginia Beach Public Library Week Jill Burr, President 2. PROCLAMATION—Extra Mile Day James E. Parke, Director—Office of Volunteer Resources 3. RECOGNITION—2017 Sister Cities Association of Virginia Beach (SCAVB) Youth Ambassador I. PUBLIC HEARINGS 1. Metro Fiber Networks, Inc. Nonexclusive Franchise re Telecommunications Services 2. City of Virginia Beach Application for FY 2017-18 VDOT Transportation Alternatives Set-Aside Program re Community Improvements J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City's FY 2016-17 Appropriation Ordinance and Operating Budget to provide State-supported Constitutional Officers and their employees a one percent (1%) Merit Pay increase despite the lack of funding by the State; and, AFFIRM the original allocation of funds to the Schools 2. Resolution to CONFIRM ADDING the requested Human Rights and Racial Profiling item to the Virginia Beach 2017 Legislative Agenda 3. Ordinance to GRANT a Nonexclusive Franchise to install/maintain/operate telecommunications in the City's public streets and rights-of-way to Metro Fiber Networks, Inc. 4. Resolutions to SUPPORT the City's applications to the Virginia Department of Transportation (VDOT) for funding grants: a. FY 2017-18 Transportation Alternatives Set-Aside Program re pedestrian, bicycle facilities and community improvements b. FY 2017-18 Revenue Sharing Program re Capital Improvements Projects for Shore Drive Corridor, Princess Anne Road, Nimmo Parkway and Sandbridge Road c. FY 2022-23 SMART SCALE Program re improvement projects for Laskin Road, Cleveland Street and Indian River Road 5. Resolution to ESTABLISH Miracle Medical Transport d/b/a Mid-Atlantic Regional Ambulance and AUTHORIZE an annual EMS Permit re private ambulance services 6. Resolution to REQUEST that the Virginia Department of Environmental Quality require Omega Protein, Inc. to test discharged slurry to protect public health 7. Ordinance to AUTHORIZE the Virginia Aquarium & Marine Science Center Foundation, Inc. to grant naming rights to the Marine Animal Conservation Center as the "Darden Marine Animal Conservation Center" 8. Ordinance to AUTHORIZE a temporary encroachment to Marshall H. Groom, Jr. and Jennifer Regan Hoover into a portion of City property known as Black Duck Inlet for a bulkhead at the rear of 305 Back Bay Crescent DISTRICT 7—PRINCESS ANNE 9. Ordinances to: a. TRANSFER $10,000 from the General Fund Reserve for Contingencies to the FY 2016- 17 Operating Budget for the Virginia Beach Council of Civic Organizations' Annual Neighborhood Conference b. ACCEPT / APPROPRIATE from the Virginia Department of Health, Office of Emergency Medical Services Four-for-Life to the FY 2016-17 Operating Budget of Emergency Medical Services re the purchase of rescue equipment and medical supplies: i. $20,042 Return to Localities Program ii. $17,597 Training Program c. ACCEPT / APPROPRIATE a Clean Vessel Act Grant of $40,000 from the Virginia Department of Health to Stormwater Quality Enhancements II K. PLANNING 1. ALEXIS DEVELOPMENT, LLC / WILLIAM K. and ANNE WRIGHT for a Subdivision Variance re single family dwellings at 221 76th Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: DEFERRAL PLANNING COMMISSION RECOMMENDATION: APPROVAL 2. BRYON HARRINGTON, SR. /JOSEPH HARRINGTON, JR., KIRK HARRINGTON, SR., BARBARA CASON, LORETTA HARRINGTON and AVIS BLUE for a Change of Zoning from AG-2 Agricultural District to R-20 Residential District re single family dwellings at 2597 Leroy Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. ZOBSTER AUTOMOTIVE, LLC / BEACH HOLDINGS, LLC for a Conditional Use Permit re an auto repair garage at 5772-D Arrowhead Drive DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 4. JOYNT ENTERPRISES, INC. T/A PEMBROKE AUTO SALES /HD HOLDINGS, LLC for Conditional Use Permits re vehicle sales, rental and auto repair at 3825 Bonney Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. GEE'S PROPERTIES, LLC for a Conditional Use Permit re mini-warehouse at 4740 Baxter Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. THE TAR ROOF, LLC / BURROUGHS FAMILY REVOCABLE TRUST for Conditional Use Permits re an open air market and assembly use at 1791 Princess Anne Road DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 7. HARRIS TEETER PROPERTIES for a Conditional Use Permit re fuel sales at 2105 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH An Ordinance to AMEND Sections 210.2, 2210 and 2211 of the City Zoning Ordinance pertaining to Definitions of Sign Types, Sign Regulations and Sign Design Guidelines for the CBC Central Business Core District RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** CITY COUNCIL SESSIONS ELECTION DAY TUESDAY, NOVEMBER 8, 2016 CANCELLED EVERYONE PLEASE EXERCISE YOUR PRIVILEGE TO VOTE 5 -YEAR FORECAST November 15, 2016 Building No. 19 Joint City Council and School Board ........................... 10/12/16P MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 4:00 PM A. Audit: Department of Human Services Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. Bio-Medical Initiative Plan and Policy Update Warren Harris, Director—Economic Development B. Southeastern Parkway Update Phil D. Pullen, Public Works C. Post-Hurricane "Matthew" Resiliency Update David L. Hansen, City Manager D. FY 2016 Unaudited Financial Results Patti Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Greg Ott Chalice Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 4, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Friends of the Virginia Beach Public Library Week Jill Burr, President 2. PROCLAMATION—Extra Mile Day James E. Parke, Director—Office of Volunteer Resources 3. RECOGNITION—2017 Sister Cities Association of Virginia Beach (SCAVB) Youth Ambassador 6,141A.BF4C 6s • i er, �4gks • etc of OUR ow'H 1 , rottamatton I W.HEtEAS: the Friends of the Virginia Beach Pub&Library is an all volunteer non-profit organization, dedicated to raising money for library services,sponsoring programs for al£ages,fostering community support for the library, and encouraging literacy by making free reading materials available and offering inexpensive materials at book sates;and ` E!E S: our Friends'tong-time support of the'Virginia Beach Public Library is an exampte of the vital"role volunteers play in our community,and W1l!E S:our Friends'dedication is a demonstration of their commitment to the library and its mission to 6e the community's library for a lifetime,providing boundless opportunities to read;Learn, meet and.discover;and W.HEWIS:our Friends group is a highly successful organization that, through extensive volunteer time and effort, has provided over$1,000,000 dollars to the'Virginia Beach Public Library over the past decade;and W1lzEXEAS:our Friends in recent years have funded adult and children's materials, early literacy interactive displays,summer reading programs, our first adult music concert, and other special events,furnishings and new technology in library facilities, and much more; and WWI E EAS: many improvements and enhancements in our library have only been possible because of the support provided by our Friends;and 'WI!E E. S: we are joining libraries across the nation in celebrating their strongest and most dedicated supporters—their Friends organizations. Wow,`Ihenfore, I, William D.Sessoms,Jr,Mayor of the City of Virginia Beach, 'Virginia, do hereby Proclaim: October 18-22, 2016 Friends of the 'Virginia Beach (Public ,Library Week In'Virginia Beach and call up on all citizens of Virginia Beach to recognize the vita(workof these Friends. InWitness'Whereof, I have hereunto set my hand and caused the Official-Sear of the City of Virginia Beach, 'Virginia, to be affixed this Eighteenth day of October, Two Thousand and Sixteen. - . �i�r/u William D.Sessoms,Jr. Mayor 01141a•BFgc 1tiQ Off`'. U • Z9,yrs.. S esti OF OUR NRFON A 1,14 rottamatton Whereas: The City of Virginia Beach is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively "go the extra mile"in personal effort, volunteerism, and service;and Whereas: Virginia Beach is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions,family, friends, and community;and Whereas: 'Virginia Beach is a community which chooses to shine a light on and celebrate individuals and organizations within its community who "go the extra mile"in order to make a difference and lift upfellow members of their community;and Whereas 'Virginia(Beach acknowledges the mission of Extra Mile America to create 550 Extra Mile cities in America and is proud to support "Extra .Mile (Day" on November 1, 2016. Now,`Therefore,I, 'William CD.Sessoms,Jr.,Mayor of the City of'Virginia Beach, 'Virginia,do hereby (Proclaim: Wovem6er 1, 2016 9& tra Mile (Day In'Virginia Beach, and I urge each individual in the community to take time on this day to not only "go the extra mile"in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations,families, community, country, or world a better place. In Witness 'Whereof, I have hereunto set my hand and caused the Official Seal of the City of 'Virginia Beach, 'Virginia, to be affixed this Eighteenth day of October, Two Thousand Sixteen. William(D.Sessoms,Jr. Mayor I. PUBLIC HEARINGS 1. Metro Fiber Networks, Inc. Nonexclusive Franchise re Telecommunications Services 2. City of Virginia Beach Application for FY 2017-18 VDOT Transportation Alternatives Set-Aside Program re Community Improvements \:.; i. (ti•ciz.1l-, ze!:,7'.s- p`.�4 .,+ `Kms. NOTICE OF PUBLIC HEARING On Tuesday, October 18, 2016, at 6:00 p.m.,in the Council Chambers of the City Hall Building,2401 Courthouse Dr.,Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of Metro Fiber Networks,Inc.,having its principal office at 423 Redoubt Road,Yorktown, Virginia,to be granted a nonexclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within the City. Interested persons are invited to appear and comment. At the conclusion of the public hearing, the City Council will vote to approve or deny the proposed nonexclusive franchise. Further information,including a copy of the proposed franchise and route map,may be obtained by calling the Communication and Information Technology Department at 385-8922. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at(757)385-4303. Ruth Hodges Fraser,MMC City Clerk BEACON October 9,2016/25212996 NOTICE OF PUBLIC HEARING City Application for FY 2017-18 VDOT Transportation Alternatives Set-Aside Program On Tuesday, October 18th 2016, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing relatedtotheCity'sapplicationsfortheVirginiaDepartment of Transportation (VDOT) Transportation Alternatives Set- Aside Program for community improvements, pedestrian and bicycle enhancements throughout the City.The City's applications are for the following nine projects: Salem Road Sidewalk; Euclid Road Sidewalk- Phase I; Euclid Road Sidewalk- Phase II; Euclid Road Sidewalk- Phase Ill; Kellam Road Sidewalk; Sandbridge Road Sidewalk; Violet Bank Trail Sidewalk; Foxfire Trail Phase I-Pedestrian Bridge; and Cape Henry Lighthouse Restoration Phase II. Copies of each application are on file at the City's Department of Public Works. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD - 711. Ruth Hodges Fraser, MMC City Clerk ,i1/41,4*\ 41.0,1k-fizet411 4; ' '-'0!I"I**. % (tit ' 1 ' i: - t ti,,,t4 a gam . i'��.-°~ qua ��.��°`� .�t J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City's FY 2016-17 Appropriation Ordinance and Operating Budget to provide State-supported Constitutional Officers and their employees a one percent (1%) Merit Pay increase despite the lack of funding by the State; and, AFFIRM the original allocation of funds to the Schools 2. Resolution to CONFIRM ADDING the requested Human Rights and Racial Profiling item to the Virginia Beach 2017 Legislative Agenda 3. Ordinance to GRANT a Nonexclusive Franchise to install/maintain/operate telecommunications in the City's public streets and rights-of-way to Metro Fiber Networks, Inc. 4. Resolutions to SUPPORT the City's applications to the Virginia Department of Transportation (VDOT) for funding grants: a. FY 2017-18 Transportation Alternatives Set-Aside Program re pedestrian, bicycle facilities and community improvements b. FY 2017-18 Revenue Sharing Program re Capital Improvements Projects for Shore Drive Corridor, Princess Anne Road,Nimmo Parkway and Sandbridge Road c. FY 2022-23 SMART SCALE Program re improvement projects for Laskin Road, Cleveland Street and Indian River Road 5. Resolution to ESTABLISH Miracle Medical Transport d/b/a Mid-Atlantic Regional Ambulance and AUTHORIZE an annual EMS Permit re private ambulance services 6. Resolution to REQUEST that the Virginia Department of Environmental Quality require Omega Protein, Inc. to test discharged slurry to protect public health 7. Ordinance to AUTHORIZE the Virginia Aquarium & Marine Science Center Foundation, Inc. to grant naming rights to the Marine Animal Conservation Center as the "Darden Marine Animal Conservation Center" 8. Ordinance to AUTHORIZE a temporary encroachment to Marshall H. Groom, Jr. and Jennifer Regan Hoover into a portion of City property known as Black Duck Inlet for a bulkhead at the rear of 305 Back Bay Crescent DISTRICT 7—PRINCESS ANNE 9. Ordinances to: a. TRANSFER $10,000 from the General Fund Reserve for Contingencies to the FY 2016- 17 Operating Budget for the Virginia Beach Council of Civic Organizations' Annual Neighborhood Conference b. ACCEPT / APPROPRIATE from the Virginia Department of Health, Office of Emergency Medical Services Four-for-Life to the FY 2016-17 Operating Budget of Emergency Medical Services re the purchase of rescue equipment and medical supplies: i. $20,042 Return to Localities Program ii. $17,597 Training Program c. ACCEPT / APPROPRIATE a Clean Vessel Act Grant of $40,000 from the Virginia Department of Health to Stormwater Quality Enhancements II \H Hl o ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2016-17 Appropriation Ordinance and to Amend the Operating Budget to Provide State-Supported Constitutional Officers and Their Employees a 1% Salary Increase Despite the Lack of Funding By the State MEETING DATE: October 18, 2016 • Background: When the General Assembly included pay raises for teachers and constitutional officers and their employees in the 2016-18 biennial budget, it made the raises contingent upon the state achieving a 2.2% year-over-year revenue increase. The State did not achieve the 2.2% revenue increase, and accordingly the scheduled pay increase in the State Appropriation Act is deferred. The FY 2016-17 Operating Budget assumed Constitutional Officers and their employees would receive the State's 2% pay increase effective December 1st, and to meet this pay increase structure, the City's budget provided the Constitutional Officers and their employees a .66% general increase and a .34% merit based on the midpoint of the range. When the 1.34% provided on the July payroll is combined with the .66% in the December payroll, the total general increase for Constitutional Officers and employees would equal the State's 2%. • Considerations: The amount the City estimates the loss in state revenue for reimbursement from the Compensation Board related to the state pay raises originally scheduled on December 1, 2016 is $110,634. For consistency and equity among all city employees, the attached ordinance would remove the inconsistent approach to the December pay increase provided for Constitutional Officers and their employees that was dictated by the State Appropriation Act. If adopted, the merit increase to be provided on December 1st will be the same process for City Departments and the Offices of the Constitutional officers. In addition to the City providing raises to employees impacted by the state deferring pay raises, it is anticipated that the school system will also provide these raises for its employees on December 1St. The projected cost to the school system to provide the 1% raise to teachers and other school personnel is approximately $3.8 million. Per the City and School Revenue Sharing Formula, the loss of state revenue would reduce the local match required by the City by approximately $1.1 million. As this amount has already been allocated to the Schools, it will remain in the Schools operating budget, and the Schools anticipate being able to cover the remaining $2.7 million in their operating budget using reversion funding. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Departme i •ency: Human Resources City Manager: Ilk\ i � 1 AN ORDINANCE TO AMEND THE FY 2016-17 2 APPROPRIATION ORDINANCE AND TO AMEND 3 THE OPERATING BUDGET TO PROVIDE STATE- 4 SUPPORTED CONSTITUTIONAL OFFICERS AND 5 THEIR EMPLOYEES A 1% SALARY INCREASE 6 DESPITE THE LACK OF FUNDING BY THE 7 STATE 8 9 WHEREAS, the City's FY 2016-17 operating budget included a merit increase of 10 1% based on the midpoint of each pay range for all full-time City employees and a .66% 11 general increase and a .34% merit based on the midpoint of the range for all 12 Constitutional Officers and their employees; and 13 14 WHEREAS, the State failed to reach its revenue projections for the fiscal year 15 ending June 30, 2016, which triggered the deferral of the funding of these pay raises for 16 state-supported Constitutional Officers and their employees per the State budget; and 17 18 WHEREAS, the City Council desires to honor its commitment to all employees 19 and provide the salary increase that was included in the City's FY 2016-17 operating 20 budget and provide consistent and equitable pay increases across all city departments 21 including Constitutional Officers and their employees; and 22 23 WHEREAS, the City Council and the School Board have a revenue sharing 24 formula that reduces the City's contribution to the Schools based on the revised State 25 revenue estimate for Schools. 26 27 NOW, THEEFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That Section 20 of the FY 2016-17 City Appropriation Ordinance shall apply 31 to state-supported Constitutional Officers and employees for merit pay 32 increases, and Section 21 of the Appropriation Ordinance is eliminated. 33 34 2. That the FY 2016-17 Operating Budget be amended as follows: 35 36 a. That estimated State revenue is hereby reduced by $110,634. 37 38 b. The General Fund Reserve for Contingencies is hereby reduced by 39 $110,634. 40 41 3. The City Council reaffirms its original allocation of local funds to the Schools 42 as included in the City's FY 2016-17 Operating Budget. 43 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: David Bradley sanyR. armeyer Management Services COAttorney's Office CA13657 R-3 October 11, 2016 r \ NIA Bf� N f Jt I �vg'Y�i 4rot +r �` .f f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adding An Item Regarding Human Rights and Racial Profiling to the City's 2017 Legislative Agenda MEETING DATE: October 18, 2016 • Background: City Council traditionally adopts a Legislative Agenda to the General Assembly each year. The Agenda provides the Virginia Beach General Assembly delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. On October 4, 2016, after a public hearing, City Council adopted its 2017 Legislative Agenda, but one item was pulled for further consideration in response to public comment. That item concerns proposed expansion of the Virginia Human Rights Act. Speakers suggested that the Human Rights Act proposal be pulled to add "racial profiling" to the request. Courts have concluded that racial profiling is illegal under the Equal Protection Clause of the United States Constitution's Fourteenth Amendment and the Constitution of Virginia. The Virginia Human Rights Act currently prohibits discrimination based on race (which implicitly includes racial profiling). • Considerations: Although courts have concluded that racial profiling is unconstitutional, several states have enacted laws that codify the prohibition against racial profiling. Given that equal treatment under the law is a cornerstone of our democracy, the City Council believes that Virginia should also adopt a law that explicitly prohibits racial profiling. • Public Information: A discussion was held with City Council on September 6, 2016. City Council received public comment during its September 20, 2016 meeting, and a public hearing was held on October 4, 2016 in Council Chambers. The public will also have an opportunity to comment during the October 18, 2016 meeting. • Attachments: Resolution and attachment. Requested by City Council 1 A RESOLUTION ADDING AN ITEM REGARDING 2 HUMAN RIGHTS AND RACIAL PROFILING TO THE 3 CITY'S 2017 LEGISLATIVE AGENDA 4 5 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 6 requests members of the City's local delegation to the General Assembly sponsor 7 and/or support legislation therein; and 8 9 WHEREAS, the City Council on October 4, 2016, adopted the City's 2017 10 Legislative Agenda, but pulled an item regarding the Virginia Human Rights Act for 11 further consideration; and 12 13 WHEREAS, that item was pulled in response to members of the public who 14 asked that the City's Legislative Agenda also address racial profiling; and 15 16 WHEREAS, numerous courts have concluded that racial profiling is 17 unconstitutional, but no law in Virginia explicitly prohibits racial profiling. 18 19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council hereby adds the item attached hereto as Exhibit A to its 23 2017 Legislative Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City's Delegation to the General Assembly is hereby requested to 29 sponsor and/or support legislation in the 2017 Session of the General Assembly that 30 would carry out the goals and objectives of the City as set forth in this item, along with 31 the other provisions of the Legislative Agenda that were previously approved on 32 October 4, 2106. 33 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 37 That the City Clerk is hereby directed to transmit a copy of this resolution to each 38 member of the City's local Delegation to the General Assembly. 39 40 Adopted by the City Council of the City of Virginia Beach, Virginia, this 41 day of , 2016. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tII%�:_...._.� a __.. :, r i E s___—_ Robert Maw'- s�A.J 4 , sew) Roderick R. Ingra City Manager's Office City Attorney's Office CA13660 R-1 October 11, 2016 ATTACHMENT A EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY VIRGINIA BEACH COUNCILMEMBER ROBERT DYER& REQUESTED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act (i) to also prohibit discrimination based on sexual orientation or gender identity; and (ii) to explicitly prohibit racial profiling. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Maintain and Operate Telecommunications Facilities in the Public Streets and Rights-of-Way of the City to Metro Fiber Networks, Inc. MEETING DATE: October 18, 2016 • Background: Metro Fiber Networks, Inc. ("Metro Fiber"), a certificated provider of telecommunications services, has requested a franchise to use the City's streets and rights-of-way to install, maintain and operate its facilities to provide telecommunications service within the City. • Considerations: The ordinance grants Metro Fiber a nonexclusive 5-year franchise on the terms and conditions set forth in the proposed franchise. The material terms are set forth in the attached Summary of Terms. A route map showing the proposed location of Metro Fiber's facilities has been fully reviewed by staff and is included in the agenda package. • Public Information: The public hearing required to be held prior to the granting of the franchise has been advertised in accordance with the requirements of Virginia Code Section 15.2-1813. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms, Route Map Recommended Action: Adoption of ordinance Submitting De• - • • Communications and Information Technology D ment MICA City Manager: go 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE TELECOMMUNICATIONS FACILITIES IN 4 THE PUBLIC STREETS AND RIGHTS-OF-WAY OF 5 THE CITY TO METRO FIBER NETWORKS, INC. 6 7 WHEREAS, Metro Fiber Networks, Inc. hereinafter ("Metro Fiber"), having its 8 principal office at 423 Redoubt Road, Yorktown, Virginia, is a telecommunications 9 carrier, as defined in Title 47, Section 153 of the United States Code; and 10 11 WHEREAS, Metro Fiber desires to use and occupy the City's streets and public 12 rights-of-way for the purposes of installing, maintaining, and operating network facilities 13 for telecommunications services within the City; and 14 15 WHEREAS, the Virginia State Corporation Commission has granted to Metro 16 Fiber certificates of convenience and necessity authorizing it to provide local exchange 17 and interexchange telecommunications services; and 18 19 WHEREAS, the City is agreeable to allowing Metro Fiber to use the City's public 20 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 21 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 22 (the "Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a franchise 28 agreement with Metro Fiber for up to five (5) years in accordance with the Summary of 29 Terms, and such other terms, conditions or modifications, as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /l7il gee", /fra COMMUNICATI S AND CITY ATTORNEY'S OF-(FICE INFORMATION ECHNOLOGY CA13634 October 6, 2016 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d015\p023\00318530.docx EXHIBIT A METRO FIBER NETWORKS, INC. TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Metro Fiber Networks, Inc. ("Metro Fiber") Term: Five one-year terms, renewable year-to-year but may be cancelled by either party at end of any one year term upon 90 days' advance written notice. Fee: None (State law restricts telecommunications franchise fees to Public Rights-of-Way Use Fee) Location: Metro Fiber may install its facilities underground per route map on file with Communications and Information Technology Department Relocation: Metro Fiber solely responsible for paying cost of removal or relocation of its facilities if public project necessitates their removal or relocation; Metro Fiber must remove facilities upon termination or City may allow to remain in place and take ownership Installation: Metro Fiber required to return public streets and rights-of- way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Surety: $25,000 letter of credit and $50,000 surety bond Indemnity: Metro Fiber to indemnify City, its officers, employees and agents from and against all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense Nondiscrimination: Standard City language, includes good faith minority business efforts required by City Code VB Virginia Beach APPLICANT'S NAME_ Metro Fiber Networks, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: ' Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for j (EDIP) Changes orming 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 1 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 Fr)!2 CITY IJSE ONLY /, ,, , , ,.7-,pd3 ,, ) ! ,, a ,r 7377 Page I of 5 O APPLICANT NOTIFIED OF iiF,A!31^J, �' 0 IVU CHANCES AS OF _ ABwr., Virginia Beach 0 Check here if the AFTLEANIIINQI a corporation, partnership, firm, business, or other unincorporated organization, E Check here if the gfEi_iCANTIs a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Metro Fiber Networks, 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) Gary Taroley - President. Lindsey Tarpley - VP. Courtney Tarpley - Secretary (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) . .I- Aszoci. -s Ii. . - P,.. - o . . See next page for information pertaining to footnotes' and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owne i di•et—nt r.m A• •!icon . Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization, NI Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THENcomplete the following. (A) List the Property Owner's name: C I TY of vie.GiNo ia.-nci4 If an LLC, list the member's names: Page 2 of 5 '4 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) 1 "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 59 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, (0 a controlling owner in one entity is also a controlling owner in the other entity, or OW 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 5ubiect of tile application or any_business operating or to be operatedpn 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 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return El El Architect / Landscape Architect/ Land Planner Contract Purchaser(W: thaljun ElE the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed rn purchaser of the subject property (identify purchaser(s) and purchaser's service providers) El El Construction Contractors Cable Associates, Inc. Engineers /Surveyors/Agents Cable Associates, Inc Financing (include current E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services Real Estate Brokers / ED 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 an interest in the subject land or any proposed development 0 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 INB Virginia Beach 1 CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is I 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 p - ;lic body or committee in connection with this Application. j - Gary Tarpley, President r 1016116 APPLICANT S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE / Page 5 of 5 Z W < P7 ci as Alkil�i �� c \VC _ °a�D� 000 ` Og I v.vaNgD C s Z,.-,,,,3.,. c.W 3 K GU x��QfB S a m co, W��T OCEA dDo�,- ,.• i.-”, OOZY. m a ,.°,3 ,Jy •Wmo A= DC7,o=o O: 2' E,Y2 Z, ItHI cc ut ts, _ ra co Q� 3r Q1wa No qiU :c�,, 2. a - �? m to V = c �'� .,•,�.,nh7 a ._. N,,,,,,,,Pd K . QN �Tb 11>. 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I\ `t° Uzi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Applications for the FY 2017-18 Virginia Department of Transportation Transportation Alternatives Set-Aside Program MEETING DATE: October 18, 2016 • Background: The Transportation Alternatives Set-Aside Program was authorized in the federal transportation bill, "Fixing America's Surface Transportation Act," also known as the FAST Act. The program is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. It focuses on providing pedestrian and bicycle facilities and community improvements. The Transportation Alternatives Set-Aside Program (TAP) is part of the federal-aid highway program. It is not a grant program, and funds are only available on a reimbursement basis with a 20% local match. The following nine projects have been identified as candidates for this funding: 1. Salem Road Sidewalk — This project will provide a 5-foot wide concrete sidewalk along the east side of Salem Road from Salem Lakes Boulevard to Rock Lake Loop, a total distance of approximately 0.30 miles. The sidewalk will tie in to existing sidewalks at Salem Lakes Boulevard and Rock Lake Loop. The sidewalk will be located within the existing right-of-way behind the existing swale. This project also includes new accessible curb ramps at the intersection of Salem Road and Salem Lakes Boulevard, piping the existing ditch, new curb and gutter and utility relocations. Right of way will be required from one property owner. This project qualifies as a Safe Routes to School project. It will greatly improve safety for pedestrians and school children walking to Salem Elementary School and provide connectivity in an area that is heavily traveled by pedestrians as evidenced by a worn path. The total project cost is approximately $500,000. The City will provide the 20% match ($100,000) and request the remaining 80% ($400,000) in TAP funds. 2. Euclid Road Sidewalk — Phase I — This project will provide a 5-foot wide concrete sidewalk along the north side of Euclid Road from the vicinity of where it intersects with Kellam Road to where it intersects with South Independence Boulevard, connecting existing sidewalks for a total distance of approximately 0.2 miles. This project will provide 840 linear feet (LF) of sidewalk from the intersection of Euclid Road and South Independence Boulevard to an existing sidewalk just past Kellam Road. This phase will also include placement of 120 LF of sidewalk on the east side of Kellam Road, beginning at the intersection with Euclid Road until it ties into the existing sidewalk. This project will also include tree removal, new accessible curb ramps at the intersection of Kellam Road and Euclid Road, on both the east and west sides, and utility relocation. Right of way will be required from one property owner. The total project cost this phase is approximately $325,000. The City will provide the 20% match ($65,000) and request the remaining 80% ($260,000) in TAP funds. 3. Euclid Road Sidewalk — Phase II — This project will provide a 5-foot wide concrete sidewalk at two locations along the north side of Euclid Road to provide a continuous sidewalk between where Euclid Road intersects with Onondaga Road and Kellam Road. One location of sidewalk to be provided is from the west end of the Seventh Point Advertising, Marketing, and Public Relation property to the east end of the Motel 6 property for an approximate length of 130 LF. The second location of sidewalk to be provided is from Onondaga Road to the west end of the Motel 6 property for an approximate length of 630 LF. This project will also include tree removal, new accessible curb ramps at the intersection of Kellam Road and Euclid Road, on both the east and west sides, and utility relocation. This phase of the project requires a new accessible curb ramp at the intersection of Euclid Road and Onondaga Road on the east side, new curb and gutter, and utility relocation. The total project cost of this phase is approximately $260,000. The City will provide the 20% match ($52,000) and request the remaining 80% ($208,000) in TAP funds. 4. Euclid Road Sidewalk — Phase Ill — This project will provide a 5-foot wide concrete sidewalk along the north side of Euclid Road and the west side of Opal Avenue, and a 12-ft wide concrete shared use path along Southern Boulevard between Witchduck Road and Kellam Road. Approximately 570 LF of sidewalk will be installed along Euclid Road to provide a continuous sidewalk between Cleveland Street and Narragansett Drive. Approximately 330 LF of sidewalk will be installed along Opal Avenue to provide a continuous sidewalk between Cleveland Street and Euclid Road where it intersects with Euclid Road to the south side of the Write Impressions property. Crosswalk striping will be needed where Euclid Road intersects with Southern Boulevard, the shared use path, and the existing rail line. The concrete sidewalk and shared use path will be located within the existing right- of-way. This project will greatly improve the safety of pedestrians walking and biking alongside a heavily trafficked road. The total project cost of this phase is approximately $700,000. The City will provide the 20% match ($140,000) and request the remaining 80% ($560,000) in TAP funds. 5. Kellam Road Sidewalk — This project will provide a 5-foot wide concrete sidewalk along the west side of Kellam Road, connecting Euclid Road to an existing sidewalk at the intersection of Kellam Road and Mandan Road, a distance of approximately 0.25 miles. This project includes utility relocation, new curb and gutter, and new accessible ramps at the north and south side of the intersection between Kellam Road and Kiowa Lane, Kellam Road and Onondaga Road, and Kellam Road and Conestoga Road. The concrete sidewalk will be located within the existing right-of- way. This project will provide safe mobility for pedestrians travelling in both directions of Kellam Road. The total project cost is approximately $450,000. The City will provide the 20% match ($90,000) and request the remaining 80% ($360,000) in TAP funds. 6. Sandbridge Road Sidewalk — This project will provide a 10-foot wide concrete sidewalk along the north side of Sandbridge Road from St. John the Apostle Catholic School to Red Mill Elementary School, a total distance of approximately 0.40 miles. The concrete sidewalk will tie in to existing sidewalks at Red Mill Elementary School and to the parking lot of St. John the Apostle Catholic School. This project also includes retrofitting the north side of the existing four-span concrete culvert to accommodate an 8-foot wide sidewalk with a 42-inch high parapet separating the sidewalk from the road and a railing along the drainage ditch. This project will provide connectivity from each of the schools to Red Mill Farms Park. The total project cost is approximately $700,000. The City will provide the 20% match ($140,000) and request the remaining 80% ($560,000) in TAP funds. 7. Violet Bank Trail Sidewalk — This project will provide a 10-foot wide asphalt path connecting the eastern end of Violet Bank Drive to Selwood Drive, a distance of approximately 0.6 miles. The shared use path will be located along the "paper street" portion of Violet Bank Drive that does not have a roadway. As evident through the beaten down pathway at the project site, this route is highly used by pedestrians. This project also includes vegetation removal and accessible curb ramps at the east end of Violet Bank Drive and at all intersections that the trail will cross (16 curb ramps total). This project will provide safe mobility to members of the community as an alternative to walking/biking alongside Providence Road, which does not have a sidewalk and is heavily trafficked. The total project cost is approximately $475,000. The City will provide the 20% match ($95,000) and request the remaining 80% ($380,000) in TAP funds. 8. Foxfire Trail Phase I — Pedestrian Bridge — This project will provide a 12-foot wide pedestrian trail along the existing trail oriented northwest-southeast between North Landing Road and Foxfire Park on Esplanade Drive, new ADA accessible ramps, install approximately 200 linear feet of ADA compliant elevated pedestrian trail, 4,000 linear feet of temporary approach trail, and minor grading. The pedestrian bridge will span over West Neck Creek and the adjacent floodway and will be of timber construction with composite decking. The temporary approach trail will consist of stone placed by the contractor to provide access to the creek and floodway. This project will provide connectivity for pedestrians traveling from neighborhoods in the Pungo area of Virginia Beach to the Municipal Center and to Princess Anne Road. In addition, it enhances an existing trail that currently dead ends at the West Neck Creek.The total project cost is approximately $978,000. The City will provide the 20% match ($196,000) and request the remaining 80% ($782,000) in TAP funds. 9. Cape Henry Lighthouse Restoration Phase II — This project will provide stabilization to the base of the 1792 Cape Henry Lighthouse, a National Historic Landmark. Wind and water erosion has diminished the man-made dune and exposed and damaged the soft Aquia sandstone base. To prevent further damage the dune will be rebuilt to an appropriate height, contained within concrete retaining walls and capped with a slab to prevent erosion. The steps leading from the dune into the lighthouse will be replaced, and the visitor experience will be enhanced through safety and aesthetic improvements to the plaza surrounding the lighthouse and incorporation of interpretive panels. Estimated cost for construction of this phase is approximately $450,000. The City will provide the 20% match ($90,000) and request the remaining 80% ($360,000) in TAP funds. ■ Considerations: The Transportation Alternatives Set-Aside Program is not a grant program, and funds are only available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. In addition, the locality must provide a minimum 20% match. The local matches will be provided using existing funding within the Roadways Capital Improvement Projects. • Public Information: Public information will be handled through the normal Council agenda process. • Alternatives: Without the TAP funding from VDOT, these projects would remain in the Traffic Safety Improvements (TSI) program and be designed and constructed as funds become available. • Recommendations: Adopt the resolution to support the City's Application for the FY 2017-18 VDOT Transportation Alternatives Set-Aside Program (TAP) and authorize the City Manager to enter into any necessary agreements for project development and construction. • Attachments: Location Maps, Resolution Recommended Action: Approval Submitting De• - r menti_ •ency: Public Works Engineering NZ City Manager: '`\ 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE FY 2017-18 VIRGINIA 3 DEPARTMENT OF TRANSPORTATION (VDOT) 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM 6 7 WHEREAS, the City of Virginia Beach is eligible to submit applications through 8 the Virginia Department of Transportation Fiscal Year 2017-18 Transportation 9 Alternatives Set-Aside Program providing pedestrian, bicycle facilities and community 10 improvements; and 11 12 WHEREAS, the City can request 80% of the project cost, up to $1,000,000, in 13 federal pass-through funding and must provide the remaining 20% local match for each 14 project; and 15 16 WHEREAS, the City has identified nine high-priority projects as candidates for 17 this funding. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the Virginia Beach City Council hereby supports these applications 23 totaling $4,838,000, with $3,870,000 in federal funding and the remaining 24 $968,000 in local funds; 25 26 a. A total of $500,000 for the Salem Road Sidewalk, with $400,000 27 from federal funds and $100,000 in local funds. 28 b. A total of $325,000 for the Euclid Road Sidewalk-Phase I, with 29 $260,000 in federal funds and $65,000 in local funds. 30 c. A total of $260,000 for the Euclid Road Sidewalk-Phase II, with 31 $208,000 in federal funds and $52,000 in local funds. 32 d. A total of$700,000 for the Euclid Road Sidewalk-Phase III, with 33 $560,000 in federal funds and $140,000 in local funds. 34 e. A total of $450,000 for Kellam Road Sidewalk, with $360,000 in 35 federal funds and $90,000 in local funds. 36 f. A total of $700,000 for the Sandbridge Road Sidewalk, with 37 $560,000 in federal funds and $140,000 in local funds. 38 g. A total of$475,000 for the Violet Bank Trail Sidewalk, with 39 $380,000 in federal funds and $95,000 in local funds. 40 h. A total of $978,000 for the Foxfire Trail Phase I Pedestrian 41 Bridge, with $782,000 in federal funds and $196,000 in local 42 funds. 43 i. A total of $450,000 for the Cape Henry Lighthouse Restoration 44 Phase II, with $360,000 in federal funds and $90,000 in local 45 funds. 46 47 2. That the required matching funds will be provided from within capital 48 project appropriations-to-date. 49 50 3. That the City Manager is hereby authorized to execute on behalf of the 51 City of Virginia Beach all necessary project agreements for project 52 development and construction. 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: 749 Q i David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13658 R-2 October 7, 2016 CI 1i 06 4,, v .°° Adobe° 01 Y (�`p u H �_ o $ 0.1 m a) p �; o )dao Roa Id adolaiuy O O c c a 5 m` oc m '_^ �o cc _ it m, :1- c f6 .0 Y O a (o $ *' ,Y ~ in co - E °v� > c '0)Pala to v Le) o CU flfl o II W ( J co a (o O L a > E 3 a v t t) cn a of t (o N +•+ O y y mvn C t/0v i `^'F 4,03 cu eri,Rd a =. v Pa ural 4 3 a -a +, E -O E a *-' j v uI al CU c a) ° E o c V) `" .- a. a O c E °c0 °' mo ' Ln c ti. � - o N >a O ris o o Z L • 4- •v co o_ 'i4) 2 t 3 C c „ t ov f6 J L J V N z o o E a Y o u �°' o� s O 3 ti� d < o P ao Lo a) i Q) y • ++ •L - Q c 6.) -9- ..- ) > a 0 3 o u ` North t Andinn Riv �- _ LA a) ai V/ -° m v o O U C I N CU a O a - /. 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The Revenue Sharing Program is intended to provide funding for immediately needed improvements or to supplement funding for existing projects. This program provides state funding at a 50/50 match, up to $10 million. The following four Capital Improvement Projects (CIP) have been identified as candidate projects for this program: Shore Drive Corridor Improvements Phase III (CIP 2-117); Princess Anne Road Phase VII (CIP 2-195); Nimmo Parkway Phase VII-B (CIP 2-110); and Sandbridge Road — Nimmo Phase VII-A (CIP 2-078). Shore Drive Corridor Improvements Phase III and Princess Anne Road Phase VII are existing Revenue Sharing Program projects and $5 million and $4 million will be requested for each project, respectively. Both Nimmo Parkway Phase VII-B and Sandbridge Road — Nimmo Phase VII-A are being introduced as new projects to the Revenue Sharing Program with a funding request of $500,000 each. All four candidate projects are currently in the City's Capital Improvement Program. The Shore Drive Corridor Improvements Phase III project (CIP 2-117) will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections with improvements along the Shore Drive corridor from Vista Circle, near the eastern end of the Lesner Bridge, extending eastward through the Great Neck Road intersection. The total project cost is $16.6 million, with $14,951,437 appropriated to date. The additional $5 million of Revenue Sharing Funding combined with City funding programmed in the CIP will fully fund the project in the program. The Princess Anne Road Phase VII project (CIP 2-195) will improve capacity and safety by widening Princess Anne Road from two to four lanes from General Booth Boulevard to Fisher Arch, a distance of approximately 1.25 miles. The total project cost is $40.1 million, with $30,125,750 appropriated to date. The additional $4 million of Revenue Sharing Funding combined with City funding programmed in the CIP will fully fund the project. The Nimmo Parkway Phase VII-B project (CIP 2-110) will improve safety and provide an alternate route for travelers accessing Sandbridge. Project improvements include a two-lane undivided roadway from Albuquerque Drive to the western terminus of the Sandbridge Road — Nimmo Phase VII-A project (CIP 2-078). The total project cost is $27.8 million, with $1,010,380 appropriated to date. The additional $500,000 of Revenue Share Funding will advance design while also establishing Nimmo Phase VII- B as a "Revenue Sharing" project which will provide an additional project with capacity to receive future Revenue Share Funding. The Sandbridge Road — Nimmo Phase VII-A project (CIP 2-078) will improve safety and provide an alternate route for travelers accessing Sandbridge. Project improvements include a two-lane undivided roadway with shoulders from Sandpiper Road to approximately 1.1 miles west of Sandpiper Road at the eastern terminus of the Nimmo Parkway Phase VII-B project (CIP 2-110). The total project cost is $19.5 million, with $1,732,000 appropriated to date. The additional $500,000 of Revenue Share Funding will advance design while also establishing Sandbridge Road — Nimmo Phase VII-A as a "Revenue Sharing" project which will provide an additional project with capacity to receive future Revenue Share Funding. • Considerations: The Revenue Sharing Program provides that localities which fund a share equal to the matching requirement be given higher priority over other localities. The City has sufficient funds on all four projects that can be used to satisfy our required match. • Public Information: Public information will be handled through the normal Council Agenda process. • Alternatives: Without the Revenue Sharing funding from VDOT, City funding will be required to fund these projects. • Recommendations: Adopt the resolution of support for the City's application to the VDOT Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. • Attachments: Location Maps, Resolution Recommended Action: Approval Submitting Dep e , •ency: Public Works EngineeringR)C City Manager: 1, 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 FOR THE FY 2017-18 VIRGINIA DEPARTMENT OF 3 TRANSPORTATION REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2017-18 7 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority Capital Improvements Projects that meet 10 the eligibility for funding are part of project # 2-117 — Shore Drive Corridor 11 Improvements Phase III, CIP project # 2-195- Princess Anne Road Phase VII, project # 12 2-110 Nimmo Parkway Phase VII-B and project # 2-078 — Sandbridge Road- Nimmo 13 Phase VII-A. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1. That the City of Virginia Beach City Council hereby supports these 19 applications through the Virginia Department of Transportation Revenue 20 Sharing Program to request $5,000,000 for Shore Drive Corridor 21 Improvements Phase III (project # 2-117), $4,000,000 for Princess Anne 22 Road Phase VII (project # 2-195), $500,000 for Nimmo Parkway Phase 23 VII-B (project # 2-110) and $500,000 for Sandbridge Road-Nimmo Phase 24 VII-A (Project # 2-078). 25 26 2. That the required matching funds will be provided from the allocation of 27 local funding existing within these projects. 28 29 3. That the City Manager is hereby authorized to execute on behalf of the 30 City of Virginia Beach all necessary project agreements for project 31 development and construction. 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: David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13655 R-1 October 4, 2016 N \V C I - 4,..,..._! .1 REpR Q'tl , 1.- I,t cV � 0 Sj` 'P Y � oti 4 Joh Shore Drive Corridor �;a,��.. „ -y•;• G Improvements Phase III '�.♦•'`\'`'�`<:•\,1 ,..i,,,,...,, ....„,...„ .. FzE ', ( •4t •j t 11,,,1111�1111� ••O ,,v. ,, \*•.I \S ,I)�.•^ ism�� -_:% a I;' / 4\.3 JN.e'1 c•te v^.4� 0�'II ewitt♦ 0 - W � 1�'_ i' 111111 "r L7 \ i`I:tiOI\I� 10\0 SI,�rfv h�� / • ittlitorAtas,..:1 • Llp• P o♦ v tI i .��\11� / r � .ovii ;...� �� \--..-5.,:,,,,,„:„:„)......,,.:.,,,,,,,..::,,,,..,...,:::\ »era � !c• ,,,,,,,k-.. V s% v,. • �� 1'� O{�Q� i (n� O a�`int 1.:\1.•_.-t, v.:„ ov,`s. ,� `S>'• It,-....., „.......:1,41i . 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P.rt.4 O gym' . al 610\SW �� 0 2 C0m0 +* w-io•Ati 15 1� fig? 00 c:20 491Sto T N ' -4 (f)to 0 CO totA,..,317.,..,3') %Is Sandbridge :os ad- Nimmo Pakway - haseVll 'll - si • 'o�J �'�� `, /11111*11111111111111"111111‘411111 Pir //por",--- ---- .• all A. lb 10 Willi‘o 0 rr•70..;;1 \ *el*11 ti:!1147.'6:7 fraa I:0 i il\11 la 0111 I it/d41, o `37 u', v\,10 a Iliig; el 410 ..'4 I I I I I I HI ill III lir 4 9 "it **00 0\. ....k lir �"'6.o std m°o,� 13,0 ra Q � . exi oma \ t\oo LOCATION MAP Sandbridge Road- Nimmo Parkway - PhaseVll-A CIP 2.078.000 Feet 0 600 1,200 2,400 // s Pron,rorl by A\A//G nn /G nn c,�nnnrf con,��o�a��ro��no_�R_'IR X:\CADD\Proiects\ARC Files\AGENDA MAPS\Sandbridae Rd.\Phase VII-A r ,n Fr-1, •1 ,r",,, ,,,,,`"iiC : , .:, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Applications for the Virginia Department of Transportation SMART SCALE Program for FY 2022-23 Funding MEETING DATE: October 18, 2016 • Background: The Virginia General Assembly passed legislation in 2014 requiring the Commonwealth Transportation Board to develop a scoring process for project selection. Virginia's SMART SCALE program is about selecting the right transportation projects for funding and ensuring the best use of limited tax dollars. Transportation projects are scored based on an objective, outcome-based process that is transparent to the public and allows decision makers to be held accountable to the taxpayers. The SMART SCALE process evaluates projects on the following six criteria: Congestion Mitigation, Safety, Accessibility, Environmental Quality, Economic Development and Land Use Coordination. SMART SCALE is a grant program, and funds are only available on a reimbursement basis. The following three projects have been identified as candidates for this funding: 1. Laskin Road Phase I-A — This project is the second phase of the overall Laskin Road Phase I project (the first phase, Laskin Road Bridge Replacement CIP 2-040, is a fully funded project that received $10 million in program funds in FY17). The project includes construction of an 8-lane divided highway (three through lanes and a continuous right turn lane in each direction) from Republic Road to the limits of the Laskin Road Bridge Replacement project at Freemac Drive. This phase also includes full improvements to the Laskin Road/First Colonial Road intersection as well as construction of a 6-lane divided highway on First Colonial Road from Laurel Lane to 1-264. This project will provide 14-foot wide outside lanes for cyclists and a 10-foot wide shared-use path on one side of the roadway with a 5-foot wide sidewalk on the other side of Laskin Road. Aesthetic improvements such as landscaped median and verge areas will be provided to enhance the roadway corridor. The total project cost is approximately $67 million. The balance to complete is $29.1 million. The City will request $15 million in SMART SCALE funds with $14.1 million of additional local funds required. 2. Cleveland Street Phase IV — This project is for construction of a 4-lane divided roadway along Cleveland Street from Witchduck Road to Independence Boulevard, a distance of 1.2 miles. The project will provide 5-foot wide on-road bicycle lanes and 8-foot wide shared-use paths along both sides of the roadway. Aesthetic improvements such as an 8-foot wide landscaped median and a 4-foot wide landscaped verge area will be provided to enhance the roadway corridor. Existing aerial utilities will be relocated to a new overhead location, and LED street lights will be provided. The project will also include new traffic signals at Dorset Avenue and Kellam Road. This project will complete a vital connection within the Pembroke Strategic Growth Area. The total project cost is approximately $23.7 million. The City will request $10 million in SMART SCALE funds with $13.7 million of additional local funds required. 3. Indian River Road Phase VII-B — This project is for the second, and final, phase of the Indian River Road Phase VII project (the first phase, Indian River Road Phase VII-A CIP 2-256, is fully funded and received $20 million in program funds in FY17). The project includes construction of the final two lanes (northbound) of Indian River Road from Lynnhaven Parkway to Elbow Road Extended. Construction of the additional two lanes will complete the ultimate four-lane divided roadway configuration along the Indian River Road project corridor. The typical roadway section will include a 10-foot wide shared-use path on both sides of the roadway along with dedicated 4-foot on-road bike lanes. The majority of the Indian River Road project occurs on a new alignment in an effort to remove the roadway away from adjacent wetlands and floodplain. The total project cost is approximately $11.5 million. The City will request $5 million in SMART SCALE funds with $6.5 million of additional local funds required. • Considerations: The SMART SCALE Program is a grant program, and funds are available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. ■ Public Information: Public information will be handled through the normal Council Agenda process. • Alternatives: Without the SMART SCALE funding from VDOT, these projects would remain inactive and be designed and constructed as funds become available. • Attachments: Location Maps, Resolution Recommended Action: Approval Submitting De• -rtm- • . • .ency: Public Works Engineering M City Managellik ��6 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION SMART SCALE PROGRAM FOR FY 4 2022-23 FUNDING 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation SMART SCALE program and projects 8 submitted to this grant program are reviewed and scored based on an objective 9 outcome-based process in the following areas: Congestion Mitigation, Safety, 10 Accessibility, Environmental Quality, Economic Development and Land Use 11 Coordination; 12 13 WHEREAS, requested VDOT SMART SCALE revenue reimbursement can be up 14 to 100% of the total project cost, although the locality's ability to contribute to the 15 submitted project is a significant determination factor in the awarding process; and 16 17 WHEREAS, the City's highest priority improvement projects that meet the 18 eligibility for funding are Laskin Road Phase I-A, Cleveland Street Phase IV and Indian 19 River Road Phase VII-B. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the Virginia Beach City Council hereby supports applications through 25 the Virginia Department of Transportation SMART SCALE Program to 26 request $15,000,000 for Laskin Road Phase I-A, $10,000,000 for 27 Cleveland Street Phase IV, $5,000,000 for Indian River Road Phase VII-B. 28 29 2. That the required matching funds will be provided from the allocation of 30 local funding. 31 32 3. That the City Manager is hereby authorized to execute on behalf of the 33 City of Virginia Beach all necessary project agreements for project 34 development and construction. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day 37 of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ckfru) David Bradley Roderick Ingram • Budget and Management Services City Attorney's Office CA1356/R-2/October 7, 2016 r C > (o .a) p O N ��n�ur sS �1 � � ! a) t Q ... ,.. }11 a) C +J O w ro 4- u LEco ,F ,11.440t, . 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C a� o a1 C _O C a > O f0 m a) U WCC 0 ' +) -0 o m v, v a CU c C C aJ U +, t �� 7791L1:/v-c>' E av o > U AS N O !3o .1.-10 - U O u = 03 C aJ o • v) .4 � a) c 3 -0 v .-•.. u to C _ U .- o ri C ,.• ti t O (NJ aJ C O (0 O o +_+ r wS. as A Q a .° 0_ I 11• 1; t U o 0 U - E C C .... � �� I— Q .. ou in I— as co I— 0 CP vv gym.:" a* i Lei < ;l L°::::*; CITY OF VIRGINIA BEACH L AGENDA ITEM ITEM: A Resolution to Approve Establishment of Miracle Medical Transport LLC in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: October 18, 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 an annual permit authorizing its operation. The annual permit may only be granted by City Council. • Considerations: Miracle Medical Transport LLC d/b/a Mid-Atlantic Regional Ambulance'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 both the establishment and operation of Miracle Medical Transport d/b/a Mid-Atlantic Regional Ambulance 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, this permit shall be effective immediately and until June 30, 2017. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. Recommended Actio : Approval Submitting D• pa t - . gency: Department of Emergency Medical Services City Manage • 1 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 MIRACLE MEDICAL TRANSPORT D/B/A MID-ATLANTIC 3 REGIONAL AMBULANCE IN VIRGINIA BEACH AND TO 4 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING 5 PRIVATE AMBULANCE SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2 , any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for emergency 14 transport or non-emergency transport purposes must apply for a permit; and 15 16 WHEREAS, a request for establishment and an application for a permit has been 17 received from Miracle Medical Transport d/b/a Mid-Atlantic Regional Ambulance; and 18 19 WHEREAS, this request and application has been recommended for approval by 20 the Virginia Beach Department of Emergency Medical Services; and 21 22 WHEREAS, City Council finds the approval of this request and application is in the 23 best interests of the citizens of Virginia Beach as it will assure continued and adequate 24 emergency services and will preserve, protect and promote the public health, safety and 25 general welfare of the citizens. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the request of Miracle Medical Transport d/b/a Mid-Atlantic Regional 31 Ambulance for the establishment of its emergency medical service in the City of Virginia 32 Beach, and its application for an annual EMS permit for providing private EMS ambulance 33 services in the City of Virginia Beach is hereby approved and granted, effective 34 immediately and until June 30, 2017. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: n Bianco Roderick R. Ingram Emergency Medical Services City Attorney's Office CA13650 R-2 October 6, 2016 r.1-$.7e1,."re ` , , ,'-:-;i: }Y i. tii ~i . °ayess CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: A Resolution Requesting that the Virginia Department of Environmental Quality Require Omega Protein, Inc. to Test Discharged Slurry to Protect Public Health MEETING DATE: October 18, 2016 • Background: The mission of the Virginia Department of Environmental Quality ("DEQ") is to protect and improve the environment for the well-being of all Virginians. In furtherance of its mission, the DEQ can impose conditions and requirements on persons and commercial entities that discharge potentially harmful substances into waterways. Omega Protein, Inc. operates fishing vessels in local waterways, and those operations generally entail the discharge of slurry. Citizens have expressed concerns regarding the potential health effects on persons who swim in, or otherwise use, waterways where Omega Protein vessels operate. • Considerations: This resolution urges the DEQ to require Omega Protein, Inc. to test the slurry that their vessels discharge into local waterways for substances that are harmful to persons who swim in or otherwise use those waterways and report those findings to the DEQ so that the DEQ may impose any additional restrictions necessary to protect public health. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Davenport REQUESTED BY COUNCILMEMBER DAVENPORT 1 A RESOLUTION REQUESTING THAT THE VIRGINIA 2 DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRE 3 OMEGA PROTEIN, INC. TO TEST DISCHARGED SLURRY 4 TO PROTECT PUBLIC HEALTH 5 6 WHEREAS, the mission of the Virginia Department of Environmental Quality 7 ("DEQ") is to protect and improve the environment for the well-being of all Virginians; 8 9 WHEREAS, in furtherance of its mission, the DEQ can impose conditions and 10 requirements on persons and commercial entities that discharge potentially harmful 11 substances into waterways; 12 13 WHEREAS, Omega Protein, Inc. operates fishing vessels in local waterways, 14 and those operations generally entail the discharge of slurry; and 15 16 WHEREAS, citizens have expressed concerns regarding the potential health 17 effects on persons who swim in, or otherwise use, waterways where Omega Protein 18 vessels operate. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH: 22 23 The City Council urges the DEQ to require Omega Protein, Inc. to test the slurry 24 that their vessels discharge into local waterways for substances that are harmful to 25 persons who swim in or otherwise use those waterways and report those findings to the 26 DEQ so that the DEQ may impose any additional restrictions necessary to protect public 27 health. 28 29 Adopted by the City Council of the City of Virginia Beach, Virginia, this 30 day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attor oderick R. Ingram City Attorney's Office CA13661 R-1 October 12, 2016 t itiin 1; K YL�� rC `,v CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance Authorizing the Virginia Aquarium & Marine Science Center Foundation, Inc. to Grant Naming Rights to the Marine Animal Conservation Center MEETING DATE: October 18, 2016 • Background: The Virginia Aquarium & Marine Science Center Foundation, Inc. ("Foundation") was organized and chartered on October 29, 1981 as a private non-stock corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virginia (1950), as amended, with a tax exempt status under section 501(c)(3) of the Internal Revenue Code. The Foundation was formed and has functioned for many years for the purpose of: (i) supporting the Virginia Aquarium & Marine Science Center ("Aquarium") and its programs; (ii) acquiring, leasing or holding real estate necessary for the purposes of the Aquarium; (iii) assisting in the identification, acquisition and construction of exhibits; (iv) providing financial support; (v) receiving gifts, bequests, monies, bonds, grants, scientific equipment and objects of art in support of the Aquarium; and (vi) increasing public knowledge of Virginia's unique marine environment. The City and the Foundation have begun a jointly funded capital improvement project to construct a new Marine Animal Conservation Center ("MACC") ("Project"). Upon completion, the MACC will be a 18,000 square foot building that will provide state-of- the-art resources for response, rescue, and rehabilitation of stranded marine mammals and sea turtles. It will serve as a hub for conducting world-renowned scientific research. The MACC will provide a large work area for efficient workflow, additional space to rehabilitate animals, direct saltwater access and enhanced laboratory facilities. Groundbreaking for the MACC will commence in 2018 and completion of construction is expected in 2020. The Project will be funded partially by the City and partially by the Foundation. The Foundation began a capital campaign in March 2015. The Foundation has secured a donation from the Joshua P. and Elizabeth D. Darden Foundation in the amount of $2.5 million. The Foundation has proposed naming the MACC the "Darden Marine Animal Conservation Center" for so long as the building continues to be used for marine animal conservation, education and research purposes. Additionally, the Foundation has proposed that the name "Darden Marine Animal Conservation Center" be affixed to the exterior of the building and only that name shall be permitted to appear on the exterior of the building. • Considerations: The proposed ordinance will authorize the Foundation to grant naming rights for the MACC. Specifically, the Foundation will authorize the MACC to be named the "Darden Marine Animal Conservation Center" for so long as the building continues to be used for marine animal conservation, education and research purposes. The aforementioned name will be affixed to the exterior of the building and only that name shall be permitted to appear on the exterior of the building. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval t‘-C il Submitting De• - rt - - . A gency: Department of Aquarium and Museums City Manage 1 AN ORDINANCE AUTHORIZING THE VIRGINIA 2 AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, 3 INC. TO GRANT NAMING RIGHTS TO THE MARINE 4 ANIMAL CONSERVATION CENTER 5 6 WHEREAS, the Virginia Aquarium & Marine Science Center Foundation, Inc. 7 ("Foundation") was organized and chartered on October 29, 1981 as a private non-stock 8 corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virginia (1950), 9 as amended, with a tax exempt status under section 501(c)(3) of the Internal Revenue 10 Code; and 11 12 WHEREAS, the Foundation was formed and has functioned for many years for 13 the purpose of: (i) supporting the Virginia Aquarium & Marine Science Center 14 ("Aquarium") and its programs; (ii) acquiring, leasing or holding real estate necessary for 15 the purposes of the Aquarium; (iii) assisting in the identification, acquisition and 16 construction of exhibits; (iv) providing financial support; (v) receiving gifts, bequests, 17 monies, bonds, grants, scientific equipment and objects of art in support of the 18 Aquarium; and (vi) increasing public knowledge of Virginia's unique marine 19 environment; and 20 21 WHEREAS, the City and the Foundation have begun a jointly funded capital 22 improvement project to construct a new Marine Animal Conservation Center ("MACC") 23 ("Project"); and 24 25 WHEREAS, upon completion, the MACC will be a 18,000 square foot building 26 that will provide state-of-the-art resources for response, rescue, and rehabilitation of 27 stranded marine mammals and sea turtles; and 28 29 WHEREAS, the MACC will provide a large work area for efficient workflow, 30 additional space to rehabilitate animals, direct saltwater access and enhanced 31 laboratory facilities; and 32 33 WHEREAS, groundbreaking for the MACC will commence in 2018 and 34 completion of construction is expected in 2020; and 35 36 WHEREAS, the Project will be funded partially by the City and partially by the 37 Foundation; and 38 39 WHEREAS, the Foundation began a capital campaign in March 2015; and 40 41 WHEREAS, the Foundation has secured a donation from the Joshua P. and 42 Elizabeth D. Darden Foundation in the amount of$2.5 million; and 43 44 WHEREAS, the Foundation has proposed naming the MACC the "Darden Marine 45 Animal Conservation Center" for so long as the building continues to be used for marine 46 animal conservation, education and research purposes; and 47 WHEREAS, the Foundation has also proposed that the name "Darden Marine 48 Animal Conservation Center" be affixed to the exterior of the building and only that 49 name shall be permitted to appear on the exterior of the building; and 50 51 WHEREAS, the Council of the City of Virginia Beach appreciates and supports 52 the Foundation's endeavor to raise funds to support the Marsh Pavilion Enhancement 53 Project. 54 55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 58 That the Foundation is authorized to grant naming rights for the MACC. 59 Specifically, the Foundation will authorize the MACC to be named the "Darden Marine 60 Animal Conservation Center" for so long as the building continues to be used for marine 61 animal conservation, education and research purposes. The aforementioned name will 62 be affixed to the exterior of the building and only that name will be permitted to appear 63 on the exterior of the building. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lynents Aimee K. Sullivan Aquarium and Museums City Attorney's Office CA13644 R-3 October 3, 2016 � `�'" , N =; gi 41•4.1!:::31 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of the City Property Known as Black Duck Inlet, Located at the Rear of 305 Back Bay Crescent MEETING DATE: October 18, 2016 • Background: Marshall H. Groom, Jr. and Jennifer Regan Hoover have requested permission to replace and maintain an existing 22 linear feet of bulkhead upon the City Property known as Black Duck Inlet located at the rear of 305 Back Bay Crescent. There are similar encroachments in Black Duck Inlet, which is where the Applicants have requested to encroach. • Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachment onto City property, the requested encroachment has been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the Applicants' property is feasible and warranted to help reduce long term water quality impacts associated with the proposed encroachment. The Applicants have submitted a plan for establishing a 15-foot-wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement Form, Agreement, Ordinance and Exhibit "A". Recommended Action: Approval of the ordinance. Submitting De, • - 7 • e ency: Public Works/Real Estate COC City Manager 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY PROPERTY 6 KNOWN AS BLACK DUCK INLET, 7 LOCATED AT THE REAR OF 305 8 BACK BAY CRESCENT 9 10 WHEREAS, Marshall H. Groom, Jr. and Jennifer Regan Hoover desire to 11 replace and maintain an existing 22 linear feet of bulkhead upon the City's property known 12 as Black Duck Inlet, located at the rear of 305 Back Bay Crescent. 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Marshall H. Groom, Jr. and 23 Jennifer Regan Hoover, their heirs, assigns and successors in title are authorized to 24 replace and maintain an existing 22 linear feet of bulkhead in the City's property as shown 25 on the plat entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR: MARSHALL H. 26 GROOM, JR. AND JENNIFER REGAN HOOVER LOT 41, BACK BAY MEADOWS" dated 27 March 21, 2016 and noted as"Sheet 2 of 3"and revised through August 3, 2016, a copy of 28 which is on file in the Department of Public Works and to which reference is made for a 29 more particular description; and 30 31 BE IT FURTHER ORDAINED,that the temporary encroachment is expressly 32 subject to those terms, conditions and criteria contained in the Agreement between the City 33 of Virginia Beach and Marshall H. Groom, Jr. and Jennifer Regan Hoover (the 34 "Agreement"), which is attached hereto and incorporated by reference; and 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Marshall H. Groom, Jr. and Jennifer Regan Hoover and the City Manager or 41 his authorized designee execute the Agreement. 1 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 day of , 20_ CA- 13610 R-1 PREPARED: 9/29/16 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ALIO . le 410eccft D.VAki h fir - I BLIC ORKS, REAL ESTATE DANA . ARME R SENIOR CITY ATTORNEY 2 • PLAN VIEW 11 BLACK DUCK INLET SCALE: 1" = 30' r' i CITY OF VIRGINIA BEACH WATERWAY WIDTH FLOOD APPROX. 140' // /EBB jS 67°41"W 75.14' lij 4 4 6.01' 12.43' f/ 3 + I EXISTING BULKHEAD ------------- ------------ --- - - TIE DOWNS ;� LANDWARD LIMITS A 1 58'9" PROPOSED 15'WIDE A-2 39'11" ' RIPARIAN BUFFER / B-1 58'4" w REPLACE 22'OF , �111� B-2 41'0" BULKHEAD IN-PLACE „i r„ B. IIII LINE DISTANCES 1.39' -►/ ( 4.60'/ 1-2 22'0" } , , 2 Sty.SFR 305 g 2-3 73'0" * , 1 567°41'W 2 I, 1 — 3-4 76'1" 25.54' 2.66' w LOT 40 __ ° MAYNARD E.LICHTY - -- - -I N I I I w INS.#200311200193238 - GPIN:2433-32-5429 A I III III LANDWARD LIMITS OF LOT 42 LIMITS OF STEVEN T.HAMMER CONSTRUCTION 20'RIPAIAN BUFFER INS.#20110805000793420 cni Q GPIN:2433-32-3304 N 0 o Li LOT 41 Q INS.#20150720000685890 z♦ o GPIN:2433-32-3399 0 w MB 67,P.45 D Ir CC 0 I- Z CO Z UO 0 0 N 67°41'E 135.00 APPROX.210'TO SAND BEND ROAD BACK BAY CRESCENT (50' R/W) , , SIGMA ENVIRONMENTAL SERVICES.INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: REPLACEMENT BULKHEAD ENCROACHMENT REQUEST FOR:MARSHALL H.GROOM,JR.& WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-0.4' 1929 NVGD JENNIFER REGAN HOOVER LOT 41, BACK BAY MEADOWS REVISED:8-3-2016 DATE: MAR.21,2016 SHEET 2 OF 3 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 a day ofC O-C.0 c do , 201 G , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARSHALL H. GROOM, JR. and JENNIFER REGAN HOOVER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 41" as shown on that certain plat entitled: "Section 3, Back Bay Meadows, Property of North Bay Development Corporation, Princess Anne Borough, Virginia Beach, Virginia," dated July 16, 1964, prepared by W. B. Gallop, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at Page 45, and being further designated, known, and described as 305 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to replace and maintain an existing 22 linear feet of bulkhead, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Black Duck Inlet the "Encroachment Area"; and GPIN: 2433-32-3399 (305 BACK BAY CRESCENT, VIRGINIA BEACH, VA 23456) 2433-32-2156 (CITY PROPERTY) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: MARSHALL H. GROOM, JR. & JENNIFER REGAN HOOVER LOT 41, BACK BAY MEADOWS," dated March 21, 2016 and noted as "Sheet 2 of 3" and revised through August 3, 2016, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 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 2 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 shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, and shall run the entire length of the shoreline as shown on Exhibit A. The buffer shall consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants. The Grantee shall consult with the Department of Planning and Community Development on the composition of plants for the Buffer prior to its installation to confirm plant suitability and acceptance. The buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment and Sustainability Office of the Department of Planning and Community Development when 3 the buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the buffer to the shoreline is allowed. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 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 4 by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Marshall H. Groom, Jr. and Jennifer Regan Hoover, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By c//16,/i/ /-K .4-- Mar.hall .Groom, Jr., Owner By nnife 1 ` .Q, (0, %) Lr J Regain Hoover, Owner STATE OF / �p CITY/COUNTY OF V I 1,A ,`�J( , to-wit: 1J The foregoing instrument was acknowledged before me this 2,7 day of 201C , by Marshall H. Groom, Jr. 41r--- (SEAL) N ry Pu lic `„,,,,!r s r,n:cre oJA Notary Registration Number: 75 J-/6'1 ��U�NNOTARYC��• �'` [ PUBLIC MyCommission Expires: 05/3 _ ' Y C.COMMISSION p 1 �� - s MY COMMISSION r' EXPIRES �y•.%...05/31/2017.....- i: c• am FA LTH c r°ruriuiun*eH,, STATE OF , CITY/COUNTY OF v,1A1 gest , to-wit: The foregoing instrument was acknowledged before me this 27 day of , 2016 , by Jennifer Regan Hoover. (SEAL) Not Public Notary Registration Number: 75('fV 6 ;josNua M <.yy.; NOTARY •• 'j• i l/ PUBLIC My Commission Expires: 05/31 j�/7 _ REG.#75 64 _ n :MY COMMISSION :'L3 %%05/31/2017 05/31 2017 '�•�� 7 "-,„°,4/4„,*---........•••'\ ',„ ALTN O . ,�`` y,,,,,H ,,,w,,,,,� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1i _ C=AI • kitt `�'rl SI-GNAT -E CITY ATTORNEY A U AL-, �.� i ✓. DEPARTMENT 8 • PLAN VIEW ; SCALE: 1" = 30' r BLACK DUCK INLET CITY OF VIRGINIA BEACH WATERWAY WIDTH FLOOD APPROX. 140' 4/JI /EBB, 4' S 67°41°W 75.14' lij 4 6.01' 12.43' 4---/ 3 * 1 EXISTING BULKHEAD ------- -- - TIE DOWNS %t LANDWARD LIMITS A-1 58'9" PROPOSED 15'WIDE A-2 39'11" ' RIPARIAN BUFFER B-1 58'4" REPLACE 22'OF 4 B-2 41'0" BULKHEAD IN-PLACE - B•B. JIIID Ill11 _ LINE DISTANCES 1.39' --0. ( 4.60' ; 1-2 22'0" j ,i 2 Sty.SFR 305 b 2 2-3 73'0" * 1 s 67°41'w 2 — - 3-4 76'1" I25.54' 2.66'1 w w LOT 40 I N MAYNARD E.LICHTY INS.#200311200193238 A t I = GPIN:2433-32-5429 I I I III LANDWARD LIMITS OF LOT 42 LIMITS OF STEVEN T.HAMMER 20'RIPAIAN BUFFER CONSTRUCTION INS.#20110805000793420 GPIN:2433-32-3304 o U w LOT 41 H Q > INS.#20150720000685890 z♦ O GPIN:2433-32-3399 O w MB 67,P.45 P I— o Lu m cc cc 0 I— Z ci) 0 0 0 0 N 67°41'E 135.00 APPROX.210'TO 4 SAND BEND ROAD BACK BAY CRESCENT (50' R/W) E SIGMA ENVIRONMENTAL SERVICES.INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: REPLACEMENT BULKHEAD ENCROACHMENT REQUEST FOR: MARSHALL H.GROOM,JR.& WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-0.4' 1929 NVGD JENNIFER REGAN HOOVER LOT 41,BACK BAY MEADOWS REVISED:8-3-2016 DATE: MAR.21,2016 SHEET 2 OF 3 lip 4-0 Illicwf .N' • M k 41 1 .$ MN ' C GJ n; _ C• i W 4A�A' f Ce A ^W' :•:•-..=., _ u W —% 7 TeV + C £.7 .V r i 191 A: Tift E O 0 I .. c5 0I H M . � mI eni 0_.,.....,,,,,i,"._, ,_ ,. ...,--,-,__„„,,,,.,„ .. p ( M[� i. ► a, a • ca • Ci- O a ,1 ,� ,i,,, . ,', t r 1r;�r ,rrIt ,, +r 'Air••s, 4,r .� t "'4 �r / • • a) f ,,{r. a- c�N i;.. r;rrrl ;l�frr. CD Ce a) 4t ,\ ,T/I•j'/do ?'i V fix ' 3 H l 1 Ct '4.ar-6� _ » c O ;.'17. �1' Y �. tit; �'. 1x -_. f r ... fa S'�rt_ '+3.k-; rs; � --4-:"+4,� Y'� �. -.441~ ,Y••.• • Vugtms:Beach" DISCLOSURE STATEMENT FORM---- The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE gt Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck 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 Plannin .ommission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DNI E: /0l0(/16 NO CHANGES AS OF DA•l E: t(?(f b//6 � REVISIONS SUBMITTED DAl E: /0/07--//b/ - ... c =syr a''� b YJ.� a�-111 _ .-• wr---'�.sh.�s�..r�..��».... '�. 'may `. _.,.� • rginia Beach -- other unincorporated organization, AND THEN. complete the following.-- (A) ollowing.(A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) • (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • 1 See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ei Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ._ 4 Virgin. a Be1C11 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 entitles; 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 e 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) fl1-9--"Accounting and/or preparer of ' f i your tax return n r-------"" Architect/Landscape Architect/ Land Planner C / Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C purchaser,oftthe subject property (identif9 pUrchaser(sT and' - ` purchaser's service providers) M �n' Construction Contractors ErEngineers /Surveyors - ria Q r,dl— — t 6tHq- . ./i-rUt AjogEcc'r tjL- 5 - uCKS( 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. Virginia Beach_ Financing (Include current mortgage holders and lenders �. UU L_ selected or being considered to provide financing for acquisition ---74vrgill / 1 q / or construction of the property) Su,i- r aS Maria t',€ ❑ � Legal Services V gap k Real Estate Brokers/Agents for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have rt___ 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? • CERTIFI ATION: 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 meetin f any public body or committee in connection with this Application. I irt,AA.W r/0 APPLI T' IGNATURE PRINT NAME / DATE 4/kd n p.PROPE OWNER'S SIGNATURE PRINT NAME DAT 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. a, z -�_ �' / Ij n > 1— d ( �� w � OW LToo m 0 moo = 0) N m 0 aw � zW "� 2 M CeOaIxN § C Z Z = W o 120 cu � CU � OwJ � Q2 o QxaWYN L ( CC %� ^ UU = IL Z L �' --8NOR0 � J � � `zcao g CU SANo , r =y 0 o s C Z � Qeh °� C t , \ \ w0z W C f \� � . C • JM1J7 ' L E ��L, O O 0o To 02)I / 760M �, i M CZ iM a +• M CD / N s r ,/� . CL Q Z Q o. °' m L7 C N I - Q 4-1 \ 1 \ vol L ti c U N t •c 3 4-+ U ~ dam II iWv CDJVn.� ZC [ ors.s0 ,11,z,\ I C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the City Manager's Office to Support the Virginia Beach Council of Civic Organizations' Annual Neighborhood Conference MEETING DATE: October 18, 2016 • Background: Each year, the Virginia Beach Council of Civic Organizations holds a Neighborhood Conference to encourage residents to come to together and tackle common issues. This year, the conference will be held on Saturday, October 29, from 8:30 a.m. to 2:30 p.m. at the Convention Center. The City will be a co-host. In addition to supplying speakers from City staff, coordinating event space at the Convention Center and helping with printing and publicity, the City also agreed to pay for the audio-visual equipment and food. We estimate a total cost of providing audio- visual equipment and food to be $10,000. Space in the Convention Center will be provided free of charge. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: It is recommended that City Council transfer $10,000 from the General Fund Reserve for Contingencies to support the Virginia Beach Council of Civic Organizations' Annual Neighborhood Conference. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Date. m- . Agency: City Manager �1:*-u_ City Manage p &p 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE 3 CITY MANAGER'S OFFICE TO SUPPORT THE VIRGINIA 4 BEACH COUNCIL OF CIVIC ORGANIZATIONS' ANNUAL 5 NEIGHBORHOOD CONFERENCE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $10,000 is hereby transferred from the General Fund Reserve for 11 Contingencies to the FY 2016-17 Operating Budget of the City Manager's Office to pay for 12 audio-visual equipment and food for the Virginia Beach Council of Civic Organizations' 13 Annual Neighborhood Conference. 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: c7a271M — David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13659 R-1 October 7, 2016 r4 r:r°`a fir" sL, of of r CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Additional Equipment and Medical Supplies to Enhance Rescue/Medical Capabilities MEETING DATE: October 18, 2016 • Background: The General Assembly established the Four-for-Life Program for the purpose of providing financial assistance to volunteer rescue squads and local Emergency Medical Services (EMS) agencies to fund EMS programs and projects. As required by Virginia Code 46.2-694, the Four-for-Life Program collects an additional four dollars and twenty-five cents from each vehicle registration purchased annually. Twenty-six percent of $4.00 of the $4.25 collected is returned to the locality where each vehicle was registered, for training and necessary equipment and supplies under the Return to Localities Program. The annual total revenue for this program varies slightly each year depending on the number of vehicles registered. Estimated revenue of $375,000 is included in the Virginia Beach Department of Emergency Medical Services' (VBEMS) Operating Budget. Any surplus received is to be accepted and appropriated on an annual basis. By year-end FY2015-16, a surplus amount of roughly $20,042 was received. According to the state code, 30% of the $4.00 portion of the vehicle registration fee is distributed to the State Department of Health to support various programs and services including: emergency medical training programs including basic and advanced life support offered by EMS agencies; activities for recruitment and retention of volunteer EMS personnel; emergency medical services systems development, initiatives and priorities of the State Emergency Medical Services Advisory Board; local, regional and statewide performance contracts for emergency medical services; technology and radio communication enhancements; and improved emergency preparedness and response. The total for training related revenue remitted to each EMS agency varies depending on the number of training courses offered statewide each year. By year-end FY 2015-16, $17,597 was provided to VBEMS for provision of various basic and advanced life support training classes. The state does not have guidelines restricting the use of these funds. • Considerations: VBEMS recommends using these revenues, totaling $37,639, to support training activities and enhance operational readiness of the rescue squads. Examples of anticipated expenditures include training aids, medical supplies, instructional support, workshops and textbooks. The Return to Localities funds are strictly governed by state law to purchase additional or enhanced equipment or for training needs and may not be used to offset current services or supplant current City funding. The Four-for-Life Training funds are not restricted as to their use. In order to use the funds in time to meet the state's expenditure reporting requirements, they should be accepted from the state and appropriated before March 2017. • Public Information: Public information will be provided through the normal Council Agenda process. State funding distributions are announced in the Virginia Department of Health/Office of Emergency Medical Services and Tidewater Emergency Medical Services, Inc. newsletters. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting De artme tlAgency: Department of Emergency Medical Service / ' " City Manager. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE ADDITIONAL RESCUE EQUIPMENT AND 3 MEDICAL SUPPLIES TO ENHANCE RESCUE/MEDICAL 4 CAPABILITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 The following revenues from the following sources are hereby accepted and 10 appropriated to the FY 2016-17 Operating Budget of the Department of Emergency 11 Medical Services, with estimated revenues increased accordingly, to purchase additional 12 rescue equipment and medical supplies to enhance rescue/medical capabilities and 13 training capacity: 14 15 1) $20,042 from the Virginia Department of Health, Office of Emergency 16 Medical Services Four-for-Life Return to Localities Program; and 17 18 2) $17,597 from the Virginia Department of Health, Office of Emergency 19 Medical Services Four-for-Life Training Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f)<2 \v < c )-`7 David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA 13648 R-1 October 7, 2016 ?r f! g-; V,,.w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $40,000 from the Virginia Department of Health to CIP #7-414 Stormwater Quality Enhancements II MEETING DATE: October 18, 2016 • Background: The City of Virginia Beach Public Works Department has been selected by the Virginia Department of Health to receive a Clean Vessel Act Grant for the Owls Creek Boat Pump-out Project. The purpose of the grant is to provide funds to local governments for the planning, design, and implementation of boat pump-out projects that are associated with reducing water quality pollutant loads for nitrogen. The Owls Creek Boat Pump-out Project consisted of the construction of a marine boat pump-out system along with an associated dock. The project was located along Owls Creek between the Owls Creek Municipal Boat Ramp and the Virginia Aquarium and Marine Science Center. Construction is complete for this project, and the City is eligible to receive $40,000 in reimbursements for the Owls Creek Boat Pump-out Facility. • Considerations: This project is included in the Stormwater Quality Enhancements II program (CIP 7-414). There is sufficient local funding within this project to satisfy our required match. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Award Letter and Ordinance Recommended Action: Approval of Ordinance Submitting Dep - en : : -ncy: Public Works0C City Manager: ♦ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $40,000 FROM THE VIRGINIA DEPARTMENT OF HEALTH 3 TO CIP # 7-414 STORMWATER QUALITY 4 ENHANCEMENTS II 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $40,000 in state revenue is hereby accepted and appropriated to CIP #7- 10 414 Stormwater Quality Enhancements II. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Roderick Ingram Budget and Management Se ices City Attorney's Office CA13654 R-1 October 4, 2016 K. PLANNING 1. ALEXIS DEVELOPMENT, LLC / WILLIAM K. and ANNE WRIGHT for a Subdivision Variance re single family dwellings at 221 76th Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: DEFERRAL PLANNING COMMISSION RECOMMENDATION: APPROVAL 2. BRYON HARRINGTON, SR. /JOSEPH HARRINGTON, JR., KIRK HARRINGTON, SR., BARBARA CASON, LORETTA HARRINGTON and AVIS BLUE for a Change of Zoning from AG-2 Agricultural District to R-20 Residential District re single family dwellings at 2597 Leroy Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. ZOBSTER AUTOMOTIVE, LLC / BEACH HOLDINGS, LLC for a Conditional Use Permit re an auto repair garage at 5772-D Arrowhead Drive DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. JOYNT ENTERPRISES, INC. T/A PEMBROKE AUTO SALES /HD HOLDINGS, LLC for Conditional Use Permits re vehicle sales, rental and auto repair at 3825 Bonney Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. GEE'S PROPERTIES, LLC for a Conditional Use Permit re mini-warehouse at 4740 Baxter Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. THE TAR ROOF, LLC / BURROUGHS FAMILY REVOCABLE TRUST for Conditional Use Permits re an open air market and assembly use at 1791 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. HARRIS TEETER PROPERTIES for a Conditional Use Permit re fuel sales at 2105 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH An Ordinance to AMEND Sections 210.2, 2210 and 2211 of the City Zoning Ordinance pertaining to Definitions of Sign Types, Sign Regulations and Sign Design Guidelines for the CBC Central Business Core District RECOMMENDATION: APPROVAL rOP ? 's� 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,October 18,2016 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 2-KEMPSVILLE ZOBSTER AUTOMOTIVE, LLC / BEACH HOLDINGS, LLC Conditional Use Permit (Automotive Repair Garage) 5772-D Arrowhead Drive(GPIN 1467030703) DISTRICT 5-LYNNHAVEN JOYNT ENTERPRISES,INC.T/A PEMBROKE AUTO SALES / HD HOLDINGS, LLC Conditional Use Permits (Motor Vehicle Sales & Rental; Automobile Repair Garage) 3825 Bonney Road (GPIN 1487330781) DISTRICT 4-BAYSIDE GEE'S PROPERTIES, LLC Conditional Use Permit(Mini-warehouse)4740 Baxter Road (GPIN 1477302217) DISTRICT 7-PRINCESS ANNE BRYON HARRINGTON, SR. / JOSEPH HARRINGTON, JR., KIRK HARRINGTON, SR., BARBARA CASON, LORETTA HARRINGTON & AVIS BLUE Change of Zoning(AG-2 Agricultural District to R-20 Residential District) 2597 Leroy Road (GPIN 2404410422) Comprehensive Plan:Transition Area. Proposal for 2 units (density of 1.8 units per acre). DISTRICT 7-PRINCESS ANNE THE TAR ROOF,LLC/BURROUGHS FAMILY REVOCABLE TRUST Conditional Use Permits(Open Air Market,Assembly Use) 1791 Princess Anne Road (GPIN 2413021294) CITY OF VIRGINIA BEACH An Ordinance to Amend Sections 210.2, 2210 and 2211 of the City Zoning Ordinance, Pertaining to Definitions of Sign Types, Sign Regulations in the CBC Central Business Core District and Sign Design Guidelines for the CBC Central Business Core District DISTRICT 5-LYNNHAVEN ALEXIS DEVELOPMENT,LLC/WILLIAM K. AND ANNE WRIGHT Subdivision Variance (Sections 4.4(b)&(d)of the Subdivision Regulations). 221 76,^ Street (GPIN 2419577124) DISTRICT 7-PRINCESS ANNE HARRIS TEETER PROPERTIES Conditional Use Permit (Fuel Sales) 2105 Princess Anne Road(GPIN 241412986) All interested parties are invited to attend. Ruth Hodges Fraser,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 MtLLzwww_vbgov.com/uc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: OCTOBER 2&9,2016 . . , ......... , •;.' .••, \ LCC 1 \ ... ..........,. .. .... ‘.6 \‘ ' ' \ ,-- 1 1, ...1 \__ - c----‘-' „.._ ,„ , sA , -.1 \ - '' i ' L--: - t, \ ------- 1\ it vOli \ \ -___-• . L,) _,.i _-.-- .____--- . , OS.%- k i . 1__., , fiti ---- cri, ....... ..... 10 \:,.. 4,0 .________--- _,....21 ..-- . t„, ce _..1 _....,_, u----:-__ (3 ..., ___ , _, - . rk SA Aft - ,001111s4 \-,=------* . , , r-1 1111 __..... .-- , %u . ..--- k r\ Ve' Z ' „_ '- _- 0 --,i- \-5---W-\' ---- -4----„,"arf- ._-- - -----1 No, CZ--1---- ,-----1.. ,t L... ...--... k \ \-- -'-' ....... rim $ Ms y 7 (fi . rr i7 si • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALEXIS DEVELOPMENT, LLC [Applicant] WILLIAM K. AND ANN S. WRIGHT [Property Owners] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 221 76th Street (GPIN 2419577124). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: October 18, 2016 • Background: The applicant requests a Subdivision Variance to subdivide the existing 20,000 square-foot lot into two 10,000 square-foot lots. Two single-family dwellings are proposed for each lot. The proposed lots have a width of 50 feet, instead of the 75 feet that is required in the R-5R Zoning District for the development of two single-family homes on one lot. Thus, a Subdivision Variance to lot required lot width is requested for both proposed parcels. This application was deferred by the Planning Commission on August 10, 2016 to provide Staff additional details related to the proposed site layout and renderings of the dwellings. As this information had not been provided prior to the date that the Staff reports were completed and available for public review, Staff recommended deferral of this application. The day prior to the Planning Commission public hearing, Staff received the requested information and then presented it to the Planning Commission during the Staff briefing. Based on this, the Planning Commission decided to consider the application. • Considerations: The North End Overlay District, adopted by City Council on November 17, 2015, offers the opportunity to develop two single-family dwellings on one site, provided certain design criteria are met. The proposed development meets the intention of the North End Overlay and is consistent with the character of the surrounding neighborhood. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff Report. There was no opposition to this request present at the Planning Commission hearing; however, Staff received letters of opposition from several citizens. It is Staffs understanding that the applicant has contacted the concerned citizens and has resolved all issues. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 7-0, with the following conditions. Alexis Development, LLC Page 2 of 2 1. When developed, the site shall be developed in substantial conformity to the submitted site layout entitled, "A NEW RESIDENCE FOR JOHN MAMOUDIS, 221 76TH STREET, VIRGINIA BEACH, VA," dated September 1, 2016. 2. When developed, the single-family dwellings shall be constructed in substantial conformance with the submitted rendering entitled, "Agenda Item D2: Alexis Development, LLC, Proposed Renderings," dated September 13, 2016, and prepared by Folck West Architects. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Deferral. Planning Commission recommends Approval. Submitting Dep• m- •• agency: Planning Departmen+r----- City Manager: t Applicant Alexis Development, LLC Agenda Item Property Owner William K. & Ann S. Wright Public Hearing September 14, 2016 city./ City Council Election District Lynnhaven D2 Virginia Beach Request Subdivision Variance (Section 4.4 (b) of the ,9,h Scree Subdivision Regulations) ,9,h Sneer Staff Planner "�h Ireef Kevin Kemp ,b,h 75 Location 221 76th Street GPIN 2419577124 �p,h Slreet 691h Strect Site Size 6911,Street 20,000 square feet AICUZ 66Th Street Less than 65 dB DNL 65N`ureet Existing Land Use and Zoning District Single-family dwelling/ R-5R (NE) Residential Surrounding Land Uses and Zoning Districtsi ',,tfr r--- - North Nr Single-family&duplex dwellings/ R-5R (NE) 5, 1;cr,,, ice" t Residential z Y k. South ` d 76th Street , 4 , <.i...r Single-family&duplex dwellings/ R-5R (NE) = ' '.' ' 4. Residential East ,. NA it,. ,:t 44 Single-family& duplex dwellings/ R-5R (NE) "' ,6 'Street c .e � •.: r. Residential i West \ . First Landing State Park/P-1 Preservation ,1! Vt " street f !"5 *Text that has been stricken through has been removed from the August Planning Commission Staff Report. The red colored text has been added to the August Planning Commission Staff Report, following the September Planning Commission meeting. Alexis Development, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This item was deferred from the August Planning Commission meeting to allow the applicant time to produce elevation drawings and a more detailed site plan showing the layout of the proposed dwellings.These items were furnished by the applicant at the September Planning Commission meeting. • The plat creating the subject two lots was recorded with the Clerk's Office on March 31, 1972. • Each of the lots are 10,000 square feet. A 15-foot wide portion of Lot "B" extends to the east of Lot "C" and provides access to 76th Street. • The recorded plat notes that the use of Lot"B" shall be for only one single-family residence, although the applicant states that they have legal documentation that the lot can be developed by-right with a duplex dwelling. • The applicant wishes to record a plat with the Clerk's Office to allow for the property to be subdivided so that each of the two lots can be developed with two single-family homes. • A Subdivision Variance to the required lot width is requested for both proposed lots. Each of the lots will have a width of 50-feet, instead of 75-feet as required in the R-5R Zoning District for the development of two single- family homes on one lot. • Both of the proposed lots will be 10,000 square feet, which is the required minimum lot area to develop a site with two single-family dwellings in the North End Overlay District. . •- . ..e _ •- . -. d to meet all dimensional setback requirements for the North End between the homes(16 feet). • The footprints of the units closest to 76th Street for both will be 1,678 square feet. The rear units will have a footprint of 1,798 square feet.The proposed location for all four units will meet all applicable setbacks, lot coverage requirements, and impervious cover requirements. District. Specific requirements of the North End Overlay include: dwellings shall not be taller than 35 feet or be located between the street and the front of the dwelling or porch. • The submitted elevation drawings for the homes depict two-and-a-half story home. Each of the homes will incorporate a front porch. The requirements of the North End Overlay District will be adhered to, and elevation drawings will be evaluated by Staff prior to issuance of final site plan approval. Alexis Development, LLC Agenda Item D2 Page 2 \R SR(N 1E) StCeet � R_5R(NE) — Zoning History # Request P1 1 SVR(Approved 07/12/2016) Street ?6Th 15- 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 site as being in the Suburban Area, Suburban Focus Area (SFA) 7 - North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R). Moreover, the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs) for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used. (p. 3-24) Natural and Cultural Resources Impacts The site is located within the Atlantic Ocean, Small Coastal East watershed.The site is directly adjacent to First Landing State Park.There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic No existing traffic No traffic data is available for Existing Land Use z-10 ADT1 76th Street counts are available this roadway Proposed Land Use 3-40 ADT1 for this roadway 1 Average Daily Trips 2as defined by one single- 3 as defined by four single-family family dwelling dwellings Alexis Development, LLC Agenda Item D2 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 76th Street in the vicinity of this application is considered a two-lane undivided residential cul-de-sac street.The roadway is located within an 80-foot right-of-way. 76th Street is not included in the MTP.There are no CIP projects slated for this area. Public Utility Impacts Water The site currently connects to City water. There is an existing four-inch City water line on 76th Street. Separate water service lines will be required for each lot. Sewer The site currently connects to City sanitary sewer.There is an existing eight-inch City gravity sanitary sewer main along 76th Street. Separate sanitary sewer service lines will be required for each lot. Evaluation and Recommendation This Subdivision Variance is requested to allow the applicant to re-subdivide two existing lots such that they can be developed with two single-family homes.The North End Overlay District, adopted in November 2015,gives the opportunity to develop two single-family dwellings on one site, provided certain design criteria area are met. The existing lot configuration makes it difficult dimensionally to develop the site with two single-family homes. The applicant has worked through several lot configurations with Staff, civil engineers and an architect to develop the submitted proposed site layout.The submitted site layout shows a property line running north/south and dividing the lots equally. Both lots will maintain access to 76th Street. recommended with this report that states the homes will meet all required setbacks and design requirements of tie • •. e . . . • projects in the North End and is familiar with the specific requirements that will need to be met. The submitted elevations by the applicant depict aesthetically pleasing homes that conform to the beach cottage aesthetic that is desired with new development in the North End.The applicant has presented the proposed renderings of the homes the North Beach Civic League for revue and there is no opposition from that group. Development of lots with four single-family homes, instead of two large duplex dwellings is desired by the North End Civic League. The proposed development of the site meets the intention of the newly adopted North End Overlay, and is consistent with the surrounding neighborhood. The subject lot is located at the terminus of 76th Street and is adjacent to First Landing State Park, and therefore is not expected to have an adverse impact on the adjacent properties.This proposed Subdivision Variance is consistent with other requests in the North End that have been approved, and therefore Staff recommends approval as conditioned. Alexis Development, LLC Agenda Item D2 Page 4 Recommended Conditions 4, When developed, the site shall be developed in substantial conformity to the submitted site layout entitled, "PROPOSED RE SUBDIVISION FOR SUBDIVISION VARIANCE," dated August 1, 2016 and prepared by Kellam Gerwitz, such that the single-family dwellings shall meet all applicable dimensional requirements of Section 506, North End Overlay District, of the Zoning Ordinance. 1. When developed, the site shall be developed in substantial conformity to the submitted site layout entitled, "A NEW RESIDENCE FOR JOHN MAMOUDIS, 221 76TH STREET,VIRGINIA BEACH, VA," dated September 1, 2016. -- -- • - • .... • ..... •_ , • District, of the Zoning Ordinance. Prior to the issuance of final site plan approval, the applicant shall submit renderings of the proposed home for review and approval by the Planning Director. 2. When developed,the single-family dwellings shall be constructed in substantial conformance with the submitted rendering entitled, "Agenda Item D2: Alexis Development, LLC, Proposed Renderings," dated September 13, 2016, and prepared by Folck West Architects. 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. 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' .., - .. . - 1 r-ri r : '''7, • '-..-.„--',-.,.,,,,,:!.": . ,''''.• „', ';',i,pf' • '': ' ' .r:-T„,',-';‘•tk''',. 11111.1111"Irl'. !nil r v.,:l..,..,„.,.:,.: ____........ ,i,..4 ., „.,. 1113',41,i',;-, I ' . , , r= '• . .,.„3. '',4dt,trjj..; I. rrr•-.•:-.- „-: . • •' 11-,•-• „ • . ,,o, , , . .., . ._. ,...... , 'f..'--r: • —,- ! . ., . , Alexis Development, LLC Agenda Item D2 Page 9 Proposed Site Layout i M/a , 08 -.o L N < u x Y }4. N N a W .7 , 0'00 M ,0f.b8 S W # 1 :: ° 1 I ,0OS1.. 'I r lie cc W . a V , .4- I 0 m ce Iii:,. I a C:: 4— w cez. • a , z . C7 ... 0 11 z 0 • i I W « 5 • V m 1 ]Y I Q nm o - j$W. W I $ a_ Y m z. rm $ a a:-.,1 WO 6,45 o W N 1— Qi ( I \. tin> I ; Q Z 0 W i._.. I ` C'''' ..... U 4 in o ul < I Ce 0 .; I I 0 oq Q x<z I I yay �l o _ _/� D > O CI W�. . 1..- O I � V I O Z U mI z ' 0 ' Q LW W �J' z 1� 1 N W o .�- Y ...y-I g J > wr,i< _ . 10 " I , 6 I0. 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HA IAd • ' q✓ . n . !. $ ' q O -w es,_t� � tA, sn , :41_i s _ - "x4t � t. ., ,fir 95 'r M 4.., Alexis Development, LLC Agenda Item D2 Page 11 Disclosure Statement NIA3 \S:gitlia Beal, APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property 1 Disposition of City I Modification of } by City Property Conditions or Proffers 1 Alternative Economic Development Nonconforming Use j Compliance, Special Investment Program ' Changes Exception for (EDIP) _ Board of Zoning IEncroachment Request 1 1 Rezoning I Appeals L - —{ Certificate of ' Floodplain Variance j Appropriateness -_ i Street Closure (Historic Review Board)_ Franchise Agreement i _ _ r Chesapeake Bay j i Preservation Area I Lease of City Property i , Subdivision Variance Board I 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 JIM C Itv utt (ANLL . .. , Page 1 of 7 KI No .,,,,c FS, `.. '_4/',//0 -.-. , A, Ki& IP Kevin Kemp Alexis Development, LLC Agenda Item D2 Page 12 Disclosure Statement Vil Virginia Beach Check here if the APPLICANT_ISNOT a corporation, partnership, firm, business. or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. 1 ,� (A) List the Applicant's name: �f//e XI 91/L� 1 COV EN/7, LLC-_ 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 P SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner-is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name_____.- ___._--- - - If an LIC, list the member's names A to t7 s. t. :?. 1,'s __,l11�. V-__t.,l Page 2 of i Alexis Development, LLC Agenda Item D2 Page 13 Disclosure Statement NA3 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 r 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. (iii a controlling owner in one entity is also a controlling owner in the other entity, or lin) 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 tobe_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 SFPERATELY Page 3 of 7 Alexis Development, LLC Agenda Item D2 Page 14 Disclosure Statement M3 APPLICANT Virginia Beach YES I I NO% SERVICE PROVIDER ruse additional sheets it needed) Accounting and/or preparer of —/7 ___ your tax return Architect/Landscape Architect/ ? 1 �r/'� Fold(West Architects Land Planner 1�/(,'l7 I'd . Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Ipurchaser of the subject property III (identify purchaser(s)and H/ purchaser's service providers) rv( on ntractors 1 • Engineers i/Surveyors/eyors/Agents / Financing(include current Accordingto the Applicant,there is no mortgage holders and lenders pp i selected or being considered to financing for this project or his company. 4/ provide financing for acquisition 10/12�2016 riLegal Sery cesor construction of the property) i U ;mLldie 4 1 Real Estate Brokers / �/ 1[ L I Agents/Realtors for current and 1 r fi• L�� t anticipated future sales of the i i/tjroperty � (Lti'I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest nterest 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 a of Alexis Development,LLC Agenda Item D2 Page 15 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 me• g o any public body or committee in connection with this ,y, ation .41 •'P ,'J IPS SIGNATURE PRINT NAME DATE / .►i Page 5 of 7 Alexis Development, LLC Agenda Item D2 Page 16 Disclosure Statement NB OWNER Virginia Beach YES NO SERVICE � PROVIDER fuse additional sheets if needed) Accounting and/or preparer of your tax return 1 Architect/Landscape Architect/ Land Planner ' Contract Purchaser(if other than pthe Applicant)- identify purchaser 1 and purchaser's service providers i Any other pending or proposed Rj purchaser of the subject property I (identify purchaser(s)and ' purchaser's service providers) 1 [' Construction Contractors i - - [' I Engineers/Surveyors/Agents . Financing(include current rw 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 / Agents/Realtors for current and anticipated future sales of the ! subject property O..'._....... .>e.._..:._.......w...._w_.._.... ... ...z ...........w�.«...,.. ..:w......,..,.Awa.a..+�....-...�.........e......«T._...._...�.._.,r..•....:y SECTION 4. NOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have ' an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of tate interest? Page 6 of 7 Alexis Development, LLC Agenda Item D2 Page 17 Disclosure Statement 7VB Virginia Beach CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. - : . ,v mac: :t � - • TSN � W fi ; fit/ PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Alexis Development, LLC Agenda Item D2 Page 18 Item#D2 Alexis Development, L.L.C. Subdivision Variance 221 76th Street District 6 Beach September 14, 2016 REGULAR Jan Rucinski: The last item on the agenda today is item D2,Alexis Development, L.L.C.,which is an application for a Subdivision Variance to Section 4.4(b) and (d)of the Subdivision Regulations on property located at 227 76th Street, District 5, Lynnhaven. John Richardson:Thank you Ms. Rucinski. Mr. Hodgson, my name is John Richardson. I am a local attorney and I represent the applicant in this matter, as well as the developer of the property. Mr. Bright, Mr. Mamoudis are both here with me here today. The matter before you at the last Planning Commission meeting, and was deferred so we could provide drawings for both structures,which was done, although we didn't'get the drawings to Staff until yesterday because Mr. Mamoudis wanted them to be in color for Staff. We did give the North Beach Civic League Zoning Committee,which met and had no opposition to our structures, black and white renderings,which look more like this as opposed to what you see. It is the same structure but just not in color. So, Mr. Mamoudis wanted them to be in color and that is the reason in the delay getting to the City Planning Department yesterday. As I said, North beach Civic league had no complaints with this. They are aware we could build as of right to 7,000 square-foot duplexes and we are going to build 3,000 square-foot cottages so they regard that as a positive for the North Virginia Beach area. It is the type of zoning,the type of use I should say,they deserve a level of design to encourage and that is what we're trying to accomplish here. I'll be happy to answer any questions or concerns that the Commission may have. Jeff Hodgson: Does anyone have any questions for Mr. Richardson? I have one. Are all four elevations going to be the exactly the same and just mirrored on the opposite side? John Richardson: Yes,to my knowledge. Yes sir,they are. Jeff Hodgson: Is there anybody else? Thank you sir. Ronald Ripley: John,you did exactly what we asked you to do, and I think you've got a good plan, goo elevations. The dilemma we have here is that these things didn't show up until yesterday. John Richardson: Yes sir. Ronald Ripley: And there were people who were in opposition in some form or fashion, and the notice that went out. This is a gray area. You had a notice of a public hearing. It was all put out as you would in any public hearing. All the notices were sent properly but when the application was posted on site, on line,this was shown as being deferred because the information had not been submitted. And, so we got a couple of letters here where people are saying they want it deferred and we talked about it in internally too, because this is a public process. Again, I was perfectly happy with the use was planned to Item#D2 Alexis Development, L.L.C. Page 2 be, and I'm glad to see the design. I know you got a good design. I know the elevations look good, the layout, etc., I got a question about it. Other than that, so it is something we're going to have to discuss up here and decide what to do and don't do, if we ask you to defer it another 30 days. It may come out of this or not. I don't know. We have to talk about this because it is a public notice. John Richardson: Yes sir. Ronald Ripley: Okay. If you want to add anything to that we will happy to listen to it. John Richardson: Only that the North Beach Civic League and the zoning committee met and we presented the plans to them. There was no opposition there and that was an open meeting,so the public had the opportunity to appear to be heard fi there was any concern. The lady that was here last time was concerned about drainage but the drainage grid,the draining facility is not on our property and we explained that to her. Ronald Ripley: Sure. John Richardson: She was concerned this would cause more backing up of water and it already backs up there, and Mr. Wright, when he lived there had to go ahead and clean that storm drain out routinely but that was the only concern that we heard. It has been nothing but encouragement because of the more friendly use we're making of the property than the big box duplex. Ronald Ripley: I had no dilemma when this thing came and is there people that want to be here too to discuss it are not here. What is killing me is to defer this and have somebody show up next month. I'm frustrated about delaying you in the process and your applicant the process. But we got to talk about it. Jeff Hodgson: Did the surrounding neighbors get a copy of the elevation,the immediate neighbors? John Richardson: Actually, I don't know. This is John Mamoudis Mr. Hodgson. He is the developer. John Mamoudis: Good morning. To answer your question,yes. This was fully vetted through the North End Civic League between last month's hearing with you all and today. And, part in partial of this and I'm not going back in history, but at the end of the day, I took a path. This was a subdivision. I was reducing that massive use of two duplexes down to four single-family. I was serving the steak the way the customer wanted me to cook it. And I'm happy about building four single-family.Trust me, I'm not trying to do the easiest thing here. The tract that we took was via the advice of the North End Civic League, and then there were some folks that came out of the wood work so to speak and said we didn't like this and we didn't that. They then vetted themselves or were vetted back through the North End Civic League to these drawings. I don't see anybody here today. And I know we're on camera and I know about how people sometimes didn't get information in time and have a voice and an opinion but my sign has been up for two months. It has been vocal. We have party every Friday afternoon or every other Friday afternoon with all Beach folks and there are 3 or 4 blocks. And everybody had been supportive of this for the simple fact that I am reducing from duplexes to single-family. If somebody comes out today and just wants to digress again about the process. When we left here last month, I immediately employed Jerry West my architect to get starting on these drawings ASAP. And some of you folks are developers are builders yourself and you know that to develop a concept like this, 30 days Item#D2 Alexis Development, L.L.C. Page 3 is a quick time to do that. I have an obligation per contract with my seller that I have to uphold. I was doing everything that I could haste, and move this thing along today,and let it where we were. We brought the drawings yesterday, correct.We could have gotten them in there day earlier. I wanted to have some color to them.That was my fault, but the concept drawing and the lays out were presented to the public and I know it doesn't' seem like that and I know you need to cover your basis when you're making decisions on the public behalf. I fully understand that. But at the end of the day, I really think that we half done that. Now, my only option to offer you guys is if you would let this continue on it course, I can stay on my timing. If there is opposition, if there is somebody we got stepped over. We will be glad to meet with them, present or drawings and of course, make the adjustments if need be at that point in time. Nowhere in this process have tried to circumvent it,jam anything down anyone's throat or do anything that I've been doing for 30 years and coming to this podium and doing various things. In my career. I know that process. Staff has been very helpful in accommodating us, and considering us. I understand their process in what they have to do. But at the end of the day,there is our side of the story. And that is what it is. I appreciate your consideration. It is very important to me. It is very important to me to give the North End Civic League and the north end patrons what they want. They want single-family down there. This is an opportunity. And, I must say,from a business perspective to come here or go through the processes of approvals,a height restrictions,design criteria, all the things that the North End Civic Overlay now impact some with is an uphill battle sometimes. I could have just walked and without any approvals asked and got my site plan put together and built duplexes without any approval. That is not what I want to do. I want to do what I am presenting here today. So thank you. Ed Weeden: I jut need your name for the record. John Richardson:John M A M O U D I S Ronald Ripley:John, both of you guys. John Mamoudis: Yes sir. Ronald Ripley: Chris Stone was here last time. He was talking on behalf of the Civic League. Was he not? John Mamoudis: Are you talking in opposition? Ronald Ripley: Well, he wanted to know more about what it is going to be and wanted to see elevations and those kinds of things. Was he part of the process? John Mamoudis: Yes he was. My understanding,the two folks that came last time,and I don't mean to kind of play poker here, but they both live in duplexes. And I'm creating single-family. So that being said, both of them were contacted after that meeting and told of what we were doing, and apprised via email through Mr. Billy Almond,Jerry West, and the Zoning Committee of the North End Civic League. Drawings were sent out to them and they were made apprised. They were apprised of what we doing. And if the record,and if I could remember, his objection at the time was he was concerned about the tree being removed from our property. Where he is situated, is one of the most beautiful live oak trees Item#D2 Alexis Development, L.L.C. Page 4 in Virginia Beach. I'm trying my darnest not to take that tree down, but I can't guarantee that. So,that was his only concern at the point in time. Ys sir,we did address him. Dee Oliver: John? Jeff Hodgson: Ms. Oliver. John Mamoudis: Yes Ms. Oliver Dee Oliver: Joyce Walsh,tell me about the emails from her today. John Mamoudis: Okay. Dee Oliver: Asking. She has not seen anything as of the 13th, has not seen any plans, and so she is on the street, so that's.. John Mamoudis: If I am not mistaken Ms. Oliver, she is one of the neighbors. Did she not come last month? Dee Oliver: I don't know. I don't know if she came or not but from the threat of emails, and you couldn't have just emailed her back. John Mamoudis: We'll be glad to meet with Ms.Walsh. Dee Oliver: Don't get me wrong. This is beautiful. It is exactly what we love to see up here. With the public thinking that was under the impression because it was going to be deferred, we need to be as transparent as we possibly can with these types of applications, otherwise. John Mamoudis: I hear you. I don't'want to put this Commission in a box. I don't want to do that, but I do want you to, and obviously there is another step here with the Council,and I'll be glad to meet with this person and discuss any details that she might have as a concern. But again, by right, I can build two duplexes and not have to talk to her. I'll be glad to and do whatever we need to bring her into her fold if we have missed her in this process. But I will say this. I rely heavily on the North End Civic League that is pretty active and thorough in their approach to these things.They just don't send those letters.You have a letter I think in your file,they sent as approval. Again? Dee Oliver: Don't misunderstand. This is beautiful. Everything you ever built is lovely and really just a great addition to the City. John Mamoudis: Well,thank you. I appreciate that. Dee Oliver: But this is a gray area as Mr. Ripley stated. Ronald Ripley: We'll talk about it in a few minutes Jeff Hodgson: Mr. Redmond, do you have a question? Item#D2 Alexis Development, L.L.C. Page 5 Dave Redmond: I just want to push back on one thing a little bit. I do not place everything on a civic league. My civic league doesn't speak for me,and Mr. Ripley and I live in a neighborhood of 1600 homes,and they are typically 30 people at our civic league meeting. So,the notion that the civic league has signed off on it, and they are have discussed it with them, that is not the neighborhood, at least it isn't in my neighborhood, and I think sometimes we fall into this habit where we think civic leagues as many governments and representative folks, but nobody but nobody speaks for me. And to talk to somebody that suggests they do, I have an issue with that. I think that is pretty much everybody. These are volunteer neighborhood associations they are not empowered in some way to negotiate on behalf of people. I just think we need to keep that statement clear, and I am glad that you did but I don't think that is everything. John Mamoudis: And, I hear you. And that is why I mentioned earlier, I will be glad to me any and everybody between now and Council, and address any issues they may have. I just want you to hear from me because what I am trying to do, and I think at the end of the day, it is a betterment to this neighborhood, and I'm sorry, if something is not just so in the process, but at the end of the day, I think we took a pretty good swing at the ball trying to make sure that everybody was brought up to speed on this. Bob Thornton: John, I think what you've done is exactly what we asked you to do. What we have to be careful of is there is a due process we have to go through, and if this one person or two people want to be heard publically, it is their right. It more than likely will not change the outcome of this event because we all are pretty much,from what I hear,just listening to the conversation, like what you presented to us but we can't sacrifice the due process because of your timeline. If this gets deferred for 30 more days, what harm does that do you? You've probably have bene messing with this for two years, I would guess,or at least a year. A 30 day deferral will wreck your train? John Mamoudis: I almost like to ask you that question on any real estate deals, everything has impact. We're coming into the winter months and the normal process, I would be starting construction after the first of the year, and instead of starting in January, I would be starting in February. Bob Thornton: What I would hate to see happen is if we approve it,and then these people that feel like they got shorted in this process,they are going to show up at the City Council meeting, and then they might not take too kindly to it, and you might get a different outcome,you may not,you may. So, if it comes from us approved, and clean, and people have heard it, it seems to me like it would be in your best interest to let the process play itself out. I would hate for us to send it forward with a 7-0 vote if we got that today,and then these folks show up at the City Council with their hair on fire saying we didn't get heard, and City Council looks at this and changes their mind or changes and they don't' always go along with us. We see that from time to time, so; I'm just offering that as a suggestion, and as soon as we clos the public hearing,we'll debate it. Jeff Hodgson: Is there any other questions before we close? Okay.thank you. John Mamoudis: Thanks. Jeff Hodgson: We'll close the public and open it up for discussion. Item#D2 Alexis Development, L.L.C. Page 6 David Weiner: I'll start off. Jeff Hodgson: David. David Weiner: Going back a couple of weeks ago when it was first advertised, it was not deferred but since then the elevations didn't come up, it does say deferred and that is what people are reading but Mr. Macali, my question is to you. We are not going to let you walk away without getting involved for your last meeting here. What options do we have? Is there an option or can we still vote on it? Bill Macali: the meeting was advertised properly so you can make a decision.There are really no legal consequences either to making a decision or deferring. Either one,you have that option. It is just a question of how comfortable the Commission feels about having and, it really wasn't a public notice or anything like that, but the material that said it was deferred,getting into the hands of people who may have otherwise appeared here, persuading them from appearing today, so it is really just a question of how comfortable you feel proceeding the other way. Jeff Hodgson: Mr. Redmond. Dave Redmond: I'm comfortable proceeding. Jeff Hodgson: I am too. Dave Redmond: I'm not just saying that but I am reading these emails from Kevin to these folks who are on here and he is describing it and says, "Thanks for reaching out. Staff just received modified drawings yesterday afternoon. Staff is recommending deferral as we did not get the drawings in adequate time. The applicant is going to come to Planning Commission to plead their case". That does not say it is deferred. The second one he says,just to paraphrase anybody, "staff is recommending deferral of this application, however,the applicant will be present and wishes for Planning Commission to hear it the item". I don't think that is misrepresenting in any way. What's happening here is and as we have been talking it's occurred to me that this is going to City Council in something like 60 days. It is anything but a bum's rush. For what I think now is a complete application, and it really boils down to that question of what kind of structure goes on the site. So, I don't'think it's complicated. There will be folks,who will support it, and folks who will oppose it, some will change, some won't. I don't think it is all that complicated. And I think very frankly,there were some folks who were told very clearly that the application is going forward. I mean this morning, I was very concerned that nobody be upset that they didn't get the opportunity but it has been properly advertised, and specifically in these two incidences, the conditions that the applicant has just stated. I think we are probably there. Jeff Hodgson: I don't'want to repeat everything you just said but I agree completely. This morning I was thinking this should be deferred hearing the applicant, looking at eh produce they are going to be putting up there is considerably better than having the two gigantic duplexes there. I can't imagine the neighbors preferring that over this. We've got 30-60 days before it goes to City Council. If there is a couple of voices that feel like thy didn't'get heard, we told make a recommendation to Council and if the applicant is asking for us to do that, and risk a couple coming out of the woodwork,and saying, no, which I think he is, I'm willing to move this forward at this point. Time is money. And, winter is Item#D2 Alexis Development, L.L.C. Page 7 approaching and I hate to string it out any longer. Mr. Ripley? Ronald Ripley. I agree with you too. It is a gray area and we all know that but it is not that gray. We heard it completely last month, and the only thing we were missing and we asked them to provide and they did. It is only a little late is these elevations. They seem too acceptable to everybody.They are to me. I think he did what he said. I am sorry it was just so late and this little stubble on the toe. It is the just way the information was posted on line, I guess,this printing this morning. I'm inclined to recommend that they move on. If anyone as issues,get with them between now and Council and look at it. Jeff Hodgson: Is there anybody else? Mr. Redmond? Dave Redmond: I do want to get that central point though which these applications are always weird what it boils down to. It is as you suggested and as the applicant suggested when they want single- family houses or do you want to big duplexes? And sometimes you have to get it created in order to get the more desirable product. That in the end is what I am always looking for is the most desirable product,the highest quality product, and I think this plan serves that better than what this applicant or the current owner or any other applicant can do by-right. I look you end up with a better product that better serves the community as a higher is a better contribution to build an environment.Any of the degree with regards, out of the site plan,or these elevations that any of the particular any of the most immediate neighbors or the folks of within that community are incline and want to try and to make. There is plenty of time to meet with applicant to vet that to city council so I'm too uncomfortable with it, and I would be in support of the application. Jeff Hodgson: Is there anybody else? Mr.Thornton? Bob Thornton: I move that we approve the application. Nobody has made any changes in the conditions. Kevin? Kevin Kemp: If you make that motion, did you want to include a couple of conditions just to condition it to the site plan with elevations? Make sure that is on public record. Bob Thornton: Approve it,subject to the site plan and elevation submitted by applicant. Jeff Hodgson: A motion made by Commissioner Thornton. Dave Redmond: Second Jeff Hodgson: A second by Commissioner Redmond. We're ready to vote. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT Item#D2 Alexis Development, L.L.C. Page 8 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE Ed Weeden: By a vote of 7-0,the Commission has approved the application of Alexis Development, L.L.C., subject to site plan and elevations. Jeff Hodgson: We made it through 17 or 18 items in an hour 15 minutes. Barry, I think you and your staff again as always for their hard work, and if there is no other business,the meeting is adjourned. I. 4 011 o t - , / a .„..„ f ......4. •., , la , f \ Arm .f 1 `' N. N. A Lim `��w� 1 �l . ty t r r r� aI f 1 --I <: 5 :> '4:4,.. r` / 4titra‘—lb ;1 6 0 N. /4, iialmimi ,vp, D lit‘ilp M1 �r ` AlinnyWari N 14... \:<'`-.,/ Jr° t _rt. ,w 4:rmilt 4. 011.1 Csi 1 el ,, x ‹.-,,„ Nip, Q lik: (1-- c. \ C---\\NNN..\\.\\\\ .' it 1 r \ \5 '4 \\\.. _. z- -------- ��v - - `i' •., y�7 ,.. i,. si ...,,.. .., ,,,..,.,.., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRYON HARRINGTON, SR. [Applicant] BRYON HARRINGTON, SR., JOSEPH HARRINGTON, JR., KIRK HARRINGTON, SR., BARBARA CASON, LORETTA HARRINGTON &AVIS BLUE [Property Owners] Change of Zoning (AG-2 Agricultural District to R-20 Residential District) 2597 Leroy Road (GPIN 2404410422). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: October 18, 2016 • Background: The applicant requests to rezone approximately 29,000 square feet of a 5.54 acre site to R-20 Residential District for the purpose of subdividing the property into two parcels. A new single-family dwelling for one of the heirs of the property is proposed to be constructed on the new parcel. The residual 4.89-acre parcel will include the existing single-family dwelling and will retain its agricultural zoning. • Considerations: White the property to be rezoned is AG-2 Agricultural District, review of the zoning map reveals the variety of zoning classifications in the vicinity of the subject site including A-12 Apartment District, 1-2 Heavy Industrial District, R-10 and R-15 Residential Districts, and AG-1 and AG-2 Agricultural Districts. Staff determined that the creation of the proposed residential lot to honor the wishes of the estate would not be in consistent with the surrounding uses and zoning districts. The applicant is aware that further development of the residual 4.89 acre parcel will likely require the consolidation of adjacent parcels to ensure adherence with the Transition Area Guidelines. Further details pertaining to the request, as well as Staff's evaluation, 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 7-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Bryon Harrington, Sr. Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. . e A. :ncy: Planning Department City Manager: Ilk Applicant Bryon Harrington, Sr. Agenda Item Property Owners Bryon Harrington, Sr.,Joseph Harrington,Jr., Kirk Harrington, Sr., Barbara Cason, Loretta Harrington &Avis Blue Public Hearing September 14, 2016 5 Virginia Beach City Council Election District Princess Anne Request IX Rezoning (AG-2 Agricultural to R-20 65.70 de ma %s Residential) ' *it, Staff Planner Jimmy McNamara i / s I Location ' <,„.,,,,,,,,,,,,, 2597 Leroy Road GPIN ,/43 2404410422 OB'' ,, ry ,„4, 4O'y Site Size .,,,,,, 5.54 acres R°” AICUZc.,nnpscwIi Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwelling,vacant/AG-2 Agricultural Surrounding Land Uses and Zoning Districts , ``,, North Cultivated field/AG-2 Agricultural • South Leroy Road -pr'' , Duplex dwellings/A-12 Apartment . East �. Leroy Road � ,' Single-family dwellings/AG-2 Agricultural -4, 1. West \ t! Citymaintenance facilityI-2 HeavyIndustrial ,: . ', a=` it `- C ,m del •:Aye:,. 44 , i sem ``Fi # .i ?i 1� i7 ... t]►, Bryon Harrington, Sr. Agenda Item 5 Page 1 Background and Summary of Proposal • This is a request to rezone approximately 29,000 square feet of the 5.54 acre site from AG-2 Agricultural District to R-20 Residential District for the purpose of subdividing the property into two parcels. • The existing larger parcel zoned both AG-1 &AG-2 Agricultural District. A single-family home is located on the property. In 2007,the property was deeded to six heirs. • A single-family dwelling for one of the heirs is proposed to be constructed on the new site. • The remaining 4.89 acres will include the existing single-family dwelling and will retain its AG-1 and AG-2 agricultural zoning. AG-1 B-2 AG-2 R-15 No Zoning History to Report _ 4,04.414, C /. 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 property as being located within the Transition Area, which serves as a buffer between the City's Suburban and Rural Areas. The Transition Area provides an apparent visual shift from the suburban development character to a rural development pattern as one travels from north to south.Therefore, development in the Transition Area should reflect a noticeable transitional pattern with contiguous and unified open space throughout, in keeping with the accompanying Transition Area Design Guidelines. Recommendations for this area applicable to this application include low-impact, low-density residential uses, minimum lot sizes of 15,000 square feet, maximum average calculated density of up to and no more than one unit per developable acre, and 50% of the developable area should be designed to provide a balance of"active" and "passive" open space areas. (Section 1.4 pp. 114-115) Bryon Harrington, Sr. Agenda Item 5 Page 2 Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. A portion of the 5.54-acre site is located within the AE flood zone. No land disturbance is proposed within this floodplain. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Leroy Road No Count Data Available Existing Land Use 3-10 ADT Proposed Land Use -20 ADT 1 Average Daily Trips 2 as defined by one single- 3 as defined by two single-family family dwelling on a 5.54- dwellings on a 5.54 acre site acre site Public Utility Impacts Water Each parcel must connect to City water with an exclusive tap and meter. The existing dwelling is currently connected to City water and may continue utilizing the existing 5/8-inch meter(City ID#95025128). There is an existing eight-inch and 12-inch City water main along Leroy Road. Sewer Each parcel must connect to City sanitary sewer with an exclusive lateral. The existing dwelling is currently connected to City sanitary sewer and may continue utilizing the existing lateral. There is an existing four-inch and eight-inch City sanitary sewer force main along Leroy Road. Evaluation and Recommendation This request for a rezoning from AG-1 Agricultural District to R-20 Residential District is acceptable, particularly given the existing variety of zoning classifications in the vicinity of the subject site including properties along Leroy Road zoned A- 12 Apartment District, 1-2 Heavy Industrial District, R-10 and R-15 Residential Districts,and AG-1 and AG-2 Agricultural Districts. The request to rezone the property for the purpose of providing one building site for an heir is reasonable given it will not negatively impact the aesthetic quality or layout of the area. The remaining 4.89 acres will continue as AG-2 Agricultural District. Section 402 (b)of the Zoning Ordinance restricts the allowable density on agriculturally zoned parcels to one dwelling unit for each 15 acres of land. As such,only the existing dwelling unit may exist on this property until it is rezoned at which time the entire 4.89-acre site and any other consolidated parcels would be required to adhere to the Transition Area Design Guidelines. In Staff's opinion,this request is reasonable and preserves the potential for quality development on the remaining 4.89 acres that is currently protected from development by the density requirement for agriculturally zoned property. The applicant is aware that the remaining 4.89 acres, if developed,will be subject to the Transition Area Guidelines. The Guidelines encourage,among other things,the consolidation of multiple parcels in the area to provide a creative, aesthetically pleasing development that includes a maximum allowable density of up to one unit per developable acre with 50%of the developable area designated for open space. Based on these considerations,Staff recommends approval of the request. Bryon Harrington,Sr. Agenda Item 5 Page 3 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. Bryon Harrington,Sr. Agenda Item 5 Page 4 Proposed Rezoning Exhibit , , Parc&A ' John P.t amb Plat 476 2,, IN lk tt I Area rem AG-1 or AG-2 6 .q. A 445 The City or GP 4 44P1111. Virginia Beach 44). Parc* . N9.+?7 1 td4' te. 4Q' a SA Oy .a�4g \,. 4/11 9 , �� PHYSICAL SURVEY for REZONING PARCEL J.H. HARRINGTON Area to be PLAT OF J.N. HAf tNGTON MB 44 P.27V. VIRGINIA BEAM VIRGINIA" rezoned to R-20 scam r.100' ate; 2016 `. Made for Bron -} ' e .,, Bonasnr Land Surveys.06 T. ' o. ` P.0.Box 6365VIrgie1 (757)4 Be3cn,Va 23IS4' (757J IT6.336t SUP ,,',- Bryon Harrington, Sr. Agenda Item 5 Page 5 Proposed Dwelling . „. . . . ... s.,- . • ,,,.. .„ ,- ap- . • ,-: '''L ..'",' .-''' - r II?-• t-ee - :'`. -4444.'tetr`fi ' --- •',.. - : 4tr -:, 4 .2,4*-AL--4.-': ..--;" '- ',4 '1 d-,.''' :4 ',Iit-,;.'-*•,, J.1,-,`r ';, ;'.'i . :44; 1,Tidr- ''' ' ' ' r. • ..,;• -,p,„.,.;':.•,"„'' . 0' : •,,, ., . . , / '1-• 4'- . ., . .,. ..,., ,, - ' •-:‘,..„- !.:;-,-;.j_.---4L-. - i ,.• ...„:0 I.-?.. --- I'''.• ,rr-r; .r r 7,..t. . •• ''r' ,,4:',.,:r:7% ' &I'',''r , :. ' . 'r.LT::::: re''rr','j ./rAf.: r rrrr' /' r:r r r \ r": r' / . ' ,;•' f'r ,.. ,.. -fx.00 ...........' . .,•:„ , - _. -- , r,r r ' , r krmil -- •,, ......4.- --- - _ , -::-..47:,-k- __,,-4. --. r - • '' - Arab '4-- ,-, 1 _i, I - -' 2:-- _. ' On 1111 _ --. K-,--.'_•--- -•.ao.-_' NM z...,..--,L, : :rmi: 7,_. :-4.4! :1-i 1 -.' -, 7 - _.: 111111 II - - . -,‘ .-.' ---,•T',_":- ._ ._.,, ,^2---'46- -, I --,rt NIIII i. ,., .. .:-;-,-_--:•:; !. --.:-• ,,-:---_, :i low, : -- • ---'--_,7-4,1-1"Inl„---•d In n ..-__ _ _. _ • Li ,, - --„______- .r,:-: a M ill i .._ _. __ ._..,,_-„ - ,,. ;$7-3:::_:-'.:17---- - ,!fr ,-...,4,..- -.4-47..----•- • - . - I- '-..,,'---,-3 !--7-- - 7. r -,- 75--...'- I 7 1117, '-'7'''',.-,,A." --7, ,_• * .,41 -..,:...;,..,- _,.....,_. ,...e.W.••:'.4----, 7,,-..V77:,.- ..- '1°' . ---' 114W —' - '" ' 1 1 -1:•ci''',C;r4.' t*:....''.---. ' .., ::'.: ',7"lin.. .. .,:, ..-'1'.. . *;-„;-" •-.4 -''''.. -7... Orir ,r, .r, 'Att't7.......,rr r. r ' ,7 ,r.,7,.,52.:. ._ r _ r, ''47 r ,7 r r- ,,,,„•1,i r 1.,..:, t_' r 2'7'7,:3;7".77-'.-_, -----4 r: -,-•:-.7---, . • . . . . ... Bryon Harrington, Sr. Agenda Item 5 Page 6 Site Photos . . - ".° 411IP ?• • . • !.; • • ;.• %4. "N... • . . Bryon Harrington, Sr. Agenda Item 5 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME i t y r) M g l r,'ny tci, 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 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 Page 1 of 7 0 ArP11: 1v1 n IF uti'v': /j P\ Jimmy McNamara 10/ 7/1‘ro if7 Bryon Harrington,Sr. Agenda Item 5 Page 8 Disclosure Statement Virginia Beach X 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:Bryon Harrington If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:See Attachment If an LLC, list the member's names: Page 2 of 7 Bryon Harrington,Sr. Agenda Item 5 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 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 Bryon Harrington,Sr. Agenda Item 5 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) X Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors XEl Engineers/Surveyors/Agents Bonifant Land Surveys Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers / [XI Agents/Realtors for current and ',\I anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 15<1 an 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 Bryon Harrington, Sr. Agenda Item 5 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 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. ‘\' \\\/\P' Bryon Harrington (41011($ APPLICANT'S SIG TORE PRINT NAME DATE Page 5 of 7 Bryon Harrington, Sr. Agenda Item 5 Page 12 Disclosure Statement :NB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) X Accounting and/or preparer of -- your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed i— ® purchaser of the subject property t (identify purchaser(s)and purchaser's service providers) C ❑X Construction Contractors XI Engineers/Surveyors/Agents Bonifant Land Surveys Financing(include current C X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C__, ® 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 Bryon Harrington,Sr. Agenda Item 5 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. ,� M, (4."' Bryon Harrington (,)/tiI 16 PROPERTYY 0 ER'S SIGE PRINT NAME DATE Page 7 of 7 Bryon Harrington, Sr. Agenda Item 5 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting •f any public body or committee in connection with this Applic o �� 1 �� P tf. � I`rDN`�IQ,"ttWiIO PROP TY OWNER'S S' TURE / PRINT NAME DATE Page 7 of 7 Bryon Harrington, Sr. Agenda Item 5 Page 15 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. , /� �/ ""1" `4._ -2 etcl Y4 C- ./4...-Y.14ri 7(b9'i / 101 i PROPERTY.""NE•S SIGNATURE PRINT NAME DATE Page 7 of 7 Bryon Harrington, Sr. Agenda Item 5 Page 16 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. j �/ /4 6144. 1l ('z+aG�7l /jiF S�JJ I C'Jlsc' PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Bryon Harrington,Sr. Agenda Item 5 Page 17 Disclosure Statement 71/4/f3 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. > etA to e 9_11531i-6;f/ jib PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Bryon Harrington, Sr. Agenda Item 5 Page 18 Disclosure Statement 71/4N3 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. PROPERTY OWNER'S SIGNATURE i - PRINT NAME DATE Page 7 of 7 Bryon Harrington,Sr. Agenda Item 5 Page 19 Disclosure Statement Attachment 1 1. Bryon Harrington Sr. '/ 921 Cranston Dr. Chesapeake,Va.23320 (210)643-4896 13f1) i u�alioo.com 2. Joseph Harrington Jr. 2601 Merlin Dr. Lewisville,TX.75056 (972)394-8167 lu epl .gailh a wnailcoin 3. Kirk Harrington Sr. t% 2597 Leroy Rd. Virginia Beach,Va. 23456 (504)559-0122 in emcn <thoo.coni 4. Barbara Cason 417 Tree Fern Chesapeake,Va.23322 (757)676-4122 hizcawn a COX net 5. Loretta Harrington 2597 Leroy Rd. Virginia Beach,Va.23456 (757)453-6212 harrinet mloietta a ahoo.cum 6. Avis Blue 1729 Princeton Ave Norfolk,Va.23523 (757)632-5175 :Alhlue�6(r,.;.(110()coin Bryon Harrington,Sr. Agenda Item 5 Page 20 Item#5 Bryon Harrington, Sr. Change of Zoning 2597 Leroy Road District 7 Princess Anne September 14, 2016 CONSENT An application of Bryon Properties, Sr.for a Change of Zoning (AG-2 Agricultural to R-20 Residential)on property located at 2597 Leroy Road, District 7, Princess Anne. GPIN: 2404-41-0422-0000. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 5. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 7-0, the Commission approved item 5 for consent. The applicant appeared before the Commission. 1 ".L. d I 1 L. I 1 III • / / 1%.. C2 ....... 1 1 r IIIrr € 11 1 I 1 ill ., i 1.1%.-4 i ,,..„. L...._ ., ...._ i .1 i, i11 41 j� 1ell /..... c - 111, .. 1 , . 1_) 1 .1 ft 111\ --. , „ l iii li ' "t f cli M _ ' . '-.._ i ....., FJ . / ar I _ lI ., -7 / II Ar..‹... ."5. , .,, / 1 ri ti <7 e„. 4 , ..., Y; L. -3\.. ..."-.. .\\. -------",-..-N.IN ::,'",':::-.' - . ,.„ . , . _. r i . . ___ „...,. . , _ ._, v v r I VI _., r1n li 1 -___,t 11 1 -L'-- ■ ■Ir —...."'-- _ li ell . I "'"'' ''"*""" f ' ,-, 1L rvi.....i41 L- r } fir• y. si ( �i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ZOBSTER AUTOMOTIVE, LLC [APPLICANT] BEACH HOLDINGS, LLC [PROPERTY OWNER] Conditional Use Permit (Automotive Repair Garage) 5772-D Arrowhead Drive (GPIN 1467030703) COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: October 18, 2016 • Background: The applicant requests a Conditional Use Permit for an Automobile Repair Garage. The applicant currently leases space at the north end of an industrial warehouse building on Arrowhead Drive. The auto repair business operates from 8:00 a.m. to 5:00 p.m., Monday through Friday, and provides engine repair, oil changes, brakes, and State Inspections. No body work or paint work will take place on the subject site. • Considerations: During the process of obtaining a business license, it came to light that a Conditional Use Permit is required for this use at this location. This Conditional Use Permit is required in order to correct this oversight. Many auto repair uses exist within this area of Virginia Beach. All repair work and the storage of materials will occur within the building, and the applicant does not perform body work or painting on the site. Staff received a letter of opposition to automobile uses in the area, but stated that they did not have opposition to this specific request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1. All vehicle repair shall take place inside the building. 2. No outside storage of equipment, parts, tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. Zobster Automotive, LLC Page 2 of 2 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. Any building signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No "box signs" shall be permitted on the building. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D,• • - ency: Planning Department 41°7" City Manager: Applicant Zobster Automotive, LLC Agenda Item Property Owner Beach Holdings, LLC 1 Public Hearing September 14, 2016 .., City Council Election District Kempsville Virginia Beach Request Conditional Use Permit (Automobile Repair ,, # ° Garage) dv'°a x p„� Soulf ern e°ulever0 P'.k.„4 Staff Planner ,,.„ Wrlunwn Dr Ya Jonathan Sanders .a„,.„oma Location _ 5772-D Arrowhead Drive z GPIN '"woe^,, r ,a 1467030703 c�`� Site Size 0„,...... ...7q,4pW i �F.11s^ L 1 42,800 square feet "a, t •md t° Qo. z AICUZ `k<, ,,JV F Less than 65 dB DNL — ---------------_____--__-_ _ Existing Land Use and Zoning District Industrial warehouse/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts 4 _ North . • "; `� 'i 4 ...4.,_ Princess Anne Road `' Business Use/ B-2 Community Business ' „ -.;r South ,..., - S. ,' Arrowhead Drive • _ ;l Industrial warehouse/1-1 Light Industrial f "*. ; � 4,, - East r r Industrial warehouse/ 1-1 Light Industrial "� ' 1 '' ! West Vit_ 4, ll Industrial warehouse/1-1 Light Industrial ti,'"r'``141.0,, I -►.,- ,. 4 Zobster Automotive, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for an Automobile Repair Garage.The applicant currently leases space at the north end of an industrial warehouse building on Arrowhead Drive. During the process of obtaining a business license it came to light that a Conditional Use Permit is required. • The auto repair business operates from 8:00 a.m.to 5:00 p.m., Monday through Friday, and provides engine repair, oil changes, brakes,and State Inspections. • No body work or paint work will take place on the subject site. Repairs and the storage of materials will occur within the building. „„ al.,::-__ p-,i,.___ i.12`''' v r -''' w Zoning History I-1 /� ,,�_r�% �. # Request , - 1 CRZ(1-1 to Conditional B-2)Approved 10/28/1997 / �� r1 2 REZ(I-1 to B-1A)Approved 04/05/2016 -- r #/ 3 CUP(Tattoo Parlor)Approved 11/17/2015 J '"h•a. � j 4 CUP(Cosmetology School)Approved 02/24/2009 J 5 CRZ(I-1 to 1-2)Approved 12/12/1995 /rr 1 f"---- 7 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations This property is located in the Newtown Strategic Growth Area (SGA) as identified by the Comprehensive Plan and the Newtown SGA Master Plan (adopted on July 6, 2010).The subject site is located in the Arrowhead North Neighborhood of the Newtown Strategic Growth Area. As this area is in close proximity to a light rail station,the Plan recommends a transition from industrial uses to retail and medium density residential uses within smaller blocks and common green spaces (p. 41). Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is almost entirely impervious,there do not appear to be any significant natural or cultural resources associated with the site. Zobster Automotive, LLC Agenda Item 1 Page 2 Traffic Impacts Stream Name Present V lume Present Capacity 0014440#14flit 12 ADT 2(LOS°"C") Existing Land Use 2-12 ADT Arrowhead Drive No Data Available 12 ADT 2(LOS""E") Proposed Land Use No Change Proposed 1 Average Daily Trips 2 as defined by Automobile 3 as defined by Automobile Repair a LOS=Level of Service Repair Service Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Arrowhead Drive is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation While the Newtown Strategic Growth Area Master Plan calls for long-term redevelopment of the site to residential and retail uses,the proposed use is compatible with the existing light industrial uses surrounding the site. Many auto repair uses exist within this area of Virginia Beach, and as such,the proposed use is acceptable until market forces the transition of this area to the long-term vision established in the Newtown SGA Plan. No site improvements or changes to the building are proposed with this request.The parking provided onsite meets the requirements of Section 203 of the Zoning Ordinance. Based on the considerations above,Staff recommends approval of this request with the conditions below. Recommended Conditions 1. All vehicle repair shall take place inside the building. 2. No outside storage of equipment, parts,tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 6. Any building signage shall meet the requirements of the City Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No"box signs"shall be permitted on the building. Zobster Automotive, LLC Agenda Item 1 Page 3 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. Zobster Automotive, LLC Agenda Item 1 Page 4 Proposed Site Layout Y. Y , fliiiiillb Proposed Automobile --. �`�-,, -•� , Repair Garage 7/ -2* 11 / l� 1 r t r1 1 / t / / ll l ' / r------,----- _____:/ ......___, _ - / , , / i , ,„„,/ , / c'''' '. 44116. i ` t / i -- / - f Zobster Automotive, LLC Agenda Item 1 Page 5 Site Photos f x , • i ..........:_____„1 i ...I d c - li, -c- ___, ' .c* r t -waw _ • 1 I ,f t ti e _ s 1, [i _ j r i I _ s c Zobster Automotive, LLC Agenda Item 1 Page 6 Disclosure Statement APPLICANT'S NAME 7/oh 1 in ,S � d -abs �' m&�i vc PLC, DISCLOSURES ATEMENT 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 Chan Exception for (EDIP)Board of Changes Appeals Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • 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 /St iwtt / -,,:• - - f 7 r. Page 1 o ❑ AP.JC NT P J.TirIFG tit •iPLi .tit. _. J 10/S/16 13S Jonathan Sanders Zobster Automotive, LLC Agenda Item 1 Page 7 Disclosure Statement 0 Check here if the APPLICANT IS NOT a corporation, par irm, business,or other unincorporated organization. ErCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. ((�� (A) List the Applicant's name:iob' ( V€, �—L " If an LLC, list all member's names: • Geo ff'rc,<J ? i t) L-las m20 If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pnly 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:name:__6.e..a If an LLC, list the member's names Lear 5,1/G?%f!' Page 2 of 7 Zobster Automotive, LLC Agenda Item 1 Page 8 Disclosure Statement ��r~•£ �P "w. If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entitles. 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 Zobster Automotive, LLC Agenda Item 1 Page 9 Disclosure Statement APPLICANT 4 , I YES NO SERVICE PROVIDER( .add sheets if needs• ❑ Accounting and/or preparer of your tax return ❑ R"-- Architect/Landscape Architect/ Land Planner ❑ ,_/ ContracttheApplic Purchaser(if other than U✓ ant)-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 n 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/ Er ❑ Agents/Realtors for current and �°(LkI Odd ICI ln 5, �L luJ anticipated future sales of the subject property • f SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? I n Page 4 of 7 Zobster Automotive, LLC Agenda Item 1 Page 10 Disclosure Statement .. - .. t 114.,1)'.,,' 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 ' ' L inthowl A}9,9 4\251761t S StCNATURE PRINT NAME I DATE Page 5 of 7 Zobster Automotive, LLC Agenda Item 1 Page 11 Disclosure Statement 1J , v y • 5 '.•F' • yj w ,.) E � 1... OWNER a� _, YES NO SERVICE PROVIDER( . d sheets if [ •❑ Accounting and/or preparer of u ur tax return Architect/Landscape Architect/ Land Planner ntract Purchaser(if other than the Aooiicant)-identify purchaser and purchaser's service providers Any other pending or proposed ElQ purchaser of the subject property (identify purchaser(s)and ❑ purchaser's service providers) onstrualon Contractors Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ i Services Real Estate Brokers/ ElAgents/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 ❑ ff contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? i'v Page 6 of 7 • Zobster Automotive, LLC Agenda Item 1 Page 12 Disclosure Statement a../ . '. 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 Appli 'on. Qe_JAkttkiee-- (ai/c, OWNER'S SIGNATURE PRINT AME DATE Page 7 of 7 Zobster Automotive, LLC Agenda Item 1 Page 13 Item#1 Zobster Automotive, L.L.C. Conditional Use Permit 5772-D Arrowhead Drive District 2 Kempsville September 14, 2016 CONSENT An application of Zobster Automotive, L.L.C.for a Conditional Use Permit (Automotive Repair Garage)on property located at 5772-D Arrowhead Drive, District 2, Kempsville. GPIN: 1467-03-0703-0000. CONDITIONS 1. All vehicle repair shall take place inside the building. 2. No outside storage of equipment, parts,tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 6. Any building signage shall meet the requirements of the City Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No "box signs" shall be permitted on the building. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 1. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE Item#1 Zobster Automotive, L.L.C. Page 2 By a vote of 7-0,the Commission approved item 1 for consent. The applicant appeared before the Commission. , , L—C" \1:5 t7 0 11 S a III, 71641% cif aM i N i m ),,, �� „ S d r� V% . __,,, - - .-: casi IN y ,, ._, , --aS '110 0) - 11 0o _Ikao1,,, r______, \ Nm Ti3 1 _.,,„..,.. illi,_ ___,--------------i A `• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOYNT ENTERPRISES, INC. t/a PEMBROKE AUTO SALES [Applicant] HR HOLDINGS, LLC [Owner] Conditional Use Permit (Motor Vehicle Sales & Rental, Automobile Repair Garage) 3825 Bonney Road (GPIN 1487330781). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: October 18, 2016 • Background: The applicant is proposing to partially redevelop the site to operate an auto sales, rental and repair establishment. The existing building will remain in place with the exception of 3,900 square feet of the rear warehouse building, which will be removed to allow more room for outdoor vehicle display. The front of the site will also be reconfigured to provide additional area for outdoor vehicle display. A total of 22,209 square feet of vehicle display area is proposed, which will be distributed around the building. • Considerations: Although the proposal is not consistent with the long term vision outlined in the Rosemont SGA Plan, similar requests have been approved in this and other Strategic Growth Areas as interim uses, with a condition requiring administrative renewal in ten years. In order to maintain a consistent approach to interim uses in the SGAs, Staff recommended the standard condition: 8. This Conditional Use Permit is temporary and shall be valid for no more than ten (10) consecutive years from the date of City Council approval. After ten years, the Zoning Administrator may administratively renew the Conditional Use Permit for another set period of time or indefinitely. At the Planning Commission briefing, Staff presented an alternative condition prepared by the applicant that bases the time limit of the operation on a change of land use on the adjacent property (CarMax) from auto related uses to another use. Planning Commission accepted the substitute condition, and recommends the following: 8. This Conditional Use Permit shall be valid for no less than ten (10) consecutive years from the date of City Council approval. If at any time after ten (10) years, the "CARMAX PROPERTY" adjoining this property to the south and along Bonney Road to the east permanently ceases to be used for a motor vehicle sales, rental and/or service use, the Zoning Administrator may upon written notice to the property owner set a termination date for this Joynt Enterprises, Inc. Page 2 of 2 Conditional Use Permit which date shall not be less than twenty-four (24) months from the date of the notice. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request with a substitute condition #8. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- . :gency: Planning Department(IPF---• City Manager: Applicant Joynt Enterprises, Inc. t/a Pembroke Auto Sales Agenda Item Property Owner HD Holdings, LLC Public Hearing September 14, 2016 B,,,,,, City Council Election District Lynnhaven 3 Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales o a & Rental &Automobile Repair Garage) °' MZI,Fa Be.$Boulevard Staff PlannerTi F-Tm g F! Ashby Moss i Bonne,/0° iIRz b A * 1 Location E -- � ° 3825 Bonney Road z 1 •-• GPIN a 1487330781 e I. Site Size Inverness Road 166 Palace PLKe 39,668 square feet 1 A I C U Z g Gateway Pla[e Less than 65 dB DNL Spruce Code Existing Land Use and Zoning District Vacant commercial,warehouse building, storage yard/B-2 Community Business Surrounding Land Uses and Zoning Districts , - . tri.-2, North s" Bonney Road s' Billboards/B-2 Community Business + , u� ,ti South & East e':' Auto sales/Conditional B-2 Community pi Business ` �' , i iiii Fa d_11.,r17:: — a,„1, r R�`� M� �._ 'I West +� ; a • .� Unimproved City Right-of-Way"Avenue H" - 1 ' t i ' � � Multi-tenant commercial/B-2 Community 1* `� tI� Business _ e r �? , ' �, attt �. ism t •v':r ' Hra`�rt * •i Joynt Enterprises, Inc. Agenda Item 3 Page 1 Background and Summary of Proposal • The site is the former location of various equipment sales and rental businesses. The existing a one-story warehouse-style building has a one-story stucco, block and metal building attached to the front. This front building has a standing seam metal overhanging parapet with a blue metal band that wraps around the front and sides. A series of storefront windows and two sets of entrance doors line the front. There is some mature landscaping in front of the building and at the northeast corner as well as a row of mature Crepe Myrtle trees lining the western property line. A turf depressed area along the front of the site currently provides stormwater management. The remainder of the property is covered with deteriorating asphalt and concrete pavement. The rear of the lot is enclosed with barbed wire chain link fencing. • The applicant is proposing to partially redevelop the site to operate an auto sales, rental and repair establishment. The existing building will remain in place with the exception of 3,900 square feet of the rear warehouse building,which will be removed to allow more room for outdoor vehicle display. The front of the site will also be reconfigured to provide additional area for outdoor vehicle display. A total of 22,209 square feet of vehicle display area is proposed,and will be distributed around the building. • The City of Virginia Beach Landscape Guide requires a minimum of 127 square feet of the display area be planted. The applicant has worked with the Development Services Center's Landscape Architect to meet the various landscaping requirements, but the plan is still deficient in meeting minimum standards. A small amount of additional street frontage landscaping will be necessary near the northeast corner of the site. • The plan meets the minimum required number of parking spaces,with five spaces at the rear and one accessible space in front of the building. The existing vehicular entrance will remain. • The new stormwater management system,which must meet current regulations, is anticipated to be an underground filtration system. • The exterior of the 4,949 square-foot front building will remain mostly as is,with the exception of replacing the existing parapet with a contemporary flat metal parapet composed of offset rectangular panels in multiple shades of blue. A new vestibule feature will also be added in place of the existing doors on the eastern side, and new doors will be installed on the western side. Joynt Enterprises, Inc. Agenda Item 3 Page 2 Zoning History B-2 # Request B2 2 1 CRZ(1-2& B-2 to Conditional B-2)Approved 03/23/2003 STC Approved 03/23/2003 \I3 CUP(Motor Vehicle Sales)Approved 03/23/2003 B N STC Approved 04/13/1999 CRZ(0-1 to Conditional I-1)Approved 07/08/1997 ,Adorer REZ REZ(B-2 to 0-1)Approved 09/28/1993 STC Approved 09/28/1993 B,2— B-2• 1 CUP(Mausoleum/Cemetery)Approved 09/28/1993 Al2 2 CUP(Tattoo Parlor)Approved 10/12/2010 ; CUP(Motor Vehicle Repair)Approved 10/30/1989 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 Rosemont Strategic Growth Area (SGA). The Rosemont SGA Plan identifies this area as the "Carmax Redevelopment site," one of eleven "Development Initiatives" called out as prime areas for redevelopment. The long term vision for this Development Initiative is a townhouse development organized around neighborhood parks and within easy walking distance of a potential transit station (p.48). In the event mass transit extends to or beyond the Rosemont SGA, a mass transit station is envisioned immediately across Bonney Road from the subject property. Traffic Impacts Street Name/Type Present Volume Present Capacity Generated Traffic Bonney Road No Data Available 22,800 ADT 1(LOS°"D") Existing Land Use 2—0 ADT 27,400 ADT 1(LOS°"E") Proposed Land Use 3—17 ADT 'Average Daily Trips 2 based on a vacant building 3 based on 12 employees °LOS=Level of Service Public Utility Impacts Water The site is currently connected to City water. There is an existing 10-inch City water main along Bonney Road and an existing eight-inch City water main along Rodriquez Drive. The existing 5/8-inch meter(City ID#95031217) may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. Joynt Enterprises, Inc. Agenda Item 3 Page 3 Evaluation and Recommendation Although the auto sales, rental and repair uses are not consistent with the long term vision outlined in the Rosemont SGA Plan, redevelopment of this parcel into the envisioned transit-oriented residential village is not imminent. However,should light rail be extended to the Rosemont area or beyond,this will be a prime location for redevelopment, especially given its proximity to the planned station location. Even without light rail or another form of mass transit,the large land area of the CarMax property makes it,and properties adjacent to it,good candidates for redevelopment as market forces transition in the future. Based on this,a time limit of 10 years on the Conditional Use Permit is recommended. In the interim,the proposed use will provide much needed site improvements to this property. The small scale of this proposal in comparison to the massive auto sales establishment to the east and south supports an interim use of this nature. The existing site has a substandard entrance and substandard sidewalk on its frontage along Bonney Road. The Public Works Standards require that commercial entrances have 30'of internal throat length from the right-of-way line to the first drive aisle or parking space. The existing site does not have this. If not rebuilding their entrance and parking area to current standards,the applicant must provide on-site pavement markings or some other means of creating throat length at the entrance. No vehicles should be permitted to obstruct the entrance. Staff recommends approval of this application,subject to the conditions listed below. Joynt Enterprises, Inc. Agenda Item 3 Page 4 Recommended Conditions 1. Development of the subject site shall substantially conform to the site exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC.AUTOMOTIVE SALES," dated August 24, 2016 and prepared by Gallup Surveyors&Engineers,with the exception that landscaping shall be added to meet minimum requirements as determined by the Development Services Center Landscape Architect during detailed site plan review. Additional site improvement requirements may also be determined during detailed site plan review. 2. The building facade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION,"dated 6-28-16 and prepared by RBA,with the exception of the image of the car,which is not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation,and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 1 above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times,as depicted on the site exhibit referenced in Condition 1 above. 6. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 7. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. 8. This Conditional Use Permit is temporary and shall be valid for no more than ten (10)consecutive years from the date of City Council approval. After ten years,the Zoning Administrator may administratively renew the Conditional Use Permit for another set period of time or indefinitely. 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. Joynt Enterprises, Inc. Agenda Item 3 Page 5 Proposed Site Layout If 1 1/1 ° f- W ry J R L 6 6. X 13 i i K g' = 91 ``) p � Fi ga.gS i"AIM!! W z P .. g. gi8151 al p ca:F:,Tsrs 6bbillilyoigq! W N u igt Q ( � 5 ion .... raas: z d IS u 0 W 114 o W ,;.-5th• f ` , a j vt 0 `1 '0 41 I/,pir _r y -- ' —1 i 0 d d_ 1,/i . - eagl ► • t©toil � 'i;j w il • a .i h 4, t ! I3 9. 6 t_ A PO F F a _ ,k � a by - :5 i P i • �'C 0• Asr --" ffDQ 0 • fir. ,,', E i « !3 i. , s 11' ait ; -- 0 R 01 g leloiol... - 0 010l ® l01 0 $ �,.,� I I I I 1 Joynt Enterprises, Inc. Agenda Item 3 Page 6 Proposed Building Facade Improvements ri cc IN mMi cc O J I 11 y -, CD O F -1 -I ''' ....., Ii I) dn. z 0 °SaSI- till > iiii di: w i w Al-LIL ROM MI 0 Z ti 11 wQ J m - Q Q Z IMI EMI iii0 EPIII w0 0 2 Ce Z m o Z CI : w I" a Joynt Enterprises, Inc. Agenda Item 3 Page 7 Site Photos 4.: pRbU . , fil,. ,_ �j. _ .. E� RO I ;7, ,_, _:.: -__ ,.-__ - , _____ . � .I -- 1 . A , : _, __:, _ it -.. ..., _ 3 ..,./ i.. t -g if . ' --'t.;----- ."14 ' . ---..11116-....77 II* i Joynt Enterprises, Inc. Agenda Item 3 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Joynt Enterprises, Inc.t/a Pembroke Auto Sales 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 i Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 D APP!I(AN I NOT IF H(1()t HE\AHNC 6i. N U(H AN(f c A}U4 r + /3 TAP 0 RrvISIONS CHEMIrTrD Carolyn Smith Joynt Enterprises, Inc. Agenda Item 3 Page 9 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 orgi (A) List the Applicant's name:_!".!-IVJ F. 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) Thomas V.Joynt, Sr., President;Thomas V.Joynt, Jr.,Vice President (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. O Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. © Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:HD Holdings, LLC if an LLC, list the member's names:William N. Dickinson, Jr., Managing Member; Karen D. Hughes, Member Page 2 of 7 Joynt Enterprises, Inc. Agenda Item 3 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. 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 Joynt Enterprises, Inc. Agenda Item 3 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO i SERVICE I t.PROVIDER(use daddidonal sheets if 1 neeed) Accounting and/or preparer of Jones,Madden,Council your tax return ® El Architect/Landscape Architect/ Retnauer Baynes Associates,LLC Land Planner Contract Purchaser(if other than El ® the Aoolicant)-identify purchaser and purchaser's service providers _ Any other pending or proposed f l purchaser of the subject property l I (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors Engineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(include current Applicant has a banking relationship Z ❑ mortgage holders and lenders with TowneBank selected or being considered to provide financing for acquisition or construction of the property) Cfl Legal Services Sykes,Bourdon,Ahern&Levy,P.0 Real Estate Brokers/ M.Richard Epps,Esq. X 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 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 Joynt Enterprises, Inc. 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, VBDA meeting, or meeting of any public body or committee in connection with this Applic tion. ti Thomas V.Joynt,Sr., President 6/30/16 APPLICANT'S SICNATU PRINT NAME DATE / Page 5 of 7 Joynt Enterprises, Inc. Agenda Item 3 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® n Accounting and/or preparer of Daniel W Hargrove,CPA your tax return I I IX Architect/Landscape Architect/ Land Planner C © Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ Fl purchaser of the subject property I/� (identify purchaser(s)and purchaser's service providers) 121 Construction Contractors ® Engineers/Surveyors/Agents Financing(include current U xi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services y_ George T.Dillon,Ill.Esquire ---_.._........__-- Real Estate Brokers/ Divans Real Estate,Inc. ® 11 Agents/Realtors for current and Eric Bucklew 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 Joynt Enterprises, Inc. Agenda Item 3 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application HD Holdings, LLC • ` William N. Dickinson,Jr., 4044 PROPERTY OWNER'S SIGNATURE PRINT NAME Managing Member DATE Page 7 of 7 Joynt Enterprises, Inc. Agenda Item 3 Page 15 Item#3 Joynt Enterprises, Inc.t/a Pembroke Auto Sales Conditional Use Permit Motor Vehicle Sales& Rental &Automobile Repair Garage 3825 Bonney Road District 5 Lynnhaven September 14, 2016 REGULAR Jan Rucinski: the next item is item 3. Joynt Enterprises, Inc.t/a Pembroke Auto Sales, which is an application for a Conditional Use Permit for Motor Vehicles Sales& Rental &Automobile Repair Garage on property located at 3825 Bonney Road, District 5, Lynnhaven. Eddie Bourdon: Mr. Chairman, members of the Commission, Eddie Bourdon, a Virginia Beach attorney representing Mr.Joynt,who is here this afternoon. His family business, Pembroke Auto Sales has operated for 35 years at the southeast corner of Virginia Beach Boulevard and Kellam Road in the Central Business District core area. And I will be happy to hear Ashby's comment to you all. Mr.Joynt received no notice whatsoever that the sign ordinance change which makes his signs non-conforming. That same lack of communication regarding the changes to the sign ordinance is implacable to Mr.Sifen who owns basically the block between Independence Boulevard and Kellam Road, and south of Virginia Beach Boulevard. He received no communication whatsoever. I did listen to Ashby's presentation and read what's in the agenda, and talked to Mr. Sifen. He doesn't object to the changes nor does Mr.Joynt but from a process standpoint, I'm sorry, I got off track a little bit, changes to ordinance that affect properties especially in a relative controlled area,those properties, I think need to be, notified but they don't object. I'm just putting that out there so you all know. And Ashby did too. I did talk to her as about it as well. So, it is not her job but. Okay, back to the application at hand. Sorry to get off track. 35 years at one location for a family business, a very successful one with a good reputation. Mr.Joynt has been visited by, as he would characterize it, lot of movers and shakers over the course of the last 12- 15 years because of the location of his existing car sale business. And he is a good businessman. He is not a dummy. He listened and knows what's coming. He knows what's going on and he has been looking for quite some time,for a place to expand his business and/or relocate his business from his current location. This is the only location that he operates. Moving a business to a new location is far from easy these days and finding a location is a big part of the problem but once you get to the position where you find a location,getting site plan approval,getting zoning approval before that,takes a lot of time and a lot of effort, and a lot of money. And sometimes when and you got to move and sometimes you can't find a place that is suitable to move to,so, we need to keep all of that in mind and listening the conversation and a one way conversation that was going on this morning in the informal. Getting financing is an issue too. Most people run business, not everyone, has to deal with financing. Having a Conditional Use Permit that when you start your business and get your loan says, 10 years from now, you're out of business, unless somebody decides to allow you to continue in business. I frankly, 100 percent agree with what the Planning Director had to say to this morning. I think these conditions that say your use Permit is only for 10 years in many cases are a bad idea. In Euclid, it is not a bad idea. In Euclid where we don't allow these, and I represent people who gone along with them,you got a bunch a little bit of tiny pieces of property, and if you want to see this Comprehensive Plan vision, come to pass, doing things like we've done, I think make good sense and I have not objected. This interestingly Item#3 Joynt Enterprises, Inc.t/a Pembroke Auto Sales Page 2 enough, piece of property, a small piece of property relatively speaking, happen in the "Car Max Redevelopment Area". Car Max redevelopment area. Well, if Car Max's property doesn't redevelop, why should this little piece being required to redevelop? The answer is that it shouldn't. And,there is no condition on Car Max's Use Permit for the very same use on a very large piece of property that Mr. Thornton this morning described, eloquently and absolutely spot on correctly,though now we're being told that we need to have this on our piece of property where as the big elephant in the room doesn't have it not his piece of property. It is a fact that Mr. Eluousou bought another piece of property, and I represented him,just to the east along Bonney Road, and he, in spite of my telling him I didn't think it was a good idea, agreed to the condition that didn't want to waste your time, knew that you all that that was a condition that was applicable, but he is not moving of this and said that he has operated there for 35 years to that location, as Mr.Joynt may be in this case. And, it is a big difference. A huge difference when you're buying property as an investor and you're going to put somebody in there to operate and you're the landlord, and if there business has to shut down someday, it is that he doesn't care, he is heartless but it is a big difference then what you're dealing with in this situation. So,we did not think and I expressed from the beginning that this condition should apply here. However, knowing the Commission,and I listened to you all, and I understand and Ms. Moss this morning did towards the end of her conversation with you all say we don't want the piece of property to stand in the way of redevelopment. I get that and I think if you limit to that, I think you all get that.That is why we drew up condition number 8,the substitute condition,which I knew you all were happy with putting it on the consent agenda today and I'm not here to change your mind but I wanted to give you all a little flavor a little understanding of why the condition that was recommended by staff is not a good condition across the board. I do tend to think that in Euclid is a good condition. I don't for a lot of other reason that Mr. Thornton mentioned this morning in the informal, I don't think it is necessarily is a good condition and one that we should be bound to or wedded to moving forward in other SGAs throughout the city. That is my two cents. I appreciate your putting it on the consent agenda. I'm not here trying to change your mind. That is the last thing I'm trying to do but I do want to put that on the record. Jeff Hodgson: In light of this new information, I hope we could keep in on consent. I hope that is the way everybody voted for it. Eddie bourdon:Thank you for your time. Jan Rucinski:There are no other speakers for this application. Jeff Hodgson: We'll close the public and open it up for discussion. Would anybody like to start? Bob Thornton: I would sort of pick up where I left off this morning. And primarily,this is the thick of the Lynnhaven area, so I paid a lot of attention. I tend to,after thinking about it. I tend to agree with the applicant's attorney here. I think we have a good answer to it but I hate to see anything down the road get in the way of this business. So, I'm incline to support it, and you ask you all to consider removing number 8 just complete based on what Barry told us this morning that is all that I got to say. Jeff Hodgson: Is there anybody else? Mr. Ripley? Ronald Ripley: I think both the amendment that was offered by the applicant's attorney, seemed like it Item #3 Joynt Enterprises, Inc. t/a Pembroke Auto Sales Page 3 was reasonably acceptable this morning, and I would suggest that we replace number 8 with the language he provided. Jeff Hodgson: Mr. Redmond? Dave Redmond: I agree with Mr. Ripley. I think, as we discussed this morning, in my view,that it is never easy to get these things correct, and when Car Max went in there was no such thing as a SGA plan for this area. Times change, circumstances change and I don't think we ought to be stuck in time on a just about anything. I think the amendment that was offered that Mr. Ripley references is sound. I think it serves both sides of the debate that probably is,and we just saw some of it, is going to have a log more legs. It may not always work in some of the circumstances. I think it works well here so I would agree with Mr. Ripley, and be more incline to substitute this amendment that we discussed this morning. Jeff Hodgson: Why don't you go ahead and read that. Dave Redmond: I'll be glad too, and what I said this morning, I'm referring to the Commission's informal meeting this morning which began at 9:00 a.m., and Mr. Bourdon and his client have offered an amendment to Condition 8 to replace the City's ten year limit on a Conditional Use Permit,which would read as follows: "This Conditional Use Permit shall be bound to no less than 10 consecutive years from the date of City Council approval. If at any time after ten years,the Car Max property adjoining this property to the south, and along Bonney Road to the eastern permanently ceases to be used for motor vehicle sales, rental and or served use,the Zoning Administrator may upon written notice to the property owner,set a termination date to this Conditional Use Permit,which date shall not be less than 24 month from the date of the notice".The intention obviously is, and I understand the applicant's concern about this. Why should he have a limitation placed on him when there is a far,far larger operating business in the same which has no restriction whatsoever. It seems to me to address to some extent Staff's concern about this given all the time we've invested in these SGAs but also provide flexibility to the applicant. I would be more inclined to support this amendment. Jeff Hodgson: Is there anybody else? Would any want to make a motion? Mr. Redmond? Dave Redmond: Mr. Chairman, I move approval of the application with the substituting language that the applicant offered on condition 8. David Weiner: I'll second it. Jeff Hodgson: A motion made by Commissioner Redmond and seconded by Commissioner Weiner. Mr. Weeden. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT Item#3 Joynt Enterprises, Inc. t/a Pembroke Auto Sales Page 4 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE Ed Weeden: By a vote of 7-0,the Commission approved the application of Joynt Enterprises, Inc. with a substitute condition 8. Eddie Bourdon: Thank you very much. I appreciate your action. Thank you. L.--..\--- Cid �' :1----\':"\\---: ' ficlii -7- , A 7/ ,,,_. b. ‘G-Na------- \ \ * ca . ccr Akoritok . U-:),,jrf--,__ i , , \ .{-7) 411\) -7 \4118N N • �` > Illpip, 1‘\11116% *MI liklii.\‘ , 0 .„,.1..:,„:_:, 0_2,_441004 le , • / - A. 1111111: Criel # .*ef - s. S ..AN 4,te(4,, /1 Vo111111°b # ./---ac% it,,,‘,61r7/ /_, , .: lelip 4, 1140.1 is ill 1,i t 4., } : as , • I. te, NU,4 yi 4' ii ,. ...,T, Yt.„....,- :.„,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEE'S PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Mini Warehouse) 4740 Baxter Road (GPIN 1477302217). COUNCIL DISTRICT—BAYSIDE MEETING DATE: October 18, 2016 ■ Background: The applicant proposes to remove a portion of the east side and rear of the existing building to construct a three-story, 112,311 square foot self-storage facility with a building footprint of 37,437 square feet. The remaining 20,298 square feet of the existing building will remain. The parking lot and drive aisles along the rear and sides of the building will be removed, while 200 parking spaces will remain in front of the building. A Category IV landscape buffer will be installed where the site abuts residential zoning, and new trees will be planted in the parking lot landscape islands and along the street frontage to replace those removed. The new indoor, self-storage building will reach a height of+/- 35 feet. The front of the new building will be constructed with tan split face block with gray accents on the ground floor, gray scored EIFS on the upper stories, windows on all three stories, and a metal canopy over the entrance. The sides of the building will be finished with materials and colors compatible with the existing structure and the new building's front facade. • Considerations: The proposed Conditional Use Permit will add new life to this commercial/office strip center located in the Pembroke Strategic Growth Area, while posing no detrimental impacts to adjacent properties. The new building and improved landscaping will improve the site's appearance without precluding future redevelopment at the front of the site. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Gee's Properties, LLC Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De. • - .• - • . -ncy: Planning Department City Manager Applicant & Property Owner Gee's Properties, LLCNB Agenda Item Public Hearing September 14, 2016 City Council Election District Bayside4 Virginia Beach Request `"1d Roi, Conditional Use Permit (Mini Warehouse) t 264 z <' c Orrin Avenue # Q E a' .4 • Staff Planner , TravertineA�enue gq 4 Ashby Moss s 4 0 e 4 S p ce` E 9 i 26A Location Sd or' 47) 4740 Baxter Road taw ';� oae � GPIN a°' 14773022170000 '` Site Sizeyon `... 4 4.707 acres *«24 ce„nepf AICUZ y `.. 9, „, eozO Less than 65 dB DNL gra'° ^a \, ` ea 6 4,6 Existing Land Use and Zoning District Commercial &office strip center/B-2 Community Business Surrounding Land Uses and Zoning Districts North 7." r r'" 'a- Apartment complex (under construction)/ ■' *- . c �.i . Conditional A-36 Apartment - 't'" - 'd : 8, South '"' ) , let/ f r. Apartment complex/A-18 Apartment101,„ Q East '< `,.�fr19 , Baxter Road 4001 Warehouse, bulk storage/1-2 Heavy Industrial r'' ,��,. West ` Convenience store,equipment rental business/ �. -, \ >' ' s .-- 4�;-'. • a , rte. .1444 B-2 Community Business ✓� 4.1�� Q.0` A 2 I '• v ;QUA+ 1 i • O. 7 I t Gee's Properties, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The site currently contains a 43,321 square foot commercial/office strip center set back over 275 feet from Baxter Road and a 254-space parking lot predominately in the front of the building. A vacant, pervious area exists at the front of the lot where a retail use was previously planned. • The applicant proposes to remove a portion of the east side and rear of the building to construct a three-story, 112,311 square foot self-storage facility with a building footprint of 37,437 square feet. The remaining 20,298 square feet of the existing building will remain in place as is. The parking lot and drive aisles along the rear and sides of the building will be removed, and 200 spaces will remain in the front parking lot. Eight bike parking spaces will be added, per the current zoning requirements. • A 15-foot wide Category IV landscape buffer is required where the B-2 property abuts residential property, which includes the entire northern property line and half of the western perimeter. Landscape islands and street frontage plantings were installed when the site was developed, but the trees have been removed and will be required to be replaced. • The amount of site disturbance requires compliance with current stormwater management regulations,which will be met by a combination of a reduction in existing impervious area and the installation of an underground hydrodynamic separator bmp device. • The new indoor, self-storage building will be three-stories, reaching a height of+1-35 feet. The full perimeter of the visible first floor façade is proposed as tan split face block with gray accents. The upper stories are gray scored EIFS in the front and gray metal horizontally ribbed panels on the sides and rear. A darker gray EIFS cornice is shown on the front protruding section and over the accent windows on the front of the storage building, but behind the existing one-story building. The remaining roofline has a blue metal panel accent to match the roof on the existing building. The front protruding storage building has windows on all three stories and a metal canopy over the entrance. • There is an existing freestanding monument-style, multi-tenant sign which the applicant intends to keep in place. The sign conforms to the current zoning code. • The Central Business District Association (CBDA) Design Review Committee approved the site layout and building elevations for design considerations at their August 11, 2016 meeting. Gee's Properties, LLC Agenda Item 4 Page 2 4 , • _ iZoning History a - # Request 256,0 O°5 \IC A46 � 1 CUP(Private School)Approved 11/10/2009 B-2* - 2 CRZ(B-2& R-5D to Conditional A-36)Approved B-2 •° 08/14/2014 3 CRZ(B-2, 1-1& R-10 to Conditional B-3)Approved II ` 04/23/1991 43- 3 MOD(Proffers)Approved 06/14/1994 /91:112:111 -3* 4 REZ(A-12 to PDH-2,A-24 underlay)Approved 04/05/2005 5 CRZ(R-5D to Conditional B-2)Approved 07/13/1993 eo / MOD(Proffers)Approved 11/14/2000 °°� 101- s / MOD(Proffers)Approved 02/11/2003 C'104, 'A , M98s MOD(Proffers)Approved 07/10/2007 e t MOD(Proffers)Approved 12/11/2007 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations This property is located within the Southern Corporate District of the Pembroke Strategic Growth Area (SGA). The Pembroke SGA Plan calls for iconic corporate and commercial properties along 1-264 with a showcase of signature medium-rise office buildings transitioning to smaller scale, reduced height office/retail buildings and residential dwellings to the south (which is where this property is located). Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Baxter Road 24,330 ADT 1 22,800 ADT 1(LOS°"D") Existing Land Use 2—473 ADT 27,400 ADT 1(LOS°"E") Proposed Land Use 3—500 ADT 'Average Daily Trips las defined by general Sas defined by general office and mini- °LOS=Level of Service office use warehouse uses 4-lane divided minor urban arterial Evaluation and Recommendation The proposed addition of a three-story,self-storage facility will add new life to this commercial/office strip center. While the general preference for redevelopment in the Pembroke SGA is to place new buildings close to the street,the quiet, low activity nature of this use lends itself to placement at the rear of the lot. With the required landscape buffer, this use will be compatible with the adjacent apartment development currently under construction to the north. The vast parking lot at the front will remain a good location for redevelopment to a medium density mixed use building when the market generates demand. In the meantime,the site's appearance will be improved greatly with a new building that complements the existing building, and with the new trees planted in the parking lot landscape islands and in the street frontage landscape strip along Baxter Road. Gee's Properties, LLC Agenda Item 4 Page 3 Based on the reasons stated above and the support of the Central Business District Association,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Redevelopment of the subject site shall substantially conform to the site exhibit titled, "CONCEPT PLAN FOR PARCEL G, M.B. 203 PG. 67," dated 8/8/16 and prepared by Gaddy Engineering Services,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Existing interior parking lot and street frontage landscaping shall be planted to meet requirements,as determined by the Development Services Center's Landscape Architect during detailed site plan review. 3. Plantings for the Category IV landscape buffer shall be chosen to accommodate screening of the three-story building wall, as determined by the Development Services Center Landscape Architect. 4. The building shall substantially conform to the elevations and renderings titled, "NEW FACILITY FOR PROTECTIVE SELF STORAGE" dated 8-9-16 and prepared by Covington Hendrix Anderson Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 5. The building sign(s)shall be composed of channel letters as shown on the elevation, and any new freestanding sign(s)shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 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. 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"aaaaaea V 4 0 --4r ,,t";;i. 6rl EES 1 ., ),„ _ ..„...„,„:,,,,.?,,i,,,,,„,,..„...10fini 1 1 1 . iii, ,3f; �{i� 1 1 , • i., Ii_.,,.., i, /1. fir w co co Gee's Properties, LLC Agenda Item 4 Page 7 Site Photos .:•_..._ ,......,,,, --, ..-....,..„.. ,.. til - ,i,"„ I r .r-,- , ,!, ,, i I n, . po 1 i - - - , , . ..m.„....--t.,!..,....„ . . 4 11611 — • , ' ' )'' - ‘ '4, - •t ., ,. • ,,. • .1.1. li,..', :":.'''':ti ;) ' ''(-,I. ' ,,,,'.-•.. --.4 .. , - s .'',• -,' '. : ... ..'. ,I'''.-.A' '.. ', ti If. :44vir 44N,,, ., •4 , '. .,z, . :, 4:i' . . ' ,c. ..-°,1- '. ..' 4 ' '''. .1 .', ' '•I sit 0!r:—. e e: ', • i. , 1--'_;"."4 ,._,-4`...Y_r_7.,:'•-'40.z.,_<-1 S' S ..:, , .. . 1, • ..'.I'.,fi -,-,'`,..,-!•c.:'-- . , , t .„4.:-..-'4A-',., - r 0-.4 tt. 7 : ',, ,,, ,.. ..' . ,,A '., -4 :i'.',-:--- lf--.4..'z'-''.-,:le ,..,,.,.,,:-.- ..,,, " •,-....--,- __„ •; -,.,.,.. 0 , , t '.... ,_.........,-......... ....,..„.,,-. .,-,..,-.....,..,...... . ',...,,,,,,.._ .. . ......k....??..„...... .. . ..,:,., ....r.. ., - le ... ..- 11_ ' TI_ipitiprlli11, ,,..,,t4-71" ..:-.... -...,1"...:"7-3111111, lir-s.,-1 ...,. .,,., • ' -,.•. .- :-.- : k17.7.1: "A ..-'04--74 :ii:',--- ' . /Af'---f11-. '-' ,I'S!--,; :. •-''.':f '.,. ',.‘-...-...." '-'10;.- 1.',---: ' • ' -,E .."; ,... • , ,: !. ;40..,;•-;:-ii-x,f?' -.!..,,. ---. ,. . : .„. . , ... hisi• • ,..• • _ ___ 1.,..,. ;t4"...„, .4 '.'.'"..• ..--..1 - ..! ' ' 4 _ ! i'- - ,...'. '. '•, • ..— _ _—___ ---- - •--- Gee's Properties, LLC Agenda Item 4 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Gee's Properties, L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property 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 Page I of 7 � APP((CANT NOIIFIFp OF HEARING IIlfNO CHANCES AS 01 "'c JO 0 '.gipa 1 Carolyn Smith REVISIONS SIJEMITTFE) f Gee's Properties, LLC Agenda Item 4 Page 9 Disclosure Statement • Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IXI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Gee's Group, LLC If an LLC, list all member's names: David M. Gianascoli, Manager; Michael Gianascoli, Member;Trust of Joseph Gianascoli, 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Gee's Properties, LLC Agenda Item 4 Page 10 Disclosure Statement • Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 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 Gee's Properties, LLC Agenda Item 4 Page 11 Disclosure Statement :try v; APPLICANT Virginia Beach ¢ YES NO 1 SERVICE PROVIDER(use need additional sheets if © ❑ Accounting and/or preparer of Paul DiNardo,CPA your tax return • ❑ Architect/Landscape Architect/ Covington Hendrix Anderson Land Planner C ® Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Z ; Construction Contractors ❑ Engineers/Surveyors/Agents Gaddy Engineering Services Financing(include current Protective Life Insurance Company; E ❑ mortgage holders and lenders Applicant has banking relationships selected or being considered to with TowneBank and Old Pointe Bank provide financing for acquisition or construction of the property) C ❑ Legal Services Sykes,Bourdon,Ahem&Levy,P C " Real Estate Brokers/ n ! Agents/Realtors for current and anticipated future sales of the subject property "Williams Mullen SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Gee's Properties, LLC 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 pu lic body or committee in connection with this Aption. � David M.Gianascoli,Manager 1 7/01/16 APPLICANT'S SIGNATURE PRINT NAME DATE IGee's Properties.L.L.C. Page 5 of 7 Gee's Properties, LLC Agenda Item 4 Page 13 Item#4 Gee's Properties, L.L.C. Conditional Use Permit 4740 Baxter Road District 4 Bayside September 14, 2016 CONSENT An application of Gee's Properties, L.L.C.for a Conditional Use Permit (mini-warehouse) on property located at 4740 Baxter Road, District 4, Bayside. GPIN: 1477-30-2217-0000. CONDITIONS 1. Redevelopment of the subject site shall substantially conform to the site exhibit titled, "CONCEPT PLAN FOR PARCEL G, M.B. 203 PG. 67," dated 8/8/16 and prepared by Gaddy Engineering Services, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Existing interior parking lot and street frontage landscaping shall be planted to meet requirements, as determined by the Development Services Center's Landscape Architect during detailed site plan review. 3. Plantings for the Category IV landscape buffer shall be chosen to accommodate screening of the three-story building wall, as determined by the Development Services Center Landscape Architect. 4. The building shall substantially conform to the elevations and renderings titled, "NEW FACILITY FOR PROTECTIVE SELF STORAGE" dated 8-9-16 and prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 5. The building sign(s) shall be composed of channel letters as shown on the elevation, and any new freestanding sign(s)shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 4. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT OLIVER AYE REDMOND AYE Item#4 Gee's Properties, L.L.C. Page 2 RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 7-0, the Commission approved item 4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. '\ : i ... .:' as, , ,\ \\,\, r--- , . . . . , . . . ..,..„. \\\\\ \\\\\\ s\\\\ , 1 .‘ •1 . . „ . , .., , \ t . 77pir sse.‘N.,. , .• , -g\\': k. , vcisi. :,i,7% • 3 , TiL% \\11:11\13 • C4 gi S N I/‘: \\ \' ' \ ' , •,,, r- •\\\ \M \..'• ...: L.-- . . ! ., , 4 1 \\\\\\\\\\ . \ all, \ 2 ' '' ,\ "'\. - :". \ • ''\\\\\\‘ \ \‘\ ,'A,Er : ::' ,:•\ ' •42)i‘\\\:\ \I" \\\\ . . . 7 .. . . i i •I\\\ \\\<\\1:4\Q\ ': 11 • I : . \;\ \ \ .\\.‘ ••'\ \ \\\\\\\\ :, ..E' • .1\\ \1\\\\i:;\ •, \ .‘ .:'• ' .\.\ `k IN ,_ \\ ,, , ' ' i \ .. -': '''.• — . -1 ' '\- - • '\ ,\ ., •,-.. \,, , ., \\\,\ \-\\\ .,\,\ , , .. „ .\\,\.,„ ,.,..\.: 0 440 8'44 (t,Voss yj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE TAR ROOF, LLC [Applicant] BURROWS FAMILY REVOCABLE TRUST [Property Owner] Conditional Use Permits (Open Air Market & Assembly Use) 1791 Princess Anne Road (GPIN 2413021294). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: October 18, 2016 ■ Background: The applicant is requesting a Conditional Use Permit for an Open-Air Market to allow for the site to accommodate community events that will feature local vendors, food trucks, live art demonstrations, and live music by local performers. The applicant has had four events on the property that were permitted through the City's Special Events Office. As four Special Event permits per year is the maximum number for a commercial site, a Conditional Use Permit is requested to allow additional events. The applicant also requests a Conditional Use Permit for an Assembly Use to allow for weddings and similar events on the property for up to 150 guests. The site will be closed to the public when reserved for these events. • Considerations: There are 59 onsite parking spaces depicted on the plan; however, it is likely that additional parking can be accommodated on the property beyond what is shown. As a result of this request and several others in the pipeline, a process was developed by City Staff to ensure that all City agencies will be informed and remain actively involved with the events proposed relative to public health and safety, parking management and business licenses. Additional conditions have been recommended by Staff to address concerns raised following the Planning Commission meeting related to noise, parking, types of goods sold, frequency of events, public inconvenience and inclement weather. Further details pertaining to the request, as well as Staffs evaluation are provided in the attached Staff Report. There was no known opposition to this request. • Recommendation: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. The Tar Roof, LLC Page 2 of 3 Open-Air Market 1. The activities held on the site, the number of vendors, and the location of food trucks shall be as depicted on the submitted layout plans which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The Open Air Market shall be limited to the sale of works by local artists, crafts, homemade items locally grown produce, locally prepared food products, and food trucks. The market shall not sell 'hard good' type of items other than those indicated. 3. The traffic control plan and parking management during events shall be as detailed in the "Evaluation and Recommendation" section of this report. A Certified Traffic Monitor shall be onsite during the hours of operation of the Open Air Market to assist with traffic control. 4. Two handicap spaces shall be provided in the area adjacent to the structure, as per the submitted plan. These spaces shall comply with all ADA requirements. 5. All parking for the Open Air Market shall be on the property. 6. The Open-Air Market shall be limited to one-day events, twice a month, for ten months between the hours of 8:00 a.m. to 4:00 p.m. 7. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 8. In the event of inclement weather, or if inclement weather is imminent, which may threaten public safety, the Open-Air Market event shall be cancelled. 9. Prior to each Open-Air Market event, the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. 10.Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Open-Air Market Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the uses is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. The Tar Roof, LLC Page 3 of 3 Assembly Use • 1. Assembly Use events shall be limited 20 per year within the hours of 9:00 a.m. to 11:00 p.m. and shall be limited to 150 guests, or as otherwise determined by the Fire Marshall. 2. All parking for the Assembly Use shall be on the property. 3. No outdoor music shall be permitted after 9:00 p.m. 4. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 5. Any outdoor storage of merchandise, stalls or other materials is prohibited. 6. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permits. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the uses is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• m- . ' gency: Planning Department `1�� City Manager: 1�� Applicant The Tar Roof, LLC Agenda Item Property Owner Burrows Family Revocable Trust Public Hearing September 14, 2016 c;„i City Council Election District Princess Anne 6 Virginia Beach Request Cayman Lane q gib° �, Conditional Use Permits (Open-Air Market, ° Assembly Use) Staff Planner Robert Davis +/ md, „a P -70 AQ DN Location // 1791 Princess Anne Road GPIN / 2413021294 Site Size Muddy Creek Rood 3.5 acres AICUZ 65-70 dB DNL Existing Land Use and Zoning District Single-family, retail,fuel sales/AG-2 i. 1 Agricultural, B-2 Community Business *t , i i c gi Surrounding Land Uses and Zoning Districts iliiii**34. ' ° North ,, ' � 3,.,) t t t' Indian River Road z` r iit l' * Single-family,equestrian facility,cultivated fields/AG-2 Agriculture, B-2 Community ( '' ir ti, Business ...- 4,',..'' ' � - ,'.A a f4t - ! ;,' South , , 4 yyU Single-family, restaurant/AG-2 Agriculture, B-2 ,t , r Community Business ; "` fQ�a East °--'e ,- <1 s k N Princess Anne Road v ` ' 'it �� 1 f , a1 Vacant Retail/Conditional B-2 Community ' t ,";.krs { -`- ;v t ',0, Business '* 4 ` z 4. West t. »' Police Mounted Patrol Facility/AG-2 Agriculture The Tar Roof, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Open-Air Market to allow for the site to accommodate community events that will feature local vendors,food trucks, live art demonstrations, and live music by local performers. • The applicant has had four such events that were permitted through the City's Special Events Office. • The applicant will provide space for up to 34 vendors, primarily for local artists, crafters, and farmers selling seasonal produce on a weekly basis. Hours of operation are typically from 8:00 a.m.to 4:00 p.m. • There will be no outside storage of materials prior to,or after the event. • Access to the site is from two existing entrances along Princess Anne Road. One entrance is an asphalt driveway. The second entrance is an unimproved gravel driveway. • Parking will be accommodated within the grassy areas around the existing driveway. Overflow parking will be available on the western portion of the site.Total parking on-site will be 59 spaces. • The applicant has requested a waiver of asphalt pavement and curbing for the parking in the grassed areas.This request will be addressed during detailed site plan review should this request be approved. • The applicant also requests a Conditional Use Permit for Assembly Use to allow for weddings and similar events on the property.The site will be closed to the public when reserved for weddings. • These events will be limited to 150 guests and will typically take place between 9:00 a.m. to 11:00 p.m. B2 AG-2 • Rag 1 '2 / 1 Zoning History # Request i /jj 1 CRZ(AG-2 to Conditional B-2)Approved 04/24/2012 b70°°DN1 CUP(Auto Service Station)Approved 04/24/2012 a 2 CUP(Art Gallery)Approved 10/14/2003 ( AG-2 ca s 2• AG z 3 CUP(Auto Detailing)Approved 07/11/2000 t. c 4 CRZ (AG-2 to Conditional B-2)Approved 12/19/1988 Sit\k.e/ �� 2 AG-1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance The Tar Roof, LLC Agenda Item 6 Page 2 Comprehensive Plan Recommendations The subject property is located within the Rural Area and, more specifically,the Pungo Rural Village,the most recognizable gateway to the southern Rural Area of Virginia Beach.The Rural Area has a valued presence of existing agricultural and other rural-based economic activities. For these reasons,the City's Rural Area Preservation Plan serves to identify appropriate,fair and equitable planning policies that strengthen the rural lifestyle without diminishing the rural setting in the process. Key objectives of the plan are: 1) Preserve and promote vibrant agricultural economy;2) Reinforce rural heritage and way of life;3)Sustain natural resources for future generations;4) Manage rural area development and design. Pungo's character is defined by the presence of small retail businesses,an equestrian center, privately-owned land and residences,the City's mounted patrol facility,and conservation areas.The Plan's Guidelines for Pungo Rural Village serve to help retain its village character and avoid uses and building/site designs that are not in keeping with its character.The following planning guidelines should be applied to development proposals within the Pungo Rural Village: • Development proposals should reflect the existing rural character. • Older buildings should be considered for adaptive reuse redevelopment opportunities.Owners of historic properties(buildings 50 years of age or more)should consider nomination for listing on the local, state and national historic registers in order to take advantage of the historic preservation tax incentive programs,as noted earlier in this chapter,to assist with historic building renovation. (p. 1-128, 1-134, 1-135) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed.There do not appear to be any significant environmental features on the site.The single-family house on the site was built in 1852 and is included in the City's Reconnaissance Architectural Survey Report prepared in May 1993 by Traceries.The house is in use as an art gallery and will remain unchanged. Traffic Impacts Princess Anne Road 7,734 ADT' 12,000 ADT 1(LOS 4"D") Existing Land Use z-141 ADT Indian River Road 6,062 ADT 1 13,600 ADT 1(LOS 4"C") Proposed Land Use 3-141 ADT 1Average Daily Trips z as defined by a 3,173 'exact ADT cannot be determined due 4 LOS=Level of Service square-foot store variable nature of the size of events Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of Princess Anne Road is a two lane undivided road designated as a Rural Collector.There are no CIP projects scheduled for this portion of the roadway at this time.This segment of Indian River Road is a two-lane rural road and is classified as a Princess Anne Commons/Transition Area Parkway to be designed with an ultimate right-of-way up to four divided lanes to accommodate shared-use paths on each side,on-street bike lanes, landscaped median,and curb and gutter.This section is also included on the Map of Scenic Roads in Virginia and has been identified by the Commonwealth as part of the Green Sea Byway.There are no CIP projects scheduled for this portion of the roadway at this time. The Tar Roof, LLC Agenda Item 6 Page 3 Public Utility Impacts Water&Sewer City water and sanitary sewer is not available.The site is currently served by a Health Department approved private well and private septic system. Evaluation and Recommendation This Conditional Use Permit request for Open-Air Market and Assembly Use are generally consistent with the Comprehensive Plan's polices for the Rural Area.This proposal is consistent with the objectives of the City's Rural Preservation Plan and the recommendations for the Pungo Rural Village.The proposed Open-Air Market and Assembly Uses are compatible with the area's primarily rural commercial, residential, and agricultural related activities.The applicant has provided a plan that reflects thoughtful consideration of its surroundings and has worked with Staff in an effort to provide a high level of certainty in the implementation of their vision for these events. The Open-Air Market area will be located on the site of a 160 year-old house that the applicant leases as an art gallery. The grass areas on site provide ample space to accommodate parking.The applicant's parking management plan includes notifications for the general public prior to the events by providing: a) site map, instructions,and directions in the applicant's newsletter, social media pages,event pages,and websites; b) temporary directional signage posted along Princess Anne Road and throughout the site;and c) event staff to direct traffic. Restrooms will continue to be provided in the existing building and a "restroom trailer"will be bought in for the events. The site will be closed to the public when reserved for weddings and similar events. During use of the property as an Assembly Use,a professional valet service will manage cars and traffic control.A tent with a maximum size of 30 feet x 60 feet and luxury restroom trailers will also be provided.The house will be available for use by their clients. Event staff will remain on-site during all events. During Staff's meetings with the applicant,a process was developed by which all appropriate City agencies will remain actively involved in ensuring the safety of all the visitors and employees of the facility. For the reasons stated above, Staff recommends approval of this application as conditioned below. Recommended Conditions Open-Air Market 1. The activities held on the site,the number of vendors,and the location of food trucks shall be as depicted on the submitted layout plans which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The Open Air Market shall be limited to the sale of works by local artists,crafts, homemade items locally grown produce, locally prepared food products,and food trucks.The market shall not sell 'hard good'type of items other than those indicated. The Tar Roof, LLC Agenda Item 6 Page 4 3. The traffic control plan and parking management during events shall be as detailed in the"Evaluation and Recommendation"section of this report. A Certified Traffic Monitor shall be onsite during the hours of operation of the Open Air Market to assist with traffic control. 4. Two handicap spaces shall be provided in the area adjacent to the structure,as per the submitted plan.These spaces shall comply with all ADA requirements. 5. All parking for the Open Air Market shall be on the property. 6. The Open-Air Market shall be limited to one-day events,twice a month,for ten months between the hours of 8:00 a.m.to 4:00 p.m. 7. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 8. In the event of inclement weather,or if inclement weather is imminent,which may threaten public safety,the Open-Air Market event shall be cancelled. 9. Prior to each Open-Air Market event,the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department,Commissioner of Revenue,Zoning Department and Health Department. 10. Subject to Section 221 (k)of the Zoning Ordinance,an annual review based on the date of City Council approval shall be performed by the Planning Director of the Open-Air Market Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the uses is not detrimental to the public health,safety,and welfare. Furthermore,this use, as conditioned herein,shall not cause public inconvenience,annoyance, disturbance,or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic,or overflow parking. Assembly Use 1. Assembly Use events shall be limited 20 per year within the hours of 9:00 a.m. to 11:00 p.m. and shall be limited to 150 guests,or as otherwise determined by the Fire Marshall. 2. All parking for the Assembly Use shall be on the property. 3. No outdoor music shall be permitted after 9:00 p.m. 4. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 5. Any outdoor storage of merchandise,stalls or other materials is prohibited. 6. Subject to Section 221 (k)of the Zoning Ordinance,an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permits.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the uses is not detrimental to the public health,safety,and welfare. Furthermore,this use, as conditioned herein,shall not cause public inconvenience,annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic,or overflow parking. The Tar Roof, LLC Agenda Item 6 Page 5 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. The Tar Roof, LLC Agenda Item 6 Page 6 ..:..,,....s..,..:. Proposed Site Layout ` " �.4 .\\* , .. {\ L Odpb3N!Vv ... , . ' ' : +++ 7 5jR-.; Y 4r G '1 Z Ilt - { - it r 4 �•• lc; Ifi • . ' µ,-b'.. .,,r, 'F s //f 1-' 4 ' `� ' ,�� tib .t '3 `moi 4.,. r .7:;...,,,,"4';' +5 fib, , r I Pr. `4Y ,4 -x. A, r ..of *k _ ..„i.,,,,,./..:itilti-.. , , . i.." 04.1, F +t �vw i lx F c. 11 The Tar Roof, LLC Agenda Item 6 Page 7 Proposed Site Layout Details — ° .. .... $61110tAit,J Q a? s t + UU a , 51�3b �/] 4.44 cao a m c� i oo CO 153 11 y�b1 na- 1 E Z ,e , ' x X ct N 2 zp f x c h 0 Z N N LL LLp F �_ O QYI� ' \_ W 0 8 2 2 he u _� c 4 .r' O O N M ceY Y Aa w w w w ©v I z z z z a o ' © O O O O o W ' :11:1 z z O z z Z Z LL . . 2 o n w wea ` a . a a < < o ...".'a*4 i ' *'''-,-, Z T. n 12 UV o 7 cc cc' o I% B 8 q U. N ti TX ERIO W I I Ir' 2 u W x g° xW 2i z'/ H Wz ~LL Wy Q wd aQ i7 I3 KO 23MO 9Pdtlrd J ( , U a a. 7 7 an'; s3oveS u t R-=g N uJ O __ avW'INJO4,in 33S 941)/u"MOljfi3A0 The Tar Roof, LLC Agenda Item 6 Page 8 Proposed Overflow Parking Details ` ib',sr > �, it ,�, Tom. : .,,� c ti,` Y K w""'M / �. R LL 04. V Wcn Iro J w• .1 O o -- .� I- w w LI-1 LL • C Ai ' . a.. CD V a0- Z 1 a <o mo ,_ � Cl) ao X G Z c. x o 7 W a • �! N H O w 0 7 Z o N O Z 0 N x Q J Y c7i >c z u. a CC W U o o H d �Jy 8 -- o N m tA. O o 0N CC re z J J1 0 Y Z w o 11 SPACES r m c o I 1 I Ialk'14 I .1.7.1:--1.11....' D J > N O O 4 W —I O. The Tar Roof, LLC Agenda Item 6 Page 9 Site Photos 7 '. �.'� r ;,.'°'�'.. �.�.a::..' .r — •�.ter r��?+; • • • • The Tar Roof, LLC Agenda Item 6 Page 10 Site Photos r- - 1 H i h _ ,......_ ., . _ ...... , ,,„. ,,.. ,. . • _ ,.. .. , .. . or•------ it iiit if-:: ... 3 .. .. ....., ...... ___..... ,,,..„0„.„- • - __,. . ,.... ...... . .. . . ........._, ...." - - LOCAL ART I _.. , .. . - 'it •. , f 1.f. • 1 .4 4, , . 4 s-, t.,, ) .,-. GALLERY EVENTS - 41:711.4,- , '„. ..,--, ,: . ..:-.'1_,,__. ',' „11_ --_ . r _._ - •I. ofifI 1 44 , . ” .4-'1-.4.•41,, ,Y-! 45.„="!.'',, ,. 4 . ' ,''-r•-• ,=-0t .''' ' '=,4 , 4,-=, rgi . - ' t-1..;'''-t7A,... . 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'.,/,icK);!•;'..• .-, it'",- ' 1 , .-rz,i. i 1 '' '66141111ilp r . , The Tar Roof, LLC Agenda Item 6 Page 11 Disclosure Statement Virginia Hear h APPLICANT'S NAME 13A Tr�r Road 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 -,-.27‘ss/r/e#7#1 Page lof7 1(7 (p 461 Robert Davis The Tar Roof, LLC Agenda Item 6 Page 12 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. g Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: The TAr Rao LLC, If an LLC, list all member's names: Edwart Coo kriSline CowlPo If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prp_perty owner is different from Applicant. E6 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:_ J�,1tYY�Lf�� Qiry1! I y If an LLC, list the member's Rc names: �� tom` Te>Se ?k �. uft0_4515 4-Tod< R cr S Page 2 of 7 The Tar Roof, LLC Agenda Item 6 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 l 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 The Tar Roof, LLC Agenda Item 6 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE l PROVIDER(use additional sheets it ----- I needed) O Accounting and/or preparer of your tax return ❑ 121 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ 121 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed O © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O Construction Contractors ❑ [2] Engineers/Surveyors/Agents Financing(include current ❑ d mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • 121 Legal Services Real Estate Brokers/ ❑ r2f 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 ❑ r-yq an interest in the subject land or any proposed development LJ 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 The Tar Roof, LLC Agenda Item 6 Page 15 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.� _ io ��,�101 ,,I "Ps'- divotrd Covtp6 The Tor APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 The Tar Roof, LLC Agenda Item 6 Page 16 Disclosure Statement OWNER Virginia Beach YES [ NO I I SERVICE I PROVIDER(use additional sheets if ❑ 0 Accounting and/or preparer of your tax return ❑ 0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than • © the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ Q 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/ ❑ 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ i-i an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 The Tar Roof, LLC Agenda Item 6 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 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.re-+. /1.) j,;:v Jc' g„, PROPERTY OWNEWS SIGNATU1.2,E,, PRINT NAME f DATE o. r Page 7 of 7 The Tar Roof, LLC Agenda Item 6 Page 18 Item#6 The Tar Roof, L.L.C. Conditional Use Permit 1791 Princess Anne Road District 7 Princess Anne September 14, 2016 CONSENT An application of The Tar Roof, L.L.C. for Conditional Use Permits(Open Air Market and Assembly Use) on property located at 1791 Princess Anne Road, District 7, Princess Anne. GPIN: 2413-02-1294-0000. CONDITIONS 1. The activities held on the site, number of vendors, and location of food trucks shall be in the locations as depicted on the submitted layout plans that have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The traffic control plan and parking management during events shall be as detailed in the "Evaluation and Recommendation" section of this report. 3. Two handicap spaces shall be provided in the area adjacent to the house, as per the submitted plan. These spaces shall comply with all ADA requirements. 4. The Open-Air Market shall be limited to once per week between the hours of 8:00 a.m.to 4:00 p.m. 5. Live amplified music performed outdoors shall not occur after 10:00 p.m. 6. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 7. Any outdoor storage of merchandise, stalls or other materials is prohibited. 8. Prior to each Open-Air Market event; the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department, Commissioner of Revenue,Zoning Department and Health Department. 9. Assembly Use events shall be limited 20 per year within the hours of 9:00 a.m.to 11:00 p.m. and shall be limited to 150 guests, or as otherwise determined by the Fire Marshall. 10. Subject to Section 221 (k)of the Zoning Ordinance,an annual review based on the date of City Council approval shall be performed by the Planning Director of the Open-Air Market and the Assembly Use Conditional Use Permits.These uses may be allowed to remain on the site, subject to a determination by the Planning Director that the presence of the uses are not detrimental to the public health, safety, and welfare and that the continuation of the activities on the site, as Item#6 The Tar Roof, L.L.C. Page 2 conditioned herein,do not cause public inconvenience, annoyance, disturbance, or an undue impact on the community, or are incompatible with other uses in the vicinity. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 6. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 7-0,the Commission approved item 6 for consent. The applicant Edward Compo appeared before the Commission. ~ f - - 4, ,,,,,\ t-1-')`‘.,,N0414'N'44., -...._ "...,„ -. . '.• '`.,. ......`77.../ '' "I. ,."? 441144441111/4>:*,,,,, ' de.\ , ' N ------_, \ \ •4./0 , -„„/ • \.,. _.-. . "ipAll 1 i N „,:\\\\\ \,..t... Lill \ Y \ ' ,_ .. %� ,- ` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HARRIS TEETER PROPERTIES, LLC [Applicant] AH SANDBRIDGE, LLC [Property Owner] Conditional Use Permit (Fuel Sales) 2105 Princess Anne Road (GPIN 2414129860). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: October 18, 2016 • Background: In 2013, City Council approved a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District on the subject site. The approved proffers prohibited development of the two future out-parcels within two years of the City Council's approval of the rezoning. The two year time period has elapsed, and therefore the applicant has submitted this proposed development of one of the outparcels located on the site. The applicant requests a Conditional Use Permit for Fuel Sales to allow for 14 fuel pumps, a fuel canopy, and sales kiosk in conjunction with the existing Harris Teeter grocery store. The location of the proposed facility is at the southwest corner of the Sandbridge Road, Princess Anne Road and Upton Drive intersection. The proposed sales kiosk and canopy will be constructed using materials that match the existing grocery store. All signage associated with the fueling station will conform to the requirements of the Zoning Ordinance. • Considerations: The subject outparcel is directly adjacent to a large commercial site that is developed with a grocery store, dental office, veterinary office, gym, Goodwill Donation Center, a restaurant and other commercial uses. Accessto the outparcel will be provided from within the existing parking area of the commercial center, and no new ingress/egress points from Princess Anne Road are proposed. This proposal was presented to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee on August 4, 2016, and no land use concerns were raised. In Staff's opinion, the proposed use of the site for a fueling center is compatible with the surrounding area. Further details pertaining to the request, as well as Staffs evaluation are provided in the attached Staff Report. There was no known opposition to this request. Harris Teeter Properties, LLC Page 2 of 3 • Recommendation: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 6-0, with one abstention, to recommend approval of this request with the conditions listed below. 1. With the exception of any other conditions of this Conditional Use Permit, the site shall be developed substantially in conformance with the submitted site plans entitled "HARRIS TEETER FUEL CENTER STORE #419 SANDBRIDGE, SITE PLAN," dated June 30, 2016 and "HARRIS TEETER FUEL CENTER STORE #419 SANDBRIDGE, LANDSCPE PLAN," dated July 1, 2016, both prepared by Kimley Horn. Said plans have been exhibited to City Council and are on file in the City of Virginia Beach Department of Planning and Community Development. 2. With the exception of any other conditions of this Conditional Use Permit, the building (sales kiosk) and fuel canopy shall be developed in substantial conformance with the submitted elevation drawings entitled, "HARRIS TEETER FUEL CENTER- SANDBRIDGE- VIRGINIA BEACH, VA." 3. Except where modifications are necessary to meet the requirements of the City Landscape Guidelines, the plant materials shall be installed in substantial conformance with the landscape plan that was approved with the conditional change of zoning approved by City Council on June 11, 2013. Said landscape plan has been included in this report, exhibited to City Council, and is on file in the Department of Planning and Community Development. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted photograph included in this report. The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office. Signage for the site shall be as follows: a. Directional signs; b. One (1) monument-style freestanding sign, as provided in condition 4; c. Two (2) canopy signs, two (2) building signs, or one (1) sign each on the canopy and the building. Any sign installed on the north and south faces of the canopy, as depicted in the submitted elevation drawings, may display fuel prices; however, per Section 217 of the Zoning Ordinance, the fuel prices shall not be electronic displays; Harris Teeter Properties, LLC Page 3of3 d. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter pf the length of each side. Signage on the canopy shall not be internally or externally illuminated; e. There shall be no signs other than allowed above, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy light poles or any other portion of the site. 6. Prior to the commencement of development on the outparcel, a plat shall be recorded with the Clerk of the Circuit Court. 7. Upon recordation of the plat for the subdivision of the subject parcel, an easement shall be recorded providing that the parking spaces along the western property line of the site, as shown on the submitted site plan, will be available for use by the subject parcel and by the larger parcel containing the existing commercial development. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- ilk 4 - . ' gency: Planning DepartmenOrir-----' City Manager. ,A Applicant Harris Teeter Properties, LLC Agenda Item Property Owner AH Sandbridge, LLC :6401t all ,� Public Hearing September 14, 2016 14 cu�i,f City Council Election District Princess Anne Virginia Beach Request E= May Conditional Use Permit (Fuel Sales) °��Q�'gye' ',4,,'�"w� , Staff Planner Kevin Kemp PPca.,„, 1 Ra6e`'°j,�ne ay ��0-0,..e„.. ° 7.ti 65-70 dB CNL o° 0' Location S /,� c 8 \ F�Mi„yam Ue a� 2105 Princess Anne Road s GPIN A '�et 1P,, 2414129860 ,„0024'4'''' ` Fg Site Size t ' e 11.18 acres �` AICUZ �s`� , 65-70 dB DNL; Sub-Area 2 wr / wn Existing Land Use and Zoning District Commercial/Conditional B-2 Community Business k Y, I Surrounding Land Uses and Zoning Districts i qb North �` Princess Anne Road '_ Mixed retail B-2 Community Business - A .� South . t .c Co. Undeveloped/AG-2 Agricultural J East ',, ; ,,ryU Princess Anne Road Fuel Sales& mixed retail/B-2 Community . J�� Business ° West i t ,; School/AG-2 Agricultural f, yp, Harris Teeter Properties, LLC Agenda Item 14 Page 1 Background and Summary of Proposal • City Council approved a change of zoning from AG-2 Agricultural to Conditional B-2 Community Business District on the subject site on June 11, 2013.The approved proffers were modified on January 20, 2015 to include childcare centers and massage parlors as permitted uses on the site. • The approved proffers prohibit development of the outparcels within two years of the approval of the rezoning of the property.The two-year time limitation has elapsed, and the applicant has brought this development proposal forward. • The approved site plan for the approximately 11 acre site includes two commercial buildings, as well as two outparcels.The outparcel identified as"Outparcel II" on the approved plan is the site of the proposed fueling station.The larger site is currently developed with two commercial buildings, including a Harris Teeter grocery store, a dental office, a veterinary office, a gym,a Goodwill Donation Center, a restaurant and other commercial uses.The two future outparcels are currently undeveloped. • The applicant proposes to develop the site with a fueling station that is associated with the Harris Teeter grocery store on the site. • Site Design: o The submitted site plan shows the kiosk and canopy located in the middle of the site.There are 14 fueling positions proposed. o Access to the fueling station will be from the existing parking area of the commercial center.Access easements will be recorded on the plat when the outparcel is created. o The planting plan that was approved by City Council with the original rezoning application will be adhered to.A 20-foot landscape buffer along both property lines adjacent to Princess Anne Road.The buffer will include a berm with a mix of canopy trees and shrubs. o There are two parking spaces, including the required handicap space, shown on the submitted plan. Additionally,there is a row of 11 spaces associated with the retail center included on the parcel.An easement will be recorded that will allow for these spaces to be used by customers of the larger commercial center. o A monument sign is proposed in the northeast corner of the site.The sign will have a brick base and green metal cover to match the fuel station kiosk building.The sign will display the name of the fueling station and have two electronic display for gas prices. • Architectural Design: o The proposed canopy will have brick support columns to match the brick of the grocery store.The roof will be green, standing seam metal.Signage will be displayed on the canopy that meets the requirements of the Zoning Ordinance,and a condition is recommended that reinforces this. o The proposed kiosk building will have a brick facade to match the existing grocery store.The roof of the kiosk will be green,standing seam metal to match the canopy. o There is a dumpster proposed at the rear of the site.The dumpster will be screened with a brick wall to match the kiosk building. o There is an ice machine shown on the west elevation next to the kiosk building.This outdoor vending machine will not be permitted unless entirely screened from view from the rights-of-way. Harris Teeter Properties, LLC Agenda Item 14 Page 2 • This site is impacted by the Princess Anne Road Phase VII Capital Improvement Program (CIP) project involving the realignment of Princess Anne Road. Further explanation of the impacts are provided below in the Traffic Impact section of this report. • This proposal was presented to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee on August 4, 2016 and they did not raise any land use concerns with the proposal. , T9 ‘, B-2 Zoning History R 20 N # Request AG-2/ A ��° 1 MOD (Proffers)Approved 01/20/2015 11164„,• CRZ(AG-2 to Conditional B-2)Approved 06/11/2013 ./ o om° STC Approved 06/28/2011 65.70 dB p1 t 42 CRZ(AG-1/2 to Conditional 0-2)Approved 02/12/2013 AG-1 � ��'" 3 CUP(Bulk Storage Yard)Approved 02/28/2012 CRZ(AG-1 to Conditional 0-1 & B-2)Approved 02/24/2009 B-2 / 4 CUP(Fuel Sales)Approved 12/11/2001 AG-2 /B-2'/' \ 5 CRZ(B-2 to Conditional A-12)Approved 12/11/2001 6 CUP(Church)Approved 07/14/1993 BIS AG-2 _ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the Transition Area. The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area, promoting open space and a low density.This part of the city is characterized by many high quality residential neighborhoods with significant open space areas. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines.These Guidelines include striving to achieve the goal of attaining 50%open space including berms,trees, buffer, and trails to create safe accessible and attractive roadway corridors and internal green space to provide attractive vistas, recreational areas and protect natural resources. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Harris Teeter Properties, LLC Agenda Item 14 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 15,500 ADT 1 15,000 ADT 1(LOS 4"D") Existing Land Use 2-557 ADT Proposed Land Use 3-2,300 ADT Sandbridge/Upton intersection 13,300 ADT 1 15,000 ADT 1(LOS 4"D") 1 Average Daily Trips 2 as defined by a drive-in 3 as defined by a gas station with 14 4 LOS=Level of Service bank with four drive thru fueling positions windows Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is currently a two-lane undivided minor suburban arterial to the east of the site and south of the site.The Princess Anne Road Phase VII CIP project as currently designed will widen Princess Anne Road to a four-lane divided roadway from General Booth Boulevard to Sandbridge Road/Upton Drive and this project includes improvements to the Princess Anne/Sandbridge Road/ Upton Drive intersection to increase the capacity of the intersection and to improve safety.This project is currently scheduled to begin construction in 2018 and be completed in 2020.There are no current CIP projects to widen the portion of Princess Anne Road west of Sandbridge Road/Upton Drive intersection. Public Utility Impacts Water The site must connect to City water.There is a 10-inch City water main along Princess Anne Road. Sewer The site must connect to City sanitary sewer.There is a 12-inch City force main along Princess Anne Road. Evaluation and Recommendation This proposal to create and develop an outparcel at the northeast corner of a larger existing commercial development was anticipated when the property was rezoned in 2013 and when developed with the existing commercial center. In Staff's opinion, use of the site for a fueling center is compatible with the surrounding area.Additionally,the proposed use of fuel sales is consistent with other uses in close proximity to the site, particularly with the 7-Eleven with fueling stations located at the same intersection.The proposed site layout and kiosk and canopy elevations depict a design that is aesthetically pleasing and constructed using quality building materials that match the existing commercial center on the site. Traffic Engineering has worked with the applicant's Engineer in the development of the Trip Generation Memorandum for the proposed fuel station (pages 14-16 in this report).The memorandum references a traffic study that was done in 2012/13. In this traffic study,the subject parcel's land use was a drive-thru bank.Although the fueling station will produce a higher trip generation,the peak hour trips for both uses will be similar, and therefore the change in traffic impact is not expected to be significant. No new access points are proposed with this development; however, leaving the site to make a left to travel north on Princess Anne Road may be challenging at times of high traffic volume.The Traffic Impact Study(TIS)submitted by the applicant notes that there could be significant delay times for cars making left turns exiting the shopping center. It is likely that with such delays, most vehicles will avoid making left turns from the shopping center; however,these possible delays may cause some vehicles to take chances while exiting the site that could result in safety problems.All access points to the shopping center are unsignalized, and the Traffic Engineering Harris Teeter Properties, LLC Agenda Item 14 Page 4 Department has made the applicant aware that because of the proximity of the access points to the Princess Anne Road/Sandbridge Road/ Upton Drive intersection, a signal at any of these points would significantly impact traffic flow on Princess Anne Road, and would not be recommended. Based on the considerations above,Staff recommends approval of this request as conditioned below. Recommended Conditions 1. With the exception of any other conditions of this Conditional Use Permit,the site shall be developed substantially in conformance with the submitted site plans entitled "HARRIS TEETER FUEL CENTER STORE#419 SANDBRIDGE, SITE PLAN," dated June 30, 2016 and "HARRIS TEETER FUEL CENTER STORE#419 SANDBRIDGE, LANDSCPE PLAN," dated July 1, 2016, both prepared by Kimley Horn.Said plans have been exhibited to City Council and are on file in the City of Virginia Beach Department of Planning and Community Development. 2. With the exception of any other conditions of this Conditional Use Permit,the building(sales kiosk)and fuel canopy shall be developed in substantial conformance with the submitted elevation drawings entitled, "HARRIS TEETER FUEL CENTER-SANDBRIDGE-VIRGINIA BEACH,VA." 3. Except where modifications are necessary to meet the requirements of the City Landscape Guidelines,the plant materials shall be installed in substantial conformance with the landscape plan that was approved with the conditional change of zoning approved by City Council on June 11, 2013.Said landscape plan has been included in this report,exhibited to City Council, and is on file in the Department of Planning and Community Development. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted photograph included in this report.The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance.A permit shall be obtained for all signage from the Zoning Office.Signage for the site shall be as follows: a. Directional signs; b. One (1) monument-style freestanding sign, as provided in condition 4; c. Two (2) canopy signs,two (2) building signs, or one (1)sign each on the canopy and the building.Any sign installed on the north and south faces of the canopy, as depicted in the submitted elevation drawings, may display fuel prices; however, per Section 217 of the Zoning Ordinance,the fuel prices shall not be electronic displays; d. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter pf the length of each side. Signage on the canopy shall not be internally or externally illuminated; e. There shall be no signs other than allowed above, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors,canopy light poles or any other portion of the site. 6. Prior to the commencement of development on the outparcel, a plat shall be recorded with the Clerk of the Circuit Court. 7. Upon recordation of the plat for the subdivision of the subject parcel,an easement shall be recorded providing that the parking spaces along the western property line of the site, as shown on the submitted site plan,will be available for use by the subject parcel and by the larger parcel containing the existing commercial development. Harris Teeter Properties, LLC Agenda Item 14 Page 5 8. Upon recordation of the plat for the subdivision of the subject parcel, an easement shall be recorded providing access to the subject site through the parking area of the adjacent parcel containing the existing commercial development. 9. The ice machine depicted on the elevation drawings next to the kiosk building on the western elevation shall not be permitted unless screened entirely from view from the right of way.Screening shall be no shorter than six- feet in height and shall be constructed of high quality building materials to complement the material and color to match or complement the kiosk. 10. Any vacuum or air pump machines shall be screened with evergreen plants of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 11. The proposed dumpster shall be entirely enclosed using brick to match the kiosk building, as shown on the submitted photographs included in this report. 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. Harris Teeter Properties, LLC Agenda Item 14 Page 6 Site Layout & Landscape Plan approved June 11, 2013 CONDITION #3 ,,,(((��...�� 1 11 k E 4 e 111 11" \ 1 /� ` ! §0! «„m<7o ;_ Cyt �,_--'? YF@p ff�i t hN 1jll1' Alt a i b P �i $ $C I I- 151 ii I- X11 (I' & 4 37 ,be mur lit __ '� 8' PROPOSED LOCATION OF FUELING STATION 1 it; Y if 4 i \ li 1 g 11, t•s l''I 111't1 -- .' ,,,or 1:p}po' 4 3 44 t r 1�hatit ov V10 1114,,I1 -:-e'..--#. ' NI p v '”'d#" 0 kt*' V �'itii • - .0 '�I � [O• P i 0 ISI / ,.• 11' --S-1 " z _ I L � i t t ��9 ki) il.°1 1!1 ii.p.-=, :'_ 1= - 111C ■ Q Q Q4 ta a - 7_ Q S • W S �Q- N Q of O o �d G z m ¢v oa Ill Z it 2 a Q t CL 6 a z Z) 0 .. 1m 2 Pi > g a1 La I u< L m o Harris Teeter Properties, LLC Agenda Item 14 Page 7 Proposed Site Layout n Irl//0 , t, tivL, ° y lr\j ?:? m -N 1,04 3 YY d j gs ' a • r 2-s • nt � -h 3Epp v .^ tt LTFt a) ; = x ,-i .3 mfc �AuWdt R ald fY t W 1 I N.\ / U) i ---.1 ra . r ' Ilk N, s i i I L. g I N‘i ilik \9k‘ 9 i il 1:0 la tn LU . . , 4 ,A. 0 .4,140. 44*40 . s ,.. f__ LL , ,414 . „,,,,4 ILI ',i,‘ . '\ 4 , v, a0 --,. . /1.,,i_. Abo. . . I ,. , ,._. 46, 4te•. .... 0 IN Z Ll fl 2 Q t ? �€ U p Zn y O K N [• }, /� I— Q S 0 S ry 1,:;: "� lO 41 Q f 0 }? itr .i W 111 L• O u},•. C Q z Q u u ,J „— P.1 Z fi- , O Z nit ' O O 0� : . R Harris Teeter Properties, LLC Agenda Item 14 Page 8 Proposed Site Layout a3 ,a,r,ll , , 350.10n. Mild 311S \_ 1 SO*.o s U .�... 3.1313'1 3 3. slaatl:r,.. n s � agii ii 'lll .; lid - - gr_ i_ 8tf I 3 4g o II ¢gI s E�: _yQyQ;' ea =I I 1 1 ; ¢ x5 ii ! 8 X,1 ag; i i i f . ! i j 1 t6,i t 1d�l % /�..� 51 ii!I S s' Of L 888 _ 4 [a 3 41E ZJ a illi g' _ (: _� ( II E'a i €€k €€ I �gl 'r _ I �� ; yit€!ii R A l ti 1 ii a sx N.7 8 'su g g a 55 ._ �L..slit s • i 6 — a - a , (4 71 ; i I 9 ,I I ,I Q i A i /7 / :10! I r. i 4 \ I --- ,� I I 1 . l jitel , ) e$;q I k a t Oliolikk 4gelI r Harris Teeter Properties, LLC Agenda Item 14 Page 9 Proposed Site Layout of Fueling Station , .fl • , , , i,, 9 , IAnd 3dVOSONV1 ,16 tr) .u.- _ _ .'`'-=_I ,, „- r.,..- t. • 0 E it! ill —- u' ; - ' 1 - 4 Fd112 ! i 1 i ; s g ! 1 1 if r 1.! 1 I TM! ? i 1 il 4 1! L w 1 8 i f 17PR e s gt Pt /, .g g . „ i 5 pel-1 ! ii i ; ii* li i i il 1 F 1 2 : i 1 , i illfill . 11 p fr 4 81 I ! I 1 i 1 ; 11 higall i lz le I!! ii ji :' ' 41 11 ; f 1 4 1111 !, V 4 11 - El 2 il ; : S 16111 ; egigfg ! fi fl ii 4 f! . gl; _ gF, 1 l I- SI c . ;1•• ! ' ig x tLi 1 i iit ; I iii611 i !; I! III 4 il il 1 [1 A g 'A 4 ,, //at, 1 g; g 1 5i '4 2; p - , illge't ' li 1; 41 11 I; ”' 'b I. ga 111111 §;!;!4i :1 :i ;1 1:t ii ig e a i 8 9 I g- ! gg 5 i A1144 eY it 0 !IA pg ii 0 i ii 8, if ; ifii 1 CD' 1 i 1 0 1 V g ; giNg11:1 ig ;7 ig 45 p ig r . i! !I 0 ! 5 Xi 1 1$ 1 li ; ! ; lytA 4 1! ,.; hi Ai 1; ! !I $t hi 1 2 I 1:1. 1 LI i 0 4 4 4! 4 it 4 1 I !I ti " ! fl ffl tri -k III - -t YE r' -- ' ttl'F* I 1 1! b g -I . . V I .a . ii I 1 . , . . . . . . k 0 -0----al.--- - 1 ' I iche i.I ecii 4:1 . 1 ri, J ; • ,.., , 112,01.1.12" , , . c ., , , . . . , , . , , 1 ; , ____ _...................._........ Harris Teeter Properties, LLC Agenda Item 14 Page 10 Proposed Elevations AMO �t:f fl f.0 fa.xr. \, Harris Teeter Fuel AWi fT,..fNyr:. LJVLL.. ttel H'e �f2N N RTOEU4Rf. [f.RRMF r,!„pA!fNAlf 1ffMAa South Elevation � NUuxlff fut1(L•LLV N.lAl Rr,W iUtulltM,fGllrfAltY f.PflAl Wft[,v10.11 r,n{ftippf/ftp PRYRlI , • vac- It t East Elzvulion(HtghtJ , HARRIS TEETER FUEL CENTER -SA NDBRIDGE-VIRGINIA BEACH,VA %f�R.faawNl.Rff. .fNfW. Harris Teeter Fuel i fl,mfu!frf r$Lft'.MN rMM N,fi+rxMfi fxgr Vi1nf R.tM ' r f 1 r,Ev.R:ii.f mom, I E"I 11111 North Elevation t,. . r,a„ftu=,*, fsnn sunMfUff.ftiW+ gi �3y qT West Elevation(Left) II-RRI,<IF/-IIR iL'l.I(IA['Lk k-\Y)BI:ILGt-VIRGINIA BEACH,VA Harris Teeter Properties, LLC Agenda Item 14 Page 11 Trip Generation Memorandum Kimley>>>Horn MEMORANDUM To: Ric Lowman,P.E. From: Carroll E. Collins,AICP Whitney Sokolowski,EIT Kimley-Horn and Associates,Inc. Date' July 1,2016 Subject: Harris Teeter Fuel Center Trip Generation Memorandum INTRODUCTION The purpose of this memorandum is to summarize and compare the projected number of new site trips that would be generated by the addition of a customer-incentive-based fuel center adjacent to the existing Harris Teeter grocery store.The existing site is located in the west/southwest quadrant of the Princess Anne Road and Sandbridge Road/Upton Drive signalized intersection in Virginia Beach, VA,shown in Figure 1.As part of a previously completed Sandbridge Shopping Center Traffic Impact Analysis,dated August 2012,a bank with four drive-through lanes was proposed for one of the outparcels located on the site with the existing Harris Teeter grocery store. The current zoning is B-2 Community Business District.The applicant is applying for a Conditional Use Permit(CUP)to develop a Harris Teeter Fuel Center with 14 fueling positions in the location of where the bank was originally proposed.An evaluation was conducted to compare and assess the trip generation potential of these two developments.The intent was to determine if there are significant differences in overall trip generation characteristics between the two uses and if there could be traffic related impacts different from those anticipated with the previously assumed bank with four drive–through lanes use. Through coordination and collaboration with the City,we anticipate that the findings from this trip generation comparison analysis will support the approval of the CUP for fuel sales associated with the proposed Harris Teeter Fuel Center, TRIP GENERATION To evaluate the comparison of the trips generated between the previously considered Drive-In Bank and proposed Harris Teeter Fuel Center,the ITE Trin neratiorLddanual(9'h Edition,2012)was used to determine the most appropriate land use related to these developments.The following ITE land uses codes most accurately match the descriptions provided in the Trip Generation Manual: Drive-In Bank(ITE LU Code 912) Convenience Market with Gasoline Pumps(ITE LU Code:853) The proposed Fuel Center has the potential to create new trips,but also to attract trips from traffic already traveling along adjacent study area roadways—pass-by trips.Additionally,due to the proximity and the customer-incentive-based nature of the Harris Teeter Grocery Store and Fuel Center,an internal capture reduction was applied to the Fuel Center to account for motorists who would access both land uses during a single trip to the shopping center.Internal capture trips are not made on the external street network and are a reduction that is applied externally to the site. kimley-horn.com 4500 Main Street Suite 500,Virginia Beach.VA 23462 757 213 8600 Harris Teeter Properties, LLC Agenda Item 14 Page 12 Trip Generation Memorandum Kimley>>>Horn ITE provides guidance,based on case studies,for determining an appropriate level of pass-by and internal capture reduction for specific land uses.Through conversations with the City of Virginia Traffic Engineering Division,it was agreed that ITE based pass-by percentages should be applied to the two land uses and that ITE based internal capture percentages of 20%for the PM peak period should be applied to the Harris Teeter Fuel Center for trip generation comparison purposes. Drive-In Bank: Convenience Market: ■ Pass-By Reduction ■ Pass-By Reduction • Daily=47%Reduction € Daily=61%Reduction • AM Peak Hour=47%Reduction e AM Peak Hour=63%Reduction • PM Peak Hour=47%Reduction e PM Peak Hour=66%Reduction e Internal Capture Reduction AM Peak Hour=0%Reduction PM Peak Hour=20%Reduction Table 1 summarizes the estimated daily,AM peak hour,and PM peak hour trip generation for the previously proposed Drive-In Bank.Table 2 displays the estimated daily,AM peak hour,and PM peak hour trip generation for the proposed Harris Teeter Fuel Center.Table 3 illustrates the comparison of trip generation between the two developments. Based on the trip generation comparison,the new Fuel Center development produces 69 more trips during the AM peak hour and 6 more trips during the PM peak hour than the previously proposed Drive-In Bank development.The comparison results reflect a minimal difference in trip generation estimates between the Drive-In Bank and Harris Teeter Fuel Center particularly during the PM peak hour Table 1:Drive-In Bank Trip Generation AM Peak Hour PM Peak Hour ITE Land Use Cade Size Unit Daily Total In Out Total In Out Drive-In Bank l 912 I 4 Lanes 557 . 37 22 15 133 1 65 68 I Pass-By(47%Daily,47%AM;47%PM) 262 17 10 7 63 31 32 Total Site Trips i 295 20 12 , 8 70 I34 36 —i _ -- kirniey-horn.com 4500 Main Street.Suite 500,Virginia Beach,VA 23462 757 213 8600 Harris Teeter Properties, LLC Agenda Item 14 Page 13 Trip Generation Memorandum Kimley>>>Horn Page 4 Table 2.Proposed Harris Teeter Fuel Center Trip Generation ITE AM Peak Hour PM Peak Hour ITE Land Use Code Size Unit Daily Total In Out Total In Out Convenience Market I 853 14 Fueling 7,597 238 119 119 280 140 140 with Gasoline Pumps Positions Subtotal 7,597 238 119 119 280 140 140 Internal Capture(0%AM;20%PM) - - - - 56 28 28 Pass-By(61%Daily,63%AM;66%PM) 4,634 150 75 75 148 74 74 Total Site Trips 2,963 88 44 44 76 38 38 Table 3:Trip Generation Comparison ITE AM Peak Hour PM Peak Hour ITE Land Use Code Size Unit Daily Total In Out Total In Out Drive-In Bank 912 4 Lanes 295 20 12 8 70 34 36 Convenience Market 853 14 Fueling 2,963 88 44 44 76 38 38 with Gasoline Pumps Positions Difference in Site Trips • 2 668 69 32 ' 36 6 4 2 (Convenience Market—Bank) , ___ Based on the information provided,Kimley-Horn requests that you consider and approve the proposed trip generation for the Harris Teeter Fuel Center as appropriate for this CUP application. If you have any additional questions concerning the above,please do not hesitate to contact me at carroll.collins(akimlev-horn.com or my direct line at(757)213-8616. KIMLEY-HORN AND ASSOCIATES,INC. Carroll E. Collins,AICP Project Manager 00 V njinia Beach SVA 2346 `;,* , rr 7 tc�c) Harris Teeter Properties, LLC Agenda Item 14 Page 14 • Sign and Dumpster Enclosure rf"�! .e' xA' s 4 � v F,,. 7 ,C 11 T Fuel , • UNLEADED DIESEL �- _ 1. +NPS. :'... .k J`. JS e '�: ,..m....• /=�.0fi .r=te CONDITION #4 � ;;� r ` r f CONDITION #11 CONDITION #11 Harris Teeter Properties, LLC Agenda Item 14 Page 15 Disclosure Statement Vii ginia Beach APPLICANT'S NAME HARRIS TEETER PROPERTIES, 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/ 'c I • )an: Page 1 of 7 0 APPLICANT NOTIFIED OF HE;;NINC 2"1E fa NO CHANGES AS OF 1 O • ❑ RG4tSIONS SUGPtIT1ED7 -;C it 4111 Kevin Kemp Harris Teeter Properties, LLC Agenda Item 14 Page 16 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Harris Teeter Properties, LLC If an LLC, list all member's names: Harris Teeter, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached List 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. LJ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:AH Sandbridge, LLC If an LLC, list the member's names:AH Sandbridge, LLC: Managers-Louis S. Haddad, Anthony P. Nero, Page 2 of 7 Harris Teeter Properties, LLC Agenda Item 14 Page 17 Disclosure Statement Ansonhorough Square Investors I.LLC Ansonborough Square Retail,LLC Ardrev Kell Investments.LLC Brier Creek Arbors Drive Retail,LLC Creedmoor Retail.LLC Carrboro Retail,LLC Fuquay Investors I.LLC HTBerewick,LLC HT Carnes.LLC HT Carolina Colours,I.LC HI HT-Cary Park 41,LLC HT Denver,LLC HT Fuel DE.LLC IIT Forestville,LLC HT Fuel NC,LLC HT Fuel SC,LLC FIT Fuel VA,LLC HT Hawfield,LLC HT Johns Island,LLC HT-Palisades,LLC HT Fuel MD.LLC HT Fuel NC,LI.0 HT Fuel SC HT Fuel VA.LLC HTGBD,LLC HIP Bluffton,LLC HTP Plaza,LLC HIP Relo,LLC Latta Village,LLC HIPS.1.1,C Mineral Springs Associates 41,LLC Ponds Retail Partners,LLC Purcellville Gateway Holdings.LLC Rocky River Associates 41,LLC MTC Investors LLC RTS Investors 11,LLC RTS Investors,LLC Southpoint Associates 14 I.LLC HTTAH.LLC Taylortown Retail.LLC ITAC 119.LLC Woodmont of Greensboro.LLC Harris Teeter Supermarkets,inc. HIPS,LLC ITAC 265.LLC Jubilee Carolina.LLC Kirkpatrick West Retail,LLC Matthews Property 1,LLC Stallines Investors I.LLC Woodmont Holdings,LLC Harris Teeter Properties, LLC Agenda Item 14 Page 18 Disclosure Statement Virginia Beach Daniel A. Hoffler, A. Russel Kirk, John C. Davis, Eric E. Apperson, Michael P. O'Hara, Alan R. Hunt, Shelly R. Hampton, William Christopher Harvey 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 l 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 Harris Teeter Properties, LLC Agenda Item 14 Page 19 Disclosure Statement NA3 APPLICANT Virginia Beach YES] i NO SERVICE I PROVIDER(use additional sheets if n— L ) X Accounting and/or preparer of j your tax return IXArchitect/Landscape Architect/ Kimley-Horn&Associates. Inc Land Planner -- ---------- ----------- ------ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) n (XI Construction Contractors X n Engineers/Surveyors/Agents Kimley-Horn&Associates, Inc Financing(include current i I mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) Legal Services Parker Poe Adams&Bernstein LLP Real Estate Brokers / n X 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 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Imo) 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 Harris Teeter Properties, LLC Agenda Item 14 Page 20 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 Applicj:�/n. e. 340/ 7 p Q APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Harris Teeter Properties, LLC Agenda Item 14 Page 21 Disclosure Statement OWNER Virginia Beach EYES I NO SERVICE ` PROVIDER(nuse eeded)additional sheets if XI Accounting and/or preparer of Ernst&Young your tax return Architect/Landscape Architect/ HBA Architecture Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Inl purchaser of the subject property f/\I I (identify purchaser(s)and purchaser's service providers) LiConstruction Contractors AHP Construction,LLC a _ Engineers/Surveyors/Agents MSA,PC Financing (include current BB&T mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X1 Legal Services Faggert&Freiden Real Estate Brokers / Thalhimer I^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 In 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 Harris Teeter Properties, LLC Agenda Item 14 Page 22 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. LCttiS S /1 '444o c .2S Jfr PROPERTY OWNER'S SIGNATURE PRINT NAME DATE O Page 7 of 7 Harris Teeter Properties, LLC Agenda Item 14 Page 23 Item#14 Harris Teeter Properties Conditional Use Permit 2105 Princess Anne Road District 7 Princess Anne September 14, 2016 CONSENT An application of Harris Teeter Properties for a Conditional Use Permit(Fuel Sales) on property located at 2105 Princess Anne Road, District 7, Princess Anne. GPIN: 2414-12-9860-0000. CONDITIONS 1. With the exception of any other conditions of this Conditional Use Permit,the site shall be developed substantially in conformance with the submitted site plans entitled "HARRIS TEETER FUEL CENTER STORE#419 SANDBRIDGE,SITE PLAN," dated June 30, 2016 and "HARRIS TEETER FUEL CENTER STORE#419 SANDBRIDGE, LANDSCPE PLAN," dated July 1, 2016, both prepared by Kimley Horn. Said plans have been exhibited to City Council and are on file in the City of Virginia Beach Department of Planning and Community Development. 2. With the exception of any other conditions of this Conditional Use Permit, the building (sales kiosk) and fuel canopy shall be developed in substantial conformance with the submitted elevation drawings entitled, "HARRIS TEETER FUEL CENTER-SANDBRIDGE-VIRGINIA BEACH,VA." 3. Except where modifications are necessary to meet the requirements of the City Landscape Guidelines,the plant materials shall be installed in substantial conformance with the landscape plan that was approved with the conditional change of zoning approved by City Council on June 11, 2013. Said landscape plan has been included in this report, exhibited to City Council,and is on file in the Department of Planning and Community Development. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted photograph included in this report.The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance.A permit shall be obtained for all signage from the Zoning Office.Signage for the site shall be as follows: a. Directional signs; b. One (1) monument-style freestanding sign, as provided in condition 4; c. Two (2) canopy signs,two(2) building signs, or one (1)sign each on the canopy and the building. Any sign installed on the north and south faces of the canopy, as depicted in the submitted elevation drawings, may display fuel prices; however, per Section 217 of the Zoning Ordinance, the fuel prices shall not be electronic displays; Item#14 Harris Teeter Properties Page 2 d. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter pf the length of each side.Signage on the canopy shall not be internally or externally illuminated; e. There shall be no signs other than allowed above, neon signs, or neon accents installed on any wall area of the building,on the windows and/or doors, canopy light poles or any other portion of the site. 6. Prior to the commencement of development on the outparcel, a plat shall be recorded with the Clerk of the Circuit Court. 7. Upon recordation of the plat for the subdivision of the subject parcel,an easement shall be recorded providing that the parking spaces along the western property line of the site, as shown on the submitted site plan,will be available for use by the subject parcel and by the larger parcel containing the existing commercial development. 8. Upon recordation of the plat for the subdivision of the subject parcel, an easement shall be recorded providing access to the subject site through the parking area of the adjacent parcel containing the existing commercial development. 9. The ice machine depicted on the elevation drawings next to the kiosk building on the western elevation shall not be permitted unless screened entirely from view from the right of way.Screening shall be no shorter than six-feet in height and shall be constructed of high quality building materials to complement the material and color to match or complement the kiosk. 10. Any vacuum or air pump machines shall be screened with evergreen plants of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 11. The proposed dumpster shall be entirely enclosed using brick to match the kiosk building, as shown on the submitted photographs included in this report. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 14. AYE 6 NAY 0 ABS 1 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABS WALL ABSENT Item#14 Harris Teeter Properties Page 3 WEINER AYE By a vote of 6-0-1,with the abstention so noted,the Commission approved item 14 for consent. Eddie Bourdon appeared before the Commission on beah CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTIONS 210.2, 2210 AND 2211 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITIONS OF SIGN TYPES, SIGN REGULATIONS IN THE CENTRAL BUSINESS CORE DISTRICT AND SIGN DESIGN GUIDELINES FOR THE CENTRAL BUSINESS CORE DISTRICT. MEETING DATE: October 18, 2016 ■ Background The Central Business Core (CBC) District was originally adopted on February 25, 2014. After more than two years of applying the existing regulations to new signs installed in the CBC District, Staff recommends several changes and refinements that will allow more creativity as well as simplify the rules. The following list summarizes the major changes: 1. Signage allowances are no longer based on building type ("mixed use" or "other") and are now based on sign types and the location of the establishment. 2. Cabinet-style ("box") signs are no longer permitted. 3. Establishments on the second story can have their own wall signs. 4. Establishments on the ground story with no wall signs can have larger awning, canopy, projecting, or window signs than otherwise would be permitted if the signs comply with the Design Guidelines. 5. Corner establishments are now allowed projecting and/or hanging signs on each streetfront. 6. Parking structures are now allowed one wall and one projecting sign for each vehicular and pedestrian entrance. 7. Freestanding signs are no longer limited to monument-style but still must have City Council approval. 8. Design Guidelines have been revised to align with the proposed changes and now include a list of "Required" and "Encouraged" dimensions and features for ease of reference. CBC Sign Ordinance Page 2 of 2 • Considerations: This Ordinance has been reviewed and approved by the Central Business District Association's Design Review Committee, which has been heavily involved in the drafting process. Local sign contractors have also been contacted for input and have offered no comments. Based on a suggestion at the Planning Commission public hearing by one of the affected property owners, Staff has mailed notification letters to all property owners in the Central Business Core District. Further details pertaining to the request 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 7-0, to recommend approval of this request. • Attachments: Staff Report (includes Ordinance and revised CBC Design Guidelines) Minutes of Planning Commission Meeting Letter sent to affected property owners Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De. . , 1► - i , -ncy: Planning Department City Manager: �j� Applicant City of Virginia Beach Agenda Item Public Hearing September 14, 2016 Sign Regulations and Design Guidelines in the Central 17 crrU,y Business Core District Virginia Beach Request An Ordinance to Amend Sections 210.2, 2210 and 2211 of the City Zoning Ordinance, Pertaining to Definitions of Sign Types,Sign Regulations in the Central Business Core District and Sign Design Guidelines for the Central Business Core District. Summary of Request The Central Business Core(CBC) District was originally adopted on February 25, 2014. This is the City's second zoning code adopted to implement the Strategic Growth Area(SGA) plans and reflects a more urban-style, pedestrian-oriented development pattern as compared to our standard zoning code. Accordingly,the sign section of this code,which was modeled after the Oceanfront Form-Based Code,allows for more pedestrian-oriented signage. After two years of applying these sign regulations to new signs installed in the CBC District,Staff has identified some changes and refinements needed to allow for more creativity and to simplify the rules. The following list summarizes the major changes: 1. Signage allowances are no longer based on building type("mixed use"or"other")and are now based on sign types and the location of the establishment. 2. Cabinet-style("box")signs are no longer permitted. 3. Establishments on the second story can have their own wall signs. 4. Establishments on the ground story with no wall signs can have larger awning,canopy, projecting,or window signs than otherwise would be permitted if the signs comply with the Design Guidelines. 5. Corner establishments are now allowed projecting and/or hanging signs on each streetfront. 6. Parking structures are now allowed one wall and one projecting sign for each vehicular and pedestrian entrance. 7. Freestanding signs are no longer limited to monument-style but still must have City Council approval. 8. Design Guidelines have been revised to align with the proposed changes and now include a list of"Required" and "Encouraged"dimensions and features for ease of reference. Recommendation The amendments have been reviewed and approved by the Central Business District Association's Design Review Committee,which has been heavily involved in the drafting process. Local sign contractors have also been contacted for input and have no comments. Therefore, Staff recommends approval. The ordinance for City Council's consideration is included below,followed by the revisions to the CBC Design Guidelines. City of Virginia Beach Agenda Item 17 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTIONS 210.2, 2210 and 2 2211 OF THE CITY ZONING ORDINANCE, PERTAINING 3 TO DEFINITIONS OF SIGN TYPES, SIGN REGULATIONS 4 IN THE CBC CENTRAL BUSINESS CORE DISTRICT AND 5 SIGN DESIGN GUIDELINES FOR THE CBC CENTRAL 6 BUSINESS CORE DISTRICT 7 8 Sections Amended: City Zoning Ordinance Sections 210.2, 9 2210 and 2211 10 11 WHEREAS, the public necessity, convenience,general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH,VIRGINIA: 16 17 That Sections 210.2, 2210 and 2211 of the City Zoning Ordinance, pertaining to 18 general sign regulations, definitions of sign types, sign regulations in the CBC Central 19 Business Core District, and Sign Design Guidelines for the CBC Central Business Core 20 District, respectively,are hereby amended and reordained,to read as follows: 21 22 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 23 ALL DISTRICTS 24 25 . . . . 26 27 B. SIGN REGULATIONS 28 29 30 31 Sec.210.2 Definitions. 32 33 The following definitions shall apply to all regulations pertaining to signs in this 34 Ordinance, including regulations governing signs in zoning districts listed in Section 35 102(a)(13): 36 37 Awning sign. A sign painted er--pfinted- n, sewn or otherwise affixed to the 38 surface of an awning. For purposes of this definition, an awning is a sheet of canvas or 39 other material stretched on a frame affixed to and projecting from a building or structure 40 and used to keep the sun or rain off of a storefront,window,doorway or deck. 41 42 Banner sign. A sign consisting of cloth displaying a message. City of Virginia Beach Agenda Item 17 Page 2 Ordinance 43 44 Billboard. A sign, including the supporting sign structure, that advertises or 45 directs the attention of the general public to an establishment, business, product or 46 service that is located on a separate site from the billboard, but not including roadside 47 guide signs, public art sponsorship signs or other signs lawfully located on public 48 property. 49 50 Building crown sign. A wall sign mounted at least three-fourths (3/<) of the 51 distance from ground level to the top of a building no less than thirty-two (32) feet in 52 height. 53 54 55 Building frontage means the exterior length of that portion of a building occupied 56 exclusively by a single establishment. 57 58 Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar 59 material panels that may or may not be internally illuminated. The sign panels may be 60 either flat or shaped(pan face)and are attached to a metal frame(cabinet). 61 62 Canopy sign. A sign en permanently affixed to a building canopy. For purposes 63 of this definition, a canopy is a rigid structure projecting from a building or structure and 64 used to keep the sun or rain off of a storefront,window,doorway or deck. 65 66 Changeable copy. Informational content, such as removable lettering,that can be 67 readily altered by manual means. Changeable copy does not include electronic 68 displays. 69 Channel lettering sign. A component of a typo--of wall sign composed consisting 70 of letters and symbols constructed and assembled as individual pieces, whether such 71 pieces are individually mounted or grouped together. 72 73 Electronic displays sign. A component of a sign containing light emitting diodes 74 (LEDs),fiber optics, light bulbs, plasma display screens or other illumination devices, or 75 a series of vertical or horizontal slats or cylinders that are capable of being rotated at 76 intervals, that are used to change the messages, intensity of light or colors displayed by 77 such sign. The term shall not include signs on which lights or other illumination devices 78 display only the temperature or time of day in alternating cycles of not less than five(5) 79 seconds. 80 81 Freestanding sign. A sign supported by structures or supports that are 82 independent of any building or other structure. 83 2 City of Virginia Beach Agenda Item 17 Page 3 Ordinance 84 Hanging sign. A sign that hangs from a soffit or other architectural feature of a 85 building or permanent structure or from a bracket affixed to a building wall. 86 87 Information board sign. A sign mounted within a display cabinet located in close 88 proximity to the entrance to a building. 89 90 Major tenant. A single establishment that occupies the space in a building with a 91 building wall height of at least thirty-five (35)feet and with at least one (1) continuous 92 wall containing at least eighty(80)feet of building frontage. 93 94 Marquee sign. Any sign attached to or hung from a marquee. For the purpose of 95 this article, a marquee is a covered structure projecting from and supported by the 96 building with independent roof and drainage provisions and which is erected over a 97 doorway or doorways. 98 99 Monument sign. A freestanding sign supported primarily by internal structural 100 framework or integrated into landscaping or other solid structural features other than 101 support poles,the base of which is at least seventy-five(75)percent of the total width of 102 the sign. Monument signs have the following additional characteristics: 103 104 (a) The width of the base does not exceed twice the height of the total sign 105 structure and does not extend more than one(1)foot beyond either outside edge of the 106 face of the sign; 107 108 (b) The height of the base is between eighteen (18) inches and four(4)feet; 109 and 110 111 (c) The maximum height of the sign, as measured from ground level, does not 112 exceed eight(8)feet. 113 114 Neon sign. An illuminated sign containing a glass tube or tubes filled with neon, 115 other noble gases or phosphors, bent to form letters, symbols or other shapes. 116 117 Occupancy frontage. The exterior length of that portion of a building occupied by 118 a retail, office or other nonresidential use having at least one (1) exterior public 119 entrance. 120 121 Projecting or blade sign. A sign that projects from and is supported by a wall or 122 parapet of a building with the display surface of the sign in a plane perpendicular to the 123 wall surface to which it is affixed. 124 3 City of Virginia Beach Agenda Item 17 Page 4 Ordinance 125 Sandwich board or A-frame sign. A two-sided portable sign, hinged or attached 126 at the top of the sign panels.-de - - - - - e- - . - - •'- 128 128 129 Sign. Any structure, display, device or other object or thing, visible from any 130 public street or right-of-way, any area open to use by the general public, or any 131 navigable body of water, including, but not limited to, any word, letter, series of words or 132 letters, painting, mural, logo, insignia, emblem, service mark or other graphic or pictorial 133 representation, which that: (i) identifies or advertises, or directs or attracts attention to, 134 any product, merchandise, service, business or establishment, (ii)or which suggests the 135 identity or nature of any business or establishment, (iii) or which invites or proposes a 136 commercial transaction, or (iv) communicates a message of a noncommercial nature. 137 The term does not include architectural elements incorporated into the style or function 138 of a building, numerals signifying a property address, dates of erection, monumental 139 citations, commemorative tablets and the like when carved into stone, concrete or 140 similar material or made of bronze, aluminum or other permanent type construction and 141 made an integral part of the structure. 142 143 Table umbrella sign. A sign that is part of the fabric, or affixed to the pole, of a 144 table umbrella. 145 146 Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, 147 fabric, or other lightweight material designed to be displayed and removed within a 148 limited period of time and neither permanently installed in the ground nor permanently 149 affixed to a building or structure permanently installed in the ground. 150 151 Traffic direction sign. A sign,whether temporary or permanent,oriented primarily 152 so as to be visible to vehicles entering the premises on which such sign is located. 153 154 Wall sign. A sign attached to or painted on the wall of a building or structure in a 155 plane parallel or approximately parallel to the plane of said wall. 156 157 Window sign. A sign posted, painted, placed, or affixed in or on a window 158 exposed to public view. An interior sign that faces a window exposed to public view and 159 that is located within three(3)feet of the window shall be considered a window sign. 160 161 COMMENT 162 The amendments make a number of changes to the definitions of certain sign types and also 163 add new sign types. 164 .... 4 City of Virginia Beach Agenda Item 17 Page 5 Ordinance 165 166 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT 167 . . . . 168 169 B. DEVELOPMENT REGULATIONS 170 171 172 Sec 2204. Development standards. 173 . . . . 174 175 (d) Permitted encroachments. 176 . . . 177 178 (2) Encroachments into or over public streets, sidewalks or other public rights 179 of-way property shall be permitted in accordance with Article VI of Chapter 33 of the 180 City Code, except as otherwise provided in this Article. All encroaching structures and 181 signs shall conform to the applicable Central Business Core District Design Guidelines. 182 183 184 C. SIGN REGULATIONS 185 . . . . 186 187 Sec 2210. Regulations applicable to all signage. 188 189 The following regulations shall apply to all signage within the Central Business 190 Core District. All signage shall comply with the provisions of Article 2, Part B of the City 191 Zoning Ordinance,except as otherwise expressly provided in this section. Definitions of 192 sign types shall be as set forth in Section 210.2. In the event of a conflict between the 193 provisions of this section and any other provision of the City Zoning Ordinance, the 194 provisions of this section shall apply. 195 196 (a) Permitted signs types. The following signs types shall be permitted within 197 the Central Business Core District: 198 199 (1) Awning signs shall be limited to one (1) sign per awning and shall 200 not exceed a maximum of two (2) square feet in area; provided, 201 however, that an establishment with no wall signs may apply its 202 wall signage allowance, if any, to one(1)awning, in addition to the 203 maximum two square-foot signs permitted on the remaining 204 awnings. In such cases, the awning and sign must conform to the 205 Central Business Core District Design Guidelines. Awning signs 206 shall not be internally illuminated. Awnings shall not horizontally 5 City of Virginia Beach Agenda Item 17 Page 6 Ordinance 207 extend more than three (3) feet over the public street, sidewalk or 208 other public property or from the building facade and shall have a 209 minimum vertical clearance of eight (8) feet above ground level. 210 - - _. �. • 211 212 213 214 (2) Banner signs other than those allowed in connection with major 215 entertainment venues shall be _•' -_ .• - - -- -- -_-- 216 - -_ , - _- •- 217 218 219 = '. 220 - e•. . 221 222 arc affixed. permitted on buildings no less than thirty-two (32) feet 223 in height and must conform to the Central Business Core District 224 Design Guidelines. Banner signs shall not be internally 225 illuminated. Banners shall have a minimum vertical clearance of 226 fifteen (15) feet above ground level, shall not horizontally extend 227 more than five (5) feet over the public street, sidewalk or other 228 public property or from the building facade, and shall not extend 229 above the top of the building facade. Banners shall be securely 230 mounted by means of mounting hardware perpendicularly to a 231 vertical building wall. 232 233 (3) [RESERVED] 234 Building crown signs. In addition to other signage allowed by this 235 section, buildings no less than thirty-two (32) feet in height may 236 have a maximum of two(2)building crown signs. Buildings no less 237 than fifty-two (52) feet in height may have a maximum of four (4) 238 building crown signs, provided they conform to the Central 239 Business Core District Design Guidelines. Building crown signs 240 shall not exceed the area set forth below, nor shall more than one 241 such sign be placed on each building facade. Such signs shall be 242 mounted at least three-fourths e )of the distance from ground level 243 to the top of the building facade, but no higher than the top of the 244 building facade. No such sign shall horizontally extend into the 245 public street, sidewalk or other public property or from the building 246 façade more than the amount listed below. 247 6 City of Virginia Beach Agenda Item 17 Page 7 Ordinance Bldg. height(in feet) Maximum area per Maximum extension sign(in square feet) from building(in feet) Less than 75 75 1 75-99 100 2 100-149 125 2 150-199 175 3 200 or more 250 3 248 249 (4) - - -- - - - - , 250 251 .o 252 253 254 255 256 Canopy signs shall be limited to one (1) sign per canopy and shall 257 not exceed a maximum of two (2) square feet in area; provided, 258 however, that an establishment with no wall signs may apply its 259 wall signage allowance, if any, to one(1)canopy, in addition to the 260 maximum two square-foot signs permitted on the remaining 261 canopies. In such cases, the canopy and sign must conform to the 262 Central Business Core District Design Guidelines. No canopy sign 263 shall exceed two (2) feet in height or one (1) foot in depth. No 264 canopy sign shall extend outside of the width of the canopy on 265 which it is located. Canopies shall not horizontally extend more 266 than three (3) feet over the public street, sidewalk or other public 267 property or from the building and shall have a minimum vertical 268 clearance of eight(8)feet. 269 270 (5) 271 •-272 - 273 JRESERVEDI 274 275 (6) Freestanding signs _•- - ••_ ••-• - _ : shall be 276 allowed only by special exception for Alternative Compliance-and 277 - - --•- - -- - - - -- - -- 278 279 pursuant to Section 2205. 280 7 City of Virginia Beach Agenda Item 17 Page 8 Ordinance 281 (7) Hanging signs shall be limited to one (1) siqn for each building 282 facade occupied by a ground story establishment and shall not 283 exceed nine (9) square feet in area. Such signs shall have a 284 maximum of two (2) faces, which shall be parallel to each other_; 285 286 287 hanging-sign-and--ae business No establishment having a hanging 288 sign shall also have a projecting sign on the same building facade. 289 No hanging sign shall be internally illuminated. Hanging signs shall 290 not er-horizontally : _• . _ _ - _.. - - _ extend more 291 than three (3) feet over the public street, sidewalk or other public 292 property or from the building facade and,--Hanging—signs shall 293 maintain a minimum vertical clearance of eight (8) feet above 294 ground level. • • • . _ _ _ . . _ . - _ .-_ • - 295 _ - 296 Design-Guidelines. 297 298 (8) Information board signs shall be placed within a weather-resistant 299 closed display cabinet _ _ _- : _.- _ - . , 300 permanently mounted to the building wait facade and extending no 301 more than six (6) inches over the public street, sidewalk or other 302 public property or from the building facade. The maximum height of 303 the lettering on such signs shall not exceed two (2) inches. 304 _ 305 ' - _. •_ 306 - 307 308 (9) Major entertainment venue signs shall be permitted in accordance 309 with the provisions of Section 218. 310 311 (10) Marquee signs shall be allowed only on buildings occupied by 312 theaters, cinemas, performing arts facilities or similar venues, and 313 314 .. _ _ ----- - _ - .•..•_: shall conform to 315 the Central Business Core District Design Guidelines. The top of 316 the-such signs shall be at a height no greater than eighteen (18) 317 feet above the ground ' level, and 318 + ll bo the marquee shall have a minimum vertical clearance 319 of nine (9) feet above ground level. In addition, such signs may 320 contain changeable copy as permitted by subdivision-(4)subsection 321 (b)(7). Marquee signs may encroach above over a public street. 8 City of Virginia Beach Agenda Item 17 Page 9 Ordinance 322 sidewalk or other public property by a maximum horizontal distance 323 of ten (10) feet if such marquee conforms to the Central Busincsc 324 _. - .• • - .. 325 326 (11) ••: : e •. - - 327 one 328 329 _ 330 - -. -- _ - -• - . 331 -332 .[RESERVE DI 333 334 (12) Projecting signs Projecting or blade signs shall be limited to one(1) 335 sign for each building facade occupied by a ground story 336 establishment. Such signs shall have a maximum of two(2)faces, 337 which shall be parallel to each other, and no establishment having 338 a projecting sign shall also have a hanging sign on the same 339 building façade. Proiecting signs shall not be internally illuminated 340 and shall not exceed six-(6) nine (9) square feet per face in sign 341 area:or horizontally extend more than three(3)feet over the public 342 street,sidewalk or other public property or from the building facade, 343 provided, however, that an establishment with no wall sign may 344 apply its wall signage allowance, if any,to one(1)projecting sign, if 345 it conforms to the Central Business Core District Design Guidelines. 346 All projecting signs shall maintain a minimum vertical clearance of 347 eight (8) feet above ground level. 348 349 350 351 352 353 354 355 356 357 (13) Sandwich board, A-frame or other signs placed on the 358 sidewalk shall be made primarily of wood,wood composite or metal 359 and have a professional finish. Incorporated inserts must contain a 360 fixed message or be made out of chalkboard, dry eraser board, or 361 similar material. Such signs shall be placed 362 feet-Prem directly in front of the facade of the building in which the 9 City of Virginia Beach Agenda Item 17 Page 10 Ordinance 363 business establishment that is the subject of associated with the 364 sign is located, and a travet-width-horizontal clearance of at least 365 eight (8) feet shall be maintained on public sidewalks. Such signs 366 shall not be artificially illuminated or left out overnight. Gnly A 367 maximum of one (1) such sign, not to exceed six 368 square feet per side,shall be permitted per business establishment. 369 No merchandise or other material shall be placed on or hang from 370 any such sign. Sidewalk signs other than sandwich board, A-frame 371 style (not hinged at the top) are permitted if they conform to the 372 Central Business Core District Design Guidelines: ►ch-sig y 373 374 - - - - - 375 •- - _ ' ' - •- 376 377 378 379 (14) - - : - - _ .. 380 -381 382 .. • - - --- - - -•: : =' -- 383 384 -- - 385 _ -__. _ _ _ - . IRESERVED1 386 387 (15) Table umbrella signs shall be limited to no more than two(2)signs 388 on each umbrella and no more than two (2) square feet per sign. 389 390 391 = 392 393 (16) Wall signs shall not exceed sixty(60)square feet or one(1)square 394 foot per linear foot of building frontage. Establishments located on 395 the ground or second story shall be permitted one(1)such sign on 396 each building facade occupied by the establishment. No wall sign 397 shall extend above the building facade 398 -• , - _ _ _ _• - - or horizontally extend more than 399 twelve (12) inches over the public street, sidewalk or other public 400 property or from the building facade . 401 402 (17) Window signs shall not exceed, in the aggregate, ten per cent 403 (10%) of the total area of the windows in which they are located; 10 City of Virginia Beach Agenda Item 17 Page 11 Ordinance 404 provided however that an establishment with no wall signs may 405 apply its wall sign allowance to any window. In such cases,window 406 signs must conform to the Central Business Core District Design 407 Guidelines. Window signs shall not consist of or contain oscillating 408 lights, , - . -_ , electronic displays 409 signs, televisions, or computer monitors, 410 ' - - - -_ _ _ - _ _.• . _ - •._ , • - - , that holiday 411 412 - - ' -' •- - • - - - 413 _ - _- - nen oscillating 414 Neon or similar types of signs ne-larger than not to exceed the 415 area specified above shall be permitted 416 if such signs conform to the Central Business Core District Design 417 Guideline . . -.- - - -- - -• - . 418 419 420 - • - - - - - - • • - 421 -422 '423 -- •• - .. ' , • - , 424 -- = _ 425 street-level, 426 427 = -e - 428 429 t_e.,s than 75 75 430 75 99 100 431 100 149 125 432 150 199 175 433 200 249 225 434 250 299 275 435 300 or more 300 436 437 438 (b) . Special regulations. •- __. . _ . 439 440 - 441 11 City of Virginia Beach Agenda Item 17 Page 12 Ordinance 442 Li) Unless otherwise provided, the allowances regulations set forth in 443 this section apply to each separate business establishment. 444 445 (2) In the event of a conflict between any of the following provisions 446 and the provisions of subsection (a), the provisions of this 447 subsection control unless stated otherwise. 448 449 450 - . .. - 451 - 452 453 454 - - 455 456 facade. 457 458 Io addition, one (1) - - .. - - - ---- ,:e 459 :- 459 - - - - - - -- 460 -- • -. 461 462 (-2) ' - -• - - 463 ' '464 465 466 467 and facing a public ctrcot. Such cctablichmcnt may have a 468 469 street. 470 471 (3_) All signs that encroach into or over a public street, sidewalk, or 472 other public property shall conform to the Central Business Core 473 District Design Guidelines unless otherwise authorized by 474 resolution of the City Council pursuant to Article VI of Chapter 33 of 475 the City Code. 476 477 (4) Except as expressly allowed, no sign shall be located above the 478 second story of any building. 479 480 (5) Except as expressly allowed, all signs shall be located on that 481 portion of a building wall occupied exclusively by the establishment 482 that is associated with the sign. 12 City of Virginia Beach Agenda Item 17 Page 13 Ordinance 483 484 (6) Cabinet or box signs, either standing alone or as a component of a 485 sign, shall not be allowed. 486 487 (Z) Changeable copy shall only be allowed as part of a marquee sign, 488 where the changeable copy portion of such signs is not greater 489 than forty percent (40%) of the total area of the marquee sign. 490 Skewed or missing lettering shall be promptly replaced. 491 492 u Electronic displays shall be allowed only for major entertainment 493 venues and shall require the approval of the City Council as 494 specified in Section 218. 495 496 (9) Neon signs shall not oscillate, blink or flash and shall only be 497 allowed in windows as specified in Section(a)(17). 498 499 (10) Parking structures and parking garages, public or private, may have 500 one (1) wall sign and one (1) projecting sign per pedestrian or 501 vehicle entrance. The maximum sign area for such wall signs shall 502 not exceed one foot per linear foot of the width of the entrance. 503 The maximum area for projecting signs shall not exceed (sixty) 60 504 square feet and shall not horizontally extend more than six(6)feet 505 over the public street, sidewalk or other public property or from the 506 building facade. Projecting signs on parking structures may be 507 internally illuminated. Wall or projecting signs at pedestrian 508 entrances shall be located at ground floor height. In addition to wall 509 and projecting signs, parking structures no less than thirty-two (32) 510 feet in height shall also have no more than two (2) building crown 511 signs. Unless otherwise specified, no signs on parking structures 512 or garages shall exceed the dimensions specified in Section 513 2210(a). 514 515 Where a ser aercial building is located on a 516 zoning lot with a parking structure that is used to satisfy, in whole or 517 in part, the vehicular parking requirements of the commercial 518 building, such commercial building may have, in addition to other 519 signage permitted by this section, _•- 520 521 t�eildieg 522 one (1)wall sign, which shall be located 523 on the parking structure serving the commercial building;and which 13 City of Virginia Beach Agenda Item 17 Page 14 Ordinance 524 may be located above the second story of the structure. with Such 525 sign shall have a-maxithuh4 an area no greater than one(1)square 526 foot of signage per linear foot of the building wall of the parking 527 structure on which the sign is located, not to exceed sixty (60) 528 square feet. 529 530 - - - - - - -.. _ - 531 532 533 534 (11) Temporary signs located on property for sale,lease or rent shall not 535 exceed sixteen (16) square feet in area. Not more than one (1) 536 such sign is permitted for each building frontage; provided, 537 however, that leasable spaces with a building frontage one 538 hundred (100) feet or greater in width shall be permitted a 539 maximum of two (2) such signs. Properties with no buildings shall 540 be subject to the regulations of the B-3 Central Business District 541 pursuant to Section 905(c). 542 543 544 545 4, 546 547 provisions: 548 549 550 551 552 553 . ' 554 555 . 556 - 557 558 „ 559 sign. 560 561 - •- - - - - - - - e.e .- -° - 562 14 City of Virginia Beach Agenda Item 17 Page 15 Ordinance 563 - 564 Section 33.1 111. 565 566 4. 567 568 569 Association Design Review Committee or a designated 570 . 571 572 COMMENT 573 574 The amendments refine the sign regulations applicable to the Central Business Core 575 District to be more consistent with the urban-oriented intent of the City's downtown mixed-use 576 district. In addition,stylistic and technical corrections have been made. 577 578 579 D. Design Guidelines 580 581 Sec.2211.-Central Business Core District Design Guidelines. 582 583 The Central Business Core District Design Guidelines (January 2014, October 584 2016)("Design Guidelines")appended hereto are hereby incorporated by reference into 585 this Article. Such Design Guidelines shall supersede Section V (Architectural 586 Guidelines)and Sections VII through X(Signage Guidelines/Design Review Process)of 587 the Central Business District Urban Guidelines(February 4,2004), and the Special Area 588 Design Guidelines, Urban Areas, set forth in the Reference Handbook of the 589 Comprehensive Plan. 590 591 The Planning Director shall determine whether or not a proposed design 592 conforms to the Design Guidelines and may, in making such determination, seek the 593 advice of the Central Business District Association Design Review Committee or a 594 designated subcommittee thereof. Such determination shall be appealable to the Board 595 of Zoning Appeals. 596 597 598 599 Adopted by the City Council of the City of Virginia Beach on the day 600 of ,2016. 601 602 603 604 605 15 City of Virginia Beach Agenda Item 17 Page 16 Ordinance 606 Approved as to Content: 1 Approved as to Legal Sufficiency: 607 • 1 608 r"" i/.�. ...�/.� �/"► - 609 • ng D.partment City Att•% 's Office 610 611 CA-13279- 612 R-15 613 September 9, 2016 16 City of Virginia Beach Agenda Item 17 Page 17 Central Business Core District DESIGN GUIDELINES January 2014October 2016 er , ,F t 1. } ',f.- ' 1 ? � g rs f 7 r ,; 6 11 T ;1 * , . .`_ 1 ' mil0. ii ram !�l - ��' - -��/�-/i/' 4`� jek �-;�i i 4 1 ti i.. 7� _ T+ r 0(Y%''. .T �tT. *! 1 Me4 ©CMSS Architects 2009 Adopted by City Council February 25, 2014 Amended October xx, 2016 4-;41%aeqaS rf icu l's ;j m .g-.1 v Page Intentionally Blank (for double-side printing purposes) Central Business Core District Design Guidelines CONTENTS I. Introduction I-I Purpose 1-2 Applicability I-3 Development Principles 1-3 2. Streets 2-1 3. Buildings 3-I Placement 3-I Massing 3-2 Facades 3-4 Entrances 3-5 Materials 3-7 Lighting 3-9 Mechanical Equipment and Service Areas 3-I 0 Parking Structures 3-I 0 4. Outdoor Amenities 4-I Outdoor Spaces 4-1 Public Art 4-3 5. Signs 5-I Applicability 5-I Bonus Signagc 5 I General Guidelines 5-2 Specific Sign Types 5-6 6. Sustainability 6-I Introduc ion1 The Pembroke Strategic Growth Area has evolved from its beginning as an early 20th century speculative subdivision named Sunnybrook, situated along the railroad between Norfolk and Virginia Beach, to an increasingly prominent position as the urban core of the City of Virginia Beach. What began as a vision for a `downtown' as set out in the 1991 Central Business District Master Plan led to the establishment of the B-3A Pembroke Central Business Core District and the development of the Virginia Beach Town Center. - 1 I I': 51;!�NY BR00 «.,„ P19NIc68AnNE GOA*. '- ! SUNNY BIU OK INC. "`"! - . I! sea CI.iZr h3 niMk.DIDCi. ,' 1,,,,,4<.+ �!: x,000 BY 1 1 41,i11N1N17I1m i�ry 71111111 N ! t I l 111444111111! pJI NL ++w5;iin nan rosin Y41 I:nnNilinuiw! ill Winging,NNINNi, V i 1B1iiAIn N°Il!i1141 I!.1191 �.i41�. I,.141 lh�dlIN11N•I I11Ni3'1111111 \ Ip'1HILA1■IIN■nlllltl InuilNlmlmnlnin ilii tlpin4n nfierlininINI 7r 11 11!11111 P 3'414 111141 in 1k _!IF MA 1 N•nnininnlll111N •,11inP.H'!If i l 141!"4:�fpl!/rnIl� ! 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I '41111111K,N411tl -v i�INNIn!Hmin 1m11Nmn4N1' 1111111..1 . 111 III 8 IINI lNRNIN 11111.!1 .IN 4111111111 III+31441 144 1. . •. \ 411 illi INi n 91411Ii1i1 IHRIIIR -g11R iiitR4iIlii .�.Inu.,.i5 ,/ SCALE 1'.?MIT l ! i — — \ Nf— Ils`u1 Iu T!-�pS i;.`"°'... iu11is li"1114 IIIINN• �i - 1 IIII ImI1M �aH' ' I a' - --- -----.=--'.--- -- t n�ann � 1 i N1�� n�tI 1 \41343-11 ;1741g41.11,,-7sy - •r---•= r — t 11 r �nul —. - -' - � �... ._� n4Y :1411 11 . -i �' .It+1/1Bi 1■. Xfr --'— I In 2003, Town Center and the area surrounding it became the Pembroke Strategic Growth Area, one of several key areas targeted to absorb our City's future growth. In order to determine how to manage and achieve this growth, the City adopted master plans for each of its Strategic Growth Areas. The Pembroke Strategic Growth Area 4 Implementation Plan Page 1-1/CBC District Design Guidelines January 2014Amended October 2016 1 INTR•DUCTION (referred to in this document as the Pembroke SGA Plan) was adopted in 2009 to establish a shared, long term vision - and an implementation strategy to achieve that vision - for the Pembroke SGA. The Plan divides the Pembroke SGA into six `urban districts,' with each district possessing a slightly different purpose and design character. The `CBD/Core' District is envisioned as a strong urban nucleus with high density, commercial development that will serve as a focal point for region-serving retail, hotel, and office uses while also creating an urban skyline for Virginia Beach. As development moves away from the Core district, land use densities will decrease, but the urban framework continues. The creation of this urban framework, particularly when the existing `canvas' is suburban, requires a combination of appropriate zoning regulations and design guidelines that address both the public and private realm. Pu pose The purpose of the Central Business Core District 1�� .1 . -„raj i Design Guidelines is to: Ij t,,fY`�pppl`'”' _� .t t },,7 it II _... I, ri, ,,,...• a. Assist property owners and developers - W.-..4.1.Z...., �i'' .. regarding appropriate site, building, and sign .kryrl,'.!� r, i'llii .._ „,;sic•, F;. , i i''`ce design for the District. -�.�I ,` __.-— •— 1 b. Encourage innovation and creativity in the � ��A, ,'; '',a t r y, ill-l 3 �i til' I 1'} design and use of sites, buildings, and signage in j r� im the District; `1 f' �I1,bIRI 'l. ' ' I :� `� c. Enhance the visual appeal, and thus the general .� . ,I + A:. �., ,„, d 1 +carr, ambience of the District, making it a moreT______ pleasant place for residents and visitors; \>, I , d. Encourage replacement of legally, nonconforming buildings and signage with _ , tl ' those that meet the new zoning regulations and the Design Guidelines; CMSS Architects 2009 e. Enable an alternate means by which a development can comply with zoning regulations and achieve the goals of those regulations without following a strictly prescribed form. These Design Guidelines are not mandatory requirements; they are voluntary and strongly encouraged. Page 1-2 /CBC District Design Guidelines January 2011-Amended October 2016 INTRODU STION 1 Applicability As noted above, these Guidelines are to be used in conjunction with the zoning regulations of the Central Business Core (CBC) District (Article 22 of the City Zoning Ordinance). In addition to the specific regulations for the Central Business Core (CBC) District, there are two other sets of available provisions for development. The first of these, "Optional Forms of Development," is a by-right option by which one or more of the prescribed (required) forms may be altered or even eliminated if certain building features and/or elements described in these Guidelines are provided. The OFD provisions in Section 2206 are intended to provide the opportunity for a different, but equally desirable, means of accomplishing the same end result as would be provided by the regulations of the Zoning Ordinance. The second provision, "Special Exception for Alternative Compliance," applies to development proposals that, while not conforming to the applicable Design Guidelines, are nonetheless visually attractive and advance the goals of the District. Therefore, in recognition that not all design criteria in these Guidelines may be workable or appropriate for every design, the Alternative Compliance provisions of Section 2205 may be used as an alternative to strict conformity with the Design Guidelines and with the Code. Such decisions will be made by City Council on a case-by-case basis with the overall purposes of the Design Guidelines and the Code as the guiding principles. Dev - Iopment Principles These Guidelines are based on the following Development Principles as provided in the Pembroke Strategic Growth Area 4 Implementation Plan: I. Efficient use of land resources Applying the land use techniques of compact development, infill development, and shifting toward more structured parking areas are key components to successfully achieving a more efficient pattern of growth. The benefits include reduced sprawl, protection of existing stable neighborhoods, increased protection of farmland and open spaces, reduced dependency on the automobile and more cost-effective use of existing infrastructure. Page 1-3/CBC District Design Guidelines January 2014Amended October 2016 lirm=DUCTION 2. Full use of urban services Compact development patterns mean more people will benefit from using existing public infrastructure and services such as roads, schools, water, sewer, police, fire, rescue and others. While expansion of some existing facilities and services will be necessary, the findings of many studies across the county show that, in the long, run, low-density sprawl costs more tax dollars to serve than does compact development. 3. Compatible mix of uses Providing a complementary and vertical blend of residential and non-residential uses within reasonable walking distances of one another is an important part of a successful compact development strategy. Effective mixed-use developments also have a `critical mass' where the mixture of uses is such that the need for an automobile for routine trips for goods and services is significantly diminished. Architectural design considerations and controlling the hours of business operations must be factored into the land use strategy. 4. Transportation opportunities Compact development patterns afford greater choice of transportation alternatives and less overall congestion than is otherwise experienced in communities that are almost exclusively suburban. This contributes to decreased dependence on the automobile, especially the single occupied vehicle, reduction in citywide vehicle miles traveled, increased opportunities for more efficient and cost-effective forms of shared and mass transportation and opportunities to commute by walking or biking. Other opportunities include local and metropolitan transit systems to link to regional and interstate transportation systems which leads to cleaner air and safer travel. 5. Detailed human-scale design Urban areas that are safe, 41-0. 11 well-designed, and attractive are a key community goal. ? " It is important for these *` �zG , • .0;114' areas to be built at a human-scale,' especially as .•_•#per people experience activity j �. .. ti` "r i� along the streets, sidewalks, r and public spaces. Urban streetscapes are designed CMSS Architects 2009 Page 1-4 /CBC District Design Guidelines January 2014Amended October 2016 INTRODU sTION 1 with special paving, landscaping, lighting, and other features that create an interesting and inviting environment. When designed and built with quality in mind, these physical elements galvanize to foster a positive sense of urban place, one that is enjoying a resurgence of public interest in many communities across the country. As is the case in nature, cities evolve and gradually adapt to changes in their physical environment. 6. Environmental stewardship Sustaining the urban setting requires public and private involvement in improving and maintaining the various components of the natural and built infrastructure. Private development practices utilizing Leadership in Energy and Environmental Design TM (LEED) and other certification type construction have now been incorporated into public planning practice. Many rural and suburban municipalities promote it-this through incentives, while major metropolitans incorporate it—sustainable building practices into their ordinance, regulations and planning documents. Current public and private partnerships arc advancing the LEED for ♦ _ 0 - --- Ni . N. - - -- • ---. - 4, sor,tt 4N f '�. . ..+10,k,..: • ort-It rr it ea4 an - <`-1 t ,s: r . '-,.:::—...*.`"7". Niles 3 rt = 1111ilea. S-t J •,••'....1 y,. .... ...._. , .--- ::::: saws., p .:,:: .... ,.... ,_ : ., _.....,., : _,::: ............ . .,..,....::: l. w .. -....1 " .0..% ow liti 1......... ' jr t '1- 1 N ® af' aw 444. ., ..•'.� - :. fit.- - '-y .. n• c. _,- — - "--..- t•pe:rii�.. 111 , ji ,.., °+.^' ` . .. cm SS Architects 2009 Page 1-5/CBC District Design Guidelines January 2014Amended October 2016 Page Intentionally Blank (for double-side printing purposes) Str - ets 2 Streets communicate the quality of the public environment and the care a city has for its residents. Collectively, streets are the largest area of public space in the city. Accordingly, their design should be of the highest quality and should ensure that they are intended for all of modes of transportation —from the motor vehicles that traditionally travel along most of the width of the street, to the bicycles that share that width, to the pedestrian that travels the sidewalk along the edge. Design Principle 5, presented earlier in these Guidelines181 stresses the importance of streets and the creation of the11 11 'streetscape' that frames each street: —rr LI rr err SIM rr err rMI III III err .. .. Urban areas that are safe,well-designed, and attractive are a tr key community goal. It is important for these areas to be .i L �"�- :: :: built at a'human-scale,'especially as people experienceMAI activity along the streets, sidewalks, and public spaces ��rr Urban streetscapes are designed with special paving, ( ,. j i y landscaping, lighting, and other features that create an interesting and inviting environment. ._ Design is important for all facets of the streetscape, including the overall street network, the number and width of vehicular travel lanes, and an especially careful consideration of the sidewalk element, which contains much more than just a paved walking path. These Guidelines promote streets that are integral components of the overall urban design of the District. MIE As new streets are created, continue the Rom grid pattern established in Town Center Urban Block Pattern and reinforced in the Pembroke SGA Plan. Expanding the public street network will provide alternate travel routes and open • , - up parcels for higher density development y �w with greater visibility. Page 2-1/CBC District Design Guidelines January 2014Amended October 2016 IIMETs muAs properties are developed, they should be designed to provide existing and/or new rights-of-way with adequate space to accommodate all functions of the street, ., including vehicle lanes, bike lanes, medians, `' $ t and sidewalks as designated in the ' k Pembroke SGA Plan. J� �* MICurb cuts and driveways should be kept to a minimum, especially on internal, op�r pedestrian-oriented streets. r II�t +� ;; „p n n Sidewalks should be constructed or 2.4 retrofitted to provide the following four zones: I. The Building Frontage Zone; 2. The Pedestrian / Movement Zone; �fr l M 3. The Furniture / Tree Zone; and - 4. The Curb Zone. utniture Incorporating these four zones into the Movement ram streetscape design will foster a safe and comfortable pedestrian environment. Page 2-2 /CBC District Design Guidelines January 2014Amended October 2016 sTREEN inThe ideal width for sidewalks in the CBC .. i. ;;. District is 20 feet, as measured from the ° back of the curb to the building facade. A width of 20 feet provides each of the four sidewalk zones the necessary space for -tt }- ,_.-- each to function as intended. �•Y re -` To ensure it functions as intended, the Pedestrian / Movement Zone - 4 -- Rde„na"j„,°v should have a clear width of 6 to 8 __`"'Z° feet. It should remain a clear and convenient passage route. - . t • + The typical width of the Furniture / Tree Zone should be 8 feet. The ( , Furniture / Tree Zone may contain street trees and other plant .IFIF material, lighting, seating, trash receptacles, public art, bike racks, flT OK traffic signage, and utility access. If -. - there is adequate width, trees should be placed in 8-foot tree wells. gam When adjacent to ground-level retail uses, gi(; 4111611411 the Frontage Zone should be primarily .;�, hardscape (concrete; brick; pavers; etc. as permitted by City Public Works Standards). ,v diIli El Where permitted by the CBC District - • .4.- regulations regulations and the City Code, outdoor " dining areas are appropriate within the f"... Frontage Zone. In all cases, however, a v minimum 6-foot wide continuous path of • - travel must be maintained. , L.:= �.. '; _ ;Ii.ir_40...,:; Ili Page 2-3/CBC District Design Guidelines January 2014Amended October 2016 MEETS To provide for the privacy of residents, residential units with individual entries on - the street adjacent to the Frontage Zone _„_... 1 - ideally should be set back to the maximum 3 `�') build-to' depth allowed by the District regulations. The setback area should be -s ,ffi. .� '--‘I planted and may also include walkways, tet, -;; "" ., -;�+ porches, raised planters, solid walls to a 4.,� ,' ` ` k ' y ,rsW ..,. maximum of 3 feet high above sidewalk „f ., % ';. .., .1111!11, lits ry elevation, and `transparent' fences (e.g., f ' i �'' „le r IIwrought-iron, tubular steel) to a maximum . p *'.� Ill 11111$' height of 3 feet above sidewalk elevation. . !# .-' Page 2-4 /CBC District Design Guidelines 14Amended October 2016 Buildings The relationship of buildings to the public and private spaces around them is critical to the overall success of the Central Business Core District. Building placement, massing, and appearance define this relationship. Each building's architectural style, form, rhythm of bays and openings, architectural details, exterior materials, textures, and color work together to provide an environment that encourages pedestrians to linger and experience everything around them. Design elements such as windows, awnings, canopies, seating, and the extension of interior uses, such as dining, into the sidewalk area create an active street environment that makes for a great urban place. The street is often described by urban designers as "a Placement large outdoor room." The ability to shape this room exists on every street, and its walls are defined by the primary facades of its buildings, which create a street wall. The proximity of the building to the street (placement) and the continuity of buildings placed along the street create the street wall, which is one of the most important components of an urban area. To maintain a consistent street wall, avoid large gaps between buildings, unless the area is used for outdoor amenity space, I , such as a plaza or forecourt. /7,„ r Si 0.• - { ' Page 3-1/CBC District Design Guidelines January 2011Amended October 2016 IEMINGS COIHigh rise buildings (buildings greater than ,1 ten stories) should be set back at the . '. . i a ground floor to the minimum build-to line and/or stepped back with increasing _ _ heights. Setbacks and stepbacks help , : ;iI i WI maintain an adequate provision of light, air, rlil�� i_i and views at the street. III II' eQe 11111 _ I 4 How building mass is distributed on a site usually has the Mas ing greatest impact on a project's overall appearance and on the strength of the street wall. Breaking the footprint of a large building into smaller parts and varying a building's height through the creation of smaller structures or facades is a valuable concept when designing large projects that consume half a block or more. Sculpting a building's massing can also help avoid big bulky structures that result in visual monotony rather than visual interest. It is the well-balanced variety of building massing and textures of shadow, light, and material that, in total, add to the richness of the District's built environment. Break large projects into a series of appropriately scaled buildings so that ,_ ' no building has a width above the 5t' Floor that is more than 250 feet. ►" -I 9' V- ,iI! Buildings and additions should be designed .. T .. so the mass of the first 3 floors is , 111111111111111 proportionate to the street. Because the ■/. !II MIIMB rrr 1101 II rIII rr. first 3 floors are closest to the street and rrrrr rr - rrr MI MI III III rrr IN MI IN thus interact most directly with passing x: rr- rr ig111117 II= Mal rIII r3 44 pedestrians and vehicles, it is there that r'rrrr :r rrr • 1 the scale and proportion are the most i I 'x,22 as critical4 ?ryr Yr ■ rrrr t.., Page 3-2 /CBC District Design Guidelines Amended October 2016 BUILDINGS 3 Building towers greatly affect the appearance of the overall skyline. The proportion of height to width is critical to avoid the `monolithic block' appearance. Reducing the bulk of the top of a tower r--' +uGs„if� ("sculpting" the tower) can .4.-1E----.1._ "°"I =ti- make it more attractive. '_! „`,-, ,; `_ .l s: Y X Z - , b, ±- Towers should have slender massing and sound proportions: !'` '�' Towers should have their massing designed to reduce overall bulk and to appear slender. 1 + Towers may extend directly up I from the property line at the street and are not required to be setback. Tower siting and massing should maintain key views to important natural and man-made features. Tapering / Tower tapers gracefully towards the sky to appear thinnest at top. Page 3-3/CBC District Design Guidelines January 2014Amended October 2016 INGS MITower forms should appear simple yet elegant, and add an endearing sculptural form to the skyline. Towers should be designed to achieve a simple faceted geometry (employing varied floor plans), and exhibit big, simple moves. They should not appear overwrought or to have over-manipulated elements. A building's top should be delineated with a change of detail and meet the sky with a thinner form, or tapered overhang. If a project has more than one `Engaged' Top / Tower as a set of engaged tower, they should be masses that form a sculptural top. complementary to each other and employ the same architectural design approach. Fact des ME Facades of buildings that face the street 11111111111 should incorporate human-scale detailing through the use of reveals, belt courses, cornices, overhangs, light fixtures, "N., ,� expression of structural or architecturallokk 1 :42 bays, recessed windows or doors, material - ' I or material module changes, color and/or 1 texture differences, or strongly expressed I'LL r1� It'�`, mullions. ' k I p' ROW Encroachments — Decorative architectural features like those listed above that encroach into the public right- of-way may be permitted administratively if they comply with all applicable design guidelines. See Sec. 33-114.3 of the City Code. Page 3-4 /CBC District Design Guidelines January 2014Amended October 2016 BUILDINGS 3 inAll sides of a building should be continuous in design. No side should be unimproved. All architectural details, such ,;;; E g E E as roof lines and parapets, should continue ? - 0i4—4 . K " around all sides of a structure. `HT1,,-� 4�.�. _ � I:lances ' 1 Canopies, awnings, and similar features 3.10 along the facades of buildings are r ." . encouraged to add interest and �;ti, • ?, . articulation to the streetscape. Such I, features « flexible material should be designed to fo 111."1 i "= complement the streetscape of the area yr _ in j - and should be sized and placed so as to be a proportionate with other features on the iii I facade. The shape, design, and color of such features should coordinate with the r_ color and style of the building facade to which the feature is affixed. No such feature should may interfere with the growth or maintenance of street trees or the lighting of the sidewalk. A minimum overhead clearance of at least 8' 6"8' from " the sidewalk ground should-must be , -` //,/ maintained. - /L/ ROW Encroachments—Awnings, canopies, and similar features that encroach into the public right-of-way may be permitted administratively if they comply with all applicable design .4h it_ a I 0 guidelines. See Sec. 33-II4.3 of the Cit ;i „,,.. I it- y.�' Code. r! I ,{l1 Page 3-5/CBC District Design Guidelines Ja., -20.14Amended October 2016 IIIMNGS k 11Buildings with frontage at the intersection - 71 of two streets should provide a building x. entrance at the corner to enhance activity at the intersection. In lieu of providing t " `. such an entrance, enhancement of the building at the intersection is encouraged ;B .. .,_ I through additional building mass, distinctive architectural elements, different i' Y building materials, changes in building Y ., - 1 - planes, or changes in building shape. The primary entrances should be oriented - - - 1" ■� Ilea -- — to the sidewalk and the primary -' .1 l 11 pedestrian ways. If a courtyard is part of ---,-.L.--,,. } the overall design, an entrance may be located on it as well. Entrances can also , ��- be better defined by varying pavement 7i] .. _ rib laws, -Aw ®, ill treatments. --___ N : ____;:=i, E. IllBuilding entries may be recessed to emphasize the entrance, increase window display area, and provide a sheltered transition to the interior. I- Building entrances should provide shade from the sun and weather sr protection for pedestrians. This may involve overhangs, arcades, ' roofs, porches, alcoves, porticos, awnings, or any combination of € ' these features. - entry +- The to a store or restaurant I unit should be centered on the e- ... facade and be highly `transparent.' k ._ Solid doors are discouraged. Page 3-6 /CBC District Design Guidelines 'Amended October 2016 BUILDINGS 3 Materials ismFeature long-lived and sustainable w I t"L materials, including brick, stone, tinted and i textured concrete masonry, and glass. e '' _. EIFS should not be used below the second -,,-- _ floor elevation except when used as f -----0:;:--':— -' soffits. The material palette should provide variety, reinforce massing and changes in the horizontal or vertical plane. rs 1, !. "----- -- .r" V fi 1`{ t 1 • " 1 - priri :, 1 _,... - .... ,,, , . . [.. i., , , ., . - ill t, rpm Employ a different architectural treatment , MOW at the pedestrian level (first I to 3 floors) ;,,, - > ti than on the upper floors, and feature high- rr" , _ quality materials that add scale, texture, and variety at the pedestrian level. ; , : , 4 , ..ate } ell _. ■- .'si! Eft - ti Page 3-7/CBC District Design Guidelines l4Amended October 2016 1.12INGS NFU An identifiable break should be provided Wain between a building's retail floors ri (ground level and, in some cases, 2nd and 3rd floors) and upper floors. t This break may consist of a change in material, change in fenestration, or 1 ` ,- similar means. 0, ' 1: p. IJ �, a s r. - - r t _- om, . 1 / Ground floor / Differentiate ground V retail provides v floors from upper pedestrian scale floors through architectural features CM To add variety and visual interest, the -- / is utilization of`layering' of materials and / / pllate and mmate pand aasssinrelated to flow ingg changes colors on the exterior of a building is f" ' important. Layering should be used in i� �� Inset windows and sill detail relationship to the building's structural nLiln 1111 D! ti N Transparency at Inset corners elements. .. 1_11,-- captureviewsandprovide 1 • U -—- another visual layer �h.1�; �� i" Change er als at b detail I'!; ' ,I and materials et base ill, _� II III�11l Ii I Nal M �/ Page 3-8 /CBC District Design Guidelines January 2014Amended October 2016 BUILDINGS 3 Lighting leoExterior building lighting can accentuate the building design and the overall ambiance of the area by using the " ; following techniques: ';' rt Highlighting architectural details ,- and features with lighting sn .. „if integrated into the building design. ` ,' #. " Facade lighting not resulting in ;" ' +a excessive light and glare. art ,gy. . _ I1-- Use of lighting that promotes -1i ' `l; I� ` energy conservation and efficiency. , .- Safety is encouraged through the1� i � use of"white" light (LED and A variety of lighting types(wall lights,sconce lights, fluorescents, rather than high- and downlights)that are appropriate to the design of pressure sodium). the facade as well as to their function. ICIEach project should develop a system or family of lighting with layers that contribute to the night-time experience, including facade uplighting, sign and display window illumination, `` " . landscape, and streetscape lighting. f �: � ,..2.... 1 i e`. i ,_. "jY1IY its Integrate security lighting into the 3.20 architectural and landscape lightingIr. ;; --4:, h: , '. --- system. Security lighting should not be • •'`. ri �" distinguishable from the project's �' * " . overall lighting system. .'`}#" Page 3-9/CBC District Design Guidelines January 2014Amended October 2016 I IIMINGS IIMIExterior lighting shall be shielded to __ " " reduce glare and eliminate light being - cast into the night sky. 1 ROW Encroachments — Building- r . mounted light fixtures that encroach into r` ;� the public right-of-way may be permitted ' administratively if they meet all applicable design guidelines. See Sec. 33-1 14.3 of the City Code. Mechanical Equipment and Service Areas 11111Ground level mechanical equipment that 111 cannot be located inside the building should be screened with an enclosure or structure incorporated into the main building. The design, materials, and colors ,,,,„, _ „„,,,,,,,,,,, should be complementary with the main building.111111 `'!"!` Rooftop mechanical equipment (including elevator rooms) should be screened so as -'-1- to rto be `invisible' from the ground adjacent - to the building as well as from approaches ° to the building. Horizontal (flat) roof - t4f. forms should be screened by extensions 110i11�14. •' `a <F 5 of the building wall planes (parapet). a.. =... I Loading and trash collection areas should . 3.24 . ...... •... E be concealed from view to the greatest 4 1 extent possible and are ideally located - inside the building. Access to these areas „1 should be minimized and arranged so that maneuvering is avoided on public streets. ,' A vertical clearance of at least 14 feet is recommended. Page 3-10 /CBC District Design Guidelines January 2014Amended October 2016 BUILDINGS 3 Par ing Structures Traditionally, the design of parking structures takes a secondary position to the development of larger projects. Parking structures are often treated as nothing more than buildings having the sole function of providing a place for people to park their cars and not as an integral part of the design fabric of the locale. The following guidelines are intended to encourage parking structures that are integrated into the desired design fabric of the CBC District and the immediate area in which they are located, so that ultimately, parking structures will be viewed as long-term, quality amenities to the city and not as utilitarian 'quick-fixes' for a parking problem. The exterior facade should maintain a horizontal line throughout. The sloping nature of the interior structure, necessary �=Iii in in in I1 iii iiq iii in the design of parking structures, should U II US NH MN ■■■ SU SU ■■..r■ U 11 ■■■ MS ■■■ ■u-SU US SU US not be repeated on the exterior facade. ■r■ ■■■ ■■■ MU. ■■■■■r ■rr SU ■■■ ■■■ ■■■ ■■A ■■■ ■■■ ■■■rrr ■ ■■■ UP ■■■ Mt ■■■■■/ ■ ■■■ ■■P ■■■ ■■A The height and mass of the structure should be consistent with the urban design fabric within which the structure is to be located (e.g., a 7 story parking , .. M structure should not be situated in an • °"` .r !it Its+ ..ra, area that consists of primarily 2 to 3 fir;• , w ,,, story structures). _� ..tea.... itter Parking structures should have an • • external 'skin' designed to improve the building's appearance over the basic concrete structure of ramps, walls t; and columns. This can include heavy-gage _ _ metal screen, pre-cast concrete i fcu ;,; panels, laminated glass or photovoltaic = �� panels. i i I i' , ; _ Page 3-11/CBC District Design Guidelines January 2011Amended October 2016 IIIMINGS Parking structures should integrate sustainable design features such as photovoltaic panels (especially on the .-,-- s`, top parking deck), renewable 4 . f l i �11 materials with proven longevity, and � (l. .. i - 1 : stormwater treatment wherever i o_J 1,1 I possible. '.id1 i.x�,ii,% _,, - :" , " : A� �ti i j . NEM Pedestrian access to and from a parking _i. iw 'r __ structure should be well-defined and it attractive. Vertical circulation cores --® -� - (elevator and stairs) should be located on = the primary pedestrian corners and be highlighted architecturally so visitors - n can easily find and access these entry 1. i , , - points. Directional signs should be '¢ provided at internal exits to identify streets and help orient pedestrians as they exit the parking facility. Proper security is an important aspect of 3.30 parking structure operations. A safe, secure environment for patrons, employees, and vehicles is critical. , Adequate security measures should be an , integral part of the design. The overall , ' fi`I 1 design of the structure should be such ,' . f m, .t !-} —- il, ' • ,,�'`' that it provides for easy surveillance from rr the street. The proper placement and # `. • :t �,!°,fit A design of windows, lighting, and `' . ,=a: ' A it ,{ wt „."`, 0- landscaping increases the ability for police and others to observe intruders and maximizes the potential to deter crime. Page 3-12 /CBC District Design Guidelines January 2014Amended October 2016 BUILDINGS 3 + Elevators - Elevators should be located along the exterior periphery of the building, preferably on a street side and oriented so that the elevator --.- lobby is visible from the street at 111.11 11111111 , each level. The back of theMINI MIN elevator cab and shaft should be _ made of glass or other similar transparent material that will allow maximum surveillance fromIfIlr a r— the exterior. Stairways - As with elevators, stairways should be located along the exterior periphery of the building, preferably on a street _— side and oriented so that the NNO stairway is visible from the street at each level. Glass or a similar transparent material should be used to allow visibility. + Access -Pedestrian access into and out of the building should be channeled thorough only one or two points to allow surveillance either by a cashier or a remote television camera. Page 3-13/CBC District Design Guidelines January 2014Amended October 2016 Out ' oor Ame ities 4 With the higher densities found in urban locales, Outdoor Spaces outdoor open space is at a premium. The public, semi- public, and private outdoor spaces around a building are instrumental in determining the success of a use at a particular location. Often it is these spaces that act as the transition between the use and the public domain of the street and sidewalk. The types of amenities placed in these spaces and the landscape plantings selected to define and accent them should promote and assist in this transition. Private outdoor spaces are also important, especially for developments with residential uses. Ira Sidewalk Cafes � . Outdoor spaces and amenities are If i, ! encouraged at the street level in order to it j, . - enliven the sidewalk for shoppers, "'r ° „,,,,c,,,,,, ' ""R`MN """' employees, and residents. Depending on �'- '• , _ -. �$'l� the amount of pedestrian traffic, a — -,, minimum 6 to 8 feet of clearance should — "':.� � be maintained in the "Pedestrian/ --� -- tit Movement" zone of the sidewalk. �—_: 4.2 Ent Forecourts :if," 'i1Entry forecourts announce the function ,vfand importance of primary building , entrances. They should provide a clear, - , comfortable transition between exterior ' , :. I and interior space. 1 1 .7'' I Page 4-1/CBC District Design Guidelines January 2011Amended October 2016 OUTiOOR A AM:NITIES 4.3 Courtyards Courtyards are fully or partially enclosed 1 outdoor spaces that are conducive to .-- - . :::: ' A014 o4 r smaller, more private social interactions. .._ a ha 55 1 . . ot i - i , , \, ,,,, tr / bt,, '- .. r —res " ' 1 _ c' i t' r 4 d� fi 4.4 Plazas Plazas are common open space areas typically amenable to larger public gatherings. They are readily accessible from the street and nearby buildings. % F •L f • 1l t1 ur R7 e a vitA _ "slti,v/ { bf .._... _ _ Pm' IIII -- ts+C„r +—' Page 4-2 /CBC District Design Guidelines 4amiary-24-1-4Amended October 2016 OUTDO@R AMENI IES 4 4.5 Corner Plazas 1 The corner of a block where a building entrance is oriented to the corner is often conducive to an outdoor plaza. Corner j plazas should be appropriate in scale and in the amenities they provide (intimate for residential, more open for commercial). 4.6 Parks Parks can take many forms in urban areas. Large or small, green or hardscape, active .r ;kms or passive, urban parks improve the quality 7--:'•" t `r' of life for residents and visitors of the - ,r District. fi iti New York's High Line Park transformed an abandoned elevated rail line into a wildly popular park. 4 Rooftop Spaces Rooftops can take advantage of otherwise -,. wasted space in dense urban areas where Ij"_'. . ground level space is at a premium. ;N1 ` ( + t. ',ill*, i Rooftops are often the forgotten fifth side y-"' '1!'—::-7•71",....'r ' 7 , 4, --° of a building and are visible from '_.,�` . r ••' surrounding taller buildings. Improving # s rooftops with plantings, seating, and other r, `- . 4,? �'- , amenities greatly enhances views from An outdoor gathering space on a rooftop in New York above and provides valuable outdoor City. amenity space. The character, personality and spirit of a city is often conveyed most Public Art vividly through its arts and culture. As a relatively young city, Virginia Beach has not yet developed a landscape of significant public art. It is vital, therefore, to continue the efforts begun at Town Center, which has been designated as an Arts & Cultural District. In order to integrate public art in the overall vision of each project's architecture, landscape, and open space design, the artist should be incorporated into the design team early in the process. Use of the following goals will assist in integrating art into the landscape: Page 4-3/CBC District Design Guidelines January 2014Amended October 2016 OUTDOOR 4 AM=NITIES • Artistic excellence/Aim for the highest aesthetic standards by enabling artists to create original and sustainable artwork, with attention to design, materials, construction, and location, and in keeping with the best practices in maintenance and conservation. 4, Image/Generate visual interest by creating focal points, meeting places, modifiers or definers that will enhance the area's image locally, regionally, and nationally. • Authentic Sense of Place/ Enliven and enhance the unique quality of Downtown's diverse visual and cultural environments. Provide meaningful opportunities for communities to participate in cultural planning, and a means for citizens to identify with each other through arts and culture in common areas. • Cultural Literacy / Foster common currency for social and economic exchange between residents, and attract visitors by ensuring that they have access to visual `clues' that will help them navigate and embrace a potentially unfamiliar environment. This can be achieved through promotional materials and tours as well as artwork. 4, Responsiveness /Without formally injecting art into the early stages of the planning process for each new development, it will either be left out, or appear out of sync with the overall growth of the built environment. 0.i I' is tfr, 0,0,00 -, ^mac s s .ice' sl 5 y��7 m F., , Veterans'Memorial at Virginia Beach's '1, Convention Center. King Neptune on the boardwalk at Heron Fountain at Virginia Beach's Town Center. 31st St.in Virginia Beach. Page 4-4 /CBC District Design Guidelines January 2011Amended October 2016 OUTDOOR AMENI IES 4- .., - /' 4 . . i�' • 1 mi.,..,i ti 4 iy - A ' f`krr C 11 11), .41111111t ! ' $ 0 L "The Kiss"in Virginia Beach's Town Center. -•- •-'kr.' r.. ,41/711111M . Us "Wings"is a large-scale kinetic sculpture outside of the Sandler Center in Virginia Beach's Town Center. I .II ! IL di` .40 -- r dr 1 tw�; I` 1i • i "Sway.. ....- . ..,,,,. .,ary,in._ public art display installed on a vacant lot in Salt Lake City, UT. Page 4-5/CBC District Design Guidelines January 2011Amended October 2016 OUTDOOR 4 AM:NITIES , frf r ff rfrf rf r 4_ rf rf rf 1111 I* ¢r f , 4 ,Ki , ,, 1 , t.iii — Ir _ _ .r.. ii, kms::* . ©y . "Cloud Gate"reflects Chicago's famous skyline and the clouds above. = ,..= 11.': i '. % , t l arw ,t• i - • 4it 7 t. ft ''''.;;Al a 'I 1111111111.11111. • d `.. '.. • t ' ,fid'-- . a1 G'+ s Lr :r dz a L u. Crown Fountain in Chicago's Millennium Pork projects images of the faces of Chicago During the warmer months,a fountain shoots water from the tower into reflecting pools,giving the appearance that the faces are spouting the water from their mouths. Page 4-6 /CBC District Design Guidelines Amended October 2016 Si:13 Signs are one of the most noticeable visual elements of any urban area. Not only do signs communicate information about the goods or services being offered at a particular establishment, they also communicate something about the quality of the particular business and contribute to the image of the City area as a whole. Well-designed signs that communicate their message clearly, but without attempting to compete for attention, will help maintain a quality visual environment in the Central Business Core District. Ap • licability The Design Guidelines in this chapter can be applied to all new signage, including replacements of existing signs, within the Central Business Core District. Except for signs such as hanging signs, ma :.-- - _ - -: :- that encroach into the public right-of-ways otherwise require City Council . .. : - - - . : : _ . • . .. _ . the Design Guidelines listed below as "Encouraged" are not mandatory requirements, but are voluntary standards for sizing, designing, and locating signs within the District. The Design : -- _- . - - - • - = = -: - = Finally, tThe Design Guidelines supplement, but do not supersede, the mandatory requirements for signs that are set forth in Article 2, Part B and Article 22, Part C of the City Zoning Ordinance and'a„d ale 22, Part C and are listed below as "Required.",- ROW Encroachments — Signs that encroach into the public right-of-way may be permitted administratively if they comply with all applicable design guidelines. See Sec. 33-I 14.3 of the City Code. n— _ _ I v • • its overall appearance. Section 2210 of the City Zoning Ordinanc- . = - . ":: " Page 5-1/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS to these Design Guidelines. In addition, certain types of signs arc not included in determining an establishment's sign allowance if they conform to the Design Guidelines. Even if all signage docs not conform to the Design Guidelines, it qualifies for bonus signage treatment if the City Council determines that it meets the Alternative Compliance Review Standards set forth in Section 2205. General Guidelines 111311 Materials Encouraged i /-/i Materials should be durable and capable of �'! $,sRs� . withstanding wind, rain, and direct sun o a ti without undue weathering. Except when c g. used for banners a++1-or awning signs, err , Q r:6 - cloth or soft plastic flexible materials are .Qe 4' not a-suitable material for exterior use. >_~ "FRY•¢ fru V. , Signs should be made of materials that are R�y compatible with and complementary to ri B�G the architectural design of the building facade. Page 5-2 /CBC District Design Guidelines January 201/Amended October 2016 SIG221 111111 Proportionality " Encouraged Signs should not dominate the building cc- IT facade on which they are located. The size, scale, and shape of a sign should be appropriate to the facade or other building feature, such as a window. Achieving this objective is not accomplished merely by a sign's conforming to the maximum size , requirements of Article 22, Part C, as it is Primary building name sign and address sign are well- entirely possible for a sign that is allowed proportioned to each other and to the building. to be of a certain size to look out of proportion (too large or too small) to its L a T • location. Proportionality refers not only to the size, <4 s x 1.1410 -11111r4%0 • scale, and shape of a single sign, but to all of the signage on a particular building. A building facade may appear to be overwhelmed by too many signs, even if each individual sign is, by itself, perfectly proportional to the building facade on which it is located. Similarly, if signs are placed too closely to each other, they all compete for attention (a phenomenon Multiple signs and information are competing for known as "shouting"). Rather, the attention and'shouting'at the viewer. placement of multiple signs should be such that the eye is drawn to only one sign at a time. InIntegration Encouraged :VW Where a business has more than one sign, 'f�'1 all signs should be designed to be Jin compatible with each other in terms of materials, color, lettering style and logo �^ usage. Multiple signs for a single enterprise are more effective visually when they are coordinated. A good example of sign integration,with each Signs should be placed so as not to obscure sign compatible to the others as well as with the or visually overwhelm architectural facade. features of a building. Notable building Page 5-3/CBC District Design Guidelines January October 2016 5 SIGNS elements should be allowed to stand out without distraction from oversized or too much signage on or near such building elements, or from signage that is oddly shaped or colored in such manner as to clash with nearby building elements. Design elements of a building, such as window patterns, are helpful in determining the shape of signage for that building. CQMMfY Signs should be designed with regard for, �TER and to integrate with, the architectural style, historical significance, and/or inherent character of the building. Signs should fit • 4 s„ on a building as if they were one of its architectural elements. Signs should enhance the primary design elements or This sign lacks integration within itself and with the building. The lettering and colors on the sign unique architectural features of the are not coordinated,and the box sign is a building. Particularly with older buildings, separate structure attached to the building with no regard for the architectural elements and style extreme care should be taken not to of the building. obscure, damage, or otherwise interfere with design details and architectural features that contribute to the building's character. Signage should be compatible not only with the building on which it is located, but with the scale and character of other signage in the immediate vicinity. 5.4 Legibility Encouraged Messages on signs should be brief. A sign with a succinct message is easier to read, looks cleaner, and is more attractive because it is not cluttered. Business hours, telephone numbers, sales information, listings of goods or services (except as indicated in the name of the business), brand names carried, and credit cards accepted, should not be included on Page 5-4 /CBC District Design Guidelines Januar 044Amended October 2016 SIG:113 a business's primary sign. - ________.....!� Words and lettering should be properly , spaced. If they are too close together, the message will be more difficult to read. ( "-� Spacing them too far apart causes the viewer to read each item individually, which also obscures the message. I Lettering and graphic elements such as , logos should not be placed so as to make the sign difficult to read. This guideline u - , does not prevent lettering and graphic elements from overlapping, so long as the ., overall message remains clearly legible. Lettering and logos should not occupy The lettering and graphic elements of this sign are more than 75% of the sign face. At the placed and sized such that the message is easy to same time, large areas of blank space read. convey no message and the overall size of the sign can be reduced. The number of lettering styles on a sign �`- should be limited, as a general guideline, to vn `o, no more than two for small signs or three `"°m"""R°""'°' for larger ones. -- Backgrounds should be avoided, but when necessary, should blend with the building facade. There should be ample sufficient Too much information and lack of integration make contrast between the background and the this sign difficult to read. message to enable the sign to be read easily. Page 5-5/CBC District Design Guidelines January 201lAmended October 2016 .„ 5 SIGNS Color 11131 ...,,..s._ _ ._ ,..s. Encouraged o r.- i. Colors that are complementary, yet u . .,A providegood contrast with one another, r " Q should be used, and excessive and o� 4h uncoordinated use of colors avoided. The 4w'"fl 1.most effective graphics are produced when /�'� light colored letters and images are placed - 4+ on a dark, contrasting colored background R R or vice-versa. The colors used for the components of this sign provide good contrast,improving legibility. The number of distinct colors on a sign, exclusive of different shades of the same color, should be limited to no more than three. Colors should complement the materials or paint scheme of the buildings, including accent and trim colors. Bright"day-glo" colors should generally be avoided, as they are distracting and do not blend well with other background colors. cmIllumination source of light, as opposed to internally iimmiiiiiiii;ii • : AZA .,. - ---- _ DE � H adjacent to the sign so as to emphasize the signs affixed to it. Required �ildg Light sources should must be directed toward the sign and sheuld-shall not shine into adjacent property or cause glare for motorists and pedestrians. Page 5-6 /CBC District Design Guidelines laftuacy-2814Amended October 2016 SI Encouraged Small, unobtrusive fixtures for external •- •_ - •-• • -- _. .External fixtures should be small and unobtrusive. Oversized light fixtures that are out of scale with the sign and structure should be ►J I avoided. ___in I {reverse channel), arc preferable to Signs should be illuminated only at the minimum level to ensure readability at night. Sp - cific Sign Types Awning Signs Required Allowance ISL and 2"d story awnings only Number (max) I per awning Area (max) 2 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination External only Encouraged The shape, design, and color of awning signs should coordinate with the color and style of the awning and building facade to which the awning is affixed. Page 5-7/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS Awnings should conform to the applicable design guidelines referenced in Ch. 3 of this document. In lieu of wall signs: Allowance Ground story establishments with no wall sign Area (max) I sf per linear foot of building frontage Number (max) I per establishment per building facade Awning signs greater than 2 sf permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. _ name of the business or a small logo e or an integration logo or an �! I integration of the two. STOP " I i y Banner Signs Required Allowance Buildings 32' or greater in height Horizontal extension (max) 5' Placement height (min/max) 15' min clearance and no higher than top of building facade Illumination External only Securely mounted perpendicularly to vertical building wall Consistent size, shape, style, and mounting hardware on each building facade All banner signs must comply with applicable design guidelines in Chapter 3, general design guidelines in Sections 5.1-5.6 and above. Page 5-8 /CBC District Design Guidelines January 2011Amended October 2016 SIGZI color that is coordinated with the -• .•-: . .. , . - • •-: - leges 4k#7 , er-other graphic elements should be limited to one color that _ r , ,� As banner signs arc required to be a no — x,: feet in arca, words or graphics should - — — - 1 ? be limited to either the name of the establishment or a readily recognizable logo or other symbol in ilk r 1 order to remain legible. Ili Building Crown Signs Required Allowance/Number (max) Buildings 32' high or greater/2 per buildin *Buildings 52' high or greater/4 per building Placement height (min) Upper 25% of building facade and no higher than top of building facade Size (max) Based on building Horizontal height extension (max) 75 sf <75' I' 100 sf 75'-99' 2' 125 sf 100'-149' 2' 175 sf 150'-199' 3' 250 sf 200' or more 3' Illumination Internal or external Cabinet signs are not permitted. *Buildings with more than 2 crown signs must comply with applicable design guidelines in Sections 5.1-5.6 and below. Page 5-9/CBC District Design Guidelines January 2014Amended October 2016 BENS Thcsc signs arc one of the visual signatures of a building and arc probably the largest sign on the building, Accordingly, they Encouraged (Required for wvs buildings with more than two crown signs) Building crown signs should be carefully designed and located so as to promote readability, proportionality, and integration. 11 Signs should be located where architectural features or details suggest a location, size, or shape for the sign. Raceways are discouraged, but when necessary, should not exceed 25% of sign height and should blend with the building facade. Backgrounds are discouraged, but when necessary, should blend with the building facade. Such sSigns should be illuminated in such manner as to reflect that the sign is one feature of the building facade rather than the focal point of the entire facade. Bex sty•'^ ^n& _ Page 540 /CBC District Design Guidelines January 2011Amended October 2016 siGEI Canopy Signs Required Allowance Ground story establishments only Number (max) I per canopy Height (max) 2' Depth (max) I' Area (max) 2 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination Internal or external Cabinet signs are not permitted Encouraged The design, color and materials of canopy signs should coordinate with { the canopy and building facade to which the canopy is affixed. 40 \ Canopies should conform to the applicable design guidelines referenced in Ch. 3 of this document. In lieu of wall signs:: Allowance Ground story establishments with no wall sign Area (max) I sf per linear foot of building frontage Number (max) I per establishment per building facade Canopy signs greater than 2 sf permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. Page 5-11/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS ' III ' I I ALEItigl Freestanding Signs Required Allowance City Council approval only, unless replacing existing freestanding sign (see Sec. 215(c)) Cabinet signs are not permitted. characteristics: ,� �•! a. The width of the base docs not exceed twice the height of the 1111111 _ total sign structure and docs not extend more than one foot beyond either outside edge of the face of the sign; b. The height of the base is between 4.4!f f 11"\ 18 inches and four feet; and c. The maximum height of the sign, does not exceed eight feet. Encouraged same geometric type (e.g. - circular). Page 5-12 /CBC District Design Guidelines January 2014Amended October 2016 SI applicable standards set forth in the City Zoning Ordinance and � ,51 Freestanding Ssigns should be constructed out of materials that complement the building structure and design. Backgrounds should be opaque and of a non-reflective material. Freestanding signs that arc externally backlit letters, arc encouraged over Freestanding monument signs should be placed so as to be perpendicular to s . : the street. OFFICE PARK ' : Page 5-13/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS Hanging Signs Required Allowance Ground story establishments only Number (max) I per establishment per building facade Area (max) 9 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination External only Establishments may have either one hanging sign or one projecting sign for each building facade. Sign may have a maximum of two faces, which must be parallel. Cabinet signs are not permitted. Page 5-14 /CBC District Design Guidelines January 2011Amended October 2016 SIGM I Encouraged "!,y . . ; a - - _ . automobiles or pedestrians on the syseigraiiink other side of the street. I JOHNSTON&MURPHY Hanging signs should have two finished sides that are the same on both sides. Signs with visually interesting elements, such as square or rectangular shapes , with painted or applied letters, two or three dimensional symbols or icons, irregular outlines, and/or internal cut- outs, are encouraged. Mounting hardware for hanging signs should be attractive and an integral part of the sign design. Metal brackets with decorative and complex shapes --a - are encouraged where appropriate to i ...--esileme.„„ --, . 0 add to the character of the building. 4,Bo,, 9 s, Hanging signs should not cover architectural details of the building facade and should be integrated with ' B�'" `' architectural facade elements. El e .... sides that arc the same on both sides. illuminated, if at all. the same facade. Information Board Signs IMO Required Allowance Ground story establishments only Page 5-15/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS Number (max) I per building facade Lettering Height (max) 2" Horizontal extension (max) 6". Illumination Internal or external Must be placed in weather-resistant closed display cabinet. Encouraged Information board signs Signs should be placed in a location in which �R Li illumination is sufficient without spot or other lighting specific to the information board. If such placement is I impractical, fluorescent, or other lighting sufficient only to illuminate the information board is acceptable. facts about the uses in the building, such as names of businesses, etc. of interest to potential patrons, such as menus and reviews. Menus Signs and „" the display cabinets in which they are located should be appropriate in size, location, and design to the character 7.: and architectural detail of the building as well as to the character of the �` restaurantestablishment. 111! '� a Information board signs and the = : d, display cabinets in which they are tr rwn = located should be constructed out of a� _ iiiii materials that complement both the %.. building structure and its use. I 101111 Marquee Signs Required Allowance Buildings occupied by theaters, cinemas, performing arts facilities or similar venues only Number (max) I per establishment per building facade Vertical clearance (min) 9' Page 5-16 /CBC District Design Guidelines Amended October 2016 SI Griril Top of sign (max) 18' Illumination Internal or external Cabinet signs are not permitted. All marquee signs must comply with applicable design guidelines in Chapter 3, general design guidelines in Sections 5.1-5.6 and below. Marquee signs should be made of materials that are compatible with and complementary to the architectural design of the marquee itself. +,,;,• ' `. The size of marquee signs should be =4 proportionate to the size of the face of the marquee to which they are affixed. " ' _ _ .. T on current and coming attractions, such as movie titles, show times and •r Lights framing marquee signs should ��, ,. : k • ; -' be of uniform size, shape, spacing, "'iA ;i 144i color and brightness and should be no • 4' rj,, brighter than reasonably necessary to .► . outline the marquee in keeping with the pedestrian-oriented nature of the District. which they arc located, further care tiaT signs arc dcsi ncd so as not to a S g PP ar whether because of size, color, or placement. ff Creative design of graphics and ce o .ee letteFifio g Page 5-17/CBC District Design Guidelines January 2011Amended October 2016 5 SIGNS necessary to allow passersby to easily rcad the message of the sign. Neon should not be used on historic ++Id+ngs: 111131 Projecting Signs Required Allowance Ground story establishments only Number (max) I per building facade Area (max) 9 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination External only Establishments may have either one hanging sign or one projecting sign for each building facade. Sign may have a maximum of two faces, which must be parallel. Cabinet signs are not permitted. Ask Encouraged Projecting signs should have two lAU1ct finished sides that are the same on °"'MrB.R both sides. Signs with visually interesting elements, such as square or rectangular shapes with painted or applied letters, two or itt three dimensional symbols or icons, 40110f irregular outlines, and/or internal cut- outs, are encouraged. Sign supports and brackets should be .. compatible with the design and scale of • the sign and the architectural design of the building. Projecting signs should not cover architectural details of the building facade and should be integrated with Sr- architectural facade elements. 4 / same facade. Page 5-18 /CBC District Design Guidelines January 2014Amended October 2016 SIC! mounted above the second floor In lieu of wall signs: Allowance Ground story establishments only Area (max) I sf per linear foot of building facade Number (max) I per building facade Projecting signs greater than 9 sf permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. 5.16 Sandwieli-BeafdSidewalk Signs Required Allowance Ground story establishments only Number (max) I sign per building facade Area (max) 6 sf Placement Directly in front of establishment Sidewalk horizontal clearance (min) 8' Material Framed in wood, wood composite or metal with a professional finish; incorporated insert with fixed message or chalkboard, dry erase board, or similar material Illumination Not permitted Design *Sandwich board/A-frame style (hinged at top) No merchandise or other material may be placed on or hung from sign. Sidewalk signs must not be left outside overnight. *Sidewalk signs that are not sandwich board/A-frame style (hinged at top) must comply with applicable design guidelines in Sections 5.I-5.6 and below. Page 5-19/CBC District Design Guidelines ^ Amended October 2016 5 SIGNS Encouraged 111111°1.7 Removable letters such as is used in IY.. appropriate; ♦Lettering and graphic elements on sidewalk signs should be = by w drawn hand. (q orrg•SDE Ake$ 2U`orr IXroamer wt 1 F ole WI FEenirY6 Signs should be uncluttered and easily w oFE 1"1M6 legible. 19'atE ofran•mito �...- I .. -MORE Wait ow rc I .. available to passers by. 13111 Table Umbrella Signs Required Number (max) 2 per umbrella Area (max) 2 sf Illumination Not permitted Encouraged Table umbrella signs should be of a single color that contrasts well with the background material of the umbrella. Cc7,1fOE h�a p12..ZA KRTc ERV ■ i® •. !off"`_ ` i n n ■ 1111M!.. Wall Signs Required Allowance I' and 2'd story establishments only Area (max) I sf per linear foot of building facade or 60 sf, whichever smaller Number (max) I per establishment per building facade Horizontal extension (max) I' Page 5-20 /CBC District Design Guidelines January 2014Amended October 2016 SIGM Placement height (max) No higher than building facade Illumination Internal or external Cabinet signs are not permitted. Encouraged 'tom Wall gsigns should be located where architectural features or details suggest a location, size, or shape for the sign. The best location for a wall sign is generally a band or blank area between the first and second or second and 1 OF third floors of a building under 45 feet r in height so as to maintain a pedestrian g scale. To the extent possible, wall signs should be placed at a height consistent with that of wall signs on the same or 177" ippr adjacent buildings; if, however, such a placement would conflict with the previous guideline regarding placement where architectural details suggest, the compliance with previous guideline is •� �' preferable. • a wall. Box style signs arc tingly 11111' discouraged. MSM Raceways are discouraged, but when necessary, should not exceed 25% of sign height and should blend with the building facade. Backgrounds are discouraged, but when necessary, should blend with building facade. Page 5-21/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS 1111 Window Signs Required Area (max) 10% of total window area Restrictions No oscillating lights, electronic displays, televisions, computer monitors Neon signs are only permitted in windows and must comply with applicable 4 design guidelines in Sections 5.1-5.6 and below. Encouraged Window signs should allow `� pedestrians to see clearly into the 1 i establishment. i product or service offered by the establishment. " Window signs should not compete1111111111111111117116* with wall signs or other types of signage on the facade, but should 1111 MO, complement the facade. Inn ,. Window signs should be designed so as not to appear incongruous in the window setting, whether because ofNMI size, color, or placement. 14611 High-quality materials should be used. Paper, cardboard, and plastic signs gud ajar, i hung in a window should be avoided. Creative design of graphics and lettering is encouraged. Neon signs should be no brighter than necessary to allow passersby to easily read the message of the sign. In lieu of wall signs: Allocated area (max) I sf per linear foot of building facade Page 5-22 /CBC District Design Guidelines January 2011Amended October 2016 SIGEI Number (max) I per establishment per building facade Window signs greater than 10% of window area permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. Page 5-23/CBC District Design Guidelines January 2014Amended October 2016 Sustainability 6 Sustainable design and building practices can reduce pollution, save money, and enhance the quality of our built environment. Designed properly, many of these practices can serve multiple purposes, like managing stormwater while providing outdoor amenity space. Certification programs like Leadership in Energy and Environmental Design (LEED), EarthCraft., and the Sustainable SITES Initiative (SITESTM) are encouraged as they provide standards for assessing sustainable design and materials. However, even small, inexpensive features can go a long way to contributing to sustainable design. Alternative Modes of a 111.11001 Transportationit ...• ,� Encouraging alternative modes of - transportation, including mass transit, bikes, walking, and low or no-emission vehicles ' i will contribute to improved air quality. E - This street in Portland Oregon accommodates pedestrians,bicyclists,transit riders,and motorists of all ages and abilities. Photo credit:www.pedbikeimages.org/Laura Sandt 11111 Bicycle Parking Bicycle parking should be installed near building entrances in safe, well-lit locations that are convenient for cyclists but not in the way of pedestrians. Bike racks can take ! tf I it :110‘, many forms and should be designed with [1. both form and function in mind. Some even double as public art. I he"I actil Bicycle Rack"gives a friendly wave to cyclists in Barcelona,Spain. Page 6-1/CBC District Design Guidelines Jaffuaity-2044Amended October 2016 6 SUSTAINABILITY 11121 Bioretention Areas Bioretention areas capture and treat -.." stormwater runoff as it filters into the ' ground and replenishes groundwater. With ' s ` fs ,; appropriate plantings, these areas can enhance and soften the hardscape of the urban area. They can also take advantage of underutilized spaces, like road medians, parking lot islands, pavement edges, and courtyards. This"stormwater planter"in Portland,OR takes advantage of limited space by placing a soil filter in an above-ground container. 6.4 Blue Roofs • To get both cooling and stormwater detention benefits, blue roofs use controls atop the roofs downspouts to detain stormwater runoff flow from the roof. The water is eventually released to a stormwater harvesting or infiltration system at a controlled flow rate. This blue roof system captures rainwater in gravel filled trays. 1113111 Building Materials rirei Use building materials made from — sustainable resources and manufacturing -� processes. 'j0` lommimm` College Park Elementary received Virginia's first LEED Platinum rating for a school. Charging Stations Charging stations for electric vehicles will become more common /1 in the future. These can be designed as simply as a parking meter or come complete with solar An unobtrusive charging A solar-powered charging panels and a canopy for shelter. meter in Israel. station for plug-in vehicles. Page 6-2 /CBC District Design Guidelines January 2011Amended October 2016 SUSTAIN'BILITY 6 Cool Roofs A simple way to save energy is to paint �. . _ t z, your rooftop with a reflective coating. By *' r. reflecting the sun's energy rather than r absorbing it, rooftops can be more than +'~ .y m ` 25% more energy efficient and can offset 'E ` ' the urban heat island effect caused by high concentrations of dark surfaces. Cool roof New York City's"°coolRoofs Program"encourages coatings can also extend the life of a roof building owners to paint their roofs with a reflective by 5 to I 0 years. coating. I=Green Roofs Green roofs are rooftop areas that are partially or completely covered with vegetation. Also known as living roofs, vegetated or planted roofs, rooftop gardens and rooftop parks, the benefits of green roofs are multi-fold. Planting these overlooked surfaces can improve air , . quality, mitigate urban heat islands, provide z outdoor amenity space, improve acoustic ,.- insulation, and offer visual relief for neighboring buildings. Rooftops can even , support urban agriculture. amp mit` J Before and After:Eagle Street Farm is a 6,000 sq.ft.green roof organic vegetable farm atop a warehouse in Brooklyn,NY. Planted roof on building in downtown Portland,OR. Page 6-3/CBC District Design Guidelines January 2014 6 SUSTAINABILITY Native Plantings and Soils Using native plant and tree species along with soil restoration will boost the survivability of plants in a harsh, urban environment. These plant materials and soils reduce runoff from otherwise -- impervious, compacted surfaces. Adequate soil volume is essential for healthy, long term sustainable growth for plant material. Streetscape plantings at Town Center 6.10 Open Space Preservation Natural open space is even more important in urban areas because of its scarcity. In addition to providing relief from the urban •�!+` hardscape, natural open space can provide .*, " valuable outdoor amenity space for walking, hiking, and biking, protect waterways from erosion and runoff, and increase urban tree canopy. In particular, natural features such as mature trees or treestands that provide urban tree canopy or riparian buffers that protect natural waterways should be preserved and enhanced. View of Town Center from Thalia Creek. Ili Plant Walls Plant walls, also called "vertical gardens" or "living walls," can add visual interest to an otherwise blank wall or other area in need = of screening while providing thermal and acoustic insulation and cleaning the air. Wall systems and plant materials should be YRN carefully chosen to ensure survivability. Location, coverage, size, and design ;we i `"_; k � flexibility should all be carefully considered "Living"wall in Madrid,Spain adds beauty to an otherwise unsightly blank wall. when designing a plant wall. Page 6-4 /CBC District Design Guidelines January9-14Amended October 2016 SUSTAIN,BILITY 6 MIIII Rainwater 1111111111.11 Harvesting Harvested rainwater can be collected in rain barrels, cisterns, or underground storage tanks and used for non- potable uses (plant L ' ' irrigation, toilet flushing, ^ , or ' exterior washing, fire I ' I «' isms 1 t L suppression, chilled water - —AIM* cooling towers, and water This cistern at Whole Foods in Raleigh, NC Rooftop runoff irrigates a features). This method harvests rainwater for plant irrigation and toilet planting bed at Virginia flushing. Beach's Town Center. not only conserves potable water but also helps manage stormwater. 13111 Solar Panels • Solar panels can easily be integrated into —.._..-"j-`—__ _ building design to provide a non-polluting 9, -` �, source of energy. I II ' / �_e _.:„. 3 J f , g. ,, .' Solar panels on Renaissance Academy,a LEED Gold building. 6.14 Waste Reduction and Recycling Recycling programs should be incorporated ! .._.a.. - 1 � into commercial and multi-family facilities so 11 I 1 4 mot m• that recycling is easy and convenient for , employees, customers and residents. / Waste and recycle bins at Town Center in Virginia Beach. Page 6-5/CBC District Design Guidelines January 2014 6 SUSTAINABILITY Wind Turbines Although wind turbines are more successful in open areas, wind energy can also be r harnessed above the rooftops in urban areas. Urban wind turbine in San Francisco,CA. Page 6-6 /CBC District Design Guidelines 4aRthacy-2.0.14Amended October 2016 Item #17 City of Virginia Beach An Ordinance to Amend Sections 210.2, 2210 and 2211 of the City Zoning Ordinance, Pertaining to Definitions of Sign Types, Sign Regulations in the Central Business Core District and Sign Design Guidelines for the Central Business Core District. September 14, 2016 CONSENT An Ordinance to Amend Sections 210.2, 2210 and 2211 of the City Zoning Ordinance, Pertaining to Definitions of Sign Types, Sign Regulations in the Central Business Core District and Sign Design Guidelines for the Central Business Core District. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 17. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 7-0, the Commission has approved item 17 for consent. Ashby Moss appeared before the Commission. ." 04 � ,. �� City of Virginia Such 9t$ NO# L` OEM ?�N I{1:4 l.con PLANNING DEPARTMENT MUNICIPAL CENTER PHONE(757)385-4621 BUILDING 2,ROOM 115 FAX(757)385-5667 2405 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9040 September 19, 2016 Subject: Central Business Core (CBC) District Sign Regulations and Design Guidelines Dear Property Owner: You are being sent this letter because our records indicate that you own property within the Central Business Core (CBC) Zoning District. The City is considering an amendment to the sign regulations and design guidelines applicable in this district. The following list summarizes the major changes that are being proposed: 1. Signage allowances are no longer based on building type ("mixed use" or"other") and are now based on sign types and the location of the establishment. 2. Cabinet-style ("box") signs are no longer permitted. 3. Establishments on the second story can now have their own wall signs. 4. Establishments on the ground story with no wall signs can now have larger awning, canopy, projecting, or window signs than otherwise would be permitted if the signs comply with the Design Guidelines. 5. Corner establishments are now allowed projecting and/or hanging signs on each streetfront. 6. Parking structures are now allowed one wall and one projecting sign for each vehicular and pedestrian entrance. 7. Freestanding signs are no longer limited to monument-style but still must have City Council approval. 8. Design Guidelines have been revised to align with the proposed changes and now include a list of"Required" and "Encouraged" dimensions and features for ease of reference. (The complete ordinance and revised design guidelines are available to review on the City's web site at www.vbqov.com/pembrokezoninq.) The Central Business Core (CBC) District was originally adopted on February 25, 2014. This is the City's second zoning code adopted to implement the Strategic Growth Area (SGA) plans and reflects a more urban-style, pedestrian-oriented development pattern as compared to our standard zoning code. Accordingly, the sign section of this code allows for more pedestrian- oriented signage. After more than two years of applying these sign regulations to new signs installed in the CBC District, Staff has identified some changes and refinements needed to allow for more design creativity and to simplify the rules. The amendments have been reviewed and approved by the Central Business District Association's Design Review Committee, which has been heavily Central Business Core (CBC) District Sign Regulations and Design Guidelines September 19, 2016 Page 2 involved in the drafting process. The Planning Commission has also reviewed and recommended approval of the amendments at their public hearing on September 14, 2016. While all legal advertising requirements have been followed, you are receiving this letter as an additional notification of the proposed ordinance amendment since this affects a relatively small area (see map on reverse side). City Council will hold a public hearing to consider the amendments on Tuesday, October 18, 2016 at 6:00 pm in the City Council Chamber, City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. I encourage you to contact Ashby Moss, the staff planner assigned to this ordinance, prior to the City Council hearing with any questions or for a general overview of the amendments as they apply to your property. Ashby can be reached at (757) 385-2904 or via email at amoss@vbgov.com. Sincerely, cj4 ( dcl J. Barry Frankenfield, FASLA, AICP, LEED AP Director of Planning and Community Development s.i i�EP�• )Cogirinpli ' O , ORPORATION N . 3 a :it_ � BR®ADZ Z -' - AN: o A . r. A I I._.._ ,Tr30...,,,,,,, n 41 ■ I 1 II1 NMI IST � _ o 46 lb. r IR A 1 I • o VIRGINIA BEACH BLVD maw O o j BANK ST - COLUMBUS CTR :* r. I♦ nig' v ��`n� a MAIN _._� � • T,O,W h. ti N • I Tc E N T E Ry. - Q , a z� i mww '� • COLUMBUS ST O COLUMBUS LOOP W it I S k r M Ili. �;`1__ ; . ■ ....e. , N 0 :: I.�r■C9+r`r m/fir.% NINA 6) iiid■�tii M_A_NDAN R2 r ♦ Is " I1 1 i fE TOVI1Ajt ■ i'vr' - r'.T,'gip,➢ < ffc It _.....��.��1:: �, C7 CARA�P�CE DR tiS80tiY w F'p`<'" ��CONEyTO��RD'Q � �i�f 111 ll f i++t�s 'it�� . IaZaSEWSI! dAN L CENTRAL BUSINESS CORE(CBC)ZONING DISTRICT Map Not to Scale '9 E 6 L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL SESSIONS ELECTION DAY TUESDAY, NOVEMBER 8, 2016 CANCELLED EVERYONE PLEASE EXERCISE YOUR PRIVILEGE TO VOTE *************************** 5 -YEAR FORECAST November 15 , 2016 Building No. 19 Joint City Council and School Board *************************** 10/12/16 jb CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE 10/04/2016 PAGE: 1 D S A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MM S H L W O Y L N A O O O R S 0 R EE EN S NM I 00 T R Y S E SD SNND CORRECTED I. CITY COUNCIL'S BRIEFINGS A. Naval Air Station Oceana Update Captain Richard Meadows, Commanding Officer B. Joint Expeditionary Base Little Creek— RESCHEDULED Fort Story Update II. CITY MANAGER'S BRIEFINGS A. Light Rail 30%Design Cost Estimate Thomas Leahy, Deputy City Manager B. Arena Discussion David Hansen, City Manager III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11—0 Y Y Y Y Y Y Y Y Y Y Y VINII. SESSION A-E VII.F MINUTES APPROVED 11-0 Y YY Y Y Y Y Y Y Y Y SEPTEMBER 20,2016 VII.G FORMAL SESSION AGENDA VII.H MAYOR'S PRESENTATION Resolution in Recognition Reverend Walter A. Whitehurst VILI PUBLIC HEARINGS I. TRANSFER of City Property to 30 Speakers Development Authority re Arena 2. INSTALLMENT PURCHASE No Speakers AGREEMENT re acquisition of ARP easement on Hungarian Road VII.J PUBLIC COMMENT 1. 2017 Legislative Package 4 Speakers PULLED Legislative Agenda to the 2017 General DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y FROM Assembly VII.K.2 Section 1.1 City Lona Term Policy Position 2. Expansion of the Virginia Human Rights Act VII.K.I Resolutions re Arena Development: MOTION TO ADOPT 8-3 Y YNN Y N Y Y Y Y Y LOST TO NEGATIVE a. AUTHORIZE an Amendment to VOTE the Development Agreement b. RE-AUTHORIZE TRANSFER of land to the Development Authority CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE 10/04/2016 PAGE: 2 D S A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DN OK MM S H L W O Y L N A O O O R S 0 R EE ENS NM I 00 CORRECTED T R Y S E S D SNND VII.K.2 Resolution to CONFIRM the Legislative ADOPTED,BY 11—0 Agenda to the 2017 General Assembly CONSENT EXCEPT Section 1.1 City Long Term Policy 17 WHICH IS: Positions 1. Post Labor Day Opening for Y Y Y Y Y Y Y Y Y Y Y Schools 3. Moratorium on Uranium Mining Y Y Y Y Y Y Y Y Y Y Y 4. Medicaid Expansion Position y Y Y Y Y N Y Y Y Y Y 5. Increased Funding for Mental Healthcare Y Y Y Y Y N Y Y Y Y Y Section 1.2 City New Initiatives 6. Amend the Virginia Code Section Y Y Y Y Y Y Y Y Y Y Y §42.170 to Increase the Civil Case Filing Fee Assessed in 1988,from$4.00 to$5.00 7. Voting Rights Y Y Y Y Y N Y Y Y Y Y 8. Solution to Coastal Flooding, Y Y Y Y Y Y Y Y Y Y Y Regional Greenhouse Gas Initiative 9. Oyster Leases for Navigation Y Y Y A Y Y Y Y Y Y Y Projects T A N E D 10. Remove Prequalification Y Y Y Y Y Y Y y y y y Requirement for Bond Waiver Program Y Y Y Y Y Y Y y y y y 11. Online Rental Platforms/Airbnb and Others Y Y Y Y Y Y Y y y y y 12. Coastal Primary Sand and Beaches Act:Authorizing Virginia Beach Wetlands Board to Issue Sand Management General Permit Y Y Y y Y N Y y y y y 13. Road Maintenance Funding Formula Revision(Road Diets) Y Y Y y Y Y Y y y y y 14. Menhaden Fishing Regulation Y Y Y y Y N Y y y y y 15. A Governor's Cabinet Level State Resiliency Officer for Recurrent Y } Y Y Y Y Y Y Y Y Y Flooding 16. Animal Cruelty WITHDRAWN,BY Y Y Y y Y Y Y Y Y Y Y 17. GAP Refinancing Repeal CONSENSUS Y Y Y y Y N Y y y Y y 18. Certificate of Public Need VII.K.3 Resolution to APPOINT Elizabeth ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Bradley DeJarnette to the Associate City CONSENT Attorney CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 DATE 10/04/2016 PAGE: 3 D S A AGENDA V A S ITEM# SUBJECT MOTION VOTE E H A E W N El MS U 1 P DNOKMMSHLW O Y L N A O O O R S 0 R E E EN S NM I 00 CORRECTED TR Y S ESDSNND VII.K.4 Ordinances to AUTHORIZE ADOPTED,BY 10—1 Y Y Y Y Y N Y Y Y Y Y ACQUISTION of(ARP)easements CONSENT from My III Sons,LLC at Hungarian Road: a. ISSUANCE of contract obligations maximum of$461,611 b. ISSUANCE of contract obligations maximum of$142,444 c. TRANSFER funds to purchase US Treasury STRIPS VII.K.5 Resolution SUPPORTING increased ADOPTED 1 1—0 Y YY Y Y Y Y Y Y Y Y Crossing capacity across Hampton Roads harbor/ENDORSING Alternative B for(SEIS) VII.K.6 Ordinance to AUTHORIZE an ADOPTED,BY 11—0 Y YY Y Y Y Y Y Y Y Y encroachment into portion of City CONSENT property,known as Lake Joyce at 4429 Blackbeard Road VII.K.7 Ordinances to: a. APPROPRIATE$706,385 re ADOPTED 11—0 Y Y Y Y Y Y Y Y Y Y Y Tourism Advertising for marketing tourism/conventions/amateur sports competition b. TRANSFER$354,851 of the ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Convention/Visitor's Bureau/ AUTHORIZE employees c. ACCEPT/APPROPRIATE$740,195 ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y from the VA.Behavioral Health I CONSENT within Human Services to ESTABLISH a permanent Supportive Housing Program d. APPROPRIATE$140,000 from ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Commonwealth's Attorney's CONSENT Federal State Seized Assets re Case Management/TRANSFER$225,000 within their Budget e. ACCEPT/APPROPRIATE a ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y $12,375 Grant to replace dive CONSENT equipment for Police Marine Patrol f. ACCEPT/APPROPRIATE a ADOPTED,BY 11 -0 Y Y Y Y Y Y Y Y Y Y Y $1,418,582 Grant from FEMA Agency CONSENT for Virginia Task Force 2 VII.L.1 ALDI(N.C.)LLC I THREE FIVE APPROVED,AS 6—2 A Y N A Y N Y A Y Y Y MINISTRIES,INC.,Conditional COZ PROFFERED s a s s s s from R-15 to Conditional B-2 for a T T T grocery store at 929 First Colonial Road A A A DISTRICT 5-LYNNHAVEN t t t N N N E E E D D D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 DATE 10/04/2016 PAGE: 4 D S A ✓ H S AGENDA E H A E W ITEM 4 SUBJECT MOTION VOTE N E J MSU I P DN OK MM S H L W O Y L N A O O O R S 0 R EE ENS NM I 00 CORRECTED T R Y S E S D SNND VIII.L.2 TELXIUS CABLE USA,INC./CITY APPROVED/ 11-0 Y YY Y Y Y Y Y Y Y Y CUP re Fiber Optics Transmission,at CONDITIONED,BY Corporate Landing Parkway/General CONSENT Booth Boulevard DISTRICT 7— PRINCESS ANNE VII.L.3 THOMAS WILDER/JUAN SUAREZ/ APPROVED/ 11—0 Y YY Y Y Y Y Y Y Y Y ARCH DIXON/JALALADIN CONDITIONED,BY MANSOURZADEH CUP re a Craft CONSENT Brewery at 2505 Horse Pasture Road DISTRICT 3—ROSE HALL VII.M APPOINTMENTS RESCHEDULED 11—0 B YCONS ENS U S AGRICULTURAL ADVISORY COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION CLEAN COMMUNITY COMMISSION Julie Searcy 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed Unexpired plus 3 yr. term ending 3/31/20 HISTORICAL REVIEW BOARD Reappointed 3 yr.term 11-0 Y Y Y Y Y Y Y Y Y Y Y 11/01/16—10/31/19 Debbie Bright Kimberle Rizzo HUMAN RIGHTS COMMISSION Ian Lichacy,Senior 11-0 Y Y Y Y Y Y Y Y Y Y Y Cox High School Appointed 1 yr.term 09/01/16—06/30/17 HISTORIC PRESERVATION Harriet Frenzel 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Appointed 3 yr.term 01/01/17—12/31/20 VII.N/ O/P ADJOURNMENT 9:24 PM PUBLIC COMMENT 8 Speakers 9:25 PM—9:46 PM