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NOVEMBER 1, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GvNA.B C MAYOR WILLIAM D.SESSOMS,JR.,At-Large Jt� Y- ' VICE MAYOR LOUIS R.JONES,Bayside-District 4 4 �� M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I �` 2 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 rs JOHN E.UHIUN,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:Ciycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC 01 November 2016 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:00 PM A. ONLINE HOME SHARING (AIRBNB) Jack Drescher, Chair, Ad Hoc Committee II. CITY MANAGER'S BRIEFING A. NEXT GENERATION NETWORK Darrell Riddick, Chief Techonology Officer, IT B. LIGHT RAIL EXTENSION Brian Solis, Transportation and Transit Planning Manager, SGA C. HURRICANE "MATTHEW" David L. Hansen, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor John Allen Crosscurrent 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 18, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. NATIVE AMERICAN HERITAGE MONTH - Proclamation Lee Lockamy -Nansemond Indian Tribal Council I. PUBLIC HEARING 1. Excess Property 5361 Cleveland Street J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 21-332.1 of the City Code re parking exemptions for Service Disabled Veterans 2. Ordinance to DECLARE 5361 Cleveland Street to be EXCESS and AUTHORIZE the City Manager to execute the necessary documents with SOLUTIONS ENTERPRISES, LLC 3. Resolution to GRANT a sixty (60)-day extension to United States Management, LLC (USM)re a loan commitment for the Arena development 4. Ordinance to CONFIRM a Declaration of a Local Emergency re Hurricane "Matthew" 5. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents for a lease of property from the Commonwealth of Virginia at Camp Pendleton re transoceanic fiber communication cables and ESTABLISH a FY 2018 Capital Improvement Project re in-kind utilities 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as Fleming Circle for Mayfair, Inc. re additional parking spaces DISTRICT 6—BEACH 7. Resolution to CONFIRM the City Attorney's appointment of Tobias L. Eisenlohr as Assistant City Attorney, effective November 7, 2016 8. Ordinances to APPROPRIATE: a. $1.4-Million to the Fire Department from FEMA re Virginia Task Force 2 Urban Search and Rescue Team deployment re Hurricane "Matthew" b. $57,492 from the Social Services Gift Fund re various Human Services programs K. PLANNING 1. THOMAS BROWN for a Variance to Section 4.4 (b) and (d) of the Subdivision Regulations to create two (2) new lots at 843 Muth Lane DISTRICT 2-KEMPSVILLE RECOMMENDATION: APPROVAL 2. 1094 DIAMOND SPRINGS ROAD for a Modification of Conditions to redevelop the site re an Animal Hospital at 1094 Diamond Springs Road DISTRICT 2-KEMPSVILLE RECOMMENDATION: APPROVAL 3. NEW JERUSALEM CHURCH for a Modification of Conditions re parking to improve an existing parking area at 118 Bishop Thoroughgood Avenue DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH RECYCLING, INC. and BENJAMIN ROD and MICHAEL V. RODRIGUEZ for a Conditional Use Permit re solid waste recycling at 2544 and 2552 Aviator Road (West Oceana) DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. ANCIENT ART TATTOO STUDIO IV, LLC and VILLAGE ASSOCIATES, LLLP for a Conditional Use Permit re a tattoo parlor and piercing at 2605 Virginia Beach Boulevard DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. NIMMO CEMETERY ASSOCIATION for a Conditional Use Permit re Columbarium at 2200 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 11/1/16 st MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:00 PM A. ONLINE HOME SHARING (AIRBNB) Jack Drescher, Chair, Ad Hoc Committee II. CITY MANAGER'S BRIEFING A. NEXT GENERATION NETWORK Darrell Riddick, Chief Techonology Officer, IT B. LIGHT RAIL EXTENSION Brian Solis, Transportation and Transit Planning Manager, SGA C. HURRICANE "MATTHEW" David L. Hansen, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor John Allen Crosscurrent 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 18, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. NATIVE AMERICAN HERITAGE MONTH - Proclamation Lee Lockamy -Nansemond Indian Tribal Council PROCLAMATION Native American Heritage Month Nansemond Indian Tribe November 2016 WHEREAS: Native Americans have made use of the natural resources in Virginia and Virginia Beach for over 15,000 years;and WHEREAS: Native Americans prospered in Virginia as hunters and gatherers for thousands of years living in bands and encampments;and WHEREAS: Native Americans developed tribal relationships and settled in hamlets and villages;and WHEREAS: The Chesapeake Indian tribe resided in a village in Virginia Beach at the time of or just prior to the early seventeenth century settlement of the region by England; and WHEREAS: Members of the Nansemond Indian tribe moved eastward settling in areas that included Virginia Beach;and WHEREAS: An Indian reservation in the Pungo area of Virginia Beach was occupied by Nansemond Indians in the late seventeenth century;and WHEREAS: The Commonwealth of Virginia officially recognized the Nansemond Indian tribe in 1985;and WHEREAS: Members of the Nansemond Indian tribe play an essential role in the Virginia Beach community today;and WHEREAS: November was first declared as Native American Heritage Month in the United States of America in 1990;and WHEREAS:November is also commemorated as Native American Heritage Month in the Commonwealth of Virginia; NOW,THEREFORE,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim November 2016 Native American Heritage Month In Virginia Beach,and furthermore call upon the citizens,government agencies,public and private institutions,businesses and schools in Virginia Beach to recognize the contributions of Native Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. I further wish to acknowledge: the contributions of the Nansemond Indian tribe to the vitality of Virginia Beach, both past and present, and the pride we have in their association with our community. In testimony whereof,I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,Virginia,to be affixed this 1st day of November,two thousand sixteen. William D. Sessoms,Jr. Mayor I. PUBLIC HEARING 1. Excess Property 5361 Cleveland Street due 1 [.'to q, yr 4Vry pUBUC HEARING EXCHANGE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and exchange of City-owned property, Tuesday, November 1,2016 at 6:00 p.m., in the Council Chamber of the City Hall Building(Building M1)at the Virginia Beach Municipal Center,Virginia Beach,Virginia. Approximately 14,579 Sq. Ft.or 0.335 Acres+/-of City Property(a portion of GPIN 1467-55-7079) located near 5361 Cleveland Street The purpose of this hearing will be to obtain public input to determine whether the property should be declared "excess of the City's needs"and conveyed to Solutions Enterprises,LLC. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired,call 711(Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building M2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is(757)385-4161. Ruth Hodges Fraser,MMC City Clerk BEACON:OCTOBER 23,2016 J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 21-332.1 of the City Code re parking exemptions for Service Disabled Veterans 2. Ordinance to DECLARE 5361 Cleveland Street to be EXCESS and AUTHORIZE the City Manager to execute the necessary documents with SOLUTIONS ENTERPRISES, LLC 3. Resolution to GRANT a sixty(60)-day extension to United States Management, LLC (USM) re a loan commitment for the Arena development 4. Ordinance to CONFIRM a Declaration of a Local Emergency re Hurricane "Matthew" 5. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents for a lease of property from the Commonwealth of Virginia at Camp Pendleton re transoceanic fiber communication cables and ESTABLISH a FY 2018 Capital Improvement Project re in-kind utilities 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as Fleming Circle for Mayfair, Inc. re additional parking spaces DISTRICT 6—BEACH 7. Resolution to CONFIRM the City Attorney's appointment of Tobias L. Eisenlohr as Assistant City Attorney, effective November 7, 2016 8. Ordinances to APPROPRIATE: a. $1.4-Million to the Fire Department from FEMA re Virginia Task Force 2 Urban Search and Rescue Team deployment re Hurricane "Matthew" b. $57,492 from the Social Services Gift Fund re various Human Services programs it c r:; CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An ,Ordinance to Amend City Code Section 21-322.1 to Add a Paid Parking Exemption for Service-Disabled Veterans MEETING DATE: November 1, 2016 • Background: In 2008, City Council adopted an ordinance to provide a paid parking exemption for veterans to whom the following special Virginia license plates have been issued: Pearl Harbor Survivor, Purple Heart, Bronze Star or Silver Star, Air Medal, Navy Cross, Distinguished Service Cross, Air Force Cross, Distinguished Flying Cross, Medal of Honor, and Prisoner of War. The ordinance provides that a vehicle with such plates in which the veteran is a driver or passenger may be parked, without charge, in a parking space in a City parking facility or a metered parking space. The Code section does not exempt the vehicle from complying with other state laws or ordinances, such as limitations on the types of vehicles that may park in certain reserved parking spaces or time-based restrictions on parking in City parking facilities or metered parking spaces. • Considerations: This ordinance would amend the City Code to include in the exemption vehicles with the Virginia special license plates issued to veterans who have been certified by the U.S. Department of Veterans Affairs to have a service-connected disability. As with the other exemptions, a vehicle would qualify only if the veteran is the driver or a passenger in the vehicle at the time it is parked. As of July 29, 2016, 668 vehicles registered in the City of Virginia Beach have Virginia Service-Disabled Veteran plates. The exemption, however, would not be limited to Virginia Beach residents, so such veterans from other Virginia localities who visit the City would also be eligible for the exemption. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. • Attachments: Ordinance Requested by Mayor Sessoms and Councilmember Moss REQUESTED BY MAYOR SESSOMS AND COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 21-322.1 TO ADD A PAID PARKING EXEMPTION 3 FOR SERVICE-DISABLED VETERANS 4 5 Section Amended: § 21-322.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-322.1 of the Code of the City of Virginia Beach, Virginia, is 11 hereby amended and ordained to read as follows: 12 13 Sec. 21-322.1. - Veterans' paid parking exemption. 14 15 (a) A veteran to whom special license plates issued under Virginia Code Sections 16 46.2-741 (Pearl Harbor Survivor), 46.2-742 (Purple Heart), 46.2-742.1 (Bronze 17 Star or Silver Star), 46.2-742.1:1 (Air Medal), 46.2-742.2 (Navy Cross, 18 Distinguished Service Cross, Air Force Cross, or Distinguished Flying Cross), 19 46.2-745 (Medal of Honor), or 46.2-746 (Prisoner of War), or 46.2-739 (Service- 20 Disabled Veterans) have been issued, or a person transporting such veteran in a 21 motor vehicle displaying special license plates, may park such motor vehicle, 22 without charge, in a parking space in a City parking facility or a metered parking 23 space. 24 25 (b) This section shall not exempt a vehicle displaying special license plates from 26 compliance with any other state law or ordinance, including, but not limited to, 27 limitations on the types of vehicles that may park in certain reserved parking 28 spaces and time-based restrictions on parking in City parking facilities or metered 29 parking spaces. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingra City Attorney's Office CA13792 R-2 October 25, 2016 ��pp. NU "h11r�p�� ry T bZ7jsi:! ♦fel✓; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 14,579 Sq. Ft. or 0.335 Acres +/- of City Property (a portion of GPIN 1467-55-7079) located near 5361 Cleveland Street to be in Excess of the City's Needs and Authorizing the City Manager to Execute all Disposition and Exchange Documents with Solutions Enterprises, LLC MEETING DATE: November 1, 2016 • Background: The City of Virginia Beach (the "City") is making improvements to Clearfield Avenue and Cleveland Street as a part of the Greenwich Road/Cleveland Street Crossover Project, CIP 2-401 (the "Project") in advance of VDOT's project for the new Interstate 264 flyover. Solutions Enterprises, LLC ("Solutions"), is the owner of certain real property and improvements known as 5361 Cleveland Street, Virginia Beach, Virginia and the adjacent vacant lot. As a part of the Project, it is necessary for the City to acquire 5,203 Sq. Ft. (0.119 Acres) for right-of-way; 124 Sq. Ft. (0.003 Acres) for a utility easement; and 31,724 Sq. Ft. (0.728 Acres) for temporary construction easements from Solutions (the "Solutions Property"). Further, as a part of the Project, the City acquired property located on Cleveland Street from The Runnymede Corporation including proposed right-of-way and a residual remnant parcel consisting of 0.335 acres (the "City Remnant"), as shown on the attached Location Map. In an effort to facilitate the Project and Solutions' continued operations, Solutions and the City propose a property exchange (the City Remnant to be exchanged for the Solutions Property). The City will also construct certain parking lot improvements on the City Remnant to compensate Solutions for parking spaces that will be lost due to the new road alignment. • Considerations: This transaction will allow the City to proceed with the Project. It will also allow Solutions to continue its operations and will mitigate adverse parking impacts due to the Project. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to complete the proposed exchange. ■ Attachments: Summary of Terms, Disclosure Statement, Location Map, Ordinance Recommended Actio . A pproval of the Ordinance Submitting D: • • -nt/A• -ncy: Public Works/Real Estate t3C Pit° City Manager: ce- ....,,,,,,,,, -, /7" .'4'.' .., */:-.,.-, „, ,„,".„, , ,,.;,.- '. co e,4>(4* 4' ,, 4 a a a y/ z cn > CD CL i',:-'A; ,' , / * ' ' , - ' • .:.1,. 0 : '- ,..;,:,, . . 4., . 4, ce e , r � ZWo UQ wC7' ' O z >rrJ W W 'tvi O (� CD 0 4 w ",b # QLLI a o-A IIr„< w s ti ,k, * Lij F— .4410,• ,,..1,-, :.,,,,,„•";-;" ,,..I— .,,, r, n 7. /. ,Aft .',,,.., ...\,,, ,-.,t,,,` . 4,-„,-- .„,„. .,.",,,,,,,,,,,,..„,,,›4,4„„4,.,„41.‘ Aik. v . • �, e ' - '''''''''''.. ",,,,*.. .'"-,,,,,..,,, '.' ,4„,,,,, '' ,,,, a / 4 b�� .11 ,441L i .f.' .- „tt .,.,'„-,.,' * * y 4f1a a •'.d „' .;as 4 ,. ' 04 ,A*P4 '''''' a a _a o ..i., ;;; o cz - :. -,..IftlioA,-,,: _ (d. LLA+.„mac' c &WO Co U'+ . CO N x -E.L Q �r N (no wo" N U Eai wW en Ce 0 CO a ai lit 1°1111 ,. ' ' ' , / -: ' -..... %.• ,,,,,./1.' LLJ- d. O Q WQ oQ QLL E &- 0:O.U~V co a.T r ./ --**, \'i tgl ii APPLICANT'S NAME SOLUTIONS ENTERPRISESL 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 tom•----- � 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 a Y 111E 0'40 / ftili c;r,t I i,01 2:; ntu,t h€ Jl:dati d i r;o(?)'.'t'eks priorto any Page 1 of 5 1'1.1nnuio C r:minicsi';a and i'it,C'n nail mernito that it to the a^pIkk1titnir). ❑ APPLICANT NOTIFIED OF NEARING U ❑ NO(HANGE5 AS OF DAT El REVISIONS SUBMIT-ILO DAT_ LJ • Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: ,tiTIDN,� TFRP�ISES� If an LLC, list all member's names: RONALD COLEMAN HUGHES III and DENNIS L. SCHLISKE 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) VIRGINIA INTEGRATED COMMUNICATION, INC. See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from 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: SOLUTIONS ENTERPRISES,, LLC If an LLC, list the member's names:_laNAL.D SagatM HUM��I $nd DENNIS j;= SCHLISKE Page 2 of 5 VOA MIF 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) VIRGINIA INTEGRATED COMMUNICATION, INC. 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 S 1�" Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Mulkey & Co., PC your tax return Mike Mulkey EC ❑ Architect/ Landscape Architect/ CITY PROVIDED Land Planner Contract Purchaser(if other than ❑ ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ x purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X❑ ❑ Construction Contractors CITY PROVIDED ® ❑ Engineers/Surveyors/Agents CITY PROVIDED Financing (include current TOWNE BANK mortgage holders and lenders ❑ selected or being considered to BRANCH BANKING & TRUST CO. provide financing for acquisition or construction of the property) • El Legal Services INMAN & STRICKLER, PLC ROBERT V. TIMMS, JR. , ESQ. _ 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 4 of 5 � >s 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. �o hr+•• / ,5�.,�,�„ ..L•_ DENNIS L. SCHLISRE /° -///t) APPLICANT'S SIGNATURE PRINT NAME D TE " RONALD COLEMAN HUGHES III l0/2/01 PROPERTY OWNER'S SIG RE PRINT NAME I DATE Page 5 of 5 1 AN ORDINANCE DECLARING 14,579 SQ. FT. OR 2 0.335 ACRES +/- OF CITY PROPERTY (A PORTION 3 OF GPIN 1467-55-7079) LOCATED NEAR 5361 4 CLEVELAND STREET TO BE IN EXCESS OF THE 5 CITY'S NEEDS AND AUTHORIZING THE CITY 6 MANAGER TO EXECUTE ALL DISPOSITION AND 7 EXCHANGE DOCUMENTS WITH SOLUTIONS 8 ENTERPRISES, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") is making improvements to 11 Clearfield Avenue and Cleveland Street as a part of the Greenwich Road/Cleveland 12 Street Crossover Project (CIP 2-401) (the "Project"), in advance of VDOT's project for 13 the new Interstate 264 flyover; 14 15 WHEREAS, Solutions Enterprises, LLC, owns the property located at 5361 16 Cleveland Street and the adjacent lot, upon which Virginia Integrated Communications 17 ("ViCom") operates, and which will be impacted by the Project; 18 19 WHEREAS, it is necessary for the City to acquire 5,203 Sq. Ft. (0.119 Acres) for 20 right-of-way; 124 Sq. Ft. (0.003 Acres) for a utility easement; and 31,724 Sq. Ft. (0.728 21 Acres) for temporary construction easements from Solutions (collectively, the "Solutions 22 Property"); 23 24 WHEREAS, in an effort to move the Project forward, Solutions and the City 25 propose a transaction that includes the exchange of real property and various 26 improvements upon the City property which will all be set forth in a written agreement 27 (the "Exchange Agreement"); 28 29 WHEREAS, the City is the owner of a certain parcel of land comprising 14,579 30 Sq. Ft. (0.335 Acres) located near Cleveland Street and more particularly described on 31 Exhibit A attached hereto and made a part of this Ordinance (the "City Remnant"), 32 which is residual area from property acquired for the Project and is not needed for 33 public purposes; and 34 35 WHEREAS, the City Council finds that it is in the best interests of the City to 1) 36 declare the City Remnant in excess of the City's needs and exchange the City Remnant 37 for the Solutions Property; and 2) take other action in accordance with the Summary of 38 Terms, attached hereto as Exhibit B and incorporated herein. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 That the 14,579 Sq. Ft. (0.335 Acre) City Remnant is hereby declared to be in 44 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 45 authorized to execute the Exchange Agreement and any other documents needed to 46 convey the City Remnant to Solutions Enterprises, LLC and acquire the Solutions 47 Property, provided such documents are in substantial conformity with the terms set forth 48 in the Summary of Terms attached as Exhibit B, and such other terms, conditions or 49 modifications deemed necessary and sufficient by the City Manager and in a form 50 deemed satisfactory by the City Attorney. 51 This Ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2016. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY &i1Ii ,i, ed(4Atil)f?etya4/d Public orks/Real Estate City Attorney's Office CA13835 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d022\p023\00322264.doc R-1 October 20, 2016 EXHIBIT "A" Property to be exchanged between CITY from SOLUTIONS ENTERPRISES, LLC: 1. "Solutions Property" — Property to be Conveyed to CITY from SOLUTIONS ENTERPRISES, LLC a. Portion of Lot 38; GPIN: 1467-55-8065: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE CONVEYED FOR RIGHT-OF-WAY PURPOSES AREA = 1,570 SQ. FT. OR 0.036 ACRES," as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016 and revised through August 23, 2016, prepared by Precision Measurements, Inc., to which reference is made for a more particular description. TOGETHER WITH the right and temporary easement to use the additional areas designated and described as "TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED AREA = 13,124 SQ. FT. OR 0.0301 ACRES," as shown on the aforesaid plat for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the Grantee accepts the work as being completed. b. Portion of Lot 37; GPIN 1467-55-9071: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE CONVEYED FOR RIGHT-OF-WAY PURPOSES AREA =3,633 SQ. FT. OR 0.083 ACRES," as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016 and revised through August 23, 2016, prepared by Precision Measurements, Inc., to which reference is made for a more particular description. TOGETHER WITH the right and temporary easement to use the additional areas designated and described as "TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED AREA = 18,600 SQ. FT. OR 0.0427 ACRES," as shown on the aforesaid plat for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the Grantee accepts the work as being completed. c. Permanent Utility Easement (Located on a portion of Lot 37): ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PUBLIC UTILITY EASEMENT TO BE CONVEYED AREA = 124 SQ. FT. OR 0.003 ACRES," as shown on the aforementioned plat in #a above. 2. "CITY Remnant" - Property to be conveyed to SOLUTIONS ENTERPRISES, LLC from CITY: Portion of GPIN 1467-55-7079: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE CONVEYED TO SOLUTIONS ENTERPRISES, L.L.C. FROM THE CITY OF VIRGINIA BEACH AREA = 14,579 SQ. FT. OR 0.335 ACRES," as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016 and revised through August 23, 2016, prepared by Precision Measurements, Inc., to which reference is made for a more particular description. RESERVING UNTO THE CITY that certain drainage easement designated and described as "PUBLIC DRAINAGE EASEMENT TO BE RETAINED AREA =1,890 SQ. FT. OR 0.043 ACRES" as shown on the aforementioned plat. City acknowledges that the aforementioned public drainage easement will be located over a parking lot, and Solutions shall have the right to make full use of the area upon which the Public Drainage Easement exists, so long as such use does interfere with the City's right to operate and maintain the Public Drainage Easement. AND FURTHER RESERVING UNTO THE CITY a temporary construction easement over the entire parcel as described above and shown on the aforesaid plat as "PROPERTY TO BE CONVEYED TO SOLUTIONS ENTERPRISES, L.L.C. FROM THE CITY OF VIRGINIA BEACH AREA = 14,579 SQ. FT. OR 0.335 ACRES,", for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the City accepts the work as being completed. EXHIBIT B SUMMARY OF TERMS PARTIES: City of Virginia Beach ("City") Solutions Enterprises, LLC, a Virginia limited liability company ("Solutions") CITY PROPERTY TO BE EXCHANGED: 14,579 Sq. Ft. (0.335 Acre) of City property ("City Remnant"), portion of GPIN: 1467-55-7079, located near 5361 Cleveland Street SOLUTIONS PROPERTY TO BE ACQUIRED BY CITY FOR ROAD PROJECT: 5,203 Sq. Ft. (0.119 Acres) for right-of-way, 124 Sq. Ft. (0.003 Acres) for a utility easement, and 31,724 Sq. Ft. (0.728 Acres) for temporary construction easements from properties owned by Solutions, portion of GPINs: 1467-55- 8065 and 1467-55-9071, (collectively, the "Solutions Property") CONDITIONS OF SALE • The City and Solutions will each bear their own closing costs. • At closing Solutions will transfer the Solutions Property to the City, free and clear of all liens and encumbrances, and the City will transfer the City Remnant to Solutions, reserving to the City all necessary easements for the Project and for drainage. • City will make improvements to the City Remnant for Solutions to use as a parking lot (the "Parking Lot Improvements") to mitigate Solutions' loss of parking due to the Project. • Solutions will accept the City Remnant and Parking Lot Improvements as total just compensation for the Solutions Property and damages to the residue, if any. I P I' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Granting a Sixty Day Extension to Obtain a Loan Commitment for the Arena MEETING DATE: November 1, 2016 ■ Background: The development of an entertainment and sports arena in the resort area of the City has been a long term goal of the City Council. On May 27, 2014, City Council adopted a resolution directing staff to proceed with negotiations with United States Management, LLC, and its affiliates ("USM") to attempt to develop an acceptable term sheet for the construction and operation of a privately funded arena (the "Arena"). City staff and representatives of USM worked to develop a non-binding term sheet for the construction and operation of the Arena on City-owned property adjacent to the Virginia Beach Convention Center (the "Arena Term Sheet"). On December 9, 2014, by Resolution RES-03707, City Council adopted a Resolution approving the Arena Term Sheet and authorizing the development of definitive project documents (the "Project Documents"). On December 8, 2015, by Resolution RES-03760 (the "Approval Resolution"), City Council adopted a Resolution approving (i) the execution of the Project Documents and (ii) authorizing the transfer (the "Transfer") of approximately 5.8 acres of land (the "Project Land") to the City of Virginia Beach Development Authority (the "Authority") on the terms set forth in the Project Documents. As contemplated by the Approval Resolution, the parties executed a development agreement (the "Development Agreement") on December 11, 2015. The Development Agreement required that USM obtain a loan to finance its obligations for the development of the Arena in the principal amount of approximately $170M and that USM would also contribute $40M in equity to the completion of the Arena. The Development Agreement contains a deadline for USM to obtain a loan commitment for the financing of the Arena (the "Loan Commitment Deadline"). The original Loan Commitment Deadline was September 9, 2016. In June of 2016, USM approached the City with a new plan of finance. This new plan involved the issuance of approximately $240M in taxable bonds to finance the entire cost of construction of the Arena with USM contributing limited equity (the "Bond Structure"). On July 12, 2016, by Resolution RES-03799, City Council adopted a resolution endorsing the Bond Structure, on certain conditions, and extending the Loan Commitment Deadline to November 8, 2016 (the "Endorsement Resolution"). On October 4, 2016, City Council declined to adopt a resolution approving the Bond Structure and transferring the land. Since that date, USM has continued working on variations of the Bond Structure and pursuing other avenues of financing. Anticipating it will not comply with the deadline, USM has requested that the City extend the Loan Commitment Deadline by 60 days to January 7, 2017. ■ Considerations: USM has represented to the City that it is pursuing financing on terms and conditions that could be acceptable to City Council. Given the complexity of the project, a further 60-day extension is a reasonable amount of time to give USM an opportunity to satisfy its obligations under the Development Agreement. ■ Information: Advertisement of City Council Agenda. • Alternatives: Approve the Resolution as presented, approve with modifications, or do not approve the Resolution. ■ Attachments: Resolution, Disclosure Statement Recommended Action: Approval Submitting De, .rt' - + A •ency: City Manager Not; City Manager: ll h+N\ 1 RESOLUTION GRANTING A SIXTY 2 DAY EXTENSION TO OBTAIN A LOAN 3 COMMITMENT FOR THE ARENA 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 6 and City staff have engaged in extensive negotiations with representatives of United 7 States Management, LLC, and its affiliates (collectively "USM"), regarding the 8 development of an arena on City-owned property adjacent to the Virginia Beach 9 Convention Center (the "Arena"); 10 11 WHEREAS, City staff and representatives of USM developed a non-binding term 12 sheet for the construction and operation of the Arena (the "Arena Term Sheet"). 13 14 WHEREAS, on December 9, 2014, by Resolution RES-03707, the City Council of 15 the City of Virginia Beach (the "City Council") approved the Arena Term Sheet dated 16 November 25, 2014 and authorized the development of definitive project documents 17 (the "Project Documents"); 18 19 WHEREAS, the Arena Term Sheet reflected the understanding of the City 20 Council and USM of the terms and conditions for the development of the Arena and 21 served as a basis for the definitive, binding documents between the parties; 22 23 WHEREAS, on December 8, 2015, by Resolution RES-03760 (the "Approval 24 Resolution"), City Council adopted a Resolution approving (i) the execution of the 25 Project Documents, and (ii) authorizing the transfer of approximately 5.8 acres of land 26 (the "Project Land") to the City of Virginia Beach Development Authority (the "Authority") 27 on the terms set forth in the Project Documents. 28 29 WHEREAS, the parties executed a Development Agreement dated December 30 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits 31 (the "Development Agreement"); 32 33 WHEREAS, the Project Documents contemplated that USM would obtain a loan 34 to finance its obligations for the development of the Arena from a foreign lender in the 35 principal amount of approximately $170M, and that USM would also contribute $40M in 36 equity to the completion of the Arena (the "Financing"). 37 38 WHEREAS, the Development Agreement contains a deadline for USM to deliver 39 to the City a loan commitment letter from an institutional investor to finance the Arena 40 ("Loan Commitment Deadline"); 41 42 WHEREAS, if the Loan Commitment Deadline is not met by USM, the City would 43 have the right to terminate the Development Agreement by giving written notice to USM; 44 45 WHEREAS, the original Loan Commitment Deadline as set forth in the 46 Development Agreement was September 9, 2016, subject to two 30-day extensions; 47 WHEREAS, on July 12, 2016 City Council adopted RES-03799 which endorsed 48 a proposed change to the financing structure proposed by USM and also extended the 49 Loan Commitment Deadline to November 8, 2016 (the "Endorsement Resolution"); 50 51 WHEREAS, USM has continued to work to satisfy the Loan Commitment 52 requirement, but has indicated it will not meet the November 8, 2016 Loan Commitment 53 Deadline; 54 55 WHEREAS, USM has requested that the City extend the Loan Commitment 56 Deadline until January 7, 2017; 57 58 WHEREAS, (i) the deadline for closing on the Financing (the "Loan Closing") 59 remains eight months after delivery of the Loan Commitment, and (ii) the deadline for 60 commencing construction on the Arena remains ten months after Loan Closing, and (iii) 61 the deadline for completing the Arena remains October 1, 2019; with all such deadlines 62 subject to extension as provided for in the Development Agreement; and 63 64 WHEREAS, City Council is of the opinion that allowing USM additional time to 65 provide the Loan Commitment contemplated in the Development Agreement is in the 66 public interest. 67 68 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 69 OF VIRGINIA BEACH, VIRGINIA: 70 71 1. The Loan Commitment Deadline is hereby extended to January 7, 2017. 72 73 2. The City Manager is hereby authorized to execute such documents as are 74 necessary to document this extension, and such other terms, conditions or 75 modifications as may be acceptable to the City Manager and in a form deemed 76 satisfactory by the City Attorney. 77 78 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 79 of , 2016. dik • ► AS TO CONTENT: APPROVED A • SUFFICIE • PIFIL A allrii" .....00.!.;-411111V ity tanager City Attorney —_ CA13846 vbgov.com\DFS1 Applications\CityLawProd`cycom32Wpdocs,D025\P021\00329166.docx R-1 October 25, 2016 Ci'y 1 Virginia Beach APPLICANT'S NAME United States Management, 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 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 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: c\IB, of Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. MCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: United States Management, LLC If an LLC, list all member's names: See Attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) USM is a member of The ESG Companies family of companies and has no other subsidiary relationships. See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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:City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Q�y of Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 nay or APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of See Attached. your tax return X Architect/ Landscape Architect/ See Attached. Land Planner Contract Purchaser (if other than nthe 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) ISI Construction Contractors See Attached. an Engineers /Surveyors/Agents See Attached. Financing (include current See Attached. X n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services See Attached. Real Estate Brokers / None. Agents/Realtors for current and I/ \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 X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 XB 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 meeti •r meeting • •ny public body or committee in connection with this App cation. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Wolvof OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return riArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors nEngineers / Surveyors/Agents Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 { \Bow, 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 PRINT NAME DATE Page 7 of 7 I lilOysits United States Management September 26, 2016 Attachments United States Management, LLC(USM) Virginia Beach Arena Disclosure Statement Form 1. Applicant Disclosure A. USM Manager, LLC(100%) Key USM Officers: a. Edward S. Garcia, Chairman* b. Andrea M. Kilmer, President and CEO c. Michael F.Gelardi,Vice President d. Joseph E. Gelardi,Vice President e. Joshua D. Kellam,Vice President f. Valerie L.Wilkinson, CFO g. Brittany M.Jeffries,Assistant Secretary and Treasurer\ *Denotes controlling member 2. Services Disclosure The Virginia Beach Arena Project Team composition is listed below. An individual contract has been finalized with S.B. Ballard Construction Company.This list is by no means comprehensive,as USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of City of Virginia Beach goals and any such contracts may not be negotiated until modifications to the final development agreement have been approved. A. Accounting Firm: E. Attorney/Legal Services Wall, Einhorn &Chernitzer, P.C. Greenberg Traurig, LLP Wilks,Alper& Harwood, P.C. B. Architect& Engineers: McGuire Woods Clark Nexsen Kaufman &Canoles AECOM C. Construction Firm: S.B. Ballard Construction Company D. Source of Financing: B.C.Ziegler, Investment Bank Page 1 of 1 United States Management, LLC• 3333-24 Virginia Beach Blvd. • Virginia Beach,Virginia 23452 r ..' 1j 1�S aJ �v 9l •Lt CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Confirming the Declaration of a Local Emergency MEETING DATE: November 1, 2016 • Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On October 9, 2016, effective at 12:01 a.m., the City Manager issued a declaration of local emergency in response to the damage caused by Hurricane Matthew. The City Manager's declaration authorizes City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of Hurricane Matthew. Citizens continue to struggle with the devastating aftermath of the event, and the City continues to take actions to address the emergency. ■ Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency. That Code section also provides that City Council shall take appropriate action to end the declared emergency once all necessary emergency actions have been taken. Because additional City actions are necessary, this ordinance confirms the declaration of emergency but provides that City Council at a subsequent meeting will adopt an ordinance to end the declared emergency once the City Council has concluded that all necessary emergency actions have been taken. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Attachments: Ordinance and Declaration of Local Emergency Recommend. . 411 • -i- � Approval CityManager. 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; 13 14 WHEREAS, in response to the severe damage caused by Hurricane Matthew, 15 the City Manager, as the Director of Emergency Management, issued a Declaration of 16 Local Emergency on October 9, 2016, effective at 12:01a.m.; and 17 18 WHEREAS, citizens continue to struggle with the devastating aftermath of the 19 event, and the City continues to take actions to address the emergency. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 1. That, pursuant to Virginia Code § 44-146.21, the City Council hereby 25 confirms the Declaration of Local Emergency issued by the City Manager on October 9, 26 2016, a copy of which is attached hereto and incorporated by reference; and 27 28 2. That the City Council will adopt an additional ordinance during a future 29 meeting to the end the declared emergency once the City Council has concluded that all 30 necessary emergency actions have been taken. Adopted by the Council of the City of Virginia Beach on the day of , 2016. APP' e D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LB Ji Oh; David L. wrnsen DeJarnette f City Manager's Office City Attorney's Office CA13663 R-2 October 24, 2016 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of hurricane generated winds and rain forecasted to cause coastal flooding and the very real possibility of tornadoes and power outages, along with the loss or interruption of vital City services posed by Hurricane Matthew to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning October 9, 2016 at 12:01 a.m.. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State a local laws, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. i C t. ., t 14 sm David L. Hansen, City Manager & Director of Emergency Management -2c,/t, (Date) [ r yyi f,,,&,. ` t J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to (1) Authorize the City Manager to enter into a Lease with the Commonwealth of Virginia for a Portion of Property on Camp Pendleton to Land Submarine Cables and Extend Telecommunications Cables to the City Right-of-Way, and (2) Direct Inclusion of a Capital Project for Consideration in the FY 2018 Budget Process MEETING DATE: November 1, 2016 • Background: The City's Departments of Economic Development and Information Technology have been working together to bring transoceanic fiber communication cables to Virginia Beach. The City currently has the opportunity to host the highest capacity subsea cable ever to cross the Atlantic Ocean (the "Transatlantic Fiber Initiative"). A vital part of the Transatlantic Fiber Initiative is for the City to obtain the rights needed for subsea cables to land at State Military Reservation-Camp Pendleton ("Pendleton") and extend through Pendleton to the City right-of-way. Pendleton is owned by the Department of Military Affairs, Commonwealth of Virginia (the "Commonwealth"). Private companies currently committed to the Transatlantic Fiber Initiative include Microsoft, Facebook and Telefonica (the "Companies"). Partnering with the Companies to host this technology is a key component in diversifying the economy and bringing high technology jobs to the region. In addition, relocation of businesses and continued growth in these high technology initiatives will bring countless other benefits to the Commonwealth in the areas of real estate, education, healthcare and biomedical sciences. City staff has negotiated a master lease agreement with the Commonwealth (the "Lease") that will allow the City to sublease the portions of Pendleton needed by the Companies (the "Subleases") to land the subsea cables and further run the conduit through Pendleton to the City right-of-way. • Considerations: City staff and the Commonwealth have reached an agreement, subject to Council approval, to lease the property for 40 years in exchange for in- kind consideration of the installation of water and sewer improvements ("Utilities") on Pendleton, estimated to cost $1.3M. Revenue received from the Subleases will be used to recoup the actual cost of the Utilities expended by the City. Once recouped, City will pay 75% of all Sublease payments to the Commonwealth. • Public Information: Advertisement of City Council Agenda • Recommendations: Authorize the City Manager to execute the Lease, and direct inclusion of a Capital Project for consideration in the FY '18 budget process • Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval of the ordinance ( Itk6111 Submitting Department/Agency: Information Technology City Manager: „. ::,,, ...-- _.... , ..— -- -' m �-' Q u1 V1 K F- w 0 `i 2 vi 2 0 4:c a. a W .1 1 `Y Z ci /A' Lial t ”' J � e r , :' ?yam. 4.(r4Y „/; .S✓ ,7^....r 4 �l �3F . . i .... K w,„,r,,,,,, 1 c v /sow..._ , +� V r C .-' C. / 1 re • .. `4 ,4y ,,......µ. . 1 AN ORDINANCE TO (1) AUTHORIZE THE CITY 2 MANAGER TO ENTER INTO A LEASE WITH THE 3 COMMONWEALTH OF VIRGINIA FOR A 4 PORTION OF PROPERTY ON CAMP 5 PENDLETON TO LAND SUBMARINE CABLES 6 AND EXTEND TELECOMMUNICATIONS CABLES 7 TO THE CITY RIGHT-OF-WAY, AND (2) DIRECT 8 INCLUSION OF A CAPITAL PROJECT FOR 9 CONSIDERATION IN THE FY 2018 BUDGET 10 PROCESS 11 12 WHEREAS, the City of Virginia Beach Departments of Economic Development 13 and Information Technology (the "City") have been working together to bring 14 transoceanic fiber communication cables to Virginia Beach (the "Transatlantic Fiber 15 Initiative"). The first step of the Transatlantic Fiber Initiative includes landing the highest 16 capacity subsea cable ever to cross the Atlantic Ocean at Croatan Beach, located on 17 State Military Reservation - Camp Pendleton ("Pendleton"); 18 19 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") has agreed to 20 execute a lease with the City (the "Lease") for the portion of Pendleton needed for the 21 cable landings and telecommunications pathway (the "Property") in exchange for the 22 City's construction of water and sewer improvements on Pendleton (the "Utilities"), 23 estimated by City staff to cost approximately $1,300,000; and 24 25 WHEREAS, the City intends to recoup the cost of the Utilities by entering into 26 subleases with third parties who will provide access to companies such as Microsoft, 27 Facebook and Telefonica, leading to the ultimate location of data centers and 28 technology-related companies in Virginia Beach in furtherance of the City's economic 29 development. 30 31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 32 VIRGINIA: 33 34 1. That the City Manager or his designee is authorized to execute all 35 documents that may be necessary or appropriate in connection with the Lease, so long 36 as such documents are in accordance with the Summary of Terms attached hereto as 37 Exhibit A and made a part hereof and containing such other terms and conditions 38 deemed necessary and sufficient by the City Manager and in a form deemed 39 satisfactory by the City Attorney. 40 41 2. To allow City Council consideration of constructing such Utilities as part of 42 the FY 2018 budget process, City staff is directed to include a capital project in the FY 43 2018 Capital Improvement Program to provide the Utilities as in-kind consideration of 44 the Lease. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2016. CA13845 R-1 PREPARED: 10/26/16 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d021\p022\00328554.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Xi," i 14-6-4 2}7)IA-e-ei (:(-) INFORMATION TECH la LOGY CITY ATTORNEY �J APPROVED AS TO CONTENT APPROVED AS TO CONTENT DalAQ K- BUDGET & MANAGEMENT PUBLIC UTILITIES SERVICES EXHIBIT A SUMMARY OF TERMS LESSOR: Department of Military Affairs — Commonwealth of Virginia LESSEE: City of Virginia Beach PROPERTY: A portion of State Military Reservation — Camp Pendleton ("Pendleton") as needed for landing of subsea cables and laying conduit to connect to the City right-of-way. The portion includes the Croatan Beach and Parking Lot, and a Telecommunications Pathway through Pendleton, as shown on the Location Map. CONSIDERATION: a) One-time, up-front, in-kind payment of installation of water and sewer ("Utilities") on Pendleton, estimated to cost $1.3M b) The City will sublease portions of Pendleton to third parties (the "Subleases") to land the subsea cables and further run the conduit through Pendleton to the City right-of- way. Revenue received from the Subleases will be used to recoup the actual cost of the Utilities expended by the City. After the actual cost of Utilities is recouped by City, then City will pay to Commonwealth 75% of all income received from the Subleases for use of the Property. LEASE TERM: Forty (40) years ADDITIONAL TERMS: • City will prepare and keep records of all income received from use of the Property, and will submit report to Lessor annually. • Lessor will accept ownership of the Utilities upon completion, and will be responsible for all charges for utility services and all repair and maintenance. • All subleases will require prior written consent of the Lessor, which consent shall not be unreasonably withheld. • All construction shall be coordinated through the SMR-CP Commander, and whenever practical shall be limited to the months of October through March. • All financial obligations are subject to appropriation. _ . ,-4111:20,-,, . . / . •, 7/ . • u) :65 ;2, (... w . . ... D " RI i% ,--1-• 0 . . • . -1 Zzircet? '-'"'''''''''''''''''''''''"--,...// i„,, ,.• , 0 Lij 0 Tz r•-• 0 at'' CO , . , . / / —1 0 fl '-'''. '''• . , . i . 0 . . ...,_ , Z ..:3 •-, . . /j/ / •• ••••M..1 “4e, W E ..--... . , co & / /, 2 ,n / L./ N. C vt . TS . CU n3 . . r FL '<7 2 ....—...—\ i 1i .......„ 1 D 0 4. F ----- ; to-i, i 1 ? , ) v • ____ ____ i „..._ __ ,L, .t• N BIRDNECK RD g 04 .1.75 ,r iS .... . ------ - - — , ....._ ....._ ........._ _...._ __ — cr, r•:, ,-, .... ft:4 21 f,... , 01 ' C.) J '7 [ r K:: : �I; ,r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Right-of-Way Known as Fleming Drive Located Adjacent to 1003 Fleming Circle MEETING DATE: November 1, 2016 • Background: Mayfair Inc., a Virginia corporation (the "Applicant") has requested permission to construct and maintain 4 parking spaces (2 handicap and 2 regular) (the "Encroachment") within the City right-of-way known as Fleming Drive adjacent to its property located at 1003 Fleming Circle. The Encroachment would extend approximately 11 feet into the City right-of-way for a distance of 45 feet (345 square feet). Fleming Drive, located off of Birdneck Road, was the access road to 2 separate parcels developed as the Mayfair Mews apartments. For decades, the road had 18 encroaching parking spaces within the City's right-of-way. The Applicant assembled the parcels, is redeveloping the site at a substantially lower density and has reduced the encroaching parking spaces to 4. • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the Encroachment as presented, deny the Encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat (Exhibit A), Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting De= • m- m Agency: Public Works/Real Estate do (�� i City Manager. kbIDR-l � 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF THE 5 RIGHT-OF-WAY KNOWN AS FLEMING DRIVE 6 LOCATED ADJACENT TO 1003 FLEMING CIRCLE 7 8 WHEREAS, Mayfair Inc., a Virginia corporation ("Mayfair") desires to 9 construct and maintain 4 parking spaces(2 handicap and 2 regular)(the"Encroachment") 10 in the City's right-of-way known as Fleming Drive, located off of Birdneck Road. The 11 Encroachment would extend approximately 11 feet for a distance of 45 feet(345 square 12 feet) adjacent to 1003 Fleming Circle; and 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 right-of-way 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, Mayfair and its assigns and 23 successors in title are authorized to construct and maintain a temporary encroachment for 24 4 parking spaces(2 handicap and 2 regular)extending approximately 11 feet in the City's 25 right-of-way known as Fleming Drive for a distance of 45 feet(347 square feet), as shown 26 on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR MAYFAIR, INC", a 27 copy of which is attached hereto as Exhibit A and is on file in the Department of Public 28 Works and to which reference is made for a more particular description; 29 30 BE IT FURTHER ORDAINED that the Encroachment is expressly subject to 31 those terms, conditions and criteria contained in the Agreement between the City of 32 Virginia Beach and Mayfair (the "Agreement"), an unexecuted copy of which has been 33 presented to the Council in its agenda, and will be recorded among the records of the 34 Clerk's Office of the Circuit Court of the City of Virginia Beach; 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 Mayfair and the City Manager or his authorized designee execute the 41 Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2016. 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF- NCY AND FORM: (1067 5.0 PUBLI ti WORKS REAL ESTATE ►. = TORNEY CA13628 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\DOI 8\P022\00327637.doc R-1 October 18, 2016 2 N. BIRDNECK ROAD (90' IR/W) (DB 1652, PG 31-33) (S.H.P.B. 5, PG 73) r — = - = -- --------. .-- .. 7(L, 1 —(D0 1652, PG 31) i' Ir POWER FPSEMENT CURB & GUTTER �'I �IZ II � 4' SIDEWALK tJ 11. voor" ommis W !II'? I oNT� D mTt.:) m cZo ,!,°:,6g o0-,,,,10\pp m� l�iP o '-: I th 111 m 11 - II 1 _ I PROPOSED ENCROACHMENT AREA I J lit \I 347 SF 1 •nimmill•IP.mmillil •'. FLEMING CIRCLE vilin n, , Iliwu' -Y2 ��W n ,\� � � � � � rsr,r� lV .� sri� 11 (11 1%,..._ z SITE DATA V 0 NAD83 INST#: 20151230001241860 GPIN#: 2417-69-4150-0000 01,TH OF D� 4 p ;'M�% JEFF Y P. HUENTELMAN 9 No. 038321 0 _ — 40 801 0 �rC.6�jON5/I6 �\ ANAL SCALE: 1"=40' LAND PLANNING SOLUTIONS EXHIBIT A PROJECT NO. COV003 1403 Greenbrier Pkwy.STE.205 ENCROACHMENT DATE 50CT16 ;:,, Chesapeake,VA.23320 REQUEST DR. RLR 0 757.935.9014 F 757.935.9015 SHT. / 1 of 1 www.landplanningsolutions.com FOR MAYFAIR, INC 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 19th day of October, 2016, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MAYFAIR INC., a Virginia corporation, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot A"; as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY OF MAYFAIR, INC. (INSTRUMENT NUMBER 20151230001241860) AND LOTS 1-3 SUBDIVISION OF "THE SANDS AT BIRDNECK" (INSTRUMENT NUMBER 20151006000978930) VIRGINIA BEACH, VIRGINIA", dated February 12, 2016, and revised through July 17, 2016, prepared by Alphatec Surveyors Ltd., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20160822000745880, and being further designated, known, and described as 1003 Fleming Circle, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain 4 parking spaces, (2 handicap and 2 regular), extending approximately 11 feet into the City's right-of-way for a distance of 45 feet, containing 345 square feet (the "Temporary Encroachment"), in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) GPIN: 2417-69-4172; (1003 Fleming Circle) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's right-of-way known as Fleming Drive, adjacent to 1003 Fleming Circle (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR MAYFAIR, INC" 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 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way Permit, the Grantee must post a bond or other security, in the amount of 3 two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured/loss payee. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth 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 City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said Mayfair Inc., a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Patrick Gill, its President. 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: 6 MAYFAIR INC, a Virginia corporation i By:TOP c (SEAL) Patrick Gill, President COMMONWEALTH OF VIRGINIA CITY/COUNTY-OF Aim a ra L- 1 , to-wit: 1 /1 �J_ The foregoing instrument was acknowledged before - ': 19±4a4Lof V GPf ,__2016, by Patrick Gill, as President of M. , a' In ., a Virginia Corporation. / di / (SEAL) N!`'' 'on:'C My Commission Expires: 7/.?/1/7_ My Registration Number: JOANNE C. GARRETT I 4 Notary Public M Commonwealth of Virginia 202648 My Commission Expires Aug 31,2017 0 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFF IENCY AND FORM /l13 eir �u� tel. Vii.. /Jr" BLIC ' OR'S / REAL ESTATE Y A O'NEY 7 N. BIRDNECK ROAD (90' R/W) (DB(S.H PSB .t 31-33)PG 5, PG73) _ --' —= — �rT CONG _ L_ I. 0 (O6 1652, PG 31) `'' POWER EASEMEN — CURB & GUTTER 4401 Ilz 111111111 - 1 4 SIDEWALK III IIII*ft\ ' sms l oNpA KD T '>Z o ill m_ � T3 m n x.),- , o-n >m �mzom )I Z om�p mNN rnm �� ,s , iS -c,• II 7. I II II PROPOSED ENCROACHMENT AREA I I 347 SF FLEMING CIRCLE � aaa kil 1111101.11111111111111N o `,U. �raa ...\ 01 041, SITE DATA V 7.1- NAD83 INST#: 20151230001241860 GPIN#: 2417-69-4150-0000 .0,I,TH OF p t t4„ per, JEFF Y P. HUEN LMAN ;•- '-':,,): "b No. 038321 �9s2 Io/5/Ib =-_m=�=�o �`rSIpNAL (5 SCALE: 1"=40' LAND PLANNING SOLUTIONS EXHIBIT A PROJECT NO. COV003 1403 Greenbrier Pkwy.STE.205 ENCROACHMENT DATE soul 6 Chesapeake,VA.23320 REQUEST DR. RLR w 757.935.9014 F 757.935.9015 FOR MAYFAIR, INC sHT. 1 of 1 ww.landplanningsolutions.com IS't iillri 14, 'I, APPLICANT'S NAME Mayfair, Inc., a Virginia corporation DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request 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/All disclosures must be updated two(2)weeks prior to any Planning Commission and Cit; __Dune,t meeting that pertains LO .he arinication(s). • APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATE IO-20--20I b 93 O REVISIONS SUBMITTED DATE 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: Mayfair, Inc., a Virginia corp. 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) Patrick Gill, President; Joe Covington, Director; Graham Covington, Director (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return X I ' Architect/ Landscape Architect/ Land Planning Solutions Land Planner Contract Purchaser (if other than NVR, Inc. nthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑X Construction Contractors nEngineers / Surveyors/Agents Land Planning Solutions Financing (include current Monarch Bank(TowneBank by ri mortgage holders and lenders merger) selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes, Bourdon,Ahern & Levy, P.C. Real Estate Brokers / n n 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 ❑ X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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. Mayfair, Inc. cTOWC16 pi Mu Patrick Gill, President to l i Vi APPLICANT'S SIGNATURE PRINT NAME DATE ;fir / , .(A- , 1 rE sus•"- '� 2 icy« -,, > L'.3.,,,,,....::,./0. CITY OF VIRGINIA BEACH L. AGENDA ITEM f ITEM: A Resolution Appointing Tobias L. Eisenlohr to the Position of Assistant City Attorney MEETING DATE: November 1, 2016 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Tobias L. Eisenlohr as an Assistant City Attorney, effective November 7, 2016. He will serve as one of the City's land use attorneys. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney City Manager: 16 ta<->11114 J '.411, 1 A RESOLUTION APPOINTING TOBIAS L. EISENLOHR TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to§2-166 of the City Code, Tobis L. Eisenlohr is hereby appointed to 8 the position of Assistant City Attorney, effective November 7, 2016. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ft w�- Mark D. Stiles, City Attorney CA 13662 R-1 October 12, 2016 4.07,147;!)4, f,n iZ? Ott . i CITY OF VIRGINIA BEACH AGENDA ITEM ,J ITEM: An Ordinance to Appropriate Funds Related to the Mobilization of Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: November 1, 2016 • Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2 Urban Search and Rescue Team ("VA-TF2"). On October 6, 2016, the team received activation orders to assist with Hurricane Matthew rescue efforts in Lakeland, FL. VA-TF2 deployed 80 team members to assist with search and rescue missions in flooded areas of the Southeast. • Considerations: Upon activation, Federal Emergency Management Administration ("FEMA") provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred to support this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of Virginia Task Force 2. Based on the size and type of deployment, the estimated cost is $1.4 million; however, the actual cost will be better known once the reimbursement request documents have been finalized. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De. - , : + ° .ency: Fire Department i.. (x� City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS 2 RELATED TO THE MOBILIZATION OF 3 VIRGINA TASK FORCE 2 URBAN SEARCH 4 AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $1,400,000 in funding from the Federal Emergency Management 10 Administration is hereby appropriated, with federal revenue increased accordingly, to 11 the Fire Department's FY 2016-17 Operating Budget for costs associated with the 12 Virginia Task Force 2 mobilization for Hurricane Matthew. 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: ��% ; , David Bradley /H.at*eyer Budget and Management Services City Attorney's Office CA13670 R-1 October 17, 2016 e f` .... -.f --::„ :...,- CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance to Appropriate Fund Balance from the Social Services Gift Fund for Various Human Services Programs MEETING DATE: November 1, 2016 • Background: The Department of Human Services (DHS) has received donations for various small activities designed to enhance services and meet specific needs not covered by state and City funded programs: • Holiday Project — provides gifts for children in foster care and families that cannot afford Christmas gifts. • Pennies for Prescriptions — covers the prescription costs for individuals who cannot afford their own medication or prescription copays. • Domestic Violence Assistance — provides emergency assistance for survivors of domestic violence, and covers training costs for Domestic Violence Clinicians. • Memories and Educational Milestones — assists foster care children with special occasions related to school and other accomplishments. • Considerations: Funds collected to date that are available for appropriation are as follows: Fund Balance to be Appropriated in Program Activity FY 2017 Holiday Project 11,430 Pennies for Prescriptions 27,951 Domestic Violence Assistance 11,445 Memories and Educational Milestones (MEM) 6,666 Total 57,492 The Department wishes to establish and/or increase expenditure budgets by $57,492 in order to access these funds during FY 2016-17. The annual holiday project is getting underway, and requests for prescription assistance have exceeded the amount ($2,500) originally appropriated for this fiscal year. No appropriations beyond the amount of actual receipts to support these activities are being requested. No appropriations were made for Domestic Violence Assistance or Memories and Educational Milestones in the Gift Fund during the FY 2016-17 budgeting process. Appropriating funds at the level requested will allow DHS continue to engaging in these worthwhile and much needed activities. There are no City funds used to support these activities. As of October 19, 2016, the fund balance in the Social Services Gift Fund is $64,283. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval 1J� Submitting De- • - . ' gency: Department of Human Services City Manager: 4* �r.,- 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE 2 FROM THE SOCIAL SERVICES GIFT FUND FOR 3 VARIOUS HUMAN SERVICES PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $57,492 from the fund balance of the Social Services Gift Fund is hereby 9 appropriated, with revenues increased accordingly, to the FY 2016-17 Operating Budget 10 of the Department of Human Services to provide funds for various Human Services 11 Programs including the Holiday Project, Pennies for Prescriptions, Domestic Violence 12 Assistance and Memories and Education Milestones. 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: AIA•Nb 72A-),j1A,-) /4 David Bradley D na harm y Budget and Management Services "City Attorney's Office CA13671 R-1 October 19, 2016 K. PLANNING 1. THOMAS BROWN for a Subdivision Variance to Section 4.4 (b) and (d) of the Subdivision Regulations to create two (2) new lots at 843 Muth Lane DISTRICT 2-KEMPSVILLE RECOMMENDATION: APPROVAL 2. 1094 DIAMOND SPRINGS ROAD for a Modification of Conditions to redevelop the site re an Animal Hospital at 1094 Diamond Springs Road DISTRICT 2-KEMPSVILLE RECOMMENDATION: APPROVAL 3. NEW JERUSALEM CHURCH for a Modification of Conditions re parking to improve an existing parking area use at 118 Bishop Thoroughgood Avenue DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH RECYCLING, INC. and BENJAMIN ROD and MICHAEL V. RODRIGUEZ for a Conditional Use Permit re solid waste recycling at 2544 and 2552 Aviator Road(West Oceana) DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. ANCIENT ART TATTOO STUDIO IV, LLC and VILLAGE ASSOCIATES, LLLP for a Conditional Use Permit re a tattoo parlor and piercing at 2605 Virginia Beach Boulevard DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. NIMMO CEMETERY ASSOCIATION for a Conditional Use Permit re Columbarium at 2200 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL • .4,,`" .,t *+ah. osS 4 Mkanfi�, d T4titiry 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,November 1,2016 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 6-BEACH ANCIENT ART TATTOO STUDIO IV,LLC / VILLAGE ASSOCIATES, LLLP Conditional Use Permit(Tattoo Parlor &Body Piercing)2605 Virginia Beach Boulevard, Unit 104 (GPIN 1497642786) DISTRICT 2-KEMPSVILLE THOMAS BROWN Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) 843 Muth Lane(GPIN 1468531419) DISTRICT 2-KEMPSVILLE 1094 DIAMOND SPRINGS ROAD,LLC Modification of Conditions (Animal Hospital) 1094 Diamond Springs Road(GPIN 1468384531) DISTRICT 3-ROSE HALL VIRGINIA BEACH RECYCLING,INC.,A VIRGINIA CORPORATION/BENJAMIN ROD RODRIGUEZ & MICHAEL V. RODRIGUEZ Conditional Use Permit (Solid Waste Management Recycling Facility)2544&2552 Aviator Road (GPINs 1495868669,1495962583) DISTRICT 6-BEACH NEW JERUSALEM CHURCH Modification of Conditions (Parking Lot for Religious Use) 118 Bishop Thoroughgood Avenue (GPINs 2417535550, 2417536457, 2417535356, 2417534482, 2417536413,2417535389) DISTRICT 7-PRINCESS ANNE NIMMO CEMETERY ASSOCIATION Conditional Use Permit (Columbarium)2200 Princess Anne Road(GPIN 2414054907). All interested parties are invited o attend. Ruth Hodges ,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 http://www.vbgov.com/oc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385- 4303. BEACON:OCTOBER 16&23,2016 - I__J co \,< \> . li— )--/r 1 ,.:..__ i .1-•f-- < ip„ --) _,\„,,,---\----\ t._., 1_, rr-- ,„,_ - .--„, % cv. .. • ,, 1 , ::. )0:(' ;inoo eq Jeo Pi rinr_i_ri , 1L_ L",_,L ,__L,s S .. 17 Oil le- 1111A 1 1 H vim li ) .-_---- d ill 1 ; L... .,...\c ___3 ____ 1 lin , II i. 0 ..._ . _ 7 i , , , , Ovie: ----- - ----- n 7,.....,* 1 \ . . _____/,..._r_ I I -- ...,.„ ....- ------s.------\ i if --ir---Ir---1 1---,,_____ -----v----1 ___\ %NO __ ( _____------- _--- --_____ r- !!' I o �J♦ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS BROWN [Applicant & Property Owner] Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) 843 Muth Lane (GPIN 1468531419). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: November 1, 2016 • Background: The applicant proposes to subdivide the 1.03-acre site into two parcels, neither of which front along a public street; therefore, the lot width for each site will be zero. A Subdivision Variance to 4.4 (b)for lot width is requested. Both sites will be accessed via a 10-foot wide private drive known as Muth Lane. Section 4.4 (d) of the Subdivision Regulations requires all lots to have direct access to a public street. Based on this a variance is also requested for access. • Considerations: The request to subdivide the parcel to create two lots is consistent with the recommendations of the Comprehensive Plan in regards to compatible infill development with surrounding land uses. The subject site is surrounded on all sides with properties zoned for multi-family development which has limited the development potential of the subject site. Both of the proposed lots will exceed the minimum lot area requirements for the R-10 Residential District. Staff does not anticipate any adverse impact to surrounding properties with this request as a lot already exists along Muth Lane with a similar configuration with zero lot frontage. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1. The subdivision of the Parcel shall be substantially in accordance with the submitted subdivision exhibit entitled, "SUBDIVISION OF PROPERTY OF THOMAS A. BROWN LOCATED AT 843 MUTH LANE (GPIN: 1468-53- 1419) (Inst. #20160222000140720) (M.B. 8, P. 26)" dated April 29, 2016, and prepared by Hayden Frye and Associates, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Thomas Brown Page 2 of 2 2. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 3. Legal ingress/egress for Parcels Al and A2 shall be maintained at all times, through ingress/egress easement(s), no less than 10 feet in width. Said easement(s) shall be depicted and recorded on the final plat. 4. Both Parcels A-1 and A-2 shall connect to City sanitary sewer. A private utility easement shall be depicted and recorded on the final plat. • 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()Er-- City Manag- .� walk Applicant & Property Owner Thomas Brown Public Hearing September 14, 2016 Agenda Item B City Council Election District Kempsville City y of 7 Virginia Beach Request Subdivision Variance (Sections 4.4 (b) & (d) of I ""„; a v s the Subdivision Regulations) a M°a`�xS�'"�d 3 ° 1 ii „O'« b 6? f . cf a° o" 3 Staff Planner aI A ' Jimmy McNamara osof"<, < E ` 8 OF Y•N t o'4 Wesleyan Of iae P ? W rpeM1 amore oad O lush Court 2 tr/e»'Orrye Location o "e 843 Muth Lane attan�r"`. n � I s GPIN web t Cati na Arch x�ts�Ysa < o`�n< 4 fts`eCar -_. /O' Newtown Road ie 1468531419 " Vy,eE 0<� �'t 4 J �C Site Size <.r` ° � % r 1.03 acres p� <��`.e o,• ce 'Mb J Y A I C U Z pOeY +Fps ;,4 e O %,,,,°°4-44,„ �/,�44,„ 11 C'4, ad r� q,7 aQ8 Less than 65 dB DNL a%y Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts • North ii 4, , ,` T.„:cdt vEi Multi-family dwellings/A-18 Apartment < '' South , ': 1 :''- Multi-family dwellings/A-12 Apartment y. East % _ P. ,,;,...s; pillielt ,6 !? MUth Lane Island Court t� Multi-family dwellings/A-18 Apartment c, t West n ,4: ter. Multi-family dwellings/A-12 Apartment -f �1 o • TSL ;� k. r 4* 'w p : , Thomas Brown Agenda Item 7 Page 1 Background and Summary of Proposal • The subject site is a 1.03-acre parcel zoned R-10 Residential District and developed with a single-family dwelling. • The applicant proposes to subdivide the site into two parcels, neither of which front along a public street. Parcel A-1 will be 0.49 acres and will include the existing dwelling. Parcel A-2 will be 0.54 acres and a single-family dwelling is proposed. L A-2 Ll A-1 o • Both sites will be accessed via a 10-foot wide private drive known as Muth Lane, necessitating a Subdivision Variance to Section 4.4 (d) of the Subdivision Regulations that requires all lots have direct access to a public street. • As neither proposed lots will have frontage on a public street,the lot width for each site will be zero, thus necessitating a Subdivision Variance to Section 4.4 (b)for lot width. Required Proposed Parcel A-1 Proposed Parcel A-2 Lot Width in Feet 80 0* 0* Lot Area in Square Feet 10,000 21,179 23,717 *Subdivision Variance is required to lot width. Thomas Brown Agenda Item 7 Page 2 LI-1 ' \ A-18 ,I.Ii: ./C,2\ 4-ni 0 d� n i r ��,oZoning History Island Court % 1 �4 # Request 1 CRZ(R-10&A-12 to Conditional A-18)Approved A �� R- :0 - 06/14/2005 � .: U A-1r i 2 CRZ(R-10 to Conditional A-12)Approved 04/08/2008 e /� MOD(Proffers)Approved 04/08/2008 ._ v ,, 3 CRZ(R-10 to Conditional A-12)Approved 01/25/2005 E ril c) 4 A-12* Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (Sec. 1.3, pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Muth Lane No Data Available Existing Land Use Z 10 ADT Proposed Land Use 3-20 ADT 'Average Daily Trips 2 as defined by one single- 3 as defined by two single-family family dwelling dwellings Thomas Brown Agenda Item 7 Page 3 Public Utility Impacts Water City water is not available to this site. Sewer A public sanitary sewer connection for the existing dwelling at 843 Muth Lane will be required. City sanitary sewer can potentially serve the new parcel via a private utility easement to the existing six-inch City sanitary sewer gravity main located along the western property line. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The request to subdivide the parcel to create two lots is consistent with the recommendations of the Comprehensive Plan in regards to compatible infill development with the surrounding land uses. The subject site is completely surrounded on all sides with properties zoned for multi-family development which has limited the development potential of the subject site. Both parcels well exceed the minimum lot area requirements for the R-10 Residential District. Staff does not anticipate any adverse impact to surrounding properties with this request as a lot already exists along Muth Lane with a similar configuration with zero lot frontage. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The subdivision of the Parcel shall be substantially in accordance with the submitted subdivision exhibit entitled, "SUBDIVISION OF PROPERTY OF THOMAS A. BROWN LOCATED AT 843 MUTH LANE (GPIN: 1468-53-1419) (Inst. #20160222000140720) (M.B. 8, P. 26)" dated April 29, 2016, and prepared by Hayden Frye and Associates, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 3. Legal ingress/egress for Parcels Al and A2 shall be maintained at all times,through ingress/egress easement(s), no less than 10 feet in width. Said easement(s)shall be depicted and recorded on the final plat. 4. Both Parcels A-1 and A-2 shall connect to City sanitary sewer. A private utility easement shall be depicted and recorded on the final plat. Thomas Brown Agenda Item 7 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Thomas Brown Agenda Item 7 Page 5 Existing Plat - Msa°�N P, 0 11 b { f A a;13 -tlij 11 • i rt '4 . ..p 11. ,--- • ' 4.$o 'pcif l'fss • o [i a .41d) v I C j '' r :4 : r u 2 ; . � �° '13 • • r � •, .Q c • ^. ," fa /' •c y L 11 V • 1 3 v 11 t.:.,,* bo �� .. l'z ik,.... go.. JAI ,4 to >••••4 EI t ,\ % V�`3 .h I ,w • ar �t s; Ro.d alp w A. j Thomas Brown Agenda Item 7 Page 6 Proposed Site Layout (wn-ol rn9000 i sorrezi is.;) r-I UANd (099iaiao. 0000z is ru'ar•iauzoo is suds A7(IMQi MD■dl ( 37.351110-10 • pow cm) ,1 s # 14r-r, 2' a 111 ti ( " r �� o ' ' . _ (..„,....) t- 4 71 i _ w l J' INS 4 is Fp y r . b n^ 51Wr re.. ' 1% 1 tAtlo i Or;*ill4P4 ` .ik7s,z1 �‘N\ii -3 o<Lw iii f 1i 1 1 G ifs �yi ii-1 I. $1 ,/....9 -.1!._... it' (1) ( J. 1; (ui% .a•) `-LJ. I u M c` 1 ._ 1' (' Thomas Brown Agenda Item 7 Page 7 Proposed Elevation V) W ti it . O C Eo A.. Q U.I m M Y' Z V L., :- i1 iQ a_ N J V Cbt lL I • o aui 2 4 E�1" 7tift6'"a" 0 a g: w Q V Q Km1. , m E 0 • r Z ,n - Q o 8: a_ w 3 <'fr Fi' , . . W et y 1. G Z W V P. p m m ao k _.9.T4 LO CT car n IN.. W h Q D V/ L LL _ _ U. C . 1.1. L:. 4L < Li >"' r' Y is t/f 81 V.: •� c.:: T = %�� .. E Vim , 3 — S x .: M . z W. J c L C � � = 5 � H in C < 4 w` q - V :i < r. .._.. ti. V1 T L ^ r Thomas Brown Agenda Item 7 Page 8 Site Photos , .,...4 ,,. .... . , . — -3- . . / , . , : . viiit ..., - -- --. ' r „,.,.: _ , .......„.......,... ,. , _ „........0, ---t•-.7,.• , - --...- .........*** . .. `4'• ,..,-,-,'.•-• --, : ' - . . .• ... ... . • < 4 •-ei. '',;V-,' •••- -Mi•-•:''''''t14,....- '.7_ , ' -P. ..... ... • ' ' ' ' 4r4t1,-'1*,-Alr- ' : '-10,--',',,,',-. , :. • - ' -0.1..--..... ...,0 . '''' "'• 4. ;:,..,"44 4:,...,' ...!c10' ..e „w„ ,-.... t...v. 4c • • i. --' '. ''474 i . - i.''. • .•%.,:'. . ;-'71•7:---,-4.. . ,.. . — :....„ ......, ...L., .... at ii - .....„-- ... _... _. ,.... ___ . ..&.- ... ...N. _ ... . ..,-A... . sN • -, -._, 4 ' - *' Thomas Brown Agenda Item 7 Page 9 Disclosure Statement wikili3 Virginia Beach APPLICANT'S NAME /'W ,ROuitli 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 1 Modification of by City Property I 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 OR ` (f5 (-N Y /A II Cirri(5 (< 1,.iti r ,'chic c — I Page 1 of 7 f,,rri _.(crri .r: , G ( t, Cc,an_,0 c(tnUt.,:iI iLi ..ci r ,,pi a„„, 0 !;1 L I(AN NO11i ISD GF „k AKIN( i;i•7r igi NO( 'i NCF S AS f l(J J jG�{i 6 Jimmy McNamara El �,l r-ti< ,UF 4,11-'i, Thomas Brown Agenda Item 7 Page 10 Disclosure Statement Virginia Beach 10Check 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: 7ok4 t ifieD If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach li t if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: Attach list if necessary) See next page for information pertaining to footnotes and 2 4 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ 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: iX"M J �/f t_l If an LLC, list the member's names: Page 2 of 7 Thomas Brown Agenda Item 7 Page 11 Disclosure Statement tlipM A 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 Proper 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 arid Local Government Conflict of Interests Act,Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Thomas Brown Agenda Item 7 Page 12 Disclosure Statement tlyqV APPLICANT Virginia Beach LYES NO SERVICE IPROVIDER (use additional sheets if needed) ❑ 14`I Accounting and/or preparer of J� your tax return ❑ Architect/Landscape Architect/ GMF Associates 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 (identify purchaser(s)and purchaser's service providers) ❑ 3si Construction Contractors ❑X ❑ Engineers/Surveyors/Agents yc i y ' — '✓47/(', Financing (include current ❑ gyp( mortgage holders and lenders Jo► selected or being considered to provide financing for acquisition or construction of the property) ❑ IN Legal Services _ Real Estate Brokers / ❑ ,M 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 ❑ 1E1 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Thomas Brown Agenda Item 7 Page 13 Disclosure Statement Vi3 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 i meeting, or meeting of any public body or committee in connection with this ,Application. 1, vAr ,Q eyed - .z8 /6 Ii APPLICANT'S SIGNATURE _ PRINT NAME DATE 1 Page 5 of 7 Thomas Brown Agenda Item 7 Page 14 Disclosure Statement 01B OWNER Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if needed) ❑ g Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ▪ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ im Construction Contractors • 0 Engineers/Surveyors/Agents 17i/?A Financing(include current �~�i— ❑ psi 11 mortgage holders and lenders Kselected or being considered to provide financing for acquisition or construction of the property) ❑ 3 Legal Services Real Estate Brokers / ❑ lz 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 employee and what is the nature of the interest? Page 6 of 7 Thomas Brown Agenda Item 7 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, VBA meeting, or meeting of any public body or committee in connection with this Application. ,p edu4t) 0,p/4, PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Thomas Brown Agenda Item 7 Page 16 Item#7 Thomas Brown Subdivision Variance 843 Muth Lane District 2 Kernpsville September 14, 2016 CONSENT An application of Thomas Brown for a Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations on property located at 843 Muth Lane, District 2, Kempsville. GPIN: 1468-53-1419-0000. CONDITIONS 1. The subdivision of the Parcel shall be substantially in accordance with the submitted subdivision exhibit entitled, "SUBDIVISION OF PROPERTY OF THOMAS A. BROWN LOCATED AT 843 MUTH LANE (GPIN: 1468-53-1419) (Inst.#20160222000140720) (M.B. 8, P. 26)" dated April 29, 2016, and prepared by Hayden Frye and Associates, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 3. Legal ingress/egress for Parcels Al and A2 shall be maintained at all times,through ingress/egress easement(s), no less than 10 feet in width. Said easement(s) shall be depicted and recorded on the final plat. 4. Both Parcels A-1 and A-2 shall connect to City sanitary sewer. A private utility easement shall be depicted and recorded on the final plat. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 7. 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#7 Thomas Brown Page 2 By a vote of 7-0,the Commission approved item 7 for consent. The applicant appeared before the Commission. II - 61 - Item V L.7. PLANNING ITEM#58762 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of RICHARD S. DAILEY for Modification of Condition No. 2 (approved by City Council on June 9, 1986, September 14, 1987 and August 14, 1989)at 1094 Diamond Springs Road re enlarging the existing animal hospital. ORDINANCE UPON APPLICATION of RICHARD S. DAILEY FOR MODIFICATION OF CONDITION NO. 2 (APPROVED BY CITY COUNCIL ON JUNE 9, 1986, SEPTEMBER 14, 1987 AND AUGUST 14, 1989) AT 1094 DIAMOND SPRINGS ROAD re ENLARGING THE EXISTING ANIMAL HOSPITAL BE IT HEREBY ORDINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHARD S. DAILEY for Modification of Condition No. 2 (approved by City Council on June 9, 1986, September 14, 1987 and August 14, 1989) at 1094 Diamond Springs Road re enlarging the existing animal hospital. (GPIN: 14683844531) DISTRICT 4-BAYSIDE The following conditions shall be required: 1. All conditions, with the exception of Number 2, attached to the Conditional Use Permit granted by the City Council on August 14, 1989, remain in affect. 2. Condition Number 2 of the August 14, 1989, Conditional Use Permit is deleted and replaced with the following: "When the Property is developed (a) the building shall have the architectural design and features substantially as depicted on the exhibit which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning, and(b) the site shall be developed substantially as shown on the exhibit entitled "SITE PLAN FOR SAJO FARMS VETERINARY CLINIC ADDITION 1094 DIAMOND SPRINGS ROAD VIRGINIA BEACH, VIRGINIA"dated 07/08/08,prepared by Land Design and Development, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning(hereinafter referred to as the "Conceptual Site Plan)." This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of April, Two Thousand Nine April 28, 2009 I II - 62 - Item V-L.7. PLANNING ITEM#58762(Continued) Voting: 11-0(By Consent) II Council Members Voting Aye: Glenn R. Davis. William R. "Bill"DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Apri128, 2009 • ., • i ...-- - -...A. <., V s.,,,/, ,.... ..., .:, . k...„ . , rz L) n 0----- -.) __- A Nt IN 0_ ----it, IXL-A 1011 Ii ..,; i Agt. —A '1:t! yi- , , / \> 1.-------- .S:\>\\71 11111/4 ..,. „ -- \\/ >90.,,,,,,z, II J • \I\Hi ,--.) .•,,,-V 0 rl i lb 40 of) 1 ,..,,,...- v..........1, „kill vir Cx,/- •\'''..-- , , fe deiP 0 71V\ .. , - (.\ ce .. ,:::: -...,.....,... ... , , l liklikV / c 40 \ S / lk --- - t-.., ‘...../ _.--\.---\ ie D .. .- / k .„.../ \-. -_ , („) -) ‹-\--ao • .. ../ Cl -I- r--1101 0 1 I ' 0 I/ .-. -1-jr 17 [—A --- - c I ". ,...._- r-- , _.. o 4,4•41 ( ?\s/..../(-N: >:\1. i •e'S. ....\- „ / : .1.,....1)... \N.-// / : " "" • ' I ft,;(1!)7,* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1094 DIAMOND SPRINGS ROAD, LLC [Applicant & Property Owner] Modification of Conditions (Animal Hospital) 1094 Diamond Springs Road (GPIN 1468384531). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: November 1, 2016 • Background: On September 14, 1987, the City Council approved a Conditional Use Permit permitting an animal hospital on this 1.33-acre site. As the property is zoned AG- 2 Agricultural District, a Conditional Use Permit is required for this use. In 1989 and in 2009, modifications to the Conditional Use Permit were granted by the City Council, which included an increase in the size of the building to 15,800 square feet. As the existing animal hospital/veterinary establishment is proposed to be demolished, a modification to the existing Conditional Use Permit is again required in order to redevelop the site with a 24,000 square-foot facility. The proposed two-story, building will contain space for boarding as well as space for typical veterinary exams and procedures. Emergency care services may also be offered. • Considerations: The Comprehensive Plan's policies for the Suburban Area support conditional uses that are compatible with existing stable neighborhoods, as well as fulfill a legitimate public need. The animal hospital, in Staffs view, has filled that need and will continue to do so when redeveloped as proposed. Several deviations to the requirements set forth in the Zoning Ordinance for uses other than dwellings in the agricultural district are requested. A deviation to the 15 percent maximum lot coverage on the site is requested. Typically, the large size of agriculturally zoned parcels are able to accommodate this limit to lot coverage — which includes the building footprint and the parking areas. A deviation to the Category IV screening requirement as well as a deviation to the required 20-foot side yard setback to a five-foot setback are requested along the southern property line. These deviations are sought due to the fact that there is sufficient existing vegetation along the southern property line, albeit off-site, and the adjacent property contains a 150-foot wide public drainage canal. 1094 Diamond Springs Road, LLC Page 2 of 2 There is an existing non-conforming LED sign on the property that the applicant will likely retain. It is Staff's opinion that this LED sign is not imposing and its continued use, as it exists today, will not be detrimental to the surrounding properties. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1. When the property is redeveloped, other than the note regarding the replacement of the existing freestanding LED sign, it shall be in substantial conformance with the exhibit entitled, "Preliminary Site Plan for Sajo Farms Veterinary Clinic Addition at 1094 Diamond Springs Road, Virginia Beach, Virginia," prepared by Land Design and Development, Inc., dated August 11, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. When the building is constructed on the site, it shall be in substantial conformance with the exhibits entitled, "Hope Springs Veterinary at Sajo Farm," prepared by Andre Marquez Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 3. In the event that the existing freestanding sign is replaced, any new freestanding sign shall be a monument-style sign, with a design that matches the building in condition 2 above, in terms of color scheme and materials. Said sign shall meet all applicable Zoning Ordinance requirements and shall be submitted to the Planning Director for determination of compliance with this standard prior to the issuance of a sign permit. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•art • - . • gency: Planning Departmec4tr--4 City Manager. Applicant & Property Owner 1094 Diamond Springs Road, LLC Agenda Item Public Hearing September 14, 2016 City Council Election District Kempsville City of Virginia Beach Request 4 Modification of Conditions (Animal Hospital) cdenD^ve �a eotan�'D`Ne ca,OMe ,o oeFo eco' EmmVplace 144 $ un,P Season lane R Staff Planner a+q4e $a �,�c �; se`a`e Carolyn A.K. Smith T.e�poja Dnve spool aoad ''4„,,, S„,, Location FneSpunla0 1094 Diamond Springs Road epokdoo5e A G Fn �. i " GPIN t (, 6 O4 O 1468384531 '• " th Gate . tae` 94, ,mon 91KeV Site Size Quarterpa & „los' ®u VM°dw ptch 1.33 acres AICUZ Thicket WVntl q9 Less than 65 dB DNL .„,,,,,o," `'S Mern,la"e Existing Land Use and Zoning District Animal Hospital/AG-2 Agricultural i Surrounding Land Uses and Zoning Districts Q`` *` ` North `, <�e. a,, , •` . Single-family dwellings/ R-5D ResidentialNi.* Qei¢.. �_{' • 4 lir South •w'\ • ,o. �� City drainage easement , ,, Single-family dwellings/ R-10 Residential , ;.t.,, T�'fe /1 ii,., East ;- - ,` -�sr6% t Igo N� � . Single-family dwellings/ R-5D Residential . ' '`, A.ss i • West Diamond Springs Road 6 {-. - ` Single-family dwellings/ R-5D Residential t. , '' ` -„ gt_ 1094 Diamond Springs Road, LLC Agenda Item 11 Page 1 Background and Summary of Proposal • On September 14, 1987, the City Council approved a Conditional Use Permit permitting an animal hospital on this 1.33-acre site. As the property is zoned AG-2 Agricultural District, a Conditional Use Permit is required for this use. In 1989 and in 2009, modifications to the Conditional Use Permit were granted by the City Council, which included an increase in the size of the building to 15,800 square feet. As the existing animal hospital/veterinary establishment is proposed to be demolished, a modification to the existing Conditional Use Permit is again required in order to redevelop the site with a 24,000 square-foot facility. • The proposed two-story, building will contain space for boarding as well as space for typical veterinary exams and procedures. Emergency care services may also be offered. • A 1,200 square foot dog run, 61 parking spaces and the required Category IV landscape buffer along the northern and eastern property lines are also proposed. • Several deviations to the requirements set forth in the Zoning Ordinance for uses other than dwellings in the agricultural district are requested. A deviation to the 15 percent maximum lot coverage on the site is requested. Typically, the large size of agriculturally zoned parcels are able to accommodate this limit to lot coverage— which includes the building footprint and the parking areas. A deviation to the Category IV screening requirement as well as a deviation to the required 20-foot side yard setback to a five-foot setback are requested along the southern property line. According to the applicant's representative, these deviations are sought due to the fact that there is sufficient existing vegetation along the southern property line, albeit off-site, and the adjacent property contains a 150-foot wide public drainage canal. • Additional street frontage plantings are proposed along Diamond Springs Road, in compliance with current standards. • The access to the site will remain virtually unchanged with a single ingress/egress point along Diamond Springs Road. • There is an existing non-conforming LED sign on the property that the applicant will likely retain. 1094 Diamond Springs Road, LLC Agenda Item 11 Page 2 0,� ts, A:" • 744(411 • `Of / Zoning History �% R-40' # Request � / 1 MOD Approved 04/28/2009 o �/ �? � /� MOD Approved 08/14/1989 CUP(Animal Hospital)Approved 09/14/1987 <d. c C RyD oqs ^. R-10 0 G ° RAO 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 as being within the Suburban Area. Guiding planning principles have been established to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.This is accomplished by providing planning guidance that ensures appropriate and sustainable use of land, the protection of natural and designed open spaces as well as places and buildings or cultural and historic significance, and the provisions of utilities, transportation, and services adequate to meet existing and future needs. The primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future.To achieve this objective,the Plan recommends that development in the Suburban Area be a careful mix of land uses that contributes to the day-today life of our residents; incorporate site and building design that is visually interesting, encourages greater social interaction, and provides a memorable character; and encourage compatible infill development. Natural and Cultural Resources Impacts The property is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources on the site. Traffic Impacts 1094 Diamond Springs Road, LLC Agenda Item 11 Page 3 Street Name Present Volume Present Capacity Generated Traffic Diamond Springs Road 22,067 ADT 1 28.200 ADTi(LOS4"C") Existing Land Use s_573 ADT 30,600 ADT (LOS "D") Proposed Land Use 867 ADT 1 Average Daily Trips 2 No data exists for Animal Hospital, 3 No data exists for Animal Hospital,a 4 LOS=Level of Service a Medical Dental facility was used to Medical Dental facility was used to generate traffic volumes generate traffic volumes. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Diamond Springs Road in the vicinity of this application is a four-lane, divided, minor arterial.The MTP calls for a six-lane major arterial with an ultimate right-of-way width of 150 feet. There are currently no roadway CIP projects scheduled for Diamond Springs Road in the vicinity of this site. Public Utility Impacts Water & Sewer The property is currently connected to both City water and sanitary sewer service. Water and sanitary sewer service must be verified during final site plan review and improved as necessary so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. Evaluation and Recommendation The Comprehensive Plan's policies for the Suburban Area support conditional uses that are compatible with existing stable neighborhoods, as well as fulfill a legitimate public need.The animal hospital, in Staffs view, has filled that need and will continue to do so when redeveloped as proposed. As the animal hospital has been at this location since 1987, and the fact that the applicant proposes to redevelop the site with an expanded facility is likely a testament to the success of the operation and the public's desire and need for such a use in this part of Virginia Beach. Based on the high quality of both the building design and site layout,Staff recommends approval of this request, subject to the conditions below.This recommendation for approval includes the deviation to the side yard setback along the southern property line to a five-foot setback, as well as a deviation to the required Category IV landscape buffer along the same property line. A deviation to the 15 percent maximum lot coverage on the site is also requested.Typically,the large size of agriculturally zoned parcels are able to accommodate this limit to lot coverage—which includes the building footprint and the parking areas.As this site is located in the northern part of the city, an area that is predominately suburban, it is impractical to expect a commercial development to meet this standard. It should be noted that there is an existing non-conforming LED sign on the site. It is Staff's opinion that this LED sign is not imposing and its continued use, as it exists today,will not be detrimental to the surrounding properties. Staff has, however, recommended a condition that in the event the sign is replaced, any new freestanding sign shall meet the Zoning Ordinance requirements. Recommended Conditions 1. When the property is redeveloped,other than the note regarding the replacement of the existing freestanding LED sign, it shall be in substantial conformance with the exhibit entitled, "Preliminary Site Plan for Sajo Farms 1094 Diamond Springs Road, LLC Agenda Item 11 Page 4 Veterinary Clinic Addition at 1094 Diamond Springs Road, Virginia Beach,Virginia," prepared by Land Design and Development, Inc., dated August 11, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. When the building is constructed on the site, it shall be in substantial conformance with the exhibits entitled, "Hope Springs Veterinary at Sajo Farm," prepared by Andre Marquez Architects,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 3. In the event that the existing freestanding sign is replaced, any new freestanding sign shall be a monument-style sign, with a design that matches the building in condition 2 above, in terms of color scheme and materials. Said sign shall meet all applicable Zoning Ordinance requirements and shall be submitted to the Planning Director for determination of compliance with this standard prior to the issuance of a sign permit. 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. 1094 Diamond Springs Road, LLC Agenda Item 11 Page 5 Proposed Site Layout �15' BUFFER REQUIRED S 16°23'19" E 200.00' CATEGORY Iv .�.'�....�} � wDSG4PING REQUIRED ` 'w`�,,,,s+ >L__,rjt,-_._1�f"+>. L ' _<*ice “ 2 {1� K -1 5 ( :' ?-^R Y'-^-'f, Y--rf� l a !�-Y t""1 --� � ? / Il" / / "T —7- rs ...,/ // / , / , / , / // / , / , _J • ) ,/ , , I / POS,E6 2ST,OR'Y -2ND FLGD4 M V / / /R/24,0"00 / .F.,VET RINAR'Y OJTL E BUFFER REOU+RED ?LL J / / / I J C / / /-i : o in /� / / / N (1;1) ''.......L— / \/ /_ 1200 S.F. 2.. / / _ - OUTDOOR 000 RUN NEW FOUNDATION 'irIL4 ? : CA ....... LANDSCAPING 3 MINIMUM III rn rr.. . ,"IN. / / N V ,...„) A • ,. _. ✓$. Ig, &. , o C 24':12'CONC. DUMPSTER LLI y jj PAD (SCREENED) WOODEN PERMEABLE PAVEMENT �"�•Q,+ ' ENCLOSURE(MIN. N..6) .ct r-PARKING LOT "�o4 /r/ LANDSCAPING ,`s „ 40'x12' LOADING SPACE 't''). (r4/ '-- --".. . Mil, , l r c 3,4, 18' . 24 u8 24' . 18' ' ID' �., ak f iL Nnuu. , • t. 1. 24 PERMEABLE pAYDAENT �' _, 24 i 18' - _ rw ff l • T 0-T—TEST #1 ,.. t. ""P 0 X BMP 1� D �+ v ' 57-0000 O ''S 4( t011.- 41,431r \2 - \ + "2 ENTRANCE TO REMAIN •` ,�/ '' BROUGHTSTREETF RUOPNTO T NDSCACURREIINSTANOAE • - SIGN TO REMAIN (IF SIGN REPLACED PROVIDE PLANNING WfiN COMPLETE r-: - DETAILS. TO BE IN ACCORDANCE WITH AG SIGN REGULATIONS) rr GRAPHIC SC 20 n to 7n a 1094 Diamond Springs Road, LLC Agenda Item 11 Page 6 Proposed Elevations zatlia;--i El t lil (,) I i x k. a - ! i b - V p 1 In r 1 , I 1 1 ' 5f 1 , .___-: ..., 1 1 > w t i = 11 ,II P , ii i • , 1 I , g -4 1111 1 ii <-! ati! , / .. I ' I 111 t. I , 5 - .- ...- I III I / 1 al a II hi --) 1 1 • , .,.- 4,44. .....,......4 H - . t . )- d , - 1 E 11 I , •A - •r r '1 1 E - ! W , . 11.1 II in I I 1 1 i I I I I II > A CO FN 0 1 i I I ''' a, d i:. ': ,`: .• i, . , It. g 4 " s 4 s S S s 4 ss 0. Z )> LI 0 112(5 U (I) 1 00 z (0 gawp r(-z ic:) w E(D 2 < (2. E al > I 5 co w 1094 Diamond Springs Road, LLC Agenda Item 11 Page 7 Proposed Elevations .:,-. .,,-.,-,-.,, 111 g.. — -- 4 . fq,911 .-',:.'-= • '.-::. a 1111 1 Vill .:'-•j,•:'-.:.:.'7.''.!' 7.i ,' '. .1'4)2,..!'..,r:Ard.....:.; 41 , z.1 " 4..... , a. ,.. All g-•'*C.;:.'...:.‘ .-.7 . Z •-3. F:; III41M I --; 1 II '- Ill 0 i..., w _ 1.. .•-:,-,•;,..,. • .. - kr Y1 111 n .-§ Ai -••==e ' 1 II 0' A .-- Pr - '•-...-,';& 11 .1 1 II jEll• ....'r't...:-.--' III ''-'• 54 1-:47,. '1 II ha II 1 , _,, I _ !Ili pi it_ -.!. '111 I -. • . 6E 1 , • - . 0 p a 1 •..5 "ill g V/ E IE lag il < ' 'ONO 0 0 ' '- •-•'?': ''. - , 1 1 --i-: 4:1140 il H I .„ . ..),-.'014 ._ >' I .. ...1 _.. g_ X An. „AI •-`_•%-< "'- -*-4,,--,,' 7: "II 41 , . i •'-. ,, _ ., ..,.., ,... . . mo m CC 1 I t I I !,iit I i: ti,ir; 6,e S — - 0 2f) n (I) Q LLJ a- 0. ,03 2 ( ELu > I IC-)5 o w 1094 Diamond Springs Road, LLC Agenda Item 11 Page 8 Site Photos • • •r".;•,- .; • . or 4.111041, __ • =: ggoor SOW . oro olellergoargogglor • re = • a • t 1094 Diamond Springs Road, LLC Agenda Item 11 Page 9 Disclosure Statement ,71/453 Virginia Beach APPLICANT'S NAME 1094 Diamond Springs 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 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 Pagel of U Carolyn Smith 1094 Diamond Springs Road, LLC Agenda Item 11 Page 10 Disclosure Statement 11/4/3 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:1Q91LDiamond_Springs_Road1LC If an LLC, list all member's names: Richard S. Dailey, Sole Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 1094 Diamond Springs Road, LLC Agenda Item 11 Page 11 Disclosure Statement NB 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 entityrelationship" means "a relationship, other than parent subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv 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 1094 Diamond Springs Road, LLC Agenda Item 11 Page 12 Disclosure Statement NN3 APPLICANT Virginia Beach j YES I NO] SERVICE PROVIDER(use additional sheets if . — XAccounting and/or preparer of Wilfore&Associates your tax return XArchitect/Landscape Architect/ Andre Marquez Architects Land Planner Contract Purchaser(if other than RIthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Ej purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors NEngineers/Surveyors/Agents Andre Marquez Architects Financing (include current E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) (X( Legal Services Poole Brooke Plumlee PC Real Estate Brokers / 4 Agents/Realtors for current and anticipated future sales of the subject property 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have IX an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 1094 Diamond Springs Road, LLC Agenda Item 11 Page 13 Disclosure Statement NI13 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 meeti•g, or meeting of any public body or committee in connection with this A..li ation. i / A _.`__ 1044 )ian,QnoSpriny (toad c. c,) lu Prtic•NTS•• AT PPoNT NAME DATE — r 1 Page 5 of 7 1094 L iamond Springs Road, LLC Agenda Item 11 Page 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) X Accounting and/or preparer of Wilfore&Associates your tax return X Architect/Landscape Architect/ Andre Marquez Architects Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) CConstruction Contractors nEngineers/Surveyors/Agents Andre Marquez Architects Financing(include current n El mortgage holders and lenders ? selected or being considered to provide financing for acquisition or construction of the property) Legal Services Poole Brooke Plumlee PC Real Estate Brokers / fl141 Agents/Realtors for current and Icy 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\/' an interest in the subject land or any proposed development u 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 1094 Diamond Springs Road, LLC Agenda Item 11 Page 15 Disclosure Statement :NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA me .ing, or I eeting of any public body or committee in connection with this A.. ication , r, ;r 1 L-; .j :>��. n a�naeJ tt t / / n 'I(,u,t IIt4A,ta4cT �f4r,c�rRadV<L9Y b�� PROPERTY• ER'S9GNATURE PRINT NAME DATE Page 7 of 7 1094 Diamond Springs Road, LLC Agenda Item 11 Page 16 Item#11 1094 Diamond Springs Road, L.L.C. Modification of Conditions 1094 Diamond Springs Road District 2 Kempsville September 14, 2016 CONSENT An application of 1094 Diamond Springs Road, L.L.C. for a Modification of Conditions(Animal Hospital) on property located at 1094 Diamond Springs Road, District 2, Kempsville. GPIN: 1468-38-4531-0000. CONDITIONS 1. When the property is redeveloped,other than the note regarding the replacement of the existing freestanding LED sign, it shall be in substantial conformance with the exhibit entitled, "Preliminary Site Plan for Sajo Farms Veterinary Clinic Addition at 1094 Diamond Springs Road,Virginia Beach, Virginia," prepared by Land Design and Development, Inc., dated August 11, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. When the building is constructed on the site, it shall be in substantial conformance with the exhibits entitled, "Hope Springs Veterinary at Sajo Farm," prepared by Andre Marquez Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 3. In the event that the existing freestanding sign is replaced, any new freestanding sign shall be a monument-style sign,with a design that matches the building in condition 2 above, in terms of color scheme and materials. Said sign shall meet all applicable Zoning Ordinance requirements and shall be submitted to the Planning Director for determination of compliance with this standard prior to the issuance of a sign permit. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 11. 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#11 1094 Diamond Springs Road, L.L.C. Page 2 By a vote of 7-0, the Commission approved item 11 for consent. Alison Zizzo appeared before the Commission on behalf of the applicant. : 7 j \ / /- ,,e . s \ › / /, 4 4 0,) ,o, Nfr-Nr tor, , Ode 96% / NOto \ 7:, ano/\ 0 < sot, LO \.7NIII •v415> \ ' • II: r‘ , ILO 1%11 0 N‘ /10 Nr: 0 , \cv . 0Pft. A < i/ N\ . ..\,. cf> \ , / A / U fOa._ c....„ ^B yL) ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW JERUSALEM CHURCH [APPLICANT & PROPERTY OWNER] Modification of Conditions (Parking Lot for Religious Use) 118 Bishop Thoroughgood Avenue (GPINs 2417535550, 2417536457, 2417535356, 2417534482, 2417536413, 2417535389) COUNCIL DISTRICT— BEACH MEETING DATE: November 1, 2016 • Background: A Conditional Use Permit for the main church at 118 Bishop Thoroughgood Avenue (formerly Erie Avenue) was approved by the City Council on August 13, 1973. A modification to that Conditional Use Permit was approved in 1982 to allow an expansion that brought the sanctuary to its current size and added all of the parcels that are the subject of this request. In 2006, the church requested another modification to allow an addition to the existing building consisting of offices, Sunday school classrooms, and a multi-purpose room. The applicant is now requesting a further modification to the Conditional Use Permit for the purpose of improving an existing gravel parking area, which is located on the north side of Bishop Thoroughgood Avenue. There is no change being requested to the size of the sanctuary. ■ Considerations: The proposed parking lot will result in the elimination of the westernmost driveway on Bishop Thoroughgood Avenue. The access point on Butts Lane will remain. The proposed parking lot will provide 44 marked spaces, including two handicapped-accessible spaces in the southeast corner of the lot at the front of the office building. The parking lot design and construction will meet all applicable City ordinance requirements and standards, including curb and gutter. The replacement of the current parking area with an improved parking lot will provide an opportunity to manage stormwater. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, is compatible with the surrounding neighborhood and also meets the AICUZ Overlay Ordinance provisions for the Greater than 75 dB DNL and APZ-2, as there is no increase in the size of the sanctuary proposed with this modification. The development of the parking lot will result in the elimination of one of two existing driveways on Bishop Thoroughgood Avenue, which will reduce traffic conflicts. New Jerusalem Church Page 2 of 2 Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request with the following conditions. 1. The site shall be developed in substantial conformance with the submitted plan, "Concept Plan, Proposed Parking Lot for New Jerusalem Church, Virginia Beach, Virginia," prepared by Gallup Surveyors & Engineers, and dated June 30, 2016. 2. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and City streets. Lighting should be directed down at the ground and not horizontally or up in the air. 3. As provided for by Section 221(i) of the City Zoning Ordinance, and upon a finding by the City Council that good cause has been shown and there will be no significant detrimental effects on surrounding properties, the deviations from the required yard setbacks by the two existing buildings located on the site are deemed appropriate. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme t/Agency: Planning Department C).rz5F--% City Manager: Applicant & Property Owner New Jerusalem Church Agenda Item Public Hearing September 14, 2016 City Council Election District Beach I. 5 Virginia Beach Request Post Canyon Road 70-75 dB DNL Millers Lane NOp. Atlantis Drive Modification of Conditions (Conditional Use K Permit for a Religious Use approved by the City �"`'^° Council on August 8, 2006) Southern Boulevard Norfolk Avenue APZ1 Ocean Pebbles Way $•�'og r Jackson Street a 1t� gd f0' Staff Planner ``s rci, 5e' ` ,...,, .,,,, Stephen White "� "Rr >75 tl8 DNL .ii S. t er laasr Dd.. Location 0. APZ2 Banc Road 118 Bishop Thoroughgood Avenue �je..sP Preserve Drive f Beautiful Street Gannet Run GPINsColo Goose Landing Deer Creek Drive � Made D^ve 2417535550; 2417536457; 2417535356; T 2417534482; 2417536413; and 2417535389 Existing church: 2417537205 Site Size Area north of Bishop Thoroughgood Avenue: 28,796 square feet (being added to existing Use Permit) Area of church south of Bishop Thoroughgood Avenue: 1.03 acres (existing Use Permit area) AICUZ Greater than 75 dB DNL; APZ 2 'e 0 ° Existing Land Use and Zoning District 'v�4/ Church offices, gravel parking lot/ R-7.5 4 g ,; 4 '411i ' Residential ,' ,anti- do � - Surroundin Land Uses and ZoningDistricts 10,x,`~" ` ST'. Surrounding f 4. * e -0e North , �� `: Butts Lane Single-family dwellings/ R-7.5 Residential � � South ` a• '' / v,. 4,, RN Bishop Thoroughgood Ave ' ti t Church/ R-7.5 Residential t `` r. East "� (� Y, Single-family dwellings/ R-7.5 Residential f / •' Wests• ,d'ts,a:.: /A% —10"; ., , • 7 1 . s Single-family dwellings/ R-7.5 Residential New Jerusalem Church Agenda Item 15 Page 1 Background and Summary of Proposal • A Conditional Use Permit for the main church at 118 Bishop Thoroughgood Avenue (formerly Erie Avenue) was approved by the City Council on August 13, 1973. • A modification to that use permit was approved in 1982 to allow an expansion that brought the sanctuary to its current size.That use permit added more area to that encompassed by the 1973 use permit, such that it included all of the parcels that are the subject of this request. • In 2006,the church requested another modification to allow an addition to the existing building consisting of offices, Sunday school classrooms, and a multi-purpose room. • The applicant is now requesting a further modification to the Conditional Use Permit for the purpose of improving an existing unimproved parking area, which is located on the north side of Bishop Thoroughgood Avenue.There is no change being requested to the size of the sanctuary. • The subject site consists of six lots, four that front on Bishop Thoroughgood Avenue and two that front on Butts Lane.The lot lines will be vacated as part of this project. • There are two buildings on the site that have been and will continue to be used for church offices and outreach ministry.The yard setbacks for these buildings will be affected by the consolidation of the parcels into one.The table below compares the setbacks applicable to "uses other than dwellings" in the R-7.5 Residential District with what the actual setbacks will be after the lot lines have been vacated. Front Yard Setback Side Yard Setback Rear Yard Setback (in feet) (in feet) (in feet) Required 30 15 15 Building 1 1 Actual 18 5 N/A Building 22 Actual 16 26 N/A 1 Adjacent to Bishop Thoroughgood Avenue 2 Adjacent to Butts Lane 3 Post-subdivision,this site will consist of double-frontage,as the lot width on both Bishop Thoroughgood Avenue and Butts Road will be 200 feet.Thus, there is no rear yard,and the front yard setback is applied to both sides. • The shaded numbers in the table above represent yard setbacks that do not meet those required. • The vacation of the lot lines and consolidation of the parcels into one does not change the degree of nonconformity of the setbacks beyond what already exists for these two structures.There are no additions being made to either building, and they will continue to be used for church offices and ministry. While the setbacks are deficient, they are not effecting the existing degree of nonconformity. Staff finds that as part of this request,these setbacks can be set through City Council action. Per Section 221(i) of the Zoning Ordinance, "City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations" from certain dimensional requirements, one of which is setback requirements. • The remaining area of the site has been used as an unimproved parking lot for the church, dating back to the 1970s.The parking lot has a surface of gravel, dirt, and compacted vegetation. New Jerusalem Church Agenda Item 15 Page 2 • There are currently two access points on Bishop Thoroughgood Avenue and one of Butts Lane.The proposed parking lot will result in the elimination of the westernmost driveway on Bishop Thoroughgood Avenue. The access point on Butts Lane will remain. • The proposed parking lot will provide 44 marked spaces, including two handicapped-accessible spaces in the southeast corner of the lot at the front of the office building. • The parking lot design and construction will meet all applicable City ordinance requirements and standards, including curb and gutter.The surface treatment will a permeable asphalt, which, with infiltration, will also be used as the stormwater management for the parking lot. • The parking lot will be landscaped as required by the Site Plan Ordinance.The submitted plan appears to set aside adequate area for meeting these requirements; however, there may be a need for some adjustments to interior islands during site plan review. lop_ : 7.-\ o� R-7.5 3 v" `' �o / Zoning History e / # Request A. R_7I%% ,mac 1 MOD (Conditions)Approved 08/08/2006 »saeor+� APZ2 �R47i5 % �- cr MOD(Conditions)Approved 07/12/1982 \\ t,, R-R.S� % to 4,14) CUP(Religious Use)Approved 08/13/1973 v `' 2 CUP(Religious Use)Approved 04/22/2003 3 NON Approved 08/14/2007 R- .5 2 \ r,, 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The site is located in the Suburban Area, as designated by the Comprehensive Plan. The Plan (pages 1-61 and 1-62) provides the following guidance regarding the Suburban Area: Our primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. New Jerusalem Church Agenda Item 15 Page 3 To achieve this objective,the following are to be sought in the development of new residential areas and used in the assessment of their compatibility with surrounding areas: • Careful mix of land uses that contributes to the day-today life of our residents; • Site and building design that is visually interesting, encourages greater social interaction, and provides a memorable character; • Compatible infill development; • Accommodate multiple modes of transportation (e.g., pedestrians, bicyclists, and drivers); and • Promote sustainability and responsive to changes in our environment (e.g., sea level rise). Natural and Cultural Resources Impacts The site largely consists of gravel, bare earth, and compacted vegetation.There are no known significant natural or cultural resources associated with the site. Traffic Impacts No change in trip generation is expected since the requested parking lot is to serve an existing church and its ancillary uses.There is no request to expand the church. Public Utility Impacts There are no impacts to the public utility system since the proposed use is a parking lot that will not use City water or sewer. Evaluation and Recommendation The applicant is requesting approval of a modification to an existing Conditional Use Permit for a Religious Use.The modification, if approved,will allow the applicant to improve an existing parking area to a level that meets City ordinances and standards.The development of the parking lot will result in the elimination of one of two existing driveways on Bishop Thoroughgood Avenue,which will reduce traffic conflicts on Sundays and on other days when the number of cars present may be high.The replacement of the current parking area with an improved parking lot will provide an opportunity to manage both stormwater quantity and quality.The current parking lot, primarily consisting of very compacted soil, has no stormwater control, resulting in continual erosion and transport of contaminants within the stormwater runoff, particularly during a storm event when the parking area is being used. The proposal is in conformance with the Comprehensive Plan's recommendations for this area,and is compatible with the surrounding neighborhood.The proposal also meets the AICUZ Overlay Ordinance provisions for the Greater than 75 dB DNL and APZ-2, as there is no increase in the size of the sanctuary proposed with this modification. As noted in this report,the two existing buildings on the site do not meet several of the required yard setbacks for uses other than dwellings in the R-7.5 District.The vacation of the lot lines and consolidation of the parcels into one does not, however,change the degree of nonconformity of the setbacks beyond what already exists. Staff finds that with the approval of this request,these setbacks can be set through City Council action. Per Section 221(i) of the Zoning Ordinance, "City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties,allow reasonable deviations"from certain dimensional requirements,one of which is setback requirements.Staff concludes that there is good cause shown and that there will be no significant detrimental effects on surrounding properties as a result of allowing these setbacks to continue. New Jerusalem Church Agenda Item 15 Page 4 Staff recommends approval subject to the conditions below. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted plan, "Concept Plan, Proposed Parking Lot for New Jerusalem Church,Virginia Beach,Virginia," prepared by Gallup Surveyors& Engineers, and dated June 30, 2016. 2. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department.All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and City streets. Lighting should be directed down at the ground and not horizontally or up in the air. 3. As provided for by Section 221(i) of the City Zoning Ordinance, and upon a finding by the City Council that good cause has been shown and there will be no significant detrimental effects on surrounding properties,the deviations from the required yard setbacks by the two existing buildings located on the site are deemed appropriate. 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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CS 0'' 7:0 New Jerusalem Church Agenda Item 15 Page 6 Site Photos �x i 4' , b 1 ' '*4 t om* r ' 4_,____,_. -4 mmorvmuinw AIiKI i(ii'I illtlli Jlll'fI1SIIli 1P`. ��µ''V 7,, ......- ,.... . v ;mo Ile i ¢ I Int New Jerusalem Church Agenda Item 15 Page 7 Disclosure Statement Uti Virginia Beach APPLICANT'S NAME New Jerusalem Church 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 q Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. e • SECTION 1 / APPLICANT DISCLOSURE FOR C i Y USE ONLY/ i c bt: -es,,ost I i 'atr,C1 t.:�t-:i- s pi iot t:,a'ri Page 1 of 7 ?gar ty rc!i:,.-..:0 t. �:.}r'Uu n;.,the .pplf:,+'.ion,S. JR APPLICANT NOTIFIED OF HEARING E '7,1.1 414/'. *10 0c / ig NO CHANGES AS OF ATE ; •21- (0 ", 10'Iq•I(Q ce) /�'4 P 1 , Stephen White 0 RLVISIONS SUTsM,1-TFD -ATE New Jerusalem Church Agenda Item 15 Page 8 Disclosure Statement g\B Virginia Beach I Check here if the APPLICANT_IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rgCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:New Jerusalem Church 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) See attached church stationary (B) List the businesses that have a parent-subsidiary � or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes! and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:New Jerusalem Church If an LLC, list the member's names: Page 2 of 7 New Jerusalem Church Agenda Item 15 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached church stationary (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. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 New Jerusalem Church Agenda Item 15 Page 10 Disclosure Statement rT„mdr, 2016 2016 2016 Ismael,hail/horoaglgooth Senior Pastor New Jerusalem Church of God in Christ Dr.Yd B.Tharoughgtwd �:•,• ,tet; 118 Bishop Thoroughgood Avenue• Virginia Beach, Virginia 23451 - Telephone(757)425-8431 Fax(757)428-3548 �( Pastoral Executive Team • ✓..J John II.Coston,IV ; Assistant Pastor Donald Wiggins Pastor of Worship Robert Beckett,Sr. Care Pastor Emeritus Samuel Woodhouse Pastor of Business Affairs Joseph R.Spence General Assistant Sylvia Thourogood Assistant to the Pastor Women's Ministry Pastoral Assistant Janice V.Sanderlin Assistant to the Pastor Mable Beckett Assistant to the Pastor 1 Care Pastor Jean Thoroughgood Care Pastor Earnest Plummer Chairman oldie Executive Board Otis O.Thourogood Chairman oldie Deacon Ministries George Darby Assistant Trustee Chairman Leon Fitzgerald Treasurer John Wilson Assistant Treasurer Reuben Williams Clerk of Finance Lynette Cooper Clerk of the Church Phillip Moore Music Department Robert Etheridge Sunday School Department Samuel Gibson YP.W.W. Curtis Hopkins Dean of Education Mark Hayes Youth Department Lealrice Pierre' Missions Department Raymond C.Stith Department of Security Karolyn J.Hairston Printing Department Sharon McAllister Department of Social Affairs New Jerusalem Church Agenda Item 15 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n �!� Accounting and/or preparer of 1 I �� your tax return — Architect/Landscape Architect/ Land Planner XContract Purchaser(if other than /� the Aonlicant)-identify purchaser and purchaser's service providers Any other pending or proposed n m purchaser of the subject property h�1 (identify purchaser(s)and purchaser's service providers) nConstruction Contractors udk6610./d Xxn Engineers/Surveyors/Agents Gallup Surveyors Financing(include current Southern Bank and Trust Company • mortgage holders and lenders holds Deed of Trust(originally held • selected or being considered to by Bank of the Commonwealth) provide financing for acquisition or construction of the property) ® ❑ Legal Services Jeffrey C.Flax,Atty. Real Estate Brokers/ C (�( Agents/Realtors for current and t� 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 C an interest in the subject land or any proposed development t� 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 New Jerusalem Church Agenda Item 15 Page 12 Disclosure Statement Virginia Beach `CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. George Darby, Trustee 7/5/16 APPLICANT'S NATURE 1:111PRINT NAME DATE Page 5 of 7 New Jerusalem Church Agenda Item 15 Page 13 Disclosure Statement 71/413 OWNER Virginia Beach YES LNOJ SERVICE PROVIDER(use additional sheets if needed) MAccounting and/or preparer of your tax return nX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than E the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I I1^ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EV�I Construction Contractors cam, X11 Engineers/Surveyors/Agents Gallup Surveyors Financing(include current IX mortgage holders and lenders selected or being considered to ' provide financing for acquisition or construction of the property) CI I Legal Services Jeffrey C.Flax,Atty. Real Estate Brokers/ U Agents/Realtors for current and U anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n X an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this ,Applic ion. ,// /� George Darby,Trustee 7/5116 PROPERTY. 'ER's SIGNATUR PRINT NAME DAT L New Jerusalem Church Agenda Item 15 Page 14 Item#15 New Jerusalem Church Modification of Conditions 118 Bishop Thoroughgood Avenue District 6 Beach September 14, 2016 CONSENT An application of New Jerusalem Church for a Modification of Conditions(Parking Lot for Religious use approved by City Council on August 8, 2006)on property located at 118 Bishop Thoroughgood Avenue, District 6, Beach. GPIN: 2417-53-5550-0000; 2417-53-6457-0000; 2417-53-5356-0000; 2417-53-4482- 0000; 2417-53-6413-0000; 2417-53-5389-0000. CONDITIONS 1. The site shall be developed in substantial conformance with the submitted plan, "Concept Plan, Proposed Parking Lot for New Jerusalem Church,Virginia Beach,Virginia," prepared by Gallup Surveyors& Engineers, and dated June 30, 2016. 2. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department.All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and City streets. Lighting should be directed down at the ground and not horizontally or up in the air. 3. As provided for by Section 221(i)of the City Zoning Ordinance, and upon a finding by the City Council that good cause has been shown and there will be no significant detrimental effects on surrounding properties,the deviations from the required yard setbacks by the two existing buildings located on the site are deemed appropriate. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 15. 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#15 New Jerusalem Church Page 2 By a vote of 7-0,the Commission approved item 15 for consent. Trustee George Darby appeared before the Commission on behalf of the applicant. Ol 1 1111111111 - Lel !_ r1. llia. 1ii p • 03N"V fitX • • 11 /I •• alt Cr /1 C� . r_� to_ \ I I ire III 1 100La 1 , (i ��. M �F f W r... ILO Iiii .„4................11! \\::, \Site Crl r.... ---; i j.._ 1 ili ,5 .i i '� �� fir--__ - J , i 1 ,NU 16k4 y ro , 46 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH RECYCLING, INC. [Applicant] BENJAMIN ROD RODRIGUEZ & MICHAEL RODRIGUEZ [Property Owner] Conditional Use Permit (Solid Waste Management Facility — Construction & Demolition Materials Recycling Facility) 2544 & 2522 Aviator Drive (GPINs 1495868669 & 1495962583). COUNCIL DISTRICT— ROSE HALL MEETING DATE: November 1, 2016 • Background: The applicant proposes to use the site for a construction and demolition materials recycling facility. The use falls within the Zoning Ordinance's definition of a solid waste management facility. The site is located within Oceana South Industrial Park, which was originally rezoned for industrial uses in 1986. The rezoning was modified in 1995 related to parking locations and sign guidelines and again in 2002 that established new site development standards. The site development standards are applicable to the applicant's proposed development, superseding those of the Zoning Ordinance for the 1-2 District. There are two buildings proposed for the site, one will contain offices in the front portion of the building and a three-bay repair shop in the rear portion, and a second will be used for the processing of the construction and demolition debris into recyclable materials. The application notes that the facility will employ roughly 6 to 12 persons. • Considerations: In Staffs view, the use is appropriate in this location, compatible to the adjacent uses, and consistent with the recommendations of the Comprehensive Plan for Special Economic Growth Area 2—West Oceana. The nature of the operation with regard to the need for removal of construction and demolition debris after a natural disaster provides a service that increases the ability of the city to recover in such situations. Conditions are recommended that prohibit the proposed fence and landscaping from being located within existing easements, and address the design and exterior building materials. Further details pertaining to the request, as well as Staff's evaluation of the application, are provided in the attached Staff report. There was no known opposition to this request. Virginia Beach Recycling, Inc. Page 2 of 2 • 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. Except as modified below, the site shall be developed in substantial conformance with the submitted plan, "Conceptual Site Plan Exhibit, Tidewater Green, Virginia Beach, Virginia," prepared by WPL, and dated June 30, 2016. 2. Fencing for the site shall not be located within the required 30-foot front yard or within any of the drainage and maintenance easements dedicated to the City of Virginia Beach, as shown on the plan referenced in Condition 1 as well as the submitted site survey, "Survey Exhibit, Lot-1 and Lot 12, Oceana South Industrial Park," prepared by WPL, and dated June 28, 2016. There shall be no barbed-wire, razor-wire, or similar installed on the fencing. 3. A Category IV Landscape Buffer shall be installed along the eastern side of the site. Said buffer shall not be installed within the drainage and maintenance easements referenced in Condition 2. 4. The building on the site labeled as "Office/ 3-Bay Repair Shop" on the plan referenced in Condition 1 shall substantially adhere to the one of the two submitted elevation drawings, labeled as "Virginia Beach Recycling - Office and Repair Shop Building 1 (and Building 2)."The exterior building materials shall be as specified on the drawings, except that the exterior material for the first floor level shall consist of brick or split-face block on the front façade and on at least 25 percent of side facades. 5. The structure on the site labeled as "Shingle / C&D Building (C&D Area)" shall substantially adhere to the structure shown on the submitted photographs, labeled "Virginia Beach Recycling - Shingle / C&D 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 City Manager 1� Applicant Virginia Beach Recycling Agenda Item Property Owner Benjamin Rod Rodriguez & Michael Rodriguez 1 2 AB Public Hearing September 14, 2016 Virginia Beach City Council Election District Rose Hall Request faAYq, / Conditional Use Permit (Solid Waste a�R,a 'fix Management Facility—Construction & Demolition Materials Recycling Facility) APZI iocoo A�btor O >7t L Staff Planner - Stephen White LocationePasture Road 2544 & 2522 Aviator Drive PZ2 Dam?, �" �� GPINs 1495868669 and 1495962583 \ Site Size - 70-75dBDNL 41,4 ` 11.4 acres "o, AICUZ P Greater than 75 dB DNL Existing Land Use and Zoning District0. °.t�` Undeveloped site /Conditional 1-2 Industrial � • , Surrounding Land Uses and Zoning Districts ' ;u'iator> riiu N.,.4.= ° North ...ti is Wooded undeveloped site/Conditional 1-2 �.. WA ; I o Industrial (Oceana South Industrial Park) "� IP' _ South I o Vacant parcel/Conditional 1-2 Industrial `•17 !�- ��. ` Undeveloped sites/AG-2 Agricultural & B-2 4,- . —L°"do►tnow er;d"' Business g�Rood Business P East �o � aS:Z"°R'ad, Hornet Drive :ti , Naval Air Station Oceana/ 1-2 Industrial '' Bi ' West Aviator Drive Warehouse and shipping/Conditional 1-2 Industrial Virginia Beach Recycling Agenda Item 12 Page 1 Background and Summary of Proposal • The applicant proposes to use the site for a construction and demolition materials recycling facility.The use falls within the Zoning Ordinance's definition of a solid waste management facility. • The site is located within Oceana South Industrial Park, which was originally rezoned for industrial uses in 1986. The rezoning included seven conditions. Condition 5 consisted of a list of 11 items that established yard setback, landscaping, buffering, lighting, and other aesthetic requirements that were included in a set of design guidelines that were part of the City's'AICUZ Industrial Policy,'which had been adopted by the City Council earlier that year. Many of the requirements were more restrictive than those of the Zoning Ordinance for the 1-2 Industrial District. For example,the 1-2 District has a side yard setback of zero feet; however,the side yard setback required by the rezoning condition was 30 feet. • The 1986 rezoning was modified in 1995, primarily for the purposes of deleting a prohibition against a parking lot being located in front of a development as well as adding a condition requiring development within the industrial park comply with a new set of sign guidelines for the park that had been drafted that year. • On October 29, 2002,the City Council approved a second modification of the rezoning.The modification replaced all of the prior conditions with one proffer that provides site development standards'for the industrial park, many of which are the same as those of the original rezoning. • The site development standards of that proffer are applicable to the applicant's proposed development, superseding those of the Zoning Ordinance for the 1-2 District. Site Design • The development site is configured such that the largest area for development is located at the rear,450 feet from Aviator Drive.A 270-foot wide portion of the parcel runs from Aviator Drive to the larger area.The western side of the parcel narrows to a 75-foot portion that fronts on London Bridge Road.A one-foot no-ingress/egress easement is located along this frontage, prohibiting access to and from London Bridge Road. • Delivery trucks and employees access the site via a driveway located on Aviator Drive.There is a gate at the driveway entrance that secures the site when the facility is not in operation.The driveway provides access to a parking area located between the fence and the main office building as well as a drive aisle that runs parallel to the northern lot line and connects to the main facility.At the main facility,the construction and demolition materials are unloaded, processed into a product that can be recycled for other purposes,and then transported from the site. • The applicant notes that the facility will employ roughly 6 to 12 persons with typical hours of operation of 7:00 a.m.to 5:00 p.m. Monday through Friday and 7:00 a.m.to 2:00 p.m. on Saturdays. • An eight-foot high chain-link fencing system completely encompasses the facility.The only portion of the site that is not fenced is the area shown on the submitted plan as'Conceptual BMP Location.' In addition to the driveway gate,there are three gate openings,two along the eastern fence and another at the northern end of the Conceptual BMP Location.The openings allow access to the easement area along the eastern lot line and the Conceptual BMP Location for maintenance. • A portion of the fence encroaches into the 30-foot front yard setback established by the 'development standards' of the 2002 conditional rezoning. No fence over four feet in height is permitted in a front yard. Accordingly, a condition of the Use Permit is being recommended that requires the fence to be located behind Virginia Beach Recycling Agenda Item 12 Page 2 the front yard setback line. • Additionally, a portion of the fence along the southeast side of the site encroaches into a 20-foot wide City maintenance easement, which parallels a 30-foot wide City drainage easement.There is also a small portion adjacent to Hornet Drive that encroaches into the easement.This portion of the fence must be moved at least 20 feet into the site such that the fence is not located within the easement. • The proposed site plan shows a Category IV landscape buffer located immediately inside the fence along a portion of the eastern side of the site as well as along a portion of the eastern edge of the 'Conceptual BMP Location.' (Note: Category IV buffer consists of evergreen trees branching to the ground or a combination of trees and shrubs that accomplish the same). • The area where the buffer is shown is adjacent to property zoned AG-2 Agricultural; however,there is no screening requirement for property zoned industrial that is adjacent to agricultural.The Zoning Ordinance also does not specify a screening requirement for a solid waste management facility. Staff, however,finds that the type and intensity of the use calls for the installation of at least a Category IV landscape buffer along the entire eastern property line.Accordingly, a condition of the Use Permit is being recommended that requires such a buffer. Building Design • There are two buildings proposed for the site.The first building will be located 100 feet from Aviator Drive and will contain offices in the front portion of the building and a three-bay repair shop in the rear portion.The second building will be located at the rear of the site and will be used for the processing of the construction and demolition debris into recyclable materials. • The applicant has submitted two alternative building designs for the office/repair shop. Both are typical of light industrial office-warehouse style structures.One elevation shows the office portion having a brick exterior with the repair shop having an exterior of metal panels.The other elevation shows a building with an exterior of metal panels.To be compatible with the buildings on Aviator Drive, Staff recommends that the first floor of this building and at least 25 percent of the sides at the first floor level have a brick or split-face block exterior. Accordingly, a condition of the Use Permit is being recommended that requires such exterior treatment for this building. • The building for the construction and demolition debris will consist of an engineered, clear-span tension structure covered by a fabric membrane.The structure will be engineered to meet Building Code requirements, including wind load. Virginia Beach Recycling Agenda Item 12 Page 3 Zoning History 5 # Request 41 CUP(Craft Brewery) Pending Action at City Council !a 2 2 CRZ(AG-1&AG-2 to Conditional I-1)Approved \ ii��/ /� 05/14/2002 l*'"""1111111IR ..s- , --- •ond!1-2 MOD(Proffers)Approved 09/14/2004 12* i • . dA ' 3 CRZ(AG-1,AG-2& R-20 to Conditional I-1)Approved » eo'� 1 I-2' I-2 11/23/2004 c / 4 CRZ(AG-1&AG-2 to Conditional I-1)Approved i 05/05/1986 ConaonBta rid �' MOD(Conditions)Approved 06/27/1995 ge Road _ ,+ 5 CRZ(AG-1 &AG-2 to Conditional 1-2)Approved s�orse pas i _r' 05/05/1986 ,— i i MOD(Conditions)Approved 06/27/1995 L 1.1� ,,, 6 CRZ(I-1& I-2 to Conditional I-2)Approved L R-20 �� 10/29/2002 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 site is located in an area designated by the Comprehensive Plan as Special Economic Growth Area (SEGA) 2 -West Oceana. SEGA 2 is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potters Road. It includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. Much of this area is subject to Navy restrictive easements and all of this area is within AICUZ greater than 70dB DNL. Natural and Cultural Resources Impacts The area is located within the Chesapeake Bay watershed. The site is a grassed field with areas of mid-size trees. There does not appear to be any significant natural or cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Aviator Drive No Data Available 6,200 ADT'(LOS°"C") Existing Land Use 2—0 ADT 9,900 ADT'(LOS 4"D") Proposed Land Use 3-34 ADT 'Average Daily Trips 2 as defined by vacant 3 as defined by 34,700 SF of general 4 LOS=Level of Service undeveloped site light industrial use Virginia Beach Recycling Agenda Item 12 Page 4 Public Utility Impacts Water&Sewer The site must connect to City water and sewer. There are eight-inch water and sewer lines located within the Aviator Drive right-of-way. Evaluation and Recommendation The applicant is requesting a Conditional Use Permit that will allow development of the subject site for a facility that processes construction and demolition debris into material that can be recycled for other purposes.The use is appropriate in this location, compatible to the adjacent uses,and consistent with the recommendations of the Comprehensive Plan for Special Economic Growth Area 2—West Oceana.The nature of the operation with regard to the need for removal of construction and demolition debris after a natural disaster provides a service that increases the ability of the city to recover in such situations.The size of the facility does not overwhelm the site or the infrastructure of the surrounding area.The size,type, and style of the proposed buildings are appropriate to an industrial use and compatible to the surrounding buildings.The hours of operation are consistent with the operating hours of businesses in the surrounding area. As noted in the Background and Summary section of this report,the fence encroaches into the required front yard as well as into the City's drainage and maintenance easements; therefore,the site layout will need to be adjusted prior to the site plan being submitted to the Development Services Center. A condition of the Use Permit is being recommended that prohibits the fence and landscaping from being located in the easements. The site's location within the Oceana South Industrial Park provides it with access to a stormwater infrastructure system that was required as part of the original rezoning of the park. Development of the site, however,will need to meet stormwater management regulations. Based on the findings above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. Except as modified below,the site shall be developed in substantial conformance with the submitted plan, "Conceptual Site Plan Exhibit,Tidewater Green,Virginia Beach,Virginia," prepared by WPL, and dated June 30, 2016. 2. Fencing for the site shall not be located within the required 30-foot front yard or within any of the drainage and maintenance easements dedicated to the City of Virginia Beach, as shown on the plan referenced in Condition 1 as well as the submitted site survey, "Survey Exhibit, Lot-1 and Lot 12, Oceana South Industrial Park," prepared by WPL, and dated June 28, 2016.There shall be no barbed-wire, razor-wire, or similar installed on the fencing. 3. A Category IV Landscape Buffer shall be installed along the eastern side of the site.Said buffer shall not be installed within the drainage and maintenance easements referenced in Condition 2. 4. The building on the site labeled as"Office/3-Bay Repair Shop" on the plan referenced in Condition 1 shall substantially adhere to the one of the two submitted elevation drawings, labeled as"Virginia Beach Recycling- Office and Repair Shop Building 1 (and Building 2)."The exterior building materials shall be as specified on the Virginia Beach Recycling Agenda Item 12 Page 5 drawings, except that the exterior material for the first floor level shall consist of brick or split-face block on the front facade and on at least 25 percent of side facades. 5. The structure on the site labeled as "Shingle/C&D Building (C&D Area)" shall substantially adhere to the structure shown on the submitted photographs, labeled "Virginia Beach Recycling-Shingle/C&D Building." Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Virginia Beach Recycling Agenda Item 12 Page 6 Site Survey -IIR2 : 41c al;4'",•7114z.,...,, "'I < - >.: t s 0: „=. 0 / _E ' • = < ''ii 1 if ltII /E 1 f; =,.= - 2 11 ! i _. I EtaNii=; 1, 11 ?,,T1 , : :!4!v 41:1;,iNI Is; i r,, - • 1 I D iiIfIgl till;PP 1;*'1. : ' A ii114;!'4/1o1 4;1''1 -1?-eq' 1 1 101 ;;!! 4111-1111 Ili R.11 :igi li i,le tolig) lit : 6.3,1,5:igi: tii.11` i! Ifrof!itillitligi%lel 1 - I• I ' .I '' ; ' N; w 0(24i1;14i,:zik ,1-ligiiiibliiiliig. . _., t,,..5 • r . ' r 0 , ,e,ii, : j-•i i i 'Ii I t 18 if_aI -I fpi •- 7 t 'iilgt -I . „ r i i I ,•, 4 , / I i • I I ' ' , • 4, . • ., is,S. /4' ', • .. 4 . 1 g . a I'• — -- — - , istit Of if* A I Ard rar•I 5 *4.1. ' ,. 1 iti, il t, h.l.'45,'S. R ,ia; • gos 1 , Riff, 3.0e.r0,11 Il ., .r..4" ...; ; . • , a. .1 . .01 .1CMH,II - - v._ -- -— -I - . , ,I;117' :Zs g Virginia Beach Recycling Agenda Item 12 Page 7 Proposed Site Layout F. fit, 5s. o,...8.„_..,,,. 04 tO <0 r. ' fz'oroira,j", I; K th d ui 1 a i 1 z Ililit 8 l .4: ir 4 , 11IriI ••-, ..k i ? R, — , , r -,- •„. iv- . '' 1 1"til 'i Iti4 11 1 !I iri ! , I: , , . .i W; s - sit;i , ' '' • ,../ /1 ,; , Lu s _k f , : -1- I ., •=.1 i . . , 1 ; - 1 T ' . • '^i ,----- W '2 > ..„ CC i =p .:i '''' ' -- 41, •, 1 -,.b.,,f-„, u) • ,, . , ii 7 ,('''•it' i i A•-,-,_, i i T 0. i' ') ,,,„ ..sews J,- -t' ,-, U) F— 1—t; a Z 0 E r' 1111 I 2: Z f, &I ill i Ill t-- f . '-. ; x — w LLI x, L I lit ,, i 1 1 ','',',t-s-' , yr.J a.m.+N , 1 I CC 0 . ..:,-A.< CC 1111...M11.11 r. r`l - --.10 .• 1.— ' .;: ••J 0 5<..? 'I'§;.I•Ite4 1, i'1 t I 14 .(••.‘ ..,::, '',----f -- (1 ..?.W , ... . ( r • 7 . # .... i l. . ,,,,, • , «, ' A o ._: 4r. - - - i i If' Virginia Beach Recycling Agenda Item 12 Page 8 Proposed Elevation 1 — Office/Repair Shop PEMB MTL PANELS PEMB ROOFING METAL PANELS OVER 8" CMU 2 HR FIRE SIGNAGE SEPARATION WALL GARAGE EAVE oh, ELEV.= +24'-04 I / OFFICE EAVE f ELEV.= +14'-0" J t - -- TOP OF PARAPET WALL ELEV.= +12'-O". BOTT OF CANOPY ©Pi M!� r r 4"x4" DOWN SPOUTS AND 1' CONT. GUTTER (TYP.) _ FIN. FLR h WINDOW ALUM. DBL. BRICK ROWLOCK (TYP.)- BRICK CANOPY PILASTERS GLAZED (TYPICAL) 2" EIFS AT CANOPY ACCENT BRICK (COLOR #2) FRONT ELEVATION BRICK (COLOR #1) 1/8" = 1. 0„ NOTE: COORDINATE ALL EXTERIOR COLORS AND FINISHES WITH OWNER. PEMB —4'-O"x4'-0" POWERED LOUVER WI ROOFING BIRDSCREEN, 1)1" INTEGRAL FLANGE AND GRAVITY DAMPER. GREENHECK GCI-402 LOUVER OR EQUIVALENT �-I/' GARAGE EAVE Al ' 4"x4" DOWN 4 e4 SPOUTS AND CONT. GUTTER 1.. (TYP.) mss- - PEMB INSULATED i - MTL PANELS - T SPLASH BLOCK (TVP.) 4_ = FIN. FLR ELEV.= 0'-0"10 REAR ELEVATION 1/8" = 1'-0„ Virginia Beach Recycling Agenda Item 12 Page 9 Proposed Elevation 2 — Office/Repair Shop ME PINNN6 EN.NORM PRNMED ENAPNERM.,4 . yT.._ � -� M T 6:010AWN .T FVE G..^ER ^ _ 'I I _ �-��'+ 'l _.__._... TOPO. R-OT— WINDOW J v,v' -.cEwa..Raa.nonrtw . SONARDENTE C TYRA-NEI. iII ..— I - R,5 SECOROFLOOR , 17-0 • ,coxwnSPwamE �.. 1 1 I: ' 1,1 .., \ I FIRS?FLOOR - FTOR CMIOIf--' Cp.,.R'pa 'IN EP...ERbMEI.EL RiEth 66 AN.ROSPNG Ea GALE 661DSENAE• SMED ERG K HEAVE ` 4 `� z mNR,�.ARE --- _-- ,1 , f SECOND FLOOR 7 0"S —4 is ROA 6RE. rtni _ 11! 4. • ` -. FIRST FLOOR A. Virginia Beach Recycling Agenda Item 12 Page 10 Proposed C&D Processing Building gt 42tio. atr„,.. r.„.,,,„ „,... __,_ ,,,„,,,„.„,....„,., , r z mire(riii,frer , ,,..i,..;,.'4,- - 1 , '--47e-rylita i t f f f• _ I - i I 6 .,y .., ,,.. CIN ii , , 1 "� . .. _ ,. . , 0......�,i-sir.....,.... 4sleani;jiai*. 11 M r ._ ... . . Atilitsititi , Virginia Beach Recycling Agenda Item 12 Page 11 Site Photos • • - AVAILABLE 115E21 f 4 ..... 4IW 644AWNSINFINENt` 11414v '4.1k4 4411e, • • • Virginia Beach Recycling Agenda Item 12 Page 12 Disclosure Statement 113 Virginia Beach APPLICANT'S NAME Virginia Beach Recycling, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/t-t i t lo..tt, I c updat,I t c it s pre •t any 1 Page 1 of 7 -1'Gnn, n d_,ty C. 1'10 Cr: t q that 1_ct _inti I tfr nPFL-.nt v i.5i ® APPLICANT NOTIFIED OF HEARING C E. 7/1/15 • Xu NOCHANGES L 8/29/16110 01.01.1,001.1,0' RE Stephen White REVISIONS SU6MIT7ED , Stephen Virginia Beach Recycling Agenda Item 12 Page 13 Disclosure Statement Virginia Beach n 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:Virginia Beach Recycling, 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) James A. Warren, Director; Danny Meeks, Director (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 1 / SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner is different from Applicant. Inl Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach Recycling Agenda Item 12 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship'. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Virginia Beach Recycling Agenda Item 12 Page 15 Disclosure Statement :\53 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 11 X Accounting and/or preparer of your tax return I J Architect/Landscape Architect/ WPL f,\' ' J Land Planner Contract Purchaser(if other than nf X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors I 1 Engineers/Surveyors/Agents WPL Financing(include current Monarch Bank/TowneBank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon,Ahern&Levy or R.J. Nutter Real Estate Brokers / Harvey Lindsay Commercial Real X — Agents/Realtors for current and Estate:Robert Beasley,Jr.&Charles — anticipated future sales of the L.Dickinson 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 C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Kathy Warren, Strategic Growth Area Manager,Virginia Beach; Married to James A. Warren - no legal interest in Virginia Beach Recycling, Inc. Page 4 of 7 Virginia Beach Recycling Agenda Item 12 Page 16 Disclosure Statement 11/41f3 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.� James A.Warren, Director APPLILAF I S SIGNATURE —PRINT NAME DATE 1 Virginia Beach Recycling, Inc. Page 5 of 7 Virginia Beach Recycling Agenda Item 12 Page 17 Disclosure Statement Vii OWNER Virginia Beach YES NO 1 SERVICE PROVIDER(use additional sheets if needed) — ix Accounting and/or preparer of your tax return Ll n Architect/Landscape Architect/ I 1,\' Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C >/ purchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) nInl Construction Contractors nn Engineers/Surveyors/Agents TowneBank Financing(include current X n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers/ Harvey Lindsay Commercial Real n nAgents/Realtors for current and Estate:Robert Beasley,Jr.&Charles anticipated future sales of the L.Dickinson 1 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 1-1 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 6 of 7 Virginia Beach Recycling Agenda Item 12 Page 18 Disclosure Statement ° ifa. "zr t v . R re.P7 ... tfri } ti "� /7' .- , '* �a � c T•� .a,f' I fes' Y _ • w+, CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /J J Benjamin Rod Rodriguez PROPERTY OWNER'S*CNATU'= 4 PRINT NAME DATE II z/ 14 EL V. I<Oni L-i u 2 MiQbaQ!V,6Q riQ QZ -7/r/z.a/ f IAI, r rvl Ili {• 1 Page 7 of 7 Virginia Beach Recycling Agenda Item 12 Page 19 Item#12 Virginia Beach Recycling, Inc. Conditional Use Permit 2544&2552 Aviator Road District 3 Rose Hall September 14, 2016 CONSENT An application of Virginia Beach Recycling, Inc.for a Conditional Use Permit(Solid Waste Management Recycling Facility) on property located at 2544&2552 Aviator Road, District 3, Rose Hall. GPIN: 1495- 86-8669-0000; 1495-96-2583-0000. CONDITIONS 1. Except as modified below,the site shall be developed in substantial conformance with the submitted plan, "Conceptual Site Plan Exhibit,Tidewater Green,Virginia Beach,Virginia," prepared by WPL, and dated June 30, 2016. 2. Fencing for the site shall not be located within the required 30-foot front yard or within any of the drainage and maintenance easements dedicated to the City of Virginia Beach, as shown on the plan referenced in Condition 1 as well as the submitted site survey, "Survey Exhibit, Lot-1 and Lot 12, Oceana South Industrial Park," prepared by WPL, and dated June 28, 2016.There shall be no barbed-wire, razor-wire,or similar installed on the fencing. 3. A Category IV Landscape Buffer shall be installed along the eastern side of the site.Said buffer shall not be installed within the drainage and maintenance easements referenced in Condition 2. 4. The building on the site labeled as"Office/3-Bay Repair Shop" on the plan referenced in Condition 1 shall substantially adhere to the one of the two submitted elevation drawings, labeled as"Virginia Beach Recycling-Office and Repair Shop Building 1 (and Building 2)."The exterior building materials shall be as specified on the drawings, except that the exterior material for the first floor level shall consist of brick or split-face block on the front façade and on at least 25 percent of side facades. 5. The structure on the site labeled as "Shingle/C&D Building(C&D Area)" shall substantially adhere to the structure shown on the submitted photographs, labeled "Virginia Beach Recycling-Shingle/ C&D Building." A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 12. AYE 7 NAY 0 ABS 0 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT Item#12 Virginia Beach Recycling, Inc. Page 2 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 12 for consent. Rob Beaman appeared before the Commission on behalf of the applicant. I tie: [lii CU I 0 c S , .. 04 C?ca 1---, r, ....._,, .,. _........, __......_ ,... ... ., ._. 0 ‘a nu 0A , eN ping_ti__ __ . -143 - . c ii) % CSI 1 11,0 vi• re 4 ), ' 0 •ck ..._, b, N 4.. . C--" --- '/' ,.. et ....„ . , ..,, \... -,,,,,,, ..,, tli cd AL CD•13, . my ,fr . ..... _........... 441.4,- ----------.. ____..... .„ . 46..._.. , . ...,...., .._ _ fly. ofii . - ---- . ---- , a - '---- . , . . - / i -,..,._ ..... A ',..,.. rprA;44 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANCIENT ART TATTOO STUDIO IV, LLC [Applicant] VILLAGE ASSOCIATES, LLLP [Property Owner] Conditional Use Permit (Tattoo Parlor & Body Piercing Establishment) 2605 Virginia Beach Boulevard (GPIN 1497642786). COUNCIL DISTRICT— BEACH MEETING DATE: November 1, 2016 • Background: The applicant requests a Conditional Use Permit for a Tattoo Parlor and Body Piercing Establishment within an existing unit in the Village Shopping Center, at the intersection of Eureka Avenue and Virginia Beach Boulevard. No changes are proposed to the 1.60-acre site or to the exterior of the building, with the exception of signage proposed above the entrance. • Considerations: The proposed request, Staff believes is consistent with the Comprehensive Plan's land use policies for the Lynnhaven SGA and is consistent with the commercial nature of the surrounding properties. The addition of a tattoo studio at this location is not anticipated to have any negative impact on the existing tenants in the building nor to the existing traffic patterns in the vicinity, including the nearby intersection of Lynnhaven Parkway and Virginia Beach Boulevard. The applicant suggested a minor adjustment to Condition 3 regarding the use of neon within individual channel letters, which both Staff and the Planning Commission approved. 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. ■ 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. 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Ancient Art Tattoo Studios IV, LLC Page 2of2 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- • - •ency: Planning Departmend:02------ City Manager: y, INBApplicant Ancient Art Tattoo Studio IV, LLC Agenda Item Property Owner Village Associates, LLLP Public Hearing September 14, 2016 2 City Council Election District Beach Virginia Beach Request '6570 d8 ONL Conditional Use Permit(Tattoo Parlor& Body Fe �d� i /� w,v� none ",,6 Piercing Establishment) ° +, Staff Planner 70.75 dBONL ta [r ��4,/A Oconee 6., AP/2 Robert Davis a.,yse, ei « c o >75 d8 ONL O Location s 1 1. .,>` Rave i Road 2605 Virginia Beach Boulevard Nee*oodD,We s` —,ynornerC CRP. i° 71 I south tee Boulevard m GPIN i o, o� o; Dean Drove "^'ems �+✓' 5 1497642786 Ja .dr An.lane ",,,,, 1ik ",,. 1C2 Site Size 4,,,„ ar Bartell € 1.6 acres A, ` a ,,,,„,,,N.,1 4 AICUZ Greater than 75 dB DNL Existing Land Use and Zoning District Mixed retail/B-2 Community Business Surrounding Land Uses and Zoning Districts creta ,, ,' �' 'I ► North • • ''''''-71'.' he ;� `` . A, �, Virginia Beach Boulevard Multi-family dwellings, single-family dwellings/ .� - . . ... A-18 Apartment,A-12 Apartment _ = South r , — .. Single-family dwellings/R-7.5 Residential . . Qom.. • a . '; r East fr a RI - Eureka Avenue a r Auto repair B-2 CommunityBusiness ter-' `" (� l ri _ Haven Roid ';ts West ® - 14111 . Haven Road Auto display/B-2 Community Business --r ~ - k r "' Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor and Body Piercing Establishment within an existing unit in the Village Shopping Center, located at 2605 Virginia Beach Boulevard. • No changes are proposed to the 1.60-acre site or to the exterior of the building, with the exception of signage proposed above the entrance. • According to the application, the interior space will include up to six work stations. The hours of operation are proposed as 10:00 a.m. to 10:00 p.m., seven days per week. • Since 2010, the applicant has operated a tattoo studio in Virginia Beach located at 4978 Cleveland Street and is familiar with the specific standards for hygiene and certification that are set forth by the Virginia Department of Health. `,�9in7a _ edch @ L e4je�r p�y j cf m B-2 4 r Zoning History .,,a,oN ,,• //IF, # Request /E C Ea i CUPA ( utomobile Storage)Approved 04/11/1995 R-7.5 d 1=1A-7 5 1.1 ®C A-12 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 Lynnhaven Strategic Growth Area as identified by the 2016 Comprehensive Plan and the Lynnhaven SGA Master Plan. The Plan designates the subject site as one of the Highway-Oriented Retail areas consisting of office and retail uses.The long term vision is to slowly transform the aging or underutilized commercial properties into a higher-intensity, pedestrian-friendly employment and lifestyle center with AICUZ-compatible uses. Natural and Cultural Resources Impacts The property is located within the Chesapeake Bay watershed and more specifically within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. The 2015 FEMA maps indicate that the western third of the site is within the AE Flood Zone. As no new development is proposed with this request, Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 2 there are no special environmental reviews required.There does not appear to be any significant cultural features associated with the site. Traffic Impacts Straet Name Present volume Preset opacity seneratirftrAft No change is expected from the 56,240 ADT'(LOS°"D") number of trips generated by this Virginia Beach Boulevard 45,100 ADT' 64,260 ADT (LOS 4"E") use occupying an existing unit within a shopping center 'Average Daily Trips a LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is designated as a major arterial with up to eight lanes with a shared use path and sidewalk, a landscaped median, and curb and gutter.There are no roadway CIP projects in the vicinity. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor and Body Piercing Establishment is consistent with the Comprehensive Plan's land use policies for the Lynnhaven SGA and is consistent with the commercial nature of the surrounding properties.According to Traffic Engineering Staff,the addition of a tattoo studio at this location will have no impact on this site nor to the nearby intersection of Lynnhaven Parkway and Virginia Beach Boulevard. As the proposed tattoo parlor will be located within an existing unit in the commercial strip center, no exterior changes to the building or to the site are proposed. Staff recommends a condition to address signage,consistent with other similar and recent applications. Prior to operating on the site,the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections,cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application,subject to the conditions below. Recommended Conditions 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,or electronic display signs or accents, installed on any wall area of the exterior of the Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 3 building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 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. Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 4 Proposed Site Layout 6. . R a 01,- .x oittri el ' 4 * ' RCEr *r Lt.' 4 1P:7 -1:. _ ,i ii. 1 1'i'1 1' 11114'' i . ..* E r ''1. «.,*,- re 4 tii • r , ? ',, sr- , r 4, AP. j�. .'- �, } fi R,s= , E .04o Or I , 11 xJ, 1; 1, j41. Wa 1111 ,s ;I 1 J . / / / r:a 1 . s Site Photos Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 5 '., •,i,kft,';',----z;. )•- . .r.., ,,, , .. . ,:,-..,',-,::-' L _1.7.\','ill *• = __....... ---- ,---a •.- ' 5.;,- -* r... ' 41111 445sw, E,4tn,!- ,,.r 4 4,74",:. =r2011110• . • * ..N. --"--11=t•.. ''•P., •'-- t' ilti'cf k-',-sr:.. .411..c...—',,,N.'-"- .,- 1 ' - , 1, . : FOR LEASE ,.... - ---. ,-.t , _ I - , ., k e , ••Ek 1 . s Pi AM i"1" - __. . a _ -- . , Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 6 Disclosure Statement 1/3 Virginia Beach APPLICANT'S NAME 4ej ±j\-F Tc4+c 5-1-cJ iL(- DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by Cit Property r Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. .eats Certificate of Floodplain Variance Appropriateness --- Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Bo, Vonditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosuies must be updated two(2)t.eeks prior to any Page 1 of 7 Plannin• ommission and City Council meeting that pertains to the application(s)... t] APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE' /r�GG�ae>// 1 Robert Davis i.J REVISIONS SUBMITTED DATE Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 7 Disclosure Statement Virginia Beach l l Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ancient Art Tattoo Studio IV,LL( If an LLC, list all member's names: Ancient Art Tattoo, Inc. , T)k-Cre s II•4 If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ) or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) The following entities are affiliated through common control: Ancient Art Tattoo Studio I,LTD,Ancient Art Tattoo Studio II, LTD Ancient Art Tattoo Studio III,LTD,Ancient Art Tattoo Studio IV,LTD,Tattoo Art, I 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. IA 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:Villae Associates, LLLP If an LLC, list the member's names: Roo*"en w. �3 reedei4, ; 4par J e`'firr 5�Ir+c. j 6reeden -1Jede P►o,en Co, p. Page 2 of 7 Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 8 Disclosure Statement 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 entityrelationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(1i)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. 1 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject Qf the application or any business operating orb°be Qperated on the Properly. 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 Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 9 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if I needed) nn Accounting and/or preparer of Harry Jernigan,CPA Attorney,P.C. your tax return ® Architect/Landscape Architect/ Land Planner C Contract Purchaser(if other than IX the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed 1-1 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) XI Construction Contractors X), Engineers/Surveyors/Agents Financing(include current (� (u mortgage holders and lenders I I/VI selected or being considered to provide financing for acquisition or construction of the property) EEl Legal Services Pender&Coward,P.C. Real Estate Brokers/ nAgents/Realtors for current and anticipated future sales of the subjectproperty 1 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 CI 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 Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 10 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure S'atem'nt Form is complete,true, .ind accurate. ;I understand that, upon rec lot of notification 'hat the 'application has been ..,>cheduled 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 i Application. _ i ,M:ANT'SS'Lt;4i0'E _ 1i00i7t:4.IE _ I "Ai E ___ . ':n.-. :, of7 Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Sher �4 5�,cam H your tax return ,C A nIX 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 (identify purchasers)and II\\�� purchaser's service providers) II W Construction Contractors Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders 11 selected or being considered to Towne Bank provide financing for acquisition or construction of the property) Legal Services 1�qr IZ . I��r kQY J r. ,?c. Real Estate Brokers/ 1-1 Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 Ancient Art Tattoo Studio IV, LLC Agenda Item 2 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 meetin of any public body or committee in con ection with this G A plication. ✓f/iC 45.Soe: 1 lKi PRINT NAME DATE .1111111111111 Page 7 of 7 Ancient Art Tattoo Studio IV, LLC Agenda Item 2 Page 13 Item#2 Ancient Art Tattoo Studio IV, L.L.C. Conditional Use Permit Tattoo Parlor& Body Piercing 2605 Virginia Beach Boulevard, Unit 104 District 6 Beach September 14, 2016 REGULAR Jeff Hodgson: I will ask the Secretary to please call the first item. Let's just give everyone a few seconds to clear out. Jan Rucinski: The first item on the agenda to be heard today is item 2,Ancient Art Tattoo Studio IV, L.LC. An application for a Conditional Use Permit on tattoo and body piercing on property located at 2605 Virginia Beach Boulevard, Unit 104, District 6, Beach. Is there a representative for this application? Please come forward and state your name for the record. Mark Bumgartner: My name is Mark Bumgartner on behalf of the applicant on this application. Jan Rucinski: State your case. Mark Bumgartner: We did have an issue with one of the conditions that was proposed by staff regarding signage. The condition as proposed by staff initially, said there shall be no neon or electronic display signs. We had a question about that. In one incidence, in fact,the shopping center requires raised letters with channel letters with neon back lighting on it.So it is somewhat conflicted with the center's design criteria. We've consulted with staff prior to this meeting, and have been able to work out a slight amendment to it, which reads, "there shall be no neon other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator. I can pass that out if I may? With that change, my client finds all of the conditions acceptable. It just allows for the channel letters similar to the other monuments that are on the building. Jeff Hodgson: Are there any questions for Mr. Bumgartner? Barry Frankenfield: In the informal session, I don't think we addressed it but staff wrote that condition and has worked with the applicant and supports the condition. Jeff Hodgson: This new condition? Barry Frankenfield: Yes. Ronald Ripley: It is just the standard channel lettering that you see on shopping centers. Mark Bumgartner: I have an example, as well, if you would like to see it that? Jeff Hodgson: Are there any other question? Item#2 Ancient Art Tattoo Studio IV, L.L.C. Page 2 Jan Rucinskl:There are no other speakers. Jeff Hodgson: No opposition. Jan Rucinskl: No opposition. Jeff Hodgson: Okay.Thank you sir. Mark Bumgartner: Thank you. Jeff Hodgson: We will close the public hearing and open it up for discussion. Jan Rucinski: I'll start. I think the biggest reason why we wanted to have it termed because we didn't want it to be like a couple of others that have had no sign condition put it. Just to try to have a little control. I'm fine with this because I understand it is sort of keeping with what the others in that shopping center have. Jeff Hodgson: Is there anyone else? Mr. Redmond? Dave Redmond: Mr. Chairman, I move approval of the application. Jan Rucinski: I'll second that. Jeff Hodgson: A motion made by Commissioner Redmond and seconded by Commissioner Jan Rucinski. Ronald Ripley: Is that with the revised language? Dave Redmond: Oh excuse me. Yes, I apologize. I would move approval of the application with the revised condition number 3. Jeff Hodgson:Thank you. Mr. Weeden. Jan Rucinski: My second is based on that. 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 Item#2 Ancient Art Tattoo Studio IV, L.L.C. Page 3 WEINER AYE By a vote of 7-0,the Commission has approved the application of Ancient Art Tattoo Studio IV, L.L.C. with revised condition 3. Jeff Hodgson: Thank you. t ji,, „\\ ,..,\\./.. \\17:171 'N11'N. , \ • 1 \'•:\tirl.\\‘\\\, ,\ „, ; 1 I fj\,, s \\k\\\\ ^\:' \ ' r 1....7) , • !____ i ,., ,'"---, .\\ I\\,‘ 1 ji P \\\\\\\, , • \ , , ". .• ''' . \\-\\N„-\\ : ' \ ' , Nri 11., 41%771SW.,, . \ , 1 . . \ \ \\\ N‘,. k.- 1.,. ..,,,, \ \ I 0 i , < : • •-• \\\\ 0111 C \ X , \ 1• s4,4\. ,.., \ 4 °'\\°, \.\°c\II ,\I\ 41k‘ , a \ \ ,,,,,, s.., , 4••••0 „.., . . \ \ • 14# leAnh \ '\ II& \ \ :0 '\,..., \ Wo ,\:\\” / \ ' - \,\. \ \\N\:•,' • ‘‘. \ . :-.- 4,':',)• \\\\\\\\ , - '-, -'---1 , N \\_., _ ., - \\N ,:, 1 , ' 1 N•,\\, CL ... ,, [ 0,kif04 .,,,,,„ 4., ,.. ..„... „ ,, .„. ,., ,. ,,,,,:,-, CITY OF VI -3,, RGINIA BEACH AGENDA ITEM ITEM: NIMMO CEMETERY ASSOCIATION [APPLICANT & PROPERTY OWNER] Conditional Use Permit (Columbarium) 2200 Princess Anne Road (GPIN 2414054907). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: November 1, 2016 • Background: The applicant requests a Conditional Use Permit for a Columbarium in the existing Nimmo United Methodist Church cemetery. This site is located in the Nimmo United Methodist Church Historic and Cultural Overlay District and was presented to the Historical Review Board. The 48-niche columbarium is proposed to be constructed entirely in granite with dimensions of 59 1A-inches tall, 89- inches long and 31-inches deep. • Considerations: The proposed columbarium in Staff's view is in keeping with the land use policies for historic areas, consistent with the policies of the Comprehensive Plan for non- residential projects within the Suburban Area, and compatible with the existing cemetery. The Historical Review Board found the request appropriate for the historical district. • 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. The location of the Columbarium shall be as depicted on the plan entitled, "Proposed Site Layout," which has been exhibited to the City Council and is on file in the Planning Department. 2. Consistent with the recommendations of the Historical Review Board, the design and materials shall be as reported with the Certificate of Appropriateness. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Nimmo Cemetery Association Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 9 Submitting De• m- . ' gency: Planning Department,?y,r________ City Manager: Applicant & Property Owner Nimmo Cemetery Association Agenda Item Public Hearing September 14, 2016 City Council Election District Princess Anne 1. 6 City()I Virginia Beach n Request �o�aisa ° Conditional Use Permit (Columbarium) °‘' w��° a 4. i��SN`c 's�zv c r 4 o �'co, l 3 Staff Planner 3� -r6ro�e Jonathan Sanders i way ,gmmo Parkway 0 m Roman Drive C Location Pe 2200 Princess Anne Road 657OdBONL da,4o` gen. etowt iii GPIN ss. 2414054907 p Pia 2^ pt`ce byp�a f Site Size 4), 4 j °wr o Q�'e f 7.5 acres s AICUZ °- 65-70 dB DNL; Sub-Area 2 �,e, o,, 406 Existing Land Use and Zoning District Religious use and cemetery/ R-20 Residential (Historic and Cultural Overlay District) Surrounding Land Uses and Zoning Districts k � North 41p Cie \�� , , r,.;, `' General Booth Boulevard 'l 4 "- 41 t,zz Multi-family dwellings/Conditional A-18 R4 s ti `a •� Apartment, .v4 J o• South Princess Anne Road Q�oo S Wooded lot/AG-2 Agricultural iF ��,e. in East 3 Single-family dwellings/AG-2 Agricultural .., i West ; 1:\ . - ,„ .• Wooded lot/O-2 Office (Historic and Cultural ° '*' ��` Overlay District) „.A ” ‘,`4 f' - 2 .s Princess Anne Road •'' tf. Nimmo Cemetery Association Agenda Item 16 Page 1 Background and Summary of Proposal • Nimmo Cemetery Association requests a Conditional Use Permit to construct a granite 59 1/2-inch tall, 89-inch long and 31-inch deep granite columbarium with 48 niches.The columbarium will be placed on a 14-foot by 30- foot concrete pad within the existing cemetery. The proposed location was chosen by the applicant for its proximity to the drive aisle, which provides easy access for visitors. • The site is located in the Nimmo United Methodist Church Historic and Cultural Overlay District. Therefore, review by the Historical Review Board for a Certificate of Appropriateness is required. The Historical Review Board considered this request at their August 17, 2016 meeting and recommended that the applicant shift the original location, so as to be less prominent from view from General Booth Boulevard. The Board also recommended a change in the niche door to match the granite color of the entire columbarium. 1-18 E :r3 Zoning History eta # Request y /v 1 CRZ(AG-1,AG-2, & R-20 to Conditional A-18)Approved / \ 05/25/1999 e�°.,-� 2 MOD Approved 08/12/2008 // MOD Approved 04/11/2000 o 0.54008 MIL Fe. CRZ(R-20 to Conditional 0-1)Approved 11/23/1993 0-2 AG-2. 3 CRZ(AG-2 to Conditional B-4)Approved 01/22/2008 / . 94 4 CRZ(R-20 to Conditional AG-2)Approved 11/27/2001 5 SVR Denied 05/22/2007 Princess Anne Road 6 REZ(R-20(PD-H2 to P-1)Approved 10/09/2007 6 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Nimmo Cemetery Association Agenda Item 16 Page 2 Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed and is within the Nimmo United Methodist Church Historic and Cultural Overlay District. As the Historical Review Board reviews exterior changes to buildings and structures in the district, the applicant presented the request to the Board at their August 17, 2016 meeting. As mentioned previously, subject to slight modifications to the design and location of the proposed columbarium, the Historical Review Board approved the Certificate of Appropriateness on August 17, 2016. Evaluation and Recommendation The proposed columbarium is in keeping with the land use policies for historic areas and with the policies of the Comprehensive Plan for non-residential projects within the Suburban Area. In Staff's view, the request is in keeping with the character of the Historic and Cultural District and with the cemetery use. The Historical Review Board found the request appropriate for this district, and as such, Staff recommends approval subject to the conditions below. Recommended Conditions 1. The location of the Columbarium shall be as depicted on the plan entitled, "Proposed Site Layout," which has been exhibited to the City Council and is on file in the Planning Department. 2. Consistent with the recommendations of the Historical Review Board, the design and materials shall be as reported with the Certificate of Appropriateness. 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. Nimmo Cemetery Association Agenda Item 16 Page 3 Proposed Site Layout Li..V 13.50' CHUR • 0 11.39' N 4J 48'43" w 4� 4 v �l CHRIST fe 2,07` 50.00. 7, �G,s AQl 0• SAI? LAT ° 1 I 1 (M. 2692. F THE a �a I 1 ciN � 6 os OV 0,0 ` 149' 4lII Lo� $ I I TILI' cw 30" It'' 1 I" UTY EVA'T q ,i,I 4y CHURCH CEMETERY AREA 11 (°.B. 2731. P. EXTENTS NOT i 1643) 111 Proposed Columbarium °yr,,j" 1N15 i ► 1. ' " 7 on 30' x 14' concrete pad j j Q�L� ' • ' DRAINAGEI En T ttt RIGHT I Drive Aisle •. INGRE , Drive Aisle , MAN-BROWN t-..7..% I 4` 'o CemetQry t SEE t?£tAI1 ERAt HOME .` i 1' {THIS SHEET) f CHAPI'Et, It�l ter - / 225. P. 5 7) t\ . P J if Al co 7 * CA'% / 748.1 ` ---"'4 2 '! c,1�34 UTILITY4, _ 24.12' i`}' S 26"38'03" C EA - : , +- 32.9$' �, 4. .6•�or)8 2731, P. '3 w ` 41. DAG N 88'03'36" E r ly 1643) " '92.2' 4.. . 6y97' i....".• 4 ., • —r388.35' 4 "c o'I'1 3.J5 S 4273'07' E acs N 88'O4'25" E { 11.04 1J.94' EX 10' �, ''' PRINCESS ANNE ROAD a PERMANfN1 DRAINAGE E. Nimmo Cemetery Association Agenda Item 16 Page 4 Proposed Columbarium ®89*31*3 ]pc ©52 1/2*29*3 2pcs ©81*13 1/2*1 1/2 6pcs ®81 3/4*26 1/4*2 2pcs ©89*31*4 Ipc ®12 1/2*12*3/4 48Pcs Ii Ii ■ I ® ® III ISI�I I�M III I °aPilyrillalp Jm! imirn N Q 13 1/2*12*1 1/2 I6pcs ®13 1/2*12*2 24pcs l. c. ____________A<> DRAPING NO. RDT-F-0029-C PMI-E Premier Columbaria,LLC Secure Slide Door"eith single rosette closure. SIZE INCH 1 SIGNATURE Copyright0Z009 Prosier Coluebarie,LLC.All rights reserved. SHEET NO, 1 OF 5 DATE f r � a . l L e` Nimmo Cemetery Association Agenda Item 16 Page 5 Site Photos Z t 11..r?d i/11..k. 1 • Nimmo Cemetery Association Agenda Item 16 Page 6 Disclosure Statement ria w Virginia Beach APPLICANT'S NAME Nimmo Cemetery Association 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 USF ONLY/A!I discloturr s muse hr updated nco(i`wcrkc prlor to r,y Page 1 of 7 f lanr!ir< Comm: ;eon 2nd Cety Coune!I nteetiny that peetaiot to the appuc,,twn(s), 0 APPLICANT NOTA I I)OF HI.ARINC DA I NO CIfANCFS AS CFU°-I L' l 071(1/11, • Jonathan Sanders RFt rS!ONS SUeF ITTFD J"It Nimmo Cemetery Association Agenda Item 16 Page 7 Disclosure Statement VB.44 Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 131 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. Nimmo cemeter�r ocipY n Jrust es (A) List the Applicant's name:Ra�Q _E 1�3SZ _ 1 75rn b ICS N Si v---S If an LLC list all member's names: '42.- ;e.icVl �_0 S_ 12.2LiiCtt,S If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Q 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: lSiirmD 00'Mb i t'f'7cCi iSr CUo(cb1-1 If an LLC, list the member's names: Page 2 of 7 Nimmo Cemetery Association Agenda Item 16 Page 8 Disclosure Statement �r Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Arirrfu2,S-4-,r X2(7 2, CEr 7N F-42,teeri4 ( a ror� .M 47—) D&,t-CW Orifi kv,3Riff q.y illi-L)1 T6Fpkt,-&./I4 (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship` means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner In one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.`See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratinq or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Nimmo Cemetery Association Agenda Item 16 Page 9 Disclosure Statement V13 APPLICANT Virginia Beath YES NO SERVICE PROVIDER (use additional sheets if needed) M ❑ Accounting and/or preparer of A p"('t v "'L your tax return -:len) 5en)AYi Fpa,,e 17-14JSM Ki Architect/Landscape Architect/ 1W Land Planner Contract Purchaser(if other than [� the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ al purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 12 ❑ Construction Contractors 771'S .1), ❑ [l Engineers/Surveyors/Agents Financing (include current ❑ © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services ID0114540"/*.. Son/ 4,Ato Coop Real Estate Brokers / ❑ lA 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 1:1150 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 Nimmo Cemetery Association Agenda Item 16 Page 10 Disclosure Statement (w� 3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A plication. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Nimmo Cemetery Association Agenda Item 16 Page 11 Disclosure Statement MA" OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) i'Jj iirio V Me_ ® ❑ Accounting and/or preparer of F your tax return N,� Fscz i D Architect/Landscape Architect/ Land Planner Contract Purchaser(if other thyt • ® the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed • f purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® 0 Construction Contractors r, B.13 • ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ``�!� ® 0 Legal Services fifietn Sa„) I q 3 b n cr Real Estate Brokers/ I ❑ ® Agents/Realtors for current and anticipated future sales of the subject property ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Nimmo Cemetery Association Agenda Item 16 Page 12 Disclosure Statement �wm 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. 2cs1EC RT140...3e./44-ns f 30-1(1 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Nimmo Cemetery Association Agenda Item 16 Page 13 Item#16 Nimmo Cemetery Association Conditional Use Permit 2200 Princess Anne Road District 7 Princess Anne September 14, 2016 CONSENT An application of Nimmo Cemetery Association for a Conditional Use Permit(Columbarium)on property located at 2200 Princess Anne Road, District 7, Princess Anne. GPIN: 2414-05-4907-0000. CONDITIONS 1. The location of the Columbarium shall be as depicted on the plan entitled, "Proposed Site Layout," which has been exhibited to the City Council and is on file in the Planning Department. 2. Consistent with the recommendations of the Historical Review Board,the design and materials shall be as reported with the Certificate of Appropriateness. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 16. AYE 7 NAY 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 16 for consent. Arthur Seamster,Jr. appeared before the Commission on behalf of the applicant. L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 11/1/16 st CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 10/18/2016 PAGE: 1 A ✓ H S AGENDA E H A E W ITEM ii SUBJECT MOTION VOTE N E J MSU I P DN OK MMS H L W O Y L N A O O O R S 0 R E E ENS NM I 00 T R Y S E S DSNND CITY COUNCIL'S BRIEFING Lyndon Remias, City Auditor Audit: Department of Human Services II CITY MANAGER'S BRIEFINGS A. Bio-Medical Initiative Plan/ Warren Harris,Director Policy Update Economic Development B. Southeastern Parkway Update Phil D.Pullen, Public Works C. Post-Hurricane"Matthew" David L.Hansen, Resiliency Update City Manager D. FY 2016 Unaudited Financial Patti Phillips, Results Director-Finance III/IVN/ CERTIFICATION OF CLOSED No Closed Session Held VLA-E SESSION VI.F MINUTES APPROVED 10—0 Y Y Y Y Y A Y Y Y Y Y October 4,2016 ADD ON Ordinances to: ADDED 10—0 Y Y Y Y Y A Y Y Y Y Y TRANSFER $1,100,000 and to APPROPRIATE$7,695,750 from fund balance for expenditures related to Hurricane"Matthew" AUTHORIZE the City Manager to donate excess personal property and up to $300,000 for emergency relief to residents ADD Section 8-38 of the City Code, Building and Building Regulations,by allowing the waiver of permit fees for certain emergencies VI.G FORMAL SESSION AGENDA VI.H MAYOR'S PRESENTATIONS I. PROCLAMATION— Jill Burr,President Friends of the Virginia Beach Public Library Week 2. PROCLAMATION— James E.Parke,Director Extra Mile Day Office of Volunteer Resources 3. RECOGNITION— Mindy Medrana, 2017 SCAVB Youth Ambassador Princess Anne High School CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 10/18/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U 1 P DNOK MMS H L W O Y L N A O O O R S 0 R EEENSNMI 00 T R Y S E S DS NND VI.I PUBLIC HEARINGS 1. Metro Fiber Networks,Inc. 1 Speaker Nonexclusive Franchise re Telecommunications Services 2. City of Virginia Beach Application 3 Speakers for FY 2017-18 VDOT Transportation Alternatives Set- Aside Program re Community Improvements VI.J.l Ordinance to AMEND the City's FY 2016- ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y 17 Appropriation Ordinance / Operating CONSENT Budget to provide State-supported Constitutional Officers/employees a one percent Merit Pay increase despite the lack of funding by the State / AFFIRM allocation of funds to the Schools VI.J.2 Resolution to CONFIRM ADDING ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y Human Rights/Racial Profiling to the CONSENT 2017 Legislative Agenda VI.J.3 Ordinance to GRANT a Nonexclusive ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y Franchise to install/maintain/operate CONSENT telecommunications in City's public streets/ rights-of-way to Metro Fiber Networks, Inc. VI.J.4 Resolutions to SUPPORT the City's ADOPTED 10—0 Y Y Y Y Y A Y Y Y Y Y applications to VDOT for funding grants: a. FY 2017-18 Transportation Alternatives Set-Aside Program b. FY 2017-18 Revenue Sharing Program c. FY 2022-23 SMART SCALE Program VI.J.5 Resolution to ESTABLISH Miracle ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y Medical Transport/AUTHORIZE annual CONSENT EMS Permit re private ambulance services VI.J.6 Resolution to REQUEST VA Dept. of ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y Environmental Quality require Omega CONSENT Protein, Inc. to test discharged slurry to protect public health CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 10/18/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A O O O R S 0 R EE ENSNMI 00 T R Y S E S DSNND VI.J.7 Ordinance to AUTHORIZE Aquarium& ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y Marine Science Center Foundation,Inc.to CONSENT grant naming rights to the"Darden Marine Animal Conservation Center" VI.J.8 Ordinance to AUTHORIZE encroachment ADOPTED,BY 9-0 Y Y Y Y Y A Y e Y Y Y to Marshall H. Groom, Jr. and Jennifer CONSENT s Regan Hoover into a portion of City T property known as Black Duck Inlet for a I bulkhead at the rear of 305 Back Bay N Crescent E DISTRICT 7—PRINCESS ANNE I) VI.J.9 Ordinances to: ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y CONSENT a. TRANSFER$10,000 from General Fund Reserve to Virginia Beach Council of Civic Organizations' Annual Neighborhood Conference b.ACCEPT/APPROPRIATE from VA Health,Office of Emergency Medical Services Four-for-Life to EMS re rescue equipment/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 VA Health to Stormwater Quality Enhancements II VI.J.10 Ordinance to TRANSFER$1,100,000 and ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y ADD ON to APPROPRIATE$7,695,750 from CONSENT fund balance for expenditures related to Hurricane"Matthew" VI.J.I 1 Ordinance to AUTHORIZE the City ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y ADD ON Manager to donate excess personal CONSENT property and up to$300,000 for emergency relief to residents V1.J.12 Ordinance to ADD Section 8-38 of the ADOPTED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y ADD ON City Code,Building and Building CONSENT Regulations,by allowing the waiver of permit fees for certain emergencies CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 10/18/2016 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U 1 P DN OK MMS H L W O Y L N A O O O R S 0 R EE EN SNM I 00 T R Y S E S DSNND VI.K.1 ALEXIS DEVELOPMENT,LLC/ APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y WILLIAM K./ANNE WRIGHT for a CONDITIONED Subdivision Variance re single family dwellings at 221 76th Street DISTRICT 5—LYNNHAVEN VI.K.2 BRYON HARRINGTON,SR./JOSEPH APPROVED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y HARRINGTON, JR., KIRK CONSENT HARRINGTON, SR., BARBARA CASON,LORETTA HARRINGTON& AVIS BLUE for a COZ from AG-2 to R-20 re single family dwellings at 2597 Leroy Road DISTRICT 7—PRINCESS ANNE VI.K.3 ZOBSTER AUTOMOTIVE, LLC / APPROVED/ 10—0 Y Y Y Y Y A Y Y Y Y Y BEACH HOLDINGS,LLC CUP re auto CONDITIONED,BY repair garage at 5772-D Arrowhead Drive CONSENT DISTRICT 2—KEMPSVILLE VI.K.4 JOYNT ENTERPRISES, INC. T/A APPROVED/ 10—0 Y Y Y Y Y A Y Y Y Y Y PEMBROKE AUTO SALES / HD CONDITIONED,BY HOLDINGS, LLC CUP re vehicle CONSENT sales/rental/auto repair at 3825 Bonney Road DISTRICT 5—LYNNHAVEN VI.K.5 GEE'S PROPERTIES, LLC CUP re APPROVED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y mini-warehouse at 4740 Baxter Road CONSENT DISTRICT 4—BAYSIDE A VI.K.6 TAR ROOF, LLC / BURROUGHS APPROVED/ 9—0 Y Y Y Y Y A Y B Y Y Y FAMILY REVOCABLE TRUST CUP re CONDITIONED,AS T open air market/assembly use at 1791 AMENDED,BY A Princess Anne Road CONSENT DISTRICT 7—PRINCESS ANNE E D VI.K.7 HARRIS TEETER PROPERTIES CUP APPROVED/ 10—0 Y Y Y Y Y A Y Y Y Y Y re fuel sales at 2105 Princess Anne Road CONDITIONED,BY DISTRICT 7—PRINCESS ANNE CONSENT VI K.8 CITY Ordinance to AMEND CZO re Sign APPROVED,BY 10—0 Y Y Y Y Y A Y Y Y Y Y Types / Sign Regulations / Sign Design CONSENT Guidelines for CBC Central Business Core District CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 10/18/2016 PAGE: 5 A _ ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y LN A O O O R S 0 R EEENSNMI 00 T R Y S E S DS NND VI.L APPOINTMENTS RESCHEDULED B YCONS ENS U S AGRICULTURAL ADVISORY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD TOWING ADVISORY BOARD VI.M/N/O ADJOURNMENT 6:55 PM