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DECEMBER 13, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS.ft At-Large iic,\Na`y C VICE.MAYOR LOUIS R IOdeNBS.Squirt District 4 OS � yq M.BENJAMIN DAVENPORT Al(serge A_. � ROBERT M.DYER Centerville District I BARBARA M HENLEY PrMes Anne District 7 SHANNON DS KANE.Rose Hall District 3 JOHN D MOSS,At Large AMELIA ROSS-HAMMOND.Kempsrille-DLnrioi. JOHN E.ORRIN Beach ()thine:fi .. ROSEMARY WILSON',At-Laargge JAMES L WOOD,Ls nnhaven-D[mict 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA RFACI/, VIRGINIA 23456-9005 CITYAITORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:C.51)385-4303 CITYASSESSOR JERALD D.BANAGAN FAX(J5/)385-5669 CITY AUDITOR LYNDONS REM/AS E-MAIL.'CNcncl�vbgoec CITY CLERK RUTH//ODGES FRA.SER,MM(' 13 December 2016 om MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 4:00 PM A. VIRGINIA WESLEYAN COLLEGE UPDATE Dr. Scott D. Miller, President II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FINANCIAL REPORT(CAFR) FY16 AND NOVEMBER GENERAL FUND UPDATE Patti Phillips, Director—Finance B. FY2018-2023 UNFUNDED STORM WATER NEEDS Melanie Coffey, Engineer- Public Works Phil Roehrs, Water Resources Engineer- Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Command Chaplain Chris Hester Naval Air Station Oceana Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 6, 2016 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. MAYOR'S PRESENTATIONS RESOLUTION—In Recognition Amelia Ross-Hammond, Council Member I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 2-411 and 12-21.1 re Coordinator of Emergency Management b. Section 18-108 re Temporary or Transient Businesses c. Article II, Chapter 26 re Commercial Solicitation d. Sections 36-138,36-145, 36-146, 36-147,36-148, and 36-149 re Taxicab Driver Permits e. Section 27-3 re Police Records,Services and Fees 2. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's Lake Gaston Pipeline easement in Brunswick County, Virginia,by Transcontinental Gas Pipe Line Company, LLC J. PLANNING I. DAVID E. STINNETTE application for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations re a single-family dwelling at 726 24th Street DISTRICT 6—BEACH RECOMMENDATION: DENIAL 2. THOMAS A. BROWN / THOMAS A. BROWN AND WAYNE CHAMPIGNY for a Subdivision Variance to Sections 4.4(b) and (d) of the Subdivision Regulations to reconfigure Parcels 4 and K with no increased density East of Riddick Lane,North of Candle Pine Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. CHICK-FIL-A, INC. / POP STEAKHOUSE, LLC for an Alternative Compliance to Sections 2203, 2204 and 2210, Central Business Core District re a drive through restaurant at 4752 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. TWO FARMS, INC. / WOODS CREEK CORNER, LLC for Conditional Use Permit re automotive service and car wash at 2150 Centerville Turnpike DISTRICT I —CENTERVILLE RECOMMENDATION: APPROVAL 5. PROVIDENCE STORAGE, LLC / ROMERO ENTERPRISES, LLC for a Conditional Use Permit re Mini-Warehouse at 6009 Providence Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 6. NORTH LEGEND OUTFITTERS, LLC for a Conditional Use Permit re a home occupation for firearm sales at 2005 Meredith Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. NEW DAY CHURCH for a Conditional Use Permit re a religious use at 4080 Foxwood Drive DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 8. ANCHOR INNOVATION, INC. / ANCHOR ASSET MANAGEMENT GROUP, LLC for Conditional Use Permits re boat/vessel construction, maintenance, repair and storage yard at 532 Central Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. EMIL YUSUBOV / MUSTAFA ZAATUT for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District and a Conditional Use Permit re auto sales at 1249 Oceana Boulevard DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 10. VIRGINIA BEACH DEVELOPMENT AUTHORITY / CITY OF VIRGINIA BEACH for Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District re Virginia Beach Biomedical Park land at the Northeast corner of Landstown Road and Landstown Centre Way and property adjacent to the South side of Princess Anne Road between Winterberry Lane and Tournament Drive DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 11. CITY OF VIRGINIA BEACH Ordinance to AMEND: a. Section 230 of the City Zoning Ordinance (CZO) pertaining to Craft Breweries / Distilleries and the preparation of food b. Sections 201 of the City Zoning Ordinance (CZO) pertaining to yard setbacks for generators and pool equipment c. Section 301, 401 and 501 of the City Zoning Ordinance (CZO) pertaining to columbarium located in cemeteries as a principal use in the Preservation, Agricultural and Residential Zoning Districts d. Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements RECOMMENDATION: APPROVAL L. APPOINTMENTS COMMUNITY POLICY and MANAGEMENT TEAM—CSA HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******..eeee.ee.........******** It you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SPECIAL FORMAL SESSION "Swearing-In" Ceremony January 3, 2017 Time: tba Virginia Beach City Council Chamber CITY COUNCIL WINTER RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center February 13-14, 2017 8:30 AM to 4:30 PM 12/13/16 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ANu,BF„I MAYOR Wit I IAM D.SESSOMS JR.Ab(age C/y VICE.MAYOR LOUIS R JONES.Bavride-Dirvici4 4 u - - M.BENJAMINDA{ENPORTAtInc ,C `/� '.,� ROBERT Al I)VEF Centerville D" r I VE' 1 S BARBARA M HENLEY,Nin AnneDivr ia7 SHANNON DS KANE.Rose Hall Dienim 3 �'+-- JO//N D MOSS,At La,ge '" '°'i AMELIA UHRIN. ick ROSS -Diroicr.' `°v°" °y. ..'•0A° ROSEERY WILSON.OeN4 Oreln6 ROSEMARY LRYLv 41-Large L. WOOD.Lvnnlmven Ouvin 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH. VIRGINIA 23456-9005 CITY ATTORNEY MARK B.STILES CITY COUNCIL AGENDA PHONE.(959)385-4303 CITY ASSESSOR JERALD D_BANAGAN FAX(759)385-5669 CITYAUDIIOR LYNDONS REM/AS13 December 2016 E-MAIL:CWcncl@vbgov COM CITY CLERK RUTH HODGES FRASER.MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 4:00 PM A. VIRGINIA WESLEYAN COLLEGE UPDATE Dr. Scott D. Miller, President II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)FY16 AND NOVEMBER GENERAL FUND UPDATE Patti Phillips, Director—Finance B. FY2018-2023 UNFUNDED STORM WATER NEEDS Melanie Coffey, Engineer- Public Works Phil Roebrs, Water Resources Engineer- Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Command Chaplain Chris Hester Naval Air Station Oceana Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 6, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS RESOLUTION—In Recognition Amelia Ross-Hammond, Council Member Y ri'SN {{ JSL GS ]))fes ? E. Y 4.1 tl y s • s �' RESOLUTION WHEREAS: Amelia N Ross-Hammond was elected to represent the Number Two Kernpnitle District on the Vircanla Beach City Council, effecme Tammy 1.20/3:: If HEREAS: Council Lady Raw-Hammond holds a Doctorate of Philosophy in Ed:auion..Leadership.Curriculum and Instruction from the Unisusiry of Denver and is a cage/nate of the University of Virginia Sorensen Political Leaders Program. 11cr public service includes an appointment to the Stare Council on the Shams of Women. Prior to her election,site served as Vice Chair or the Virginia Beach Electoral Board. a Director of the Virginia Beach Community Development Corporation the Cine Diversity and inclusion Forum.African American Rormdtable and the State Roard 6+Behavioral Health and Development Services: WHEREAS: Council Lady Ross-Hammond served as a distinguished Professor and Director of Service-Learning and Civic Engagement at Norfolk State University.she continued to enrich the lives of numerous young men and women,especially through her musical talent and her terrific I of COMInialig service During her City Cit she retiredfi NSU to give more to her community and enhance the qualig of Igegir herAmily,especially her ged Mh d son,Anwar Shd as a Member of the Hampton Roads Planning District Commission.Council]eon to Me Arts and Humanities Commission and was able to ifuenc an additional$100000 to be added to their Gip-budgeted funds.Historic Preservation Commission,Public Library Board. Community Services Board,Social Services Board, Human Righv Commission and the Minority Business Council. Virginia Municipal Leve recognired her leadership in naming her to the Human Development and Education Commission and she seised on the executive board for Young Audiences of Virginia ax well as the Stare Director for the National Foundation of Women Legislators. She also ryas honored by the Governor's appointment to the Transportation District Commission of Hampton Roads:and, WHEREAS: Council Lady Rm>Hanunond was able to secure 32.5-M for the Kempsville Historical Overlay project. She formed the KonrprvIDe District Community Coalition to study their amenities and guide the community's development through modern zoning with historical significance The W tchdack,Piincess Anne roadway improvements and development of the Kemps Landing Park were carefully monitored and enhanced through Council Lady Ross-Hammond h intellectual guidance.She was instrumental in assisting the Bacehall League in c stahiishing and dedicating the Park with a statue of the First Baseman on the site of original Pony League. Her liaison commitment to theark Filipino succe l9: whose historical ei h roars are inle Entre rene,led to the Business]Sister City anchor being erected at the was She advocated and sebuil ing faanlew Kempsville the KRec a Eaere to ein'p and suaccess Amdcmyqu rt 4.83 acre Hfh Sy-oon She vthe conned n the efirst rst A icy new .canCto al Center d open in tefor successfully aVeutradn a nd tacreshe H of Clryoweed is re for the connection acthain nacresof African-American in Kcentroehd collaborated rhousing partnership band tn ten-She lisbUroRaly roma successful in acquiring 8.8 acres onceopen space K efrir theCityERivShesupportedtheand India Festiva:irom Naf lko the Virginia Beach Convention Cense NOW, THEREFORE,BE IT RESOLVED: That he Virginia Beach Clot Council pause in its formal deliberations to recognize Council Lady Amelia Ross-Hammond for her commitment to community semlee. her dedication to enhancing the Kempsville District a part of the -Greatest City In The N'ndd"and her sacrifices which made her election to the largest city in the Commonwealth one to remember and to rn/lect on her mann accomplishments. BE IT FURTHER RESOLVED: That this Thirteenth day of December,Two Thousand Sixteen.Ire celebrated by all citizens as. AMELIA N.ROSS-HAMMOND DAY co—dre—.:if,Nenrarim,LnIvetpOrl counnlicn*flirt. [ hied :fix N !9 1 ili r C o-i� � Saila,, o c 'rv6 sfln.m.Na 'kit."'"yd i. ,. l a....r. cnc,'l&.xm, an/`r-VVVa-loss c5.ria, 'Yaws ell rum s Fhtr smmarJe ��// I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 2-411 and 12-21.1 re Coordinator of Emergency Management b. Section 18-108 re Temporary or Transient Businesses c. Article II, Chapter 26 re Commercial Solicitation d. Sections 36-138, 36-145, 36-146, 36-147, 36-148, and 36-149 re Taxicab Driver Permits e. Section 27-3 re Police Records, Services and Fees 2. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's Lake Gaston Pipeline easement in Brunswick County, Virginia, by Transcontinental Gas Pipe Line Company, LLC a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 2-411 and 12-21.1 of the City Code Pertaining to the Coordinator of Emergency Management MEETING DATE: December 13, 2016 ■ Background: State law authorizes the local director of emergency services to appoint a Coordinator of Emergency Management with the consent of council. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. City Code §12-21.1 currently provides that the Fire Chief shall be the Coordinator of Emergency Management. In light of the recent appointment of former Fire Chief Steven R. Cover as the new Deputy City Manager for Public Safety, the City Manager requests that an amendment be made to the above-referenced City Code sections to provide that the Deputy City Manager for Public Safety will serve as the Coordinator of Emergency Management. • Considerations: All public safety agencies are involved in the response to an emergency. Because the Deputy City Manager for Public Safety oversees all public safety agencies, the Deputy City Manager for Public Safety is in the best position to act as the Coordinator of Emergency Management. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachment: Ordinance Recommend. . -qct Approval City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 411 AND 12-21.1 OF THE CITY CODE 3 PERTAINING TO THE COORDINATOR OF 4 EMERGENCY MANAGEMENT 5 6 SECTIONS ADDED: § 2-411 AND 12-21.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 2-411 and 12-21.1 of the Code of the City of Virginia Beach, 12 Virginia, are hereby amended and ordained to read as follows: 13 14 Sec. 2-411. - Created; director; coordinator. 15 In accordance with section 44-146.19 of the Code of Virginia, an office of 16 emergency management is hereby created for and within the city. The city manager is 17 hereby appointed as director of emergency management. A coordinator shall be 18 appointed by the director, with the consent of council. The Deputy City Manager for 19 Public Safety shall be the coordinator of emergency management. 20 21 Sec. 12-21.1. - Functions. 22 The fire department, under the direction of the fire chief, shall be responsible for 23 preventing, suppressing, controlling, limiting, and extinguishing accidental or 24 intentionally destructive fires on land and water. The fire department shall be 25 responsible for controlling and supervising the provision of services that protect life and 26 property that include, but are not limited to, hazardous, combustible, radiological, and 27 explosive materials, including gas leaks; rescues at accidents of any nature involving 28 injuries and/or entrapments; technical rescues involving rope rescue, trench, aircraft, 29 and confined space incidences; situations involving an imminent danger or actual 30 occurrences of fire, explosion, and structural collapse; and maritime incidents that 31 involve fire, a technical rescue, and hazardous materials. ' on ith tho `• re 32 chiefs role as coordinator of emergency management, The fire department shall also 33 support the emergency management coordination of the city and specifically assist in 34 evacuation activities, search and rescue of disaster victims, and any other emergency 35 response activities, as needed. The fire marshal shall investigate the causes of fires; 36 prosecute alleged arson, threats to burn, threats to bomb, post-blast investigations or 37 other related criminal acts; and enforce the Virginia Statewide Fire Code and related 38 codes as incorporated and/or amended. The police department bomb squad personnel 39 (also known as "Hazardous Device Technicians") shall be under the supervision and 40 control of the police special operations bomb squad commander while engaged in 41 render safe operations, device inspection, and recovery of hazardous devices. During 42 fire incidents and fire investigations of alleged arson, threats to burn, threats to bomb, 43 post-blast explosive device investigations, police bomb squad personnel will work in 44 cooperation with the fire chief. In cooperation with the department of emergency 45 medical services, fire department personnel shall be under the supervision and control 46 of the fire chief and the emergency medical services chief when engaged in emergency 47 medical services involving the treatment and/or transport of patients, pursuant to 48 sections 2-422 and 2-423 of this Code. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: v1, if B. Steven R. Cover Eli jeth Bradley De rnette City Manager's Office Cit •ttorney's Office CA13896 R-2 December 2, 2016 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 18-108 Pertaining to Temporary or Transient Businesses MEETING DATE: December 13, 2016 • Background: In 2001, the City created a sub-classification for purposes of business license called a "community event license." By defining this sub-classification as a distinct category, the City decreased the regulatory burden on public events staged for the enjoyment of the citizens of Virginia Beach. The Commissioner of the Revenue and the City of Virginia Beach School Superintendent have found that while the community event license lessens the impact to many school events, it stifles nonprofit parent-sponsored school events. The Commissioner of the Revenue, with the support of the Superintendent, proposes adding nonprofit parent-teacher associations to the groups that are permitted to obtain a community event license at no cost. • Considerations: The attached ordinance adds non-profit parent-teacher associations to the groups that may obtain a community event license at no cost. The current code allows this treatment for nonprofit churches and other religious bodies. The annual revenue impact of the proposed ordinance is expected to be substantially less than $1,000. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depart ent/A9ency: Commissioner of Revenue City Manag- , 1�� Commissioner of the Revenue f 1. 1 City Hall 44 Virginia Beach, VA 234.56-9002 Philip I. Kellam VBgov.unnkor ConmisHoner December 6, 2016 Mayor William D. Sessoms,Jr. Members of City Council Municipal Center, Bldg 1 Virginia Beach,VA 23456 RE: Proposed Item for December 13: Community Event Permits for PTAs Dear Mayor and Members Council: I have worked with the Virginia Beach City Public Schools to prepare an ordinance for your consideration at the December 13'"Council meeting. This ordinance would expand upon the current section of the City Code that authorizes community event or umbrella permits. Such permits allow vendors to sell goods and wares at events without requiring the vendors to have a separate business license. This authorization reduces the business license tax burden upon the vendors at such events. The City Code currently authorizes nonprofit churches and other religious bodies to obtain such a permit at no cost. The proposed ordinance would allow a nonprofit parent-teacher association(PTA)to obtain a community event permit at no cost. It is my belief that the ordinance would further the honorable mission of such PTAs. If you have any questions about this proposal, please feel free to contact me at 757.385.4251 or by email at pkellam@vbgov.com. Sincerely, cAyvt Philip J. Kellam '—/ Commissioner of the Revenue 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-108 PERTAINING TO 3 TEMPORARY OR TRANSIENT BUSINESSES 4 5 Section Amended: § 18-108 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That Section 18-108 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 18-108. - Temporary or transient businesses. 14 15 (a)Except as provided in subsection (b) of this chapter, every person who engages 16 in, or transacts any temporary or transient business in the city for the sale of any 17 goods, wares, merchandise or services and who, for the purpose of carrying on 18 such business, hires, leases, uses or occupies any building or structure, motor 19 vehicle, tent, car, boat or public room, or any part thereof, including rooms in hotels, 20 lodging houses or houses of private entertainment, or in any street, alley or other 21 public place, for the exhibition of or sale of such goods, wares, merchandise or 22 services, shall pay for such privilege a tax of $500.00. Any such person conducting 23 business in the city for thirty (30) consecutive days or more shall obtain the license 24 and pay the tax or fee required by sections 18.5 and 18-5.2 of this chapter. The 25 license required by this section shall not be transferable. 26 27 (b)(1)The sale of goods, wares, merchandise and services in the city by merchants 28 and vendors at a community event or an event conducted by a nonprofit charitable 29 organization is hereby recognized as a distinct activity. Any organization conducting 30 such an event may obtain an umbrella license from the commissioner of the 31 revenue that will satisfy the business license requirement for business transacted by 32 all registered merchants and vendors at the event. For any other business 33 conducted in the city by any such merchant or vendor, the appropriate license 34 required by this chapter must be obtained. 35 36 (2)The cost of the umbrella license described in subsection (b)(1) shall be $10.00 37 per merchant or vendor; provided, however, that regardless of the number of 38 merchants and vendors, the cost of such license shall not be less than $50.00 nor 39 more than $500.00. 40 41 (3)Notwithstanding subsection (b)(2) a community event sponsored by a nonprofit 42 church or other religious body or a nonprofit parent-teacher association may obtain an 43 umbrella license described in subsection (b)(1) for no cost provided: (i) the nonprofit 44 church or other religious body or a nonprofit parent-teacher association makes proper 45 application to the commissioner of the revenue; (ii) the duration of the community 46 event is limited to one calendar day; and (iii) such umbrella license is only applicable 47 to merchants or vendors and is not applicable to other activities such as the sale of 48 prepared food or alcohol. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l Philip J. Kel a Dana R. armeyer Commissioner of Revenue City Attorney's Office CA13833 R-1 September 12, 2016 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend Article II, Chapter 26 of the City Code Pertaining to Commercial Solicitation (2) An Ordinance to Amend Sections 36-138, 36-145, 36-146, 36-147, 36- 148, and 36-149 of the City Code Pertaining to Taxicab Driver Permits (3) An Ordinance to Amend Section 27-3 of the City Code Pertaining to Police Records, Services, and Fees MEETING DATE: December 13, 2016 ■ Background: The Police Department is responsible for certain permits that have a public safety basis, including commercial solicitation and taxicabs. The Police Department is seeking to clarify certain provisions of the City Code to align the language of the Code with the processing of the permits. • Considerations: The requested changes are primarily intended to ease the processing of permit applications and avoid any confusion for persons requiring such permits. The proposed amendments to the commercial solicitation ordinance is a substantial overhaul of that article of the City Code. Certain vestigial requirements have been removed such as including two personal references as part of an application. The primary purpose of the amendments is to clearly annunciate the City's interest in regulating commercial solicitation while employing a permit process that is not overly burdensome to the solicitors. Additionally, the amendment provides an appeal from an adverse determination. The taxicab permit ordinance clarifies two main issues. First, the description of the types of offenses that could lead to the revocation of a taxicab permit has been further defined to include crimes of moral turpitude and serious traffic offenses, such as DUI. Second, the ordinance clarifies the language in various sections describing the permit card issued to a taxicab driver and the cost associated with issuance and re-issuance of such card. The third ordinance addresses the cost of the Police Department undertaking a criminal record check as part of one of the permit processes requiring such a check. This ordinance also removes an inaccurate amount for a vendor permit, which is separately provided in City Code § 26-32. • Public Information: These items will be advertised as part of the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinances (3) Recommended Action: Approval Submitting Departmeegency: Police Department City Manager: \I ���Illddd���/// �r `J 1 AN ORDINANCE TO AMEND ARTICLE II, CHAPTER 2 26 OF THE CITY CODE PERTAINING TO 3 COMMMERCIAL SOLICITATION 4 5 SECTIONS AMENDED: §§ 26-16, 26-26, 26-27, 26-30, 6 26-32, 26-33, 26-34, 26-35, 26-37, 26-38 7 8 SECTIONS ADDED: §§ 26-39, 26-40 9 10 SECTIONS RESERVED: §§ 26-28, 26-29, 26-31 11 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That Sections 26-16, 26-26, 26-27, 26-30, 26-32, 26-33, 26-34, 26-35, 26-36, 26- 17 37, and 26-38 of the City Code are hereby amended and reordained, Sections 26-39 18 and 26-40 are hereby added, and Sections 26-28, 26-29, and 26-31 are reserved to 19 read as follows: 20 21 ARTICLE II. COMMERCIAL SOLICITATIONS 22 23 DIVISION 1, GENERALLY 24 25 Sec. 26-16. R..eserrvea^•^a. Purpose Statement. 26 27 Soliciting, selling or taking orders for goods, wares, merchandise, publications 28 any article for future delivery, or any service or commodity whatsoever upon the 29 premises of any private residence, apartment house, or other place of human habitation 30 not having been requested or invited to do so by the owner or occupant thereof 31 presents an opportunity for greater deception, confusion and fraud that is not present in 32 other commercial transactions. The city believes that reasonable measures, including a 33 permit program, will serve the purpose of discouraging fraud, protecting privacy 34 deterring crime and promoting the health, safety and welfare of the community. 35 36 COMMENT 37 38 The purpose statement is the City's expression of its legislative intent to regulate door-to- 39 door commercial solicitation. The purpose statement defines the City's interest in protecting the 40 citizenry from fraud, deterring crime, promoting privacy and ensuring the general health, safety 41 and welfare. 42 43 44 45 DIVISION 2, PERMIT 46 47 Sec. 26-26. Permit required. 48 49 (a) It shall be unlawful for any person to engage in soliciting, selling or taking 50 orders for goods, wares, merchandise, publications, any article for future delivery, or 51 any service or commodity whatsoever, e • -- : - e - -- - , - •- e . - -_ • -- : upon the premises of any private 53 residence, er-apartment house, or other place of human habitation not having been 54 requested or invited to do so by the owner or occupant thereof, in the city, unless he 55 has a current permit so to do from the city-manager Police Department (hereinafter 56 'Department"). 57 58 (b) The requirements of this section shall not apply to those who sell or offer for 59 sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, 60 poultry, fish, oysters, game, vegetables, fruits or other family supplies of a perishable 61 nature or farm products grown or produced by them and not purchased by them for 62 sale; persons licensed by the state under title 38.1 of the Code of Virginia (1950), as 63 amended; persons licensed by the Virginia Real Estate Commission, pursuant to 64 section 54-749 of the Code of Virginia (1950), as amended; such activities when they 65 are conducted on behalf of a nonprofit charitable, civic or religious organization; outdoor 66 sales and exchanges which occur as an incidental part of the retail sales activity of a 67 merchant regularly conducting business from a permanent building where such sales 68 are conducted on the premises of the building and in close proximity to said building; 69 occasional garage sales in residential areas; sales made at flea markets duly licensed 70 by the city; or sales by wholesale merchants to retail merchants or industrial or 71 commercial establishments. 72 73 (c) Soliciting with a valid permit upon a private residence that displays a "No 74 Solicitation" or similar sign shall constitute a class three misdemeanor for a first offense 75 and a class two misdemeanor for a second or subsequent offense within a twelve- 76 month period. 77 78 COMMENT 79 80 There are three changes to this section. First, the amendment narrows the scope of the 81 permit requirement to places of human habitation,which more closely aligns this code section with 82 the Virginia Code § 15.2-913. Second, there is a change to locate the permit process in the Police 83 Department, which is the actual location of the present permitting process. Third, there is a 84 penalty provision for soliciting upon a residence with a "No Solicitation"or similar sign. 85 86 Sec. 26-27. Filing and contents of application. 87 88 Any person desiring a permit required by this division shall make application 89 thereof to the city-manager Police Chief or his authorized designee (hereafter "Police 90 Chief") in writing on a form to be furnished by the Department, which application shall 91 show: 92 93 (1) The name and address of the applicant and of each employee who will 94 operate under the permit; 2 95 (2) The name and address of the firm or corporation which such applicant 96 represents; 97 (3) The kind of goods, ware or merchandise offered for sale; 98 (4) Whether such applicant, upon any order obtained, will demand, accept 99 or receive payment or deposit of money in advance of final delivery; 100 (5) The period of time during which such applicant wishes to solicit, sell 101 and take orders in the city. 102 (6) A statement as to whether or not the applicant has been convicted of a 103 felony or misdemeanor, the nature of the offense or violation, the 104 penalty or punishment imposed, the date and jurisdiction of the 105 conviction, and other pertinent details thereof. 106 107 COMMENT 108 109 There are two changes to the filing requirements. First, the amended section locates the 110 application process under the police function. Second, the filing requirements ask the applicant to 111 give details of criminal history. 112 113 Sec. 26-28. . Reserved. 114 115 . . . - - - •• - _• - _ _ -_ . . - . _ . 116 - - -• - • • _-•. : -- _ : : 117 118 COMMENT 119 - 120 Removing the reference letter requirement is necessary to update the City Code and bring it 121 closer to the present process, which does not require these letters. The requirement of reference 122 letters raises concerns that such letters do not serve a practical purpose, that this requirement 123 serves to slow the process or that the letters provide unconstitutionally vague grounds for denial of 124 an application. 125 126 Sec. 26-29. ' '• • • '• t - t . t t .- . . • t " - - - . Reserved. 127 128 130 131 COMMENT 132 133 Removing the fingerprint requirement conforms the City Code with the current process. 134 135 Sec. 26-30. Photographs of applicant and employees required. 136 137 • - -__ . ..: •-:_ • -: t _ 139 :• : :t . : - t_ - : • • - - 140 - . - • - • . • - Upon receipt of application, the police department shall 141 take a photograph of the applicant for use in the solicitation permit. 142 143 COMMENT 3 144 145 The changes to§26-30 clarify the application process. No longer is the applicant required 146 to supply the photograph. 147 148 Sec. 26-31. Applicant's-bend, Reserved. 149 • 150 _ , ., _ .. •' . : : _ . 151 -•• . - . _.. _ _: : . ._- : ._ : :- :: _ • - , - - 152 • •-• _ __ _ ___ _ _ _ _ _ _ _ _ : : : •• .:_ , . , 153 - - ' - - '• - - - . 154 : : -: : •- . : : _. • ._ - • . : _ . 155 --• •: : : : : . _ . _ _ . 157 . . __ _ - • - - - -. - _ 158 ._ _ .. - . - : : - :: .'• -:. - - . - _ 159 :- : • . , - - ••- •: _ • .: _ - :: _ . .• _ - : 160 : : - . . •: - ._ _ :: • : :- . 161 162 COMMENT 163 164 Removing the bond requirement is advisable because similar bond requirements have been 165 invalidated by courts as either unduly burdensome or restraining interstate commerce. 166 167 Sec. 26-32. Fee. 168 169 An application filed under this division shall be accompanied by a fee of twenty 170 dollars ($20.00). Such fee shall be for the purpose of covering administration 171 investigation costs and is not to be returned to the applicant if a permit is refused. 172 173 COMMENT 174 175 This edit clarifies the purpose of the permit fee. 176 177 Sec. 26-33. Investigation. 178 179 (a) - :- _, . -: : : . _ : • :- . -: : _ : • 180 made by I The sity—manager Police Chief or his designated representative shall 181 investigate the criminal record of the applicant prior to issuing any permit. The cost of 182 such record check is set forth in section 27-3. In reviewing the record, the Police Chief 183 shall pay specific attention to any felonies, violent crimes against the person, crimes of 184 moral turpitude or crimes involving fraud and/or misrepresentation, such conviction 185 being entered within seven (7) years preceding the date of application. The Police 186 Chief shall follow section 26-34 in response to this investigation. into character, 187 - _ - - •_• •: _ - .: : : - . : : -- - 188 189 (b) Such investigation shall take place during a reasonable period of time. If 190 such investigation is to exceed a period of fifteen (15) days, the city-manager Police 4 191 Chief shall provide the applicant with a written statement specifying the reasons for the 192 delay in acting upon the application. 193 194 COMMENT 195 196 This amendment seeks to change the descriptive language of the investigation from 197 "character" and "reputation" to "crimes of moral turpitude," "fraud" and "misrepresentation." 198 Character and reputation are broad terms and present the potential for ambiguity and inconsistent 199 application. The investigation is directly tied to the City protecting its citizens from the particular 200 vulnerabilities of commercial solicitations. By focusing on crimes of moral turpitude, crimes 201 against the person, fraud and misrepresentation, the City and the applicant know the subject 202 matter of the investigation. 203 204 Sec. 26-34. Denial. 205 206 (a) The city-manager Police Chief may shall refuse to issue a permit applied for 207 under this division (i) to any person who has a criminal history of fraud 208 misrepresentation or unlawful conduct, (ii) an applicant who falsifies information on the 209 application, (iii) an applicant who has been denied a permit under this division within the 210 immediate past year, unless the applicant can and does show to the satisfaction of the 211 Police Chief that the reasons for such earlier denial no longer exist. 212 213 (b) Evidence of a criminal history of fraud, misrepresentation or unlawful conduct 214 includes but is not limited to boon convicted the conviction of a felony, a crime of moral 215 turpitude, violent crimes against the person or a crime involving fraud or 216 •• -: _ _. - � - - - 217 felony, a crimc of moral turpitude, or a crime involving fraudulent practices or 218 misrepresentation within the seven (7) years immediately proceeding the date of the 219 application 220 221 Sc1 The Police Chiefs disapproval and the reasons for disapproval shall be noted 222 on the application, and the applicant shall be notified in writing that the application is 223 disapproved and that no permit will be issued. Notice shall be mailed to the applicant at 224 the address shown on the application form or personally delivered to the applicant; and 225 226 Fill Any appeal of an adverse decision by the Police Chief shall follow the process 227 stated in section 26-39. 228 229 COMMENT 230 231 This amendment provides four changes. First, the change of the permissive "may" for the 232 mandatory "shall" limits the discretion of the government employee charged with making the 233 decision to issue a permit. Second, the language shifts from the existence of a criminal charge to 234 that of"a criminal history of fraud, misrepresentation or unlawful conduct." An applicant with a 235 criminal history of fraud,especially in the previous seven years,would be the proper subject of the 236 denial of an application. Third, the code section requires the applicant be informed that the 237 application is denied and the reason for the denial. Fourth, this provision provides for an appeal of 238 an adverse decision. The presence of an appeals process demonstrates the City's desire to get the 5 239 application process right and allows for the applicant to get the decision maker to take a second 240 look. The appeals section,Sec. 26-39,is a proposed section that appears below. 241 242 Sec. 26-35. Permittee's and employee's registration or identification card. 243 244 (a) Upon the issuance of a permit under this division, there shall be issued to the 245 holder of such permit and to each of his employees a registration or identification card. 246 A photograph of the person to whom the card is issued, as referred to in section 26-30, 247 shall be attached to such registration or identification card. A fee of five dollars ($5.00) 248 shall be charged for the issuance of each identification or registration card. 249 250 (b) Each person selling, soliciting or taking orders pursuant to a permit issued 251 under this division shall, while so engaged in such soliciting, selling or taking such 252 orders, carry with him the registration or identification card issued under this section. It 253 shall be the duty of such person to prominently display such card while engaged in 254 soliciting activities - • - - -• -- - • • • - -- - -- - - • - - 255 256 COMMENT 257 258 This amendment requires the permittee to display his/her identification card while engaging 259 in soliciting activities. This change seeks enhance public safety. 260 261 .... 262 263 Sec. 26-37. Revocation. 264 265 (a) The city-manager Police Chief may revoke a permit issued under this division 266 for any of the following reasons: - - . -- - -• - - -• - - - - 267 268 • : - - . .. . - .. , -_: : : - - - '•- . ee -- - 269 : - - _• - - - - ,- ..• -. .. . ._ . 270 271 i. Fraud, misrepresentation or false statement contained in the application 272 for a permit' 273 ii. Fraud, misrepresentation or false statement made by the permittee in the 274 course of conducting solicitation or sales activities. 275 iii. Conducting solicitation or sales activities contrary to the provisions 276 contained in the permit. 277 iv. Conviction of any felony or crime of moral turpitude; or 278 v. Conducting solicitation or sales activities in such a manner as to create a 279 public nuisance, constitute a breach of the peace or endanger the health 280 safety or general welfare of the public. 281 282 (b) Such revocation shall result in the invalidation of the registration or 283 identification card issued pursuant to section 26-35. 284 6 285 f. The permittee shall be informed of the revocation of the permit and the 286 reason for such revocation. The revocation shall be effective, pending appeal as 287 provided in subsection (e), for the remaining permit period. In no event shall the 288 revocation deny the applicant the opportunity to re-apply for a permit at the end of the 289 permit period in which such permit was revoked. Any subsequent permit application will 290 be evaluated according to section 26-33. 291 292 Written notice of revocation shall be either personally delivered or mailed to 293 the applicant at the address shown on the application form; and 294 295 (e) Any appeal from an adverse decision by the city shall follow the process 296 stated in section 26-39. 297 P98 COMMENT 299 300 This amendment does three things. First,the amendment clarifies the scope of what actions 301 will result in revocation. The amendment replaces vague language with a list of specific activities 302 that will result in revocation. Second, the permittee will be informed that the permit has been 303 revoked and the reason for the action. Third,the amendment adds an appeals process to provide a 304 review of the revocation decision. 305 306 Sec. 26-38. Compliance with other laws. 307 308 Nothing herein shall exempt any person conducting an activity of the type 309 described herein from the requirements of section 13-36 et seq., section 33-6 or any 310 other applicable provision of the law. The Police Department shall coordinate with the 311 Commissioner of the Revenue to encourage any applicant to obtain a business license. 312 313 COMMENT 314 315 This amendment provides for coordination between Police and the Commissioner of the 316 Revenue with regard to applicants that may need a business license. Whether the applicant 317 requires a business license is fact-specific. 318 319 Sec. 26-39. Appeal of adverse determination. 320 321 (a) In the event of a denial of an application or the revocation of a permit issued 322 under this division, the applicant/permittee is entitled to an appeal of the adverse 323 determination 324 325 (b) The appeal of the adverse determination must be in writing and filed with the 326 City Manager's Office within fifteen (15) days of the adverse determination' 327 328 Cc) In the event that the appeal is not submitted in writing and filed with the City 329 Manager's Office within fifteen (15) days of the adverse determination, the right to an 330 appeal is waived by the applicant; and 331 7 332 (d) If an appeal is filed according to subsection (b). the City Manager or his 333 authorized designee shall schedule a hearing of such appeal on a date not later than 334 ten (10) days after the filing of the appeal; provided, however, that such hearing may, at 335 the discretion of the City Manager or his designee, be rescheduled for good cause 336 shown. The decision of the City Manager or his designee is final. 337 338 COMMENT 339 340 This proposed provision calls for an appeals process. The appeals process is a safeguard for 341 both the City and the applicant. The process allows the applicant to have the application denial 342 reviewed or the permittee to have a revocation reviewed. By having an appeals process, the City 343 demonstrates good faith in the permitting process. Provisions (b) and (c) limit the time window for 344 the filing of the appeal. Provision (d) provides a timeline for scheduling the appeal. The ten days 345 for scheduling is similar to the appeals provision for Newsracks on Public Property in City Code§ 346 33-18.1(h). 347 348 Sec. 26-40. Transfer Prohibited. 349 350 It shall be unlawful for any person other than the permittee to use or wear any 351 permit or badge issued under the provisions of this division. A violation of this provision 352 shall be a class two misdemeanor. 353 354 COMMENT 355 356 The purpose of this proposed section is to explicitly prohibit the use of a permit by anyone 357 other than the permittee. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Chief Cervera Dan armeyer Police Department City Attorneys Office CA13895 R-2 December 2, 2016 8 1 AN ORDINANCE TO AMEND SECTIONS 36-138, 2 36-145, 36-146, 36-147, 36-148, AND 36-149 OF 3 THE CITY CODE PERTAINING TO TAXICAB 4 DRIVER PERMITS 5 6 Sections Amended: §§ 36-138, 36-145, 36-146, 7 36-147, 36-148 and 36-149 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH: 11 12 That Sections 36-138, 36-145, 36-146, 36-147, 36-148 and 36-149 of the Code 13 of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as 14 follows: 15 16 Sec. 36-138. - Application fee. 17 18 Each person filing an application pursuant to section 36-137 shall pay to the city 19 treasurer an application fee of fifty dollars ($50.00). The fee for processing such 20 application is non-refundable. Upon completion of the application, an approved 21 permitee is issued a printed permit card, and the cost of such printed card is five dollars 22 ($5.00). 23 24 25 26 Sec. 36-145. - Posting and display. 27 28 The driver of a taxicab shall keep the taxicab driver's permit issued to him or 29 her under this division posted and displayed inside his or her taxicab so as to be 30 plainly visible to all passengers in the taxicab. The printed permit card provides the 31 name of the driver and the taxicab company. If a driver is employed by more than one 32 taxicab company, the driver is required to obtain a permit card for each company. If a 33 driver terminates employment with the listed taxicab company and obtains 34 employment with a different taxicab company, the driver may obtain a replacement 35 card from the police department with the current taxicab company. The cost to re- 36 issue the printed card is five dollars ($5.00). 37 38 Sec. 36-146. - Term. 39 40 A taxicab driver's initial permit issued under this division shall be effective for a 41 period of one (1) year from the date of issue, unless sooner suspended or revoked. 42 43 Sec. 36-147. - Renewal. 44 45 After completion of the initial term, described in section 36-146 a taxicab 46 driver's subsequent permit issued under this division may be renewed every two years 47 by the chief of police, if the applicant for such renewal is, at the time thereof, qualified 48 under the provisions of this division to have issued to him or her an original taxicab 49 driver's permit. At the time of such renewal, a two (2) recent photographs of the 50 applicant shall be filed with the chief of police, to be used for the same purpose that 51 photographs filed with an original application are used, along with a renewal fee of fifty 52 dollars ($50.00) made payable to the city treasurer. Such renewal application shall 53 include a review of the applicant's criminal history and driving record. The police 54 department may undertake a review of the applicant's criminal history and driving 55 record at the one year anniversary of the submission of the application or at other 56 times in the discretion of the police department. 57 58 Sec. 36-148. - Replacement when lost or destroyed. 59 60 In the event a taxicab driver's permit issued under this division is lost or 61 destroyed, the person entitled thereto may make application for and obtain a duplicate 62 thereof, upon furnishing information of such fact, by affidavit or in a manner otherwise 63 satisfactory to the chief of police, and upon paying to the city treasurer a fee of five tea 64 dollars ($518.00). 65 66 Sec. 36-149. - Revocation or suspension. 67 68 A taxicab driver's permit issued under this division may be revoked or 69 suspended by the chief of police for any of the following causes: 70 71 (1) Failure to report any accident as required by law. 72 (2) Repeated and persistent violations of state or local law relative to traffic. 73 (3) Conviction of driving under the influence of drugs or alcohol, refusal to take 74 a blood or breath test, reckless driving, racing, eluding police or leaving the 75 scene of an accident. 76 (4) (3) Conviction of any felony or misdemeanor crime of moral turpitude. 77 (5) (4) Suspension or revocation of a driver's state operator's license. 78 (6) (5) Falsification of the application for the permit. 79 (7) (6) Failure to comply with any provisions of this article. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Chief Cervera Dana . meyer Police Department City Attorney's Office CA13894 R-3 December 2, 2016 1 AN ORDINANCE TO AMEND SECTION 27-3 OF 2 THE CITY CODE PERTAINING TO POLICE 3 RECORDS, SERVICES, AND FEES 4 5 Section Amended: § 27-3 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH: 9 10 That Section 27-3 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 27-3. - Authority of department to furnish copies of records, perform certain 14 services, etc., and fees therefor. 15 16 (a) The department of police is hereby authorized to release forensic photographs 17 after all criminal charges are resolved and when such release is provided by law, to 18 furnish photostatic copies of accident reports and offense reports, and to allow such 19 reports to be viewed by proper persons consistent with the provisions of the Virginia 20 Freedom of Information Act, Code of Virginia § 2.2-3700. 21 22 (b) The chief of police is hereby authorized to make record checks and reports (local 23 record only) and take fingerprints of individuals on request. For the processing of 24 applications for permits required by law, the following fees shall be charged: 25 26 (1) Record check and report by name (local) $ 15.00 27 (2) First fingerprint card requested by individuals 10.00 28 (3) Subsequent fingerprint cards requested by individuals 5.00 29 (4) Certificate for public convenience and necessity 50.00 30 (5) Precious metals permit 550.00 31 (6) Vcndor permit 25.00 32 33 (c) If a permit issued by the department of police requires a record check of the 34 applicant, the fee for such record check shall be equal to the fee set forth in (b)(1) of this 35 section Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Chief Cervera2na armeyeH r/ Police Department City Attorney's Office CA13897 R-1 November 30, 2016 ;. " ,;, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of the City's Lake Gaston Pipeline Easement located in Brunswick County, Virginia by Transcontinental Gas Pipe Line Company, L.L.C., a Delaware limited liability company MEETING DATE: December 13, 2016 • Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of Virginia Beach. A portion of the Pipeline lies within a City pipeline easement (the "Pipeline Easement") crossing property owned by Virginia Electric and Power Company ("VEPCO"). Transcontinental Gas Pipe Line Company, L.L.0 ("Transco") has requested permission to encroach into the City's easement to install an underground 24" gas pipeline perpendicular to, and underneath, the City's 60" raw water pipeline. The proposed 24" gas pipeline will feed the Greensville County Power Station, which is currently under construction. The section of the City's easement that will be affected lies adjacent to the intersection with Lewis Drive (Route 605). • Considerations: Public Utilities staff has reviewed the request to encroach and has determined that it will not interfere with the City's operation of the Pipeline, and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are encroachments across the Pipeline Easement for a variety of purposes. VEPCO has separately given Transco authority to cross its property. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Encroachment Exhibit, Agreement, Disclosure Statement and Ordinance Recommended Action: Approval of the Ordinance Submitting Dep. •tine• r • •ency: Public Works/Real Estate \-256 p City Manager: f 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF THE CITY'S LAKE 5 GASTON PIPELINE EASEMENT LOCATED IN BRUNSWICK 6 COUNTY, VIRGINIA BY TRANSCONTINENTAL GAS PIPE 7 LINE COMPANY, L.L.C., A DELAWARE LIMITED LIABILITY 8 COMPANY 9 10 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 11 Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). 12 The Pipeline provides raw water from Lake Gaston to the City of Virginia Beach; 13 14 WHEREAS, a portion of the Pipeline lies within a City easement crossing 15 property owned by Virginia Electric and Power Company; 16 17 WHEREAS, Transcontinental Gas Pipe Line Company, L.L.C. ("Transco") 18 desires permission to encroach into the City's easement to install a buried 24" 19 perpendicular to, and underneath, the City's 60" raw water pipeline. The proposed 24" 20 natural gas main will feed the Greensville County Power Station, which is currently under 21 construction (the "Temporary Encroachment"). The section of the easement that will be 22 affected lies adjacent to the right-of-way's intersection with Lewis Drive (Route 605); 23 24 WHEREAS, Public Utilities has advised that granting the Temporary 25 Encroachment will not interfere with the City's operation of the Pipeline; and 26 27 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 28 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 29 the City's easement subject to such terms and conditions as Council may prescribe. 30 31 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 35 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Transco, its heirs,assigns and 36 successors in title are authorized to construct and maintain its underground gas pipeline 37 facilities in the City's easement as shown on the exhibit entitled: "TRANSCONTINENTAL 38 GAS PIPE LINE COMPANY, LLC UTILITY CROSSING PERMIT DRAWING VIRGINIA 39 SOUTHSIDE EXPANSION PROJECT II PROPOSED 24"GREENSVILLE LATERAL CITY 40 OF VIRGINIA BEACH,(M.R 3.70)DISTRICT 06 MAGISTERIAL, BRUNSWICK COUNTY, 41 VIRGINIA", dated November 15, 2016, a copy of which is attached hereto as ExhibitAand 42 on file in the Department of Public Utilities and to which reference is made for a more 43 particular description; 1 44 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 45 subject to those terms,conditions and criteria contained in the agreement between the City 46 of Virginia Beach and Transco (the "Agreement"), an unexecuted copy of which has been 47 presented to the Council in its agenda, and will be recorded among the records of the 48 Clerk's Office of the Circuit Court of Brunswick County; 49 50 BE IT FURTHER ORDAINED, that the City Manager or his authorized 51 designee is hereby authorized to execute the Agreement; and 52 53 BE IT FURTHER ORDAINED,that this Ordinance shall not be in effect until 54 such time as Transcontinental and the City Manager or his authorized designee execute 55 the Agreement. 56 57 Adopted by the Council of the City of Virginia Beach,Virginia, on the 58 day of , 201 . CA13627 R-1 PREPARED: 12/6/16 \\vbgov con,\dfsl\applicationskttylawprod\cycom32\wpdocs\d016'p02]\00333551.doc APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE 1L\A CITY ATTO APPROVED AS TO CONTENT: • PUBLIC UTILITIES, ENGI 2 EXISTING WATER VALVE 402' NORTH OF PIPELINE CR0551NG N LEWIS DRIVE y9�&/ -_, IS.R. 6051 \ _ _ s 30'PRESCP IPT IVE R/W s v ���(n I 1rA e 16 sat I Iw GRAVEL ROAD 4 ' 11 ' o i VIRGINIA ELECTRIC AND 150' VIRGINIA ELECTRIC AND I '^ POWER COWAN,' POWER COWART EASEMENTI y V5511-VA-OR-1141-0035.000 VSSII-VA-BR-1144-0036.000 ` INSTRUMENT NO. 150000819 I �- TAX MAP N0. 61-16 \ t I P 74,3 50' TRANSCONTINENTAL GAS PIPE I LINE COWANY LLC RIGHT OF WAY 3.70 LAT. - 36'13'27.06" LAT. = 36.43'26.90" LONG.= 1199'36.94' LONG.= 77.39'36.63° N: 3424232.064 N: 3424216.789 E: 11729029.181 E: 11729055.091 •- - -- ', 559.29'00°E \__. LOW DITCH �--- E �y 12' STEEL CULVERT ilite" �� 70 .. PROPOSED 24' --- 60" WATER MAIN I1 GREENSVILLE LATERAL 11. EXISTING WATER VALVE 628' 18 W� W/WPP 5011TH OF PIPELINE CROSSING ; . y0+4!A 'I, 0.0.•) 30' CITY OF VIRGINIA BEACH _ad / YC EASEMENT DB 217. PG 407 T Z i, ICHAEL W.HOOVER > OE11w2 fIDRATYTA LU Liz.No.000175S MOS WN MID[Mitt. WILE WO GLNI ALLEN. VIRGINIA 23/0127/ A S�f jn�, 0 40 80 120 of I ii 11 I'>-�Up` 1 mot 11N..p AL WW* 10° stag w ERT ^y N IIiV6�0 MOO s_fl 9MpNW0 n IMtm1 TRANSCONTINENTAL GAS PIPE Lit COMPANY LLC UTILITY CROSSING PERMIT DRAWING VIRGINIA SOUIHSIOE EXPANSION PROJECT II PROPOSED 24' GREENSVILLE LATERAL, CITY 0P VIRGINIA REACH. (M.P. 3.70) DISTRICT 06 MAGISTERIAL, BRUNSWICK COUNTY, VIRGINIA No an M N14416:6011MPOO. NO NR CML /PP WIWM WR 9Ait I+n47111 NWMFMNY Ism 1'•0 0 11/17/16 115 II F MMIWI ARM111Y: 5 RATE 11/17/11 INIROPoWWMIIWCINk wrnavn a ML I1Nn1 kiwi 24-1327-55-0611-A/19549 oar) N' 111110 W�NM_ 11 A.rrrwr,q 9+tassi ac ° o = 7 7 %PCP CRIP17 5: 'M'ft \ ISO' VIRGINIA ELECTRIC AND POWER COMPANY EASEMENT 401 NOR WATER VALVE ®®® Iryl' NORTH OL CROSS INC GRAVEL ROAD n Fi. _]6•aY 21.06"� Eo / L 'LATERAL 4-PROPOSED PI ON6=P%9']6.91' \ PAOPOSED 20X60 BORE P I I cI v" 559°29'00"E FLOW DITCH 2" STEEL LLLVEHI 030 P°39'36 6]" LAi. ]6°1]'26.90' '� 60" WATER MAIN INIA BEACH EASEMENT 15' COV.I 13' CITY OF VIRGINIA VIRGINIA ELECTRIC AND EXISTING WATER VALVE ' POWER COMPANY 628' SOO-H OF CROSSING VSSII-VA-BR-1111-0035.600 VSSII-VA-0R-1141-0036.000 PIAL ▪ :7: m r YY 210 —• - ____ _ _ _ 210 NATURAL GROUND 60" WATER LIN NATURAL. GROUND 5' MIN. 200 5 MIN. 15' COVER 200 190 X190 180 PROPOSED 24 f�.. FLOW 100 170 -GREENSVILLE LA'EPAL 1 170 20X60 95° ELL-4--- 21" MIN. CLP. 45° ELL 20Y60 100 BORE Pa _i` -` BORE PIT 150 • 150 —24" 0.0. x 6.500" W.T.• X?O 40' - 24" 0.0. x 0.500" W.T.. M70 24" 0.D. x 0.500" W.T., X70— IW W/L.0 MILS FRE 8 10 MILS ARO COATING W/1D MILS FRE d 40 MILS ARO COATING W/10 MILS FOE 8 10 MILS ARD COATING 140 MULE 140 NOTES TO CONTRACTOR: MULE T.O.M. -SURVEY CONTROL POI UTeu 1' = 40' tioi¢ 399.21' LT. OF STA. 195"21 1i1�6""vHE TNFOoATIGoSHON ELEV. zo0.s4' 1xAvo eal GARAN-LE-HE „LL."p.A" 1' = 4a' vERT. pRoposEn NOEL THE ANT up ExIsTiNs FAcTL:TiEs WILL BE MAINT,INEO• 3- CONTRACT5,TB LOCATE*a UNDENGqOUNO WIT TTIFS`MCP TO BEG mist LONSTRIK r TON. I. BEARINGS'S-WIN ARE RECERENCED TO THE V:RGINIA STATE PLANE Cat'ENA7E STSTrW'NOB 03. SI Ti-'en' 7. COOT IT(3.1S-RUCTIN. WV Mt 165-170-C a-1mma+yllna nnrxm _ ""`"` "` am 1a TRANSCONTINENTAL GAS PIPE LINE COPANY LLC UTILITY CROSSING PERMIT DRAWING R` VIRGINIA SOIITNSIDE EXPANSION AOJECT II �\.IIIII (A ` PROPOSED 24' GAEENSVILLE LATERAL 'L�` CITY 6 VIRGINIA BEACH, L.Y.P. 3.701 DISTA ICL 06 MAGISTERIAL. BRUNSWICK COUNTY. VIRGINIA �. w C"< P. CHECKED L DATE,Wm„«, I /1, M N, N W, DATE IWC: •PPR /EDO4 W l DATE mmm „'"".wIN"`21-1327-55-17-A/19549 SFEET I Ww HMO y ° "921.,.�,. 2 COTT 3" "BIG FINK" 5 TERMINAL TEST STA. w/PLATED BRASS HARDWARE OR SIMILAR GROUND #8 RED OR WHITE WIRE #12 RED OR WHITE WIRE FOREIGN PIPE #12 BLACK WIRE PERMANENT REFERENCE #8 BLACK WRE CELL (OPTIONAL), PLACE SEE NOTE 2 (TPP.) HALF WAY BETWEEN LINES F1•_O^ GULESIREAM PIPE MIN. TYPE "F" TEST STATION L FOREIGN PIPELNE CROSSING NOTES. 1ALL PARES TO BE AWG COPPER (112 SOLID, #8 STRANDED) NTH THW INSULATION IN THE COLOR INDICATED. 2ALL WRE CONNECTIONS TO PIPELINE TO BE BY SEPARATE THERMAL WELDS (15 CRAMS MAX.) A MINIMUM OF ONE (1) FOOT APART IW1H APPROPRIATE PIPELINE COATING REPAIR. SOLDERING OR OTHER APPROVED METHOD MAY BE USED IN PLACE OF THERMITE WELDS. 3WIRES TO BE LOOPED AROUND PIPE AT CONNECTION POINTS, IF POSSIBLE. feet RUNT,O RLLOI t 140EYR2.LLC ori . NNE 100 BIRYINONI05 AL,55209 Mifl not EW-910-ILII DRAWING NO REFERENCE TITLE TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC CATHODIC PROTECTION 5.4 TYPE ATI ^ V` TEST STATION NO. `re n.• MIMbN OESCRIPn '1�` o.NO. CHK APP. OW^BY. WA DATE. 2. 18-400t 1244 0 I. p P 1 NI RASA FOA CHECKED BY. DATE. \\\,/_ APPROVED BY. DATE HUMBLER 24-1321-55-17/A-19549 SHEET 2 Pro. 'flOOwa...A�w 'Kw.'.'I1014,ssr xi ..w 195.13 am OF 2 rod Virginia Beach APPLICANT'S NAME Transcontinental Gas Pipe Lin e Company, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development 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 Page 1 of 5 Planning Co omission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE. /1/4 ig. NO CHANGES AS OF DATE /2/0.7--- ▪ REVISIONS 2'/0�REVISIONS SUBMITTED DATE Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Transcontinental Gas Pipe Line Company, LLC If an LLC, list all member's names: _ae. attached-page If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached page (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Transcontinental Gas Pipe Line Company,LLC is a subsiduary of Williams Companies, 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 NOTa 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:_Virginia Electric and Power Company If an LLC, list the member's names: Page 2 of 5 Page 2 Section (A) Transcontinental Gas Pipe Line Company, LLC Key Executives: Richard D. Rodekohr Vice President and Treasurer Phillip D. Wright Senior Vice President and Director Members: Steven J. Malcolm Phillip D. Wright Frank J. Ferazzi Gary D. Lauderdale Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached page (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) See attached page "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Page 3 Section (A) Virginia Electric and Power Company Officers and directors Thomas F. Farrell II Chairman of the Board, Chief Executive Officer David A. Christian President, Chief Operating Officer Paul D. Koonce President, Chief Operating Officer David A. Heacock President, Chief Nuclear Officer Mark F. McGettrick Chief Financial Officer, Executive Vice President, Director Steven A Rogers Senior Vice President, Chief Information Officer Robert M. Blue Senior Vice President - Law, Public Policy, Environment, Director Michele L. Cardiff Chief Accounting Officer, Vice President, Controller Page 3 Section (B) Virginia Electric and Power Company (Virginia Power) is a regulated public utility that generates, transmits and distributes electricity for sale in Virginia and North Carolina. Affiliations: Dominion Virginia Power (DVP) and Dominion Generation. Dominion Virginia Power and In North Carolina, the Company conducts business under the name, Dominion North Carolina Power Virginia' Bach YES NO SERVICE PROVIDER(use amnions/cheers i7 semen ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect I 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 purchasers service providers) ❑ ® Construction Contractors ❑ ❑ Engineers/Surveyors/Agents See attached Financing(indude current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ IN Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property e e 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 Page 4 Response to Engineers/ Surveyors/Agents: 1 .) Cari Coats: Wood Group Mustang, Inc. 2) Richard C. Healy: Hunt, Guillot & Associates, LLC 3.) Michael W. Hoover: Dewberry Consultants LLC Virginia aeach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATUR PRINT NAME DATE c PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(0)(4) LAKE GASTON PIPELINE ENCROACHMENT AGREEMENT THIS AGREEMENT, made this day of , 201_, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, a Delaware limited liability company, with an address of 2800 Post Oak Boulevard, Houston, TX 77056-6106, and its successors, assigns, apportionees, permitees, licensees, contractors and invitees, hereinafter called "Transco" or "Grantee"; WHEREAS, Virginia Electric and Power Company, a Virginia public service corporation d/b/a Dominion Virginia Power (hereinafter "VEPCO"), is the owner of that certain lot, tract, or parcel of land designated and described as "Tract 233-B- TMP: 18-3540-B" and is also shown on that certain plat recorded in the Clerk's Office of the Circuit Court of Brunswick County, Virginia, in Deed Book 75, at page 438, and being identified in the deeds to VEPCO, or its predecessors in title in deeds recorded in Deed Book 164, at page 475; and Deed Book 170, at pages 447 and 461 in the aforesaid Clerk's Office; WHEREAS, by virtue of a certain Right of Way Agreement granted to the City, dated February 1, 1990, recorded in the aforesaid Clerk's Office in Deed Book TAX MAP: 67-16 247, at page 407, and further described as #1262-7-F-5, and being designated as Parcel 066 on that certain plat (Sheets 1, 2, and 3 of 3) entitled, "PLAT SHOWING ACQUISITION FOR LAKE GASTON WATER SUPPLY PROJECT, (CIP 5-964) POWELLTON DISTRICT BRUNSWICK COUNTY, VIRGINIA," dated October 9, 1986, said plat being recorded in the aforesaid Clerk's Office, in Plat Book 11, at pages 104, 105 and 106 (hereinafter referred to as the "Easement Area" or"Easement"); WHEREAS, it is proposed by the Grantee to construct and maintain a 24" underground gas pipeline (the "Pipeline Encroachment") within the City's Easement Area; WHEREAS, the Grantee has requested that the City permit the Pipeline Encroachment within the Easement Area for the purpose of constructing and maintaining the Pipeline Encroachment; and WHEREAS, VEPCO has consented to the Pipeline Encroachment by separate agreement between VEPCO and Transco dated September 1, 2016. WITNESSETH: NOW, THEREFORE, for and in consideration of the premises and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, and for the benefit of the parties involved, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Pipeline Encroachment subject to the conditions set forth herein. It is expressly understood and agreed that the Pipeline Encroachment will be constructed and maintained in accordance with all federal, state and local laws and 2 in accordance with the City's specifications and approvals, and is more particularly described as follows, to wit: A Pipeline Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC UTILITY CROSSING PERMIT DRAWING VIRGINIA SOUTHSIDE EXPANSION PROJECT II PROPOSED 24" GREENSVILLE LATERAL CITY OF VIRGINIA BEACH, (M.P. 3.70) DISTRICT 06 MAGISTERIAL, BRUNSWICK COUNTY, VIRGINIA," dated November 15, 2016 a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately ordering the Grantee to remove, all or any part of the Pipeline Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall comply and bear all costs and expenses of such removal. In the event of an emergency, the City may call Transco Emergency Gas Control at 1 (800) 440-8475 to report the location, the City's name, and any other details about the incident. The gas control center shall promptly dispatch company representatives to the incident. In the event of a public necessity, the City may contact a Williams Charlottesville Division Land Representative at 345 Greenbrier Dr. Charlottesville, VA 22901. It is further expressly understood and agreed that the Pipeline Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within sixty (60) days after the notice is given, the Pipeline 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 3 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 to public, or to the City's raw water pipeline. The Grantee agrees to maintain the Temporary Encroachment in a manner that does not cause damage or shorten the useful life of the City's raw water pipeline. It is further expressly understood and agreed that the Grantee is not to perform construction (especially open cut pipe installation) within the Encroachment Area without a City representative onsite to oversee construction. The Grantee must notify the City of Virginia Beach Department of Public Utilities (757-385-4171) and SUEZ (434-577-2604 or 804-756-7600) at least 48-hours prior to construction within the right-of-way. Trenchless pipe installation shall comply with Section 20VAC5-309-150 titled "Requirements for Trenchless Excavation" found in the Virginia Professional Excavator's Manual. It is further expressly understood that if the Grantee must construct within the City's right-of-way that the Grantee shall notify Miss Utility (811) at least 48-hours prior 4 to any construction to allow them time to mark utilities. The Grantee must obtain a cleared Miss Utility Ticket. The 48-hour period begins at 7:00 AM the day after notifying Miss Utility. During construction, the Grantee must not excavate if there is clear evidence of unmarked utilities. It is further expressly understood that if utility conflicts are discovered between proposed utilities and the City's existing raw water pipeline, work shall not commence until all construction revisions are approved by the City of Virginia Beach Department of Public Utilities. It is further expressly understood that the Department of Public Utilities reserves the right to stop work during construction and require a revision if field conditions and/or field changes impact the City's raw water pipeline. It is further expressly understood that if the Grantee, or contractor working on behalf of the Grantee in the City's right-of-way, is aware of any damage to the City's raw water pipeline resulting from construction activities, the Grantee, or contractor, shall immediately notify the Virginia Beach Public Utilities Engineering Division (757-385- 4171) and SUEZ (434-577-26045 or 804-756-7600). The party responsible for the damages shall be held liable for the cost of necessary repairs to the City's raw water pipeline, or right-of-way. It is further expressly understood and agreed that the Grantee must obtain a permit from the local governing body of the jurisdiction in which the work is being performed prior to commencing any construction within the Encroachment Area (the "Permit"). 5 It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Virginia Beach Department of Public Utilities 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 included as an additional insured in an amount of $1,000,000 per occurrence combined single limit. 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 Pipeline Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and "as built" plans of the Pipeline Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City may pursue all available legal remedies in a court of competent jurisdiction in the Circuit Court of the City of Virginia Beach, Virginia, if any of the terms set forth herein are not complied with. 6 WITNESS, the following signatures and seals: CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized (SEAL) Designee of the City Manager ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: PUBLIC UTILITIE \ APPROVED AS TO LEGAL SUFFICIENCY AND FORM ATR APPROVED AS TO CONTENT: PUBLIC WORKS/REAL ESTATE II 8 TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, a Delaware limited liability company By s' (SEAL) Name: Mich-- Iifford Title: Land Representative III COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Henrico , to-wit: The foregoing instrument was acknowledged before me this day of De ren Jne✓ , 20112, by Michael Clifford (name), J and Representative III (title) of Transcontinental Gas Pipe Line Company, LLC, a Delaware limited liability company. .cq,r Carl E.Coatr NOTARY PUBLIC 0. Commonwealth of Virginia 11 Reg. #7527663 20 y MY Commlaslon EZDires • Deeember 31, 2016 (SEAL) 1� A�Public— Notary Registration Number: t 27 (oto My Commission Expires(Decew.lie✓ 31 42o14, 9 EXISTING WATER VALVE 402' NORTH Of PIPELINE CROSSING N LEWIS DRIVE ae�L� _` (S.R. 6051 I '' ' �• 30'PRESCRIPTIVE R/W `rg�� - riac 1 Q Is\ 1w GRAVEL ROAD 4 c 4 ' 0 rn VIRGINIA ELECTRIC AND 150' VIRGINIA ELECTRIC AND � ^ POWER COMPANY VSSII-VA-BR-1144-0035.000 POWER COMPANY EASEMENT VSSII-VA-BR-1144-0036.000 INSTRUMENT NO. 150000819 N TAX MAP NO. 67-16 \ k.. .. I I $ 50' TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC RIGHT 6 WAY IAT. - 36.13'27.06" LAT. = 36.43'26.90' LONG.= 777 N 9'36.94` I LONG.= 77.39'36.63" -- N: 3424232.064 N: 3424216.789 E: 71729029.187 E E: 11729955.094 111' 559.29'00'E - POW DITCH J �q -. �- 12' STEEL CULVERT ke' -- -- --- -- -- -- M11 30 .. _ PROPOSED 24' 60" WATER MAIN 11 GREENSVILLE LATERAL I 15' COV, i 11111111 11 13'A"' EXISTING WATER VALVE 628' �MI I//NOa1WWWW SOUTH Cr PIPELINE CROSSING { - _AIIAL OpNOOO 30' CITY OF VIRGINIA BEACH T� EASEMENT 08 217, PG 407 / AZ � �W.xEaTBe £ DEIGEMV MIXATMR WC Lit.No.000175S 405 LME MOX 011W. NIR 200 WEN ALLEN, YINIXO 2IMO-14T1 NM RUN N AMNMH.N4 D "9 afn �7� gt"C MY11WIMA4 4 e2YA IN l W ininr NOM 110.141117M:NE W RQ ORMUN WIHe1MTP1N TRANSCONTINENTAL GAS PIPE LINE CWPANY LLC roil UTILITY CROSSING PERMIT DRAWING VIRGINIA SOUTHSIDE EXPANSION PROJECT II PROPOSED 24' GREENSVILLE LATERAL, ----la CITY OF VIRGINIA BEACH. OLP. 3.701 DISTRICT 06 MAGISTERIAL. BRUNSWICK COUNTY. VIRGINIA b OAR M AW1110.0M0M *000 OK M0, MOW We Mt HalURtO'ap 'OCHE 1•.4' 0 11/17/11 IN Is6 FUFWMMITI! 1 WWgMM: B Opm 11AIAE 111.I07011pWpI1C11M mare, • 04IL HAM hill" WA.M 24-132715-0G84/19549 per I SID, lite riassis.ea t2rir eas..,,on a r4<ikas I • 72 LEA LEL m \� 27 a- - 2 l _iv. \ 15D' VIRGINIA LLL TRIC AND POWER COMPANY EASEMENT 4O2 NOC WATER VALVE �� 102' xoxrH OF CROSSING GRAVEL ROAD ].]O '•� z0r60 LAT. =l6°nJ'2i.06" BOBF PIT LONG: 7199'36.94 -PROPOSED 24" 20X60 jr; cBEENsv IL LE LATERAL BORE P11 I ��� S59°29]FLOW ...^E DITCH -- _ 04, Y LAT. _]6°13'26.90" 12" STEEL CULVERT 3D LONG• 7799']6.63" V 3D' CITY OF VIRGINIA BEACH EASEMENT 6D" MATER MAIN Illa I5' CDV.1 I ,.1 13 VIRGINIA ELECTRIC AND EXISTING NATER VALVE POWER COMPANY629' SOUTH OF CROSSING 111� V5511-VA-BR-1144-0035.000 EAR V5511-VA-BR-1144-0036.00D Y TT-1-7m 'PTT 210 _ _ _ ___ _ _ __ PJC NATURAL GROUND 60' WATER LINE F-NATURAL GROUND 5' MIN. 200 > 5' MIN. —5' COVER (/ ' 200 190 - -t— _\ 1, �.,. 190 100 ILLS LAT 24 FLOW_ 100 170 -GREENSVILLE LATERAL - - 170 45' ELL ' 21" MIN. CLR.- IS• ELL 20X60 160 20M6D — BORE PIT 160 BORE PIT 15D z1' S.0. x o10oM^ S RCOo 4D' - LS" OE c. r oMILS" C. TIN zM" S.FBI O10OM^ .i.. COA 1A M%IO MILS TBE & 10 MILS AAD d COATING M/10 MILS FOE 10 MILS APORD COATING N/10 MILS FBE 8 10 MILS AAO COATING 140 140 NOTES TO UINTRACIPP: PROD ROFlI F T.B.M. - SURVEY CONTROL POINT 1' = 4C NORIZ. 399.21' LT. OF STA. 195°21 1 _ 40' VERT ELEV. 200.64' INAVD BBI GUARANTEE THE ACCURACY OF ILA 1E077 ION 7107 011THE EF0RS IN Looma,OR FOR THE EAELURE TO 000 ANT 30 707 LL 0. 2. A MINIEUE CLEAR WU a 21 INCHES 7177 14, PECPOSED PIPEL 17 AND 717 72112 cmciTIES WILL RE 7147ENED• 2 BEARINGS DNB"ARE REFERENCED TO NNE FIRCINIX S•XTE E• ELEVATIONS 71714 ARE REFERENCED TO THE 10141 WE 124 VERCAL DATUOF 07 70 GUSINT•Assaults,LAC 82t mS E. LANE,QTGH-orry OO. ASS .-NEaa-Eo4-0035.00.2 OH reca.m11.7.1FLE I00 W.>e-mo-m 0. Alla 01 TAV o w,W 0. REEF CAFFF CE TITLE TRANSCONTINENTAL GAS PIPE LITE COIPANY LLC M`1mna y11nw °mwm" �� _ye to UTILITY CROSSING PERMIT ORATING ` A VIRGINIA SWTHSIDE EXPANSION PROJECT II V` PROPOSED 24 WEENSVILLE LATERAL T' M\```\ CID OF VIRGINIA BEACH, (M.P. 3.701 \\ DISTRICT 06 MAGISTERIAL, BRUNSWICK COUNTY. VIRGINIA ATE �. ` no 1a lxi CHN PP DRAxAWNBv. c DATE.111/nm11 0007 24-1327 wv 0 DA oRODtDE Imo Twan o.re wvm I.,roe"n 15-IT-AEF 1 ..I�.....Tl.e ms„t,.ItS 2 COTT 3" "BIG FINK" 5 TERMINAL TEST STA. w/PLATED BRASS HARDWARE OR SIMILAR GROUND #8 RED OR WHITE WIRE 412 RED OR WHITE VIRE FOREIGN PIPE 412 BLACK WARE PERMANENT REFERENCE #8 BLACK WIRE CELL (OPTIONAL), PLACE SEE NOTE 2 (TIP.) HALF WAY BETWEEN LINES 1m_D" I GULESTREAM PIPE MIN. TYPE "F" TEST STATION �T FOREIGN PIPfINE CROSSING IL NOTES 141 PARES TO BE AWG COPPER (02 SOLID. #8 STRANDED) NM NW INSULATION IN NE COLOR INDICATED. 2ALL MARE CONNECTIONS TO PIPELINE TO BE BY SEPARATE THERMITE WELDS (15 GRAMS MAX.) A MINIMUM OF ONE (I) FOOT APART WN APPROPRIATE PIPELINE COATING REPAIR. SOLDERING OR OTHER APPROVED METHOD MAY E USED IN PLACE OF THERMITE WELDS. 3WRES TO BE LOOPED AROUND PIPE AT CONNECTION POINTS, IF POSSIBLE. xun,alum•A.aaWm,uc EatLj'1J,oxt �rn)NOM Dant, 209 is 1 nxMOM 20. Al. uSm MOM mwro-te/7 DRAWING NO. REFERENCE TITLE TRANSCONTINENTAL GAS PIPE LINE COL&ANY LLC CATHODIC PROTECTION 1011 . ` ' TYPE AT' \Vi - ` V` TEST STATION NO. *E V KKI DESCRIPTIDQ .0.NO. CHIC APP. DRAWN BY: WA DATE 12X-2001 WALE. MX 0 - Is WI IMP FE!PE I CHECKED BY 1 DATE. APPROVED MA DATE XLABWER 24-1327-55-17/A-19549 SHEET 2 WD. K I......Nul.wr Cs.n..1.A?4 1317»I. I9W ,a. DF 2 J. PLANNING 1. DAVID E. STINNETTE application for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations re a single-family dwelling at 726 24th Street DISTRICT 6—BEACH RECOMMENDATION: DENIAL 2. THOMAS A. BROWN / THOMAS A. BROWN AND WAYNE CHAMPIGNY for a Subdivision Variance to Sections 4.4(b) and (d) of the Subdivision Regulations to reconfigure Parcels 4 and K with no increased density East of Riddick Lane,North of Candle Pine Lane DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 3. CHICK-FIL-A, INC. / POP STEAKHOUSE, LLC for an Alternative Compliance to Sections 2203, 2204 and 2210, Central Business Core District re a drive through restaurant at 4752 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. TWO FARMS, INC. / WOODS CREEK CORNER, LLC for Conditional Use Permit re automotive service and car wash at 2150 Centerville Turnpike DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. PROVIDENCE STORAGE, LLC / ROMERO ENTERPRISES, LLC for a Conditional Use Permit re Mini-Warehouse at 6009 Providence Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 6. NORTH LEGEND OUTFITTERS, LLC for a Conditional Use Permit re a home occupation for firearm sales at 2005 Meredith Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. NEW DAY CHURCH for a Conditional Use Permit re a religious use at 4080 Foxwood Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 8. ANCHOR INNOVATION, INC. / ANCHOR ASSET MANAGEMENT GROUP, LLC for Conditional Use Permits re boat/vessel construction, maintenance, repair and storage yard at 532 Central Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. EMIL YUSUBOV / MUSTAFA ZAATUT for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District and a Conditional Use Permit re auto sales at 1249 Oceana Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. VIRGINIA BEACH DEVELOPMENT AUTHORITY / CITY OF VIRGINIA BEACH for Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District re Virginia Beach Biomedical Park land at the Northeast corner of Landstown Road and Landstown Centre Way and property adjacent to the South side of Princess Anne Road between Winterberry Lane and Tournament Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 11. CITY OF VIRGINIA BEACH Ordinance to AMEND: a. Section 230 of the City Zoning Ordinance(CZO) pertaining to Craft Breweries / Distilleries and the preparation of food b. Sections 201 of the City Zoning Ordinance(CZO) pertaining to yard setbacks for generators and pool equipment c. Section 301, 401 and 501 of the City Zoning Ordinance(CZO)pertaining to columbarium located in cemeteries as a principal use in the Preservation, Agricultural and Residential Zoning Districts d. Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements RECOMMENDATION: APPROVAL a, NOTICE OF PUBLIC HEARING The y I i g tt the Cot C ( b C y I V ' Bach II b Id the hil CoM1 of ( Y917:11 ji Bailtl M l Cme Virginia B V Tuesday (kr, Decenber 13,2016 at 6:DDpm,atwhch:metnefollowngapt plicaucnswill be heard. DISTRICT 7-PRINCESS ANNE DISTRICT 6-BEACH Vima Beach De.elopment A-Monty[Als EmI Yusu v[Applicant] Mustafa Zaa pkza^L;City of Vcgiinia Beads[Omnerl Coo- [Owner] Conditional Use Pmntll ,Motor 9iBooal Re,onin9143-1 Agriculture &AG-2 Vehicle Sales]CondiLA Al Re20009 LAG-2 Agricultural to Conditional V Induadal Agricultural to Cundivonal 0-2Co-nmoniry D6tricb The me generally consists of 111 a Business DiffF dl 1.246 Cceana Blvd GRIN parcel at the northeast come'of Landstowr 241E491603l Road and Landstown Centre Way,and 121 parr s adjacent to the suth sire of Pr mess DISTRICT 6-BEACH Anne Road between Win-erbe v Lane and Anchor inn , n.Inc [Apolirza]Anchor t appov mately 514 feet southeast Asset Management Gi uup, LLC [Owner] ot :s intersect pn with Tournament Drve ColPOO al Use P cmn 'Facility to Coo- IGPINs 1484002692 14B4879998 fportim: tiuction,Maintenance and Nepali of Boats oil: 1494249673 (portion oil: 1494370144, and Vessels& Bulk Storage) 532 Central 14942852 494 27824 1494217224. 0m(GPI\14967E7609) 1494278167 1494279027, 149428819 1494277399, 149445595 1494457E55 CITY OF VIRGINIA BEACH 14944547341.Ise pu'pose of the remniifig s An Ddu ancc to amend Section 230 of 0 e to establish the area For use as the Virginia City Zoning Ordnance pe taming to Craft Beach S'wnedknl Pars BIewe,es and Chat Dlstillen es a d the Liepaiation u'fwd DISTRICT 4-BAYSIDE Chick NIA.Inc.[Applicant]Pop Aeakhouse. An Oro^ante to arcend Section 201 of Ole LLC [Owner[Akematrve Cotollaoc' (Sec- Cry Zoning Ordinance penahing to Yard re 2203, 2204 &2210 Gentle! Business setbacks for genemtun any,Ao1 epu. Cole DlsviN 4752 Vugmia Beam Blvd IGPIN mem. 1477}RW61P An Oyeaa amend sect n]B1 of DISTRICTaoliE. t-BEACH Coewaanamni Resort Dim compliance mBancde doson atinnette t-sectio 4.4&/cute Sub_Sob- LICode nng quireiny name mmphance dais n Re ti[Sec 2624 h610 >P1 10'pa'knga�eyuir +ie a lei n Re1unlxnonsf]]E 24th EtrneleW Pn 2417884]271 An Ord nanteof to rend Sectio s 301 del am col GuZm o0uin ance DISTRICTFarris Inc VILLE cunci n located rnbe a w Two LLLC[O nerAppnas s al Usp CeekCei(Au a tual and use erocC[Owner] lonl&LAI ash i•(Au lids. ltuel and Ren..emial Zoning roCentei ceMallon&CIN Wash SI Om'cb. 2150 Centerville Tunrp:ka IGPIN',.549W11S All inmrestd uarte are Irvc;ed to acen0 DISTRICT 1-CagCILW Ertenes Storage LLC[App niRome ro LLC !Owned ronditioal Op- feradO (Mini Wa537296[ 5 00' smvidonce RuthHodges Elate' MMC Road(GRIN 1455072951 CtyClelk DISTRICT 4-BAYSIDE North Legend O.miters LLC[Applicant]Pei Iamn D Livobory(Owned 7or.drt'mal Use Cop'rc°Hie o'unused ordinances,lesolu- Leans]Hone Occupation-Gle Sales) andamendmentson file may X451de'eNN Read(GPIN 14691491120 oenexam neo mNw6mt EMI. 'lamb g or online aaL o„wry 1. ron_c t�' DISTRICT 3-ROSE HALL info mamma alp85A621. New Day Perm AEel ELM&Owned Lint cl sually mood 0 .e(3Pu1(8601179Use)4080 Eoe- If aircuao.1.1 are dnseidlvdisaeltfr'meet- xoodDnve('PIN1SMtt]921 - endlwed assistanceat this irYHlease call de CITCLERK'S O�CICE DISTRICT 7-PRINCESS ANNE at 385 4303 Then as A 3 own [Applicant] Thomas A Brown & Wayne Champ Sny Owner,]NL LIN sign Vada".B (Sect on'44 lb: &f9 of the SuldiJrsio-RegulationsEast of Riddick )EAG ON: NOVEMBER 27.2016& Lane and Not'of Candle MI a Lane.Nogh DECEMBER 4.20`6 of Iridian Riser Road&Sa:N of Candle 5ne Lane '[GPINs 1493332751, 1493331623 & 1493332346 ' ilk f \r's 111\ c.,,_,_--- \ . a;it 1_,,, li Ill rin lc k1 l �,L I t flit. - I , 7 til 'I - ......._,. ,---410 tit ,1 1, lir rl Oil _ r'I ��} 1� J� I'1I 1 II - t IIL� I �'I r_ s'....V \\III f,. t II �ti- -,� ISI I� =�� ' 'I re.. ..'... '\ I'I�� ii ;, il CO I Lin OD \ ..:Fro\ V ''1� ly-D. � 1 I in I ' , i 110\ C ern i irc '' I I` 1 I'I II ci4 III, III \--: s I 1., s ? s , __. ,..____ , , ,I , , ,. r--- ' 4,_ ,, I, \ kiiii,.. , ,,,„ ‘.-0 . -,---, ...___\ ,\ f 1 ...._ ,..J.;, „ ,,,----,,. ce- \ , „, „____ ____, s- Z C � 1 _ m g ion r r • I. I. i a Om IX r r'--. -r'' r f r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID STINNETTE [Applicant/Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations). 726 24th Street(GPIN 2417884727) COUNCIL DISTRICT— BEACH MEETING DATE: December 13, 2016 • Background: This request for a Subdivision Variance is proposed on 13,865 square feet where there are four lots that were created in 1925. The applicant purchased the property in 1991, and proposes to demolish the existing single-family dwelling that was constructed in 1942 and redevelop the site with three single-family dwellings. Each of the existing four lots are nonconforming with regard to the current dimensional requirements of the R-5S District. Specifically, each lot has a lot width of 25-feet rather than the minimum requirement of 50 feet, and each lot has a lot area of 3,500 square feet rather than the minimum requirement of 5,000 square feet. • Considerations: Section 502 (e)of the Zoning Ordinance was amended in 2003, after the applicant purchased the property in 1991, to require that when under the same ownership, these substandard lots must be combined to create lots that meet or as closely as possible meet the lot width and lot area requirements of the R-5S District. As each of the three proposed lots do not meet the minimum required lot width or lot area, a Subdivision Variance to these standards is requested. Due to the substandard size of the lots, the proposed dwellings will be 20 feet wide and will be placed on the lots with five-foot and eight-foot side yard setbacks, thereby necessitating setback variances from the Board of Zoning Appeals, as the required minimum side yard setbacks are five and ten feet. The applicant has an opportunity to create two conforming lots and construct two conforming single-family dwellings, and under the Old Beach Overlay, each of the dwellings could also have a garage apartment. This would total four dwelling units on the 0.31-acre site. The purpose of the Old Beach District is to preserve and enhance the historic status of the Old Beach Neighborhood as one of the first residential areas within the Oceanfront Resort Area. The Comprehensive Plan recommends that both new and redeveloped resort residential development be characterized by single-family cottage-style homes and compatible multi-family residential dwellings. In Staffs view, and the Planning Commission unanimously concurred, the redevelopment of the subject site with three, 20-foot wide homes with minimal spacing between them is not in keeping with the intent of Section David Stinnette Page 2 of 2 502(e) of the Zoning Ordinance, does not conform to the surrounding density and lot size, and does not respect the overall character of the neighborhood. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend denial of this request by a vote of 10-0. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department• \Yam City Manager: L rid Applicant & Property Owner David E. Stinnette Agenda Item Public Hearing November 9, 2016 (Previously Deferred on 10/12/2016) City Council Election District Beach D 4 Virginia Beach Request Subdivision Variance (Section 4.4 (b) of the AP27 x•�h"'"' Subdivision Regulations) �1 I E i«Y"s"*" 8 ." lslhwnst•' b Staff Planner aa k 25th 5""c I I Kevin Kemp 70.73 aB OW =►thwNs•a'' Location ;•�'•o s I 20,s"` e7eaeon; 726 24th Street a 7e„,,,, ` GPIN 2417884727 '`°°a,h M "°u „:• ‘ Site Size ""dam •, 13,865 square feet 2w•.""'``` AICUZ OA 1 ns s°`"` 70-75 dB DNL Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential 1511110. _' ..- ,r - _- .z.t‘ Surrounding Land Uses and Zoning Districtsii : ; ` North Virginia Beach Middle School/R-SS ResidentialI South ' 1 v �k , I \ , .. ''` 1 Single-family dwellings/R-5S Residential i! , ►1 ); East y,;� Single-family dwellings/R-5S Residential F` � ' ' West . :-, ; . , , Single-family dwellings/R-5S Residential \ . . ••'.+}' 111 ,, ,11,..0-• '"1 TOrY" ' Y . .. . • David E. Stinnette Agenda Item D4 Page 1 Background and Summary of Proposal • The four lots included in this request were created in August 1925. • Each of the four lots are nonconforming in regard to the dimensional requirements of the R-5S District. Each lot width is 25-feet instead of 50-feet as required, and each lot area is 3,500 square feet instead of 5,000 square feet as required. • The site is currently developed with a single-family dwelling. City records indicate that the existing home was constructed in 1942. • The applicant purchased these lots in 1991, and now plans to demolish the existing home and redevelop the site with three single family dwellings. The submitted site layout shows three lots, each approximately 33.33-feet in width and 4,667 square feet in area. Section 502 (e) of the Zoning Ordinance requires that the owner of adjacent, substandard lots in the R-5S District must combine the lots to create a lot that meets or more closely approximate the frontage and area requirements of the R-5S District. Because each of the newly created lots does not meet the minimal required lot width or lot area, this subdivision variance is requested. Required Proposed Lot A Proposed Lot B Proposed Lot C Lot Width in Feet 50 33.33 33.34 33.33 Lot Area in Square Feet 5,000 4,666 4,668 4,666 • The site layout depicts three single-family homes that are 20.33-feet in width. The homes will have a 5-foot side yard setback on one side, and an eight-foot setback on the other side. A Board of Zoning Appeals variance will be required for the eight-foot setback, as ten feet is required. Each lot contains a two-car driveway and has access onto 24th Street. • Each of the two-story homes is shown with a one car garage. A decorative trellis element is located above each garages. Each home is shown with a small front porch and uses multiple material finishes to provide additional visual interest. David E. Stinnette Agenda Item D4 Page 2 R5, %#ilO.7PL Zoning History # Request 1 STC Approved 09/11/2007 5 cl R-5 9 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is located within the Urban Area-Resort Area and within the Old Beach Overlay District. The Resort Area Strategic Action Plan,adopted in 2008, is the master plan prepared for Strategic Growth Area 8 and identifies the potential for three distinct, yet complimentary districts at Laskin Gateway, Central Beach and Rudee Marina. The plan is a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life,the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. The site is located within the Old Beach Overlay District. The purpose of the Old Beach District is to preserve and enhance the historic status of the Old Beach Neighborhood as one of the first residential areas within the Oceanfront Resort Area by providing opportunities for both new and redeveloped resort residential development, characterized by single-family cottage-style homes and compatible multi-family residential dwellings. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. David E. Stinnette Agenda Item D4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 7,300 ADT'(LOS 4"C") 24th Street 3,315 ADT 1 10,700 ADT (LOS°"D") Existing Land Use 2—40 ADT Proposed Land Use 3-30 ADT 13,100 ADT (LOS°"E") 'Average Daily Trips 2as defined by four dwelling 3 as defined by three dwelling units a LOS=Level of Service units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 24th Street in the vicinity of this application is considered a two-lane undivided minor urban arterial.The existing infrastructure currently resides in an 80-foot right-of-way. It is not included in the MTP. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site, containing one single-family dwelling, currently connects to City Water. Each of the proposed single-family dwellings will be required to connect to City water. There is an existing 12-inch City water main running along 24th Avenue. Sewer The site, containing one single-family dwelling, currently connects to City sanitary sewer. Each of the proposed single- family dwellings will be required to connect to City sanitary sewer. There is an existing eight-inch City sanitary sewer gravity main running along 24th Street. Evaluation and Recommendation In 1991 the applicant purchased the subject site which consists of four lots, created in 1925, each 25-feet in width. There is one single-family home, constructed in 1942,that exists on these four lots.The applicant wishes to demolish the single-family home, and subdivide the property into three lots, each approximately 33-feet and 4,667 square feet in lot area. Although less nonconforming than the original four lots, none of the proposed four lots will conform to the dimensional requirements of the R-5S Zoning District. Section 502 (e)of the Zoning Ordinance addresses the re-subdividing of adjacent lots within the R-5S District that are dimensionally substandard and owned by the same person. The Ordinance requires that the owner of the two or more lots must combine the two or more lots to form one which will meet or more closely approximate the frontage and area requirements of the ordinance for the R-5S District. This Code Section is shown below. Section 502 (e) Nonconforming Lots. 1) Where a lot has less than the minimum requirements for the R-5S Residential District and said lot has continuously been a lot of record, in single and separate ownership from adjacent property, prior to and since the passage of this ordinance, said lot may be developed for any purpose permitted within the R- 5S Residential District. 2) However, if the owner of a lot which does not meet the minimum requirements of the R-SSResidential District, is the owner of or becomes the owner of another substandard lot adjacent to it and located in the same R-5S Residential District, hi is not entitled to the exception in (1)above. In this instance, the owner of the two (2) or more adjacent substandard lots must combine the two (2)or more lots must David E. Stinnette Agenda Item D4 Page 4 combine the two (2) or more lots to form one which will meet or more closely approximate the frontage and area requirements of the ordinance applicable within the R-5S Residential District. 3) The owner of contiguous substandard lots is prohibited from conveying one(1) or more of the substandard lots with the result that both the grantors and the grantee possess lots entitled to an exception from the minimum lot requirements. 4) Status as a single and separate owner may not be acquired after enactment of this ordinance by selling a parcel and reducing the remainder below the minimum lot requirements nor may an owner of several contiguous nonconforming parcels combine them so as to leave a substandard lot, and assert the right to exception in (1) above. This Ordinance Amendment was approved on June 8, 2005. In this case,the applicant owns four, contiguous lots that do not meet the minimum lot requirements. The applicant has the opportunity to re-subdivide the property to create two lots, each that meet all the dimensional requirements of the R-5S District (50-feet in width and 7,000 square feet in lot area). Should the applicant create two lots, rather than three lots,these lots could be developed with single-family homes as a matter of right and would not require City Council approval. It should also be noted that the property is located within the Old Beach Overlay District, and should the property be subdivided into two conforming lots, according to Article 19 of the Zoning Ordinance,there is the opportunity to develop each of those lots with a single-family dwelling and a garage apartment; provided the dimensional and design incentives of the Overlay District are met. The provisions of Section 502 (e) of the Zoning Ordinance requiring lots in the R-5S District to be combined to create lots that conform to the dimensional requirements of the district were adopted to encourage redevelopment that maintained an appropriate density and enhance the aesthetic qualities that these neighborhoods had when they were originally developed. It is Staff's opinion that redevelopment of the subject site with three, 20-foot wide homes, with minimal spacing between them, similar to the adjacent property, is not keeping with the intent of the Ordinance and is not characteristic to the surrounding neighborhood.As such and as stated above,Staff recommends denial of this application. David E. Stinnette Agenda Item D4 Page 5 Survey- Existing Conditions This is to certify that I, on 16 AUGUST 1y9J , surveyed the property shown on this plat, and that the title lines and the walls of the buildings are shown on this plat. The buildings stand strictly within the title lines and there are no enproachments of other buildings on the property except as shown. ° plP ' I """ 1 I coi .n ..: „ ,-1 :'�. ?Awl I o I 3 B.'45- I„� I I P:ds'1 1 �—Ovehorl .-�OUPO' 1 D L t 1e ,P.° /O • ■ fi, ` , /' • C Cry. I I I 1t I LOT 28• •L1. '''.% fins. • • . ., ram..,, 3 AV„, 7\I LOT 27 ILOT ” 3 24 i ICI 1 c.. •.. b I., • to ht I n F.- Q . r, 3 o h • b • . A Wtas_i $ • ti 1 Sig.h.Nrio. • g �' a. h _ �� „� „ I , � 0 ,� _ a ril,• I, — r, IADOij j 1 P r ,.00 r'.�o;7J N 85'45' E .p.( 241h STREET ( 80.R/W ) Co?, SEEN, RECEIVED AND APPROVED 8/20/93 PHYSICAL SURVEY LOTS 25, 26, 27 6 28 BLOCK 138 PLAT OF RIDCECREST M.B. 7 P. 101 Virginia Beach Borough Virginia Beach, Virginia Scale 1” - 30' #6 Aupss1 1993 This residence appears to Made for David E. Stinnette lie within Flood Zone C Bonifant Land Surveys Panel 20 of 83 1 y Community No. 515531 C P.O. Box 6385 Effective date 1/17/85 Virginia Beach, Virginia 23456 Federal Emergency 340-8498 Management Agency David E. Stinnette Agenda Item D4 Page 6 Proposed Site Layout N I 1 1 1 I I I 1 1 lO! 12 I L01 13 i LOT t 1 LOT ,] I LOT 16 I IAT ,? .1. s esu ,cn' Mir AUX 1 i I K� LOT 76 '381 WI S1 LO6TSp fI 4 C LI ,668 Sq ft a OT B ! LOT 4,66 4.666 Sq Ft •••• i .., S air Si,' ' 21.I41' W , rev \- 244 -• LOY 29 t 440 as am- T8 101 24 N POOP 1 PROP PROP I�Siccaf If-STY T-S7Y : o11Eit110 i i Arnow Ii ` DIEUMG^ n I; i x I p x )I III ,r„ I . , A, 1 •>11 ! <a: 1 1 r"j` a l p t I a 14 L s 45'w ,ani I • 24th (.48°10 �X707) STREET .,i .,„0,,s "S wort 1A(E R CO1010v tAr CO/MC.'AOC ha[RSN 1bi11,M COrICrGN ern Ill OE1O4.=CM*0 DNRwGS -t'v h':S M MS ODOMS MS DOCI tI[<1 A►D11& DES01L9 WILL 110T 6t IMO= OwaYD. OR CDN[D R AAP' rinu I'-/".St.' WA 94111 WV RE A69GSC 'C 4T,NBC PART,arc I It(061KSS(D MINN MUNI Or 0'. mewl Ei CONCEPTUAL EXHIBIT (9 PROPOSED LOTS) OF LOTS 25-28. BLOCK 138 PLAT OP giiiiiiii PROPERTY OP THE ►�L�NIAE BREACH DEVELOPMENT CORP. PUT RECORDED IN MAP Book 7, PAGE 101. IN THE CLERKS OFFICE OF THE CIRCUIT COURT OP THE CITY OF VIRGINIA BEACH, VIRGINIA reaNan E w``'""" VIRGINIA BEACH, VIRGINIA EXCLUSIVELY For PI as w a a maw o nae SCALE.: 1' . m' DAD E. BTN€TTE DEco®ER IS, 2014 CJD/eSk:et CETT 01 S' WIA BEACH, STRGINIA IEA.N/A PO.N/AI PLAT:N/A (JN:214-PIS; David E. Stinnette Agenda Item D4 Page 7 Proposed Elevations ityL I .1.. _.a-'-'_... J ■ j Ku g Bt 12 h os X i IC .' C3 6 1 . 111111 L44112 C'ji _Orm F 0 0 GROUND FLOOR PLAN i Eh UPPER FLOOR PLAN i,.. ,f srui.....-•..r ----.--. els:1 nreKC se4Fe1Mre •.W)4 mrS•R] �- AO YGMK[ . Ull in II 1 r "--1:_:_;7---.6-.L._ i-�`� i � l � ' T FRONT ELEVATION David E. Stinnette Agenda Item D4 Page 8 Aerial Photos of 700 block of 24th Street • I'e r. F • • y 'ice. it y' ) ' F 4.'m ., _ • / Vii. k i, it . d °Illt, i}_ ,tom A •--„r<< aaret ` • .� _-7 ixs(il •-,,,4 At.. .`t1:2: ';1i1(�R r = Y• P. 1 lir 3 i. rir .. f1R-mss-.. IMEJLEgummucamirj R iii _ - - 1. i til . r. .,,, V" 110111911 -... zr,•,.. 11` r - A • David E. Stinnette Agenda Item D4 Page 9 Site Photos - , . •4o • .1! ••4:, .4, . .• _ - _ . pv.1 4 • • , "-• .114:: • k • FA,40., • ., • • • as(' • ••••L • _ .11,1 Repid' R4 kr, • • CA 44414 ,•- • : — David E. Stinnette Agenda Item D4 Page 10 Disclosure Statement APPLICANT'S NAME DAVID E. STINNETTE 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 CityModification of by City Property � Conditions or Proffers Alternative Economic Development j 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 ConditionalChesapeak ay Permit Lease of City Property Subdivision Variance Preservation on edrvoUseeep I License Agreement I Wetlands Board. The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • r SECTION 1 / APPLICANT DISCLOSURE ,ao-q ua orvn _ - Page I of 7 0 ermuc NT non,iw of Hcuuar. . .. DA- NO LHANUS AS m L ./Zt.WI arvPSiow mRmirr,n i �� Kevin Kemp David E.Stinnette Agenda Item D4 Page 11 Disclosure Statement ® Check here if the APPLICANT IS NOT a corporation, parfnershipricm, 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:DAVID E.STINNETTE If an LLC, list all member's names'. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNFR If a corporation, partnership,firm. business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:DAVID E. STINNETTE If an LIC, list the member's names: Page 2 of 7 David E.Stinnette Agenda Item D4 Page 12 Disclosure Statement 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 I 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 o indirectly owns shares possessing more than 50 percent of the voting power of another corporation r 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 til one business entity has a controlling ownership interest in the other business entity, (III a controlling owner in one entity is also a controlling owner n the other entity,or (Oil 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 commingled funds or assets:the business entitles share the use of the same offices or employees or otherwise share activities, resourcesn or personnel oa regular basis: or there is otherwise a close working relationship betweentheentitiesSee State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or pnv 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 SEPERATE LV Page 3 of David E.Stinnette Agenda Item D4 Page 13 Disclosure Statement APPLICANT - - --- -- Ids.yan .uu 1 YES N01L SERVICE l PROVIDER needed) nn Accounting and/or preparer of your tax return Z n Architect/Landscape Architect/ BALZER AND ASSOCIATES.INC. Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ri. purchaser rof the subject property (identifypurchaser(s) urchaser(s)and Rpurchaser's service providers) EConstruction Contractors - O Engineers/Surveyors/Agents ERIC GARNER OF WPL Phil Bonifant Financing(include current WELLS FARGO BANK Z ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® X Legal Services J.W.RICHARDSON/KAUFMAN B CAROL__ Real Estate Brokers/ O X Agents/Realtors for current and anticipated future sales of the sub'ect •ro.ert a a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Fi 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 David E.Stinnette Agenda Item D4 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any puforblic body or committee in connection with this Applica_ tion. `� __ _ f(//)_�� ! DAVID E. STINNETTE {BAY?(� APPLICANT'S SIGNATURE d PRINT NAME DATE Page 5 of 7 David E.Stinnette Agenda Item D4 Page 15 Disclosure Statement x 3'#1'X,:,' 1m a, a ''� Tr) 'tv.'�. 3 OWNER Iv , YES NO [( SERVICE PROVIDER IJsii MlaadeCisheetsif L_._ needed) I�I fl Accounting and/or preparer of I your tax return m ❑ Architect/Landscape Architect/ BALZER AND ASSOCIATES,INC. Land Planner Contract Purchaser(if other than ❑ tan ngplihant)-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 z ❑ Engineers/Surveyors/Agents ERIC GARNER OF WPL Financing(Include current WELLS FARGO BANK ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Mg El Legal Services J.W.RICHARDSONdVsUFMAN a CANAL[-,} r'� Real Estate Brokers/ 14 Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO i Does an official or employee of the City of Virginia Beach have ❑ E an interest in the subject land or any proposed development I contingent on the subject public action? If yes.what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 David E. Stinnette Agenda Item D4 Page 16 Disclosure Statement Virginia Beeth 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. p1147- j t� DAVID E. STINNETTE 8,4/,g PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of David E.Stinnette Agenda Item D4 Page 17 Item#D4 David E. Stinnette Subdivision Variance 726 241h Street District 6 Beach November9,2016 REGULAR Jeff Hodgson: I think we have none more. Dee Oliver: We are on our last one for today. And it is item D4,the applicant David Stinnette. The application of David Stinnette for a subdivision variance to Section 4.4(b)of the Subdivision Regulations on property located at 726 24th Street, located in the Beach Council District. John Richardson: Thank you Ms.Oliver. I'm John Richardson. I'm a local attorney and I represent the applicant in this matter. The Planning Staff has recommended against our application. My client, Dave Stinnette,who is an Engineer with JES, he is here today. He bought four lots some 25 years ago. And once the Zoning Ordinance was changed,the four lots had common ownership,as of right, he can build two houses and two garage apartments,and what he seeks to do is to subdivide the property into three single-family dwellings without the garage apartment.This is right across from the middle school,from Virginia Beach Middle School,and it is pretty much the western edge of the Old Beach Overlay District. So,we think we would be bringing attractive affordable housing to that neighborhood and the development is in keeping with the neighborhood is already configured. So,with those comments, I'll be happy to answer any questions. Jeff Hodgson: Are there any questions? I think we are pretty familiar with this. I think we had it on our agenda last month John Richardson: Yes sir. The sign wasn't up so it had to be deferred. Jeff Hodgson: Yeah.Thank you. John Richardson: Thank you. Dee Oliver:Our next speaker is David Stinnette in support of the application. Jeff Hodgson: Good afternoon. David Stinnette: Good afternoon. Welcome aboard.Thank you for the opportunity to speak. Dee Oliver: Do you mind stating your name for the record. David Stinnette: Sure. I'm David Stinnette. Just like John said, I bought the property in 1991 with the intention of actually at some point in time, building four houses on it,four lots. When I relocated to Richmond,as part of a job move and I think it was in 1997, I kept it as rental property with that intention. I was not aware that the zoning had changed. I may have been notified at some point in time about I probably just didn't catch it. But anyway, I guess I realize now with the zoning change,four lots would be kind of tight,even though after I bought the property,they did build a house next to me that was one single lot. So,that was kind of my thought all along. But any consideration I appreciate it. We're trying to make a compromise. I realize that four is not what you guys would like to see. Two Item#D4 David E. Stinnette Page 2 again, it is not what I would like to do, so I was hoping to compromise with the three. Alright. Thank you. Jeff Hodgson: Are there any questions from Mr.Stinnette? Thank you sir. No other speakers? Dee Oliver: No,that is all. Jeff Hodgson: We'll close the public hearing and open it up for discussion. I'll start. I think one of the issues we have was this was trying to squeeze three shot gun style houses into this area and it just did not conform with the rest of that block. It looked considerably out fo place. We visited the site. We took a look at it and parked across the street,and right now you can put two houses with two smaller cottages in the rear. Correct? Garage apartments. I'm sorry.So, in essence you can get four units. I'm not sure if you're looking to sell these or they are going to be rental properties for you, but I think you can put a very nice quality product if you just went with the two houses on this and the garage apartments. I'm not comfortable in that area of trying to stick three more shot gun houses on that block. I just don't think it fits. That's my opinion. Ronald Ripley: I think it would be helpful for the staff to give us a little background on this particular ordinance. Because if I was following it, it was an attempt to take these small lots and actually development them in the neighborhood the way the neighborhood wants to see them. I think this happened up in Shadowlawn, if I'm not mistaken, and maybe Carolyn can give us a little background on it. Carolyn Smith:Sure. Mike Imam And when you do that can you talk about what constitutes a garage apartment? Carolyn Smith: Sure,we actually call this in the office the Shadow Lawn Ordinance. The idea here is to not perpetuate what you see happened adjacent to this property. Yes,there are four legally platted lots,25 feet wide but the idea is to not continue that pattern of development. And as you can see, by right,you could subdivide that property very consistently with how it is done on 23rd Street, and the goal was with this ordinance,to have folks when they own adjacent properties to combine those properties as much as possible to create conforming lots. Jonathan will speak to the Old Beach Overlay District in terms of garage apartment. Jonathan Sanders: Right. The Old Beach Overlay District was created in December 2005,and the ordinance talks about R-55 being restricted to one single-family home and one garage apartment from 500 to 800 square feet in size. Although there is zoning districts are R-5D,the apartment districts and so forth,they allow two homes on one lot potentially of principal and ancillary dwelling. So,this I think this was a compromise. I was not here in 2005 but it does allow for the garage apartment on R-55 lots. Jeff Hodgson:thank you. Is there anybody else? Ronald Ripley:So the intent of the ordinance is to really get to a pattern that you see now in the neighborhood and not so little small lots,which are very difficult. What you're suggesting here is that actually under this ordinance it can get the two dwelling and two garage units as well. You can actually get four units? Jeff Hodgson: Mr. Redmond? Item ND4 David E.Stinnette Page 3 Dave Redmond: Not to call you out but I didn't hear the description of what constitutes a garage unit. Did I miss that? Jonathan Sanders:yes,the sides of it are called out in the Overlay District Ordinance of 500 to 900 square feet. I mean 500 to 800 square feet. Excuse me. Jimmy McNamara: If I may real quick, I got a definition here out of the Zoning Ordinance that pretty well describes it. A garage apartment,a structure above a private garage, in which provision is made for one dwelling unit requiring an interior stairway to the second floor provided the living area that does not exceed 800 square feet of floor area and the height does not exceed 28 feet. Jeff Hodgson: Carolyn and you may correct, I think some of the cottages we have in Shadowlawn are as little as 900 square feet to 1000 square feet,so you're almost talking about a small Shadowlawn size home you can put two of them in the back. Mr.Thornton. Bob Thornton:So, if this gets done with two lots,there will be two single-family houses in the front and in the garage in the back if they chose to build a garage,they would have two 800 square foot apartments, if you will,above the garage. So,conceivably,you can have four families. A family that lives in the single-family house and a tenant that lives in the garage apartment times two. Is that what we're hearing? Carolyn Smith:That is correct. Dee Oliver: Carolyn, if you're doing a north end overlay, does that garage apartment have to be over a garage or can it just be a cottage like it is in at the north end. At the north end,do the houses in the front and the small 900 or 800 square foot cottage in the back, is it required to be over a garage? Carolyn Smith: Yes. It is required to be over a garage and that decision was made because they did not want two dwellings,two tone dwellings on one piece of property. So,the compromise as to build a 800 square foot garage apartment. Mike Inman: What about the main house? Can that have a garage? Carolyn Smith: Absolutely. Bob Thornton:That's the garage for the main house. Dave Redmond:Would that be a detached. I'm trying to fit a garage in here. Carolyn Smith:Yes,you have a structure that has to be at least 30 feet from the principal structure. Mike Inman: Then you can condo it and have four separate units. Carolyn Smith: We would not recognize the condominium. Dave Redmond: I'm sorry, I didn't hear you. Carolyn Smith: We do not recognize that condominium. It could request a subdivision variance but we would not support that. Item Mg David E. Stinnette Page 4 Jeff Hodgson: Mr. Redmond? Dave Redmond: But you're still talking four structures? Potentially? Carolyn Smith: Correct. Four structure,four dwelling units. Dave Redmond: As opposed to two structures,three dwelling units. Did I get that right? Carolyn Smith: I'm sorry, I didn't hear you. Jeff Hodgson:That's correct.Yes. Dave Redmond: Okay. Thanks. I'm sorry. I'm just trying to sort the math out here. Jeff Hodgson: That would be the three that would go on the lot would be the shotgun style. In fact, I think they are 25 feet wide. They are very narrow. Bob Thornton:the application that we have before us today is for three units subdivide four lots,so,we got a choice today as to either deny that or approve that but to ask them to come back to us,defer this and come back with a new plan. Am I reading that right? Carolyn Smith: I don't know why we want them to come back with a new plan. Their request is for three lots.They can do two lots as a matter of right. Bob Thornton: Okay. So,they don't need to be here with the two lots?Okay, so our choice is to approve it or deny. Okay.Thank you. Carolyn Smith: So,they are requesting a variance to the lot width to the lot area,and then to also to Section 502(e),which requires when you own property adjacent, it must be combined to create lots that are compatible with the R-55 requirements. Bob Thornton: So they would have to take two of these 25 and combine the 26&27 and combine the 28 in order to do what's allowed by right. Carolyn Smith: They would have the ability to create two 50-foot wide lots. Jeff Hodgson: Ms.Oliver. Dee Oliver: I would have to say that I am with Jeff on this,all of us that live in the Beach Borough. This is something that we are trying to encourage with these cottage type houses back at the north end and within Old Beach, in Shadowlawn with the garage apartments and in Seapines. We're working to do in Seapines right now for that to keep consistency throughout this area. And I really to agree with Jeff, I would prefer to see you all with the way by right with the two houses and the garage apartment. Jeff Hodgson: Karen? Karen Kwasny: I think these overlay districts,correct me if I'm wrong because I don't' live down there obviously. But they are fairly fragile and carefully crafted aesthetic design for those areas. And, so I think that when we have something like this come in front of us, it alludes but to work within those designs,and so those designs allow for other something of high quality and that actually provides him a benefit of those two garage apartments in the back,and so I'm in keeping with Jeff,your view,because I Item#D4 David E. Stinnette Page 5 am concerned on bout how we treat those overlay districts in relations to how much time is consumed in carefully crafting them. I think they are in there for a reason. Dee Oliver:I make a motion that we deny this application. Jeff Hodgson; A motion made by Commissioner Oliver for denial. Is there a second? Jeff Hodgson: I'll second it. We're ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AVE OLIVER AYE REDMOND AYE RIPLEY AVE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,the application of David Stinnette has been denied. Jeff Hodgson: Is there any further business? If none,on behalf of my fellow Commissioners, I would like thank Barry and your team for your outstanding work and the meeting is adjourned. i . .,\,:„., , . , , , • - N.,:,,,_.' \\ \\ `\\'.' \ - - \\ \ x,,< .. -„,_: .., .__ , . „\\\\\ • \ i •-_:, / 4- \ s -,....- ., , *„.\• ..., NV \oil ' '\ h kalifs. , .. * I * ' - - \ . • V.' K ' \\ i I \it w i N\ - . • - . 1,i 1 \\N.\ VI CO\ \‘" I ) ICC \I . -J ...$ \ • \\\ ' 1) 11i. .46 ' 1 . , /213 4•45 \ e . 1 I .-7 I .-- ii) s\ / \ \\ . ..,`.N` _\ s . - [ la,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS A. BROWN [Applicant] THOMAS A. BROWN & WAYNE CHAMPIGNY [Property Owners] Subdivision Variance (Section 4.4 (b) & (d) of the Subdivision Regulations) (GPINs 1493332741, 1493331623, & 1493332346). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: December 13, 2016 • Background: This is a proposal to adjust the property line of two parcels identified as Parcel 4 (formerly known as Parcel J) and Parcel K from an east/west orientation to a north south orientation, thus establishing proposed Parcel J1 and K1. Both parcels are zoned AG-2 Agricultural District and are accessed by a private ingress/egress easement that contains Riddick Lane. As neither parcel fronts on a public street, both lots technically have a lot width of zero. Parcel J1 is also deficient of the one- acre minimum required for lots zoned AG-2, as it contains 0.927 acres. A Subdivision Variance is requested for lot width for both parcels, lot area for Parcel J1, and to section 4.4 (d)that requires all lots have direct access to a public street. Additionally, a third lot referred to as Parcel K2, was created as a result of actions overtime that unintentionally created a "left over" parcel that was never properly put to record. Parcel K2 meets all the dimensional requirements of the Zoning Ordinance in regards to lot area, lot width and direct access to a public street. However, as the lot has never legally been platted, a Subdivision Variance is required to legally record a potentially developable lot and rectify the previous oversights. • Considerations: The request to reconfigure Parcel 4 (formerly known as J) and Parcel K into proposed Parcel J1 and K1 will result in no increased residential density and is therefore, in Staffs opinion, compatible with the area. At the request of opposition present at the Planning Commission public hearing, proposed Parcel K1 is depicted with access via a private 20-foot ingress/egress easement across Parcel J1. Additionally, any ingress/egress rights to Candle Pine Lane from either of the parcels is proposed to be vacated. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. Opposition was present at the public hearing and centered on the proposed access to Parcel K1. As stated above, since the public hearing, the applicant has revised their site layout to satisfy these concerns, and a condition was added that a one- Thomas A. Brown Page 2 of 3 foot no ingress/egress easement be recorded on the property line adjacent to Candle Pine Lane. ■ Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0 1. The reconfiguration of Parcel 4 (formerly known as J) and K shall be substantially in accordance with the submitted subdivision exhibit entitled, "VARIANCE EXHIBIT 1 FOR RESUBDIVISION OF LOTS "J" AND "K" PROPERTY OF WILLIE RIDDICK (M.B. 52, P. 39) VIRGINIA BEACH, VIRGINIA," dated September 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. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. Legal ingress/egress for Parcels J1 and K1 shall be maintained at all time, through ingress/egress easement(s), no less than 20 feet in width. Said easement(s) shall be depicted and recorded on the final plat. 3. A final plat depicting Parcel K2, substantially as depicted on the exhibit entitled, "VARIANCE EXHIBIT FOR RESUBDIVISION OF LOTS "J"AND "K" PROPERTY OF WILLIE RIDDICK (M.B. 52, P. 39) AND PART OF JAMES CAFFEE PARCEL (M.B. 49, P 38) PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," dated March 24, 2016, prepared by Beck Associates, PC. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 4. When Parcel J1 is developed, the residential dwelling constructed shall have architectural features, and appearance of like quality and character to the structures depicted on the four (4) photographs in the "Proposed Dwelling Photographs for Parcel J1" exhibit attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 5. When Parcel K1 is developed, the residential dwelling constructed shall have architectural features, and appearance of like quality and character to the structures depicted on the five (5) photographs in the "Proposed Dwelling Photographs for Parcel K1" exhibit attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 6. When Parcel 4 (formerly known as J) and K are resubdivided, a one-foot no ingress/egress easement shall be recorded along the southern property line adiacent to Candle Pine Lane. Thomas A. Brown Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. - n - •/agency: Planning Department. d City Manager: VBApplicant Thomas A. Brown Agenda Item Property Owners Thomas A. Brown and Wayne Champigny Public Hearing November 9, 2016 (Previously Deferred on June 8,2016) D City Council Election District Princess Anne 2 Virginia Beach Request a g- Subdivision Variance (Sections 4.4 (b) and (d) F r r of the Subdivision Regulations) ' 3 2 C6 e Staff Planner g a I Jimmy McNamara i ,3 .0 ,, Location bow 66-70 dB DNl East of Riddick Lane and north of Candle Pine Lane / G P I N s 0. '"rate,,, 1493332741, 1493331623, 1493332346 W.o64,w,150Y Site Sizes Lot K1—0.93 acres 70.76d8D►a\ Lot J1— 1.05 acres Lot K2—1.22 acres AICUZ 65-70 dB DNL Existing Land Use and Zoning District Undeveloped lots/AG-2 Agricultural Surrounding Land Uses and Zoning Districts 11 t '' �' ..,' ' s North •;`¢ r :` '. Single-family dwellings/PD H1 Planned Unit ' ,„: • a,``4 M Development `� �"• ; ' :£a South Single-family dwellings/AG-2 Agricultural _�+� ,. Candle Pine Lane Z^C� Indian River Road '• ��,A, 4' . • ' , �7' ,:fit East r • E • • , .' � - , . ` - v `'. Single-family dwelling/AG-2 Agricultural • �� 1,4 ,* West "• ; ' , .... Riddick Lane ,, � ' Single-family dwellings/AG-2 Agricultural 717 R%v i•. V . Roar/ Thomas A. Brown Agenda Item D2 Page 1 Background and Summary of Proposal The applicant is proposing to adjust the property lines of two parcels, identified as "J" and "K" on the existing, recorded plat, from an east/west orientation to a north/south orientation. The applicant is also requesting that a residual parcel, identified as parcel "K2" on a submitted exhibit, be legitimized as a legal, buildable site. The subject parcels are all zoned AG-2 Agricultural District. Existing Lot Configuration r 111> vs . .,K.. Gandle p, t y. ane. „K2„/ ( 114401.11-ji / Existing Parcels: • Parcels J and K benefit from a variable width ingress/egress easement containing Riddick Lane that was recorded by deed on February 6, 1956 (Deed book 441, Page 465). These two parcels were determined to be legally nonconforming, as they were recorded by plat on June 27, 1961 (Map Book 52, Page 39). • At the time of recordation, both parcels were zoned A-R Agricultural District and met the minimum lot area requirement of 10,000 square feet. In 1988,the City of Virginia Beach amended the minimum requirements and renamed the zoning district to AG-2 Agricultural District. • Although these parcels were legally recorded, under existing standards,they lack direct access to a public street as required by Section 4.4 (d) of the Subdivision Regulations, and fail to meet the existing dimensional requirements of the Zoning Ordinance—lot width of 150 feet and lot area of one acre. • Parcel K2 is a result of actions overtime that unintentionally created a "left over" parcel. In 1960, this site was part of a 3.66-acre parcel that was subdivided out from a larger property, and met all of the A-R Agricultural District's requirements (Map Book 49, Page 38). Subsequently, approximately 2.5 acres of the property was separated from the 3.66 acre site by deed. This acreage was then illegitimately subdivided into two lots that were created by deed in the late 1960s (Deed Book 1032, Page 272 and Deed Book 1048, Page 146). In 2012, a Subdivision Variance was granted rectifying this error and these lots were then legally recorded by plat on October 17, 2012 (Instrument#20121017001202360); however,the residual 1.22-acre parcel, Parcel K2,was not addressed. Thomas A. Brown Agenda Item D2 Page 2 • Despite the fact that parcel "K2" meets all of the dimensional requirements of the AG-2 Agricultural District, and that the City has taxed the lot as configured, it was never platted as required, but rather was created as a result of actions surrounding it. A Subdivision Variance is now requested to legally create Parcel K2. Proposed Parcels: • The proposed reconfiguration of Parcels J and K to J1 and K1 will not result in additional parcels. Parcel J1 is proposed to be accessed directly off of Riddick Lane and Parcel K1 is proposed to be accessed via Candle Pine Lane. • As neither of proposed Parcel J1 or K1 will have direct access to a public right-of-way,they technically have a lot width of zero and thereby do not meet the minimum parcel width requirement of 150 feet. As such, a Subdivision Variance is required for lack of direct access to a public street. • Proposed Parcel K1 is depicted on the plan with 1.046 acres,thereby meeting the lot area requirement of one acre. The 0.927-acre Parcel 11 will not meet this requirement of one acre;therefore, a variance to lot area is also requested. • A note on the exhibit indicates that Parcel J1 can only have an open picket fence, no taller than four feet within the 50-foot side yard area along Candle Pine Lane. • No dimensional changes are proposed for Parcel K2 as it has 177 feet of frontage along Indian River Road and is 1.22 acres in size. Required Proposed Parcel 11" Proposed Parcel"Kl" Proposed Parcel"K2" Lot Width in feet 150 feet 0 feet 0 feet 177.67 feet Lot Area in acres 1 acre 0.927 acres 1.046 acres 1.22 acres AG-1 - _ PD-H1' i PD•M1.y 11/1 � Zoning History • cs-700Eµ �� /' / 1 SVR Approved 09/27/2011 o��c — Ad-2 2 SVR Approved 04/26/2011 3 SVR Approved 05/11/1999 4 MOD of Land Use Plan 05/13/2008 AG-2 i Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Thomas A. Brown Agenda Item D2 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons SEGA 4. South Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduces by-right residential density,yet overall still offers a unique opportunity for education, entertainment, recreation, and habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent of this Plan for this area to become part of the urban area north of the Green Line. Instead,the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. (p. 4-1,4-11,4-12) In addition to the Comprehensive Plan,the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area.The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. (ITA Plan, p. 22) Natural and Cultural Resources Impacts These sites are located in the Southern Rivers watershed. Besides the timber from the wooded lots,there are no known natural or cultural resources associated with the sites. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 6,062 ADT 13,600 ADT 1(LOS°"C") Existing Land Use 2—0 ADT 16,200 ADT 1(LOS°"E") Proposed Land Use 3-30 ADT 'Average Daily Trips 2as defined by vacant lots 3as defined by three single-family 4 LOS=Level of Service dwellings Public Utility Impacts Water These lots must connect to City water. Each parcel must be served with an exclusive tap and meter. There is an existing eight-inch City water main within a public utility easement in Candle Pine Lane (private road). Sewer These lots must connect to City sewer. Each parcel must be served with an exclusive lateral. There is an existing eight- inch City gravity sewer main within a public utility easement in Candle Pine Lane (private road). 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. Thomas A. Brown Agenda Item D2 Page 4 C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to reconfigure Parcels J and K into a north/south orientation is consistent with the recommendations of the Comprehensive Plan and the ITA and Vicinity Master Plan. This request would not increase residential density and therefore; in Staff's opinion, is compatible with the area. The proposed reconfiguration will slightly reduce the nonconformity of one of the existing parcels, as proposed Parcel J1 will be 0.927 acres in site,thus bringing it closer to the required one-acre minimum. Although these two parcels will continue to lack direct access to a public street, both sites are accessible via the existing ingress/egress easement containing Riddick Lane and Parcel K1 is proposed to have access via the 30-foot ingress/egress easement that contains Candle Pine Lane. As mentioned above, Parcel K2 currently meets all of the dimensional requirements for the AG-2 Agricultural District, however,the lot was never legally platted. Interestingly,the parcel has a unique Geographic Parcel Identification Number(GPIN),typically assigned to legally established parcels, and the City has taxed the parcel as configured. A Subdivision Variance will allow this existing parcel to be legally recorded with the Circuit Court. Staff recommends approval of this request subject to the following conditions. Recommended Conditions 1. The reconfiguration of Parcel 4(formerly known as J1 and K shall be substantially in accordance with the submitted subdivision exhibit entitled, "VARIANCE EXHIBIT 1 FOR RESUBDIVISION OF LOTS"J"AND "K" PROPERTY OF WILLIE RIDDICK (M.B. 52, P. 39)VIRGINIA BEACH,VIRGINIA," dated September 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. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. Legal ingress/egress for Parcels J1 and K1 shall be maintained at all time,through ingress/egress easement(s), no less than 20 feet in width. Said easement(s) shall be depicted and recorded on the final plat. 3. A final plat depicting Parcel K2, substantially as depicted on the exhibit entitled, "VARIANCE EXHIBIT FOR RESUBDIVISION OF LOTS"J"AND "K" PROPERTY OF WILLIE RIDDICK (M.B. 52, P. 39) AND PART OF JAMES CAFFEE PARCEL (M.B.49, P 38) PRINCESS ANNE BOROUGH,VIRGINIA BEACH,VIRGINIA," dated March 24, 2016, prepared by Beck Associates, PC. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 4. When Parcel J1 is developed,the residential dwelling constructed shall have architectural features, and appearance of like quality and character to the structures depicted on the four(4) photographs in the "Proposed Dwelling Photographs for Parcel J1" exhibit attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Thomas A. Brown Agenda Item D2 Page 5 5. When Parcel K1 is developed, the residential dwelling constructed shall have architectural features, and appearance of like quality and character to the structures depicted on the five (5) photographs in the "Proposed Dwelling Photographs for Parcel J1" exhibit attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 6. When Parcel 4 (formerly known as J) and K are resubdivided, a one-foot no ingress/egress easement shall be recorded along the southern property line adjacent to Candle Pine Lane. 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 A. Brown Agenda Item D2 Page 6 Existing Recorded Plat (Lots J & K) . . . _ • ;..,.• ' • b . /1 . . _ • . . . :4 t ., .. N(1\ -----___ .. § ---__ • ... ; 1 s: CO• k. ___ , 1 t /1 ts (c 2 4 Z M • _ 0 it, :4, • I 1 ' :% le I. 1• :',1 ", • ...1 \ 1Z. 1% Z• FIN` •: 3i t 4' k 44 • / 11 t ...'"--- i [ ,p, t • 4 :d lt I * • r. i 0. • ki (1 - V) ' Il. • i'l '',. IS ,rgi 4. 1 Y : o e 7 . • .1 - ..0 )T , .. ? °' ci . k I ' 1.1 ''• ' • . * itA • ---:•,11-.:4 ,14_ . y . (0.....,rr.. ...ay.)COy May -- . I . . k °S•Sit . ' , 1 .s •i t ,. :4. .,1 •.5 iii*i V 1 rli I 9 * i'f,, .-I, r: . , 1 . z i'7...' ; 1 1 • L03::•14...i.:1 f 1/.rt. i ..10- .11 1 . 'll ,,, ..1 if'.11. i ••k -i:;.:-'..s..4,C1 1!"1111.- 1 7:6114 is'4411,1 -.,• 11; li. 1•A ti 1 1;;,111 •I‘'4- tl i ellii 15 4 tiii, . - 1 t411/ ll . I/ e. 1 inill iiii a I . . . . • Cm' .1to-, .-,..,;4.i....0.•:04'3'5e'---• ' two• m go A.S.V04404dr-4-• f ao 1-4— • rattfotAidi' . g ,0/4.6v..tLY,-----40-1-41—'°6.4 a.,..af;.e.,61* --p • Thomas A. Brown Agenda Item D2 Page 7 Existing Recorded Plat (Including proposed K2) I ; . e . • • • , I.w.I.0.•..,.eerifled.....ye,do 1...e,..or, VIIGINIA• • "••I.•t-,•,ol lido of ,r......e, La'frt. COUNTY Of PIIINCESS ANNE,to.41. 4 1*e•• d.-1,foca*Ord in A•C.,..,.•c....,.;....•-...” 177/).../.:71z s4.1' ..Notary Publ.in God liter e 4.4 r 7.• zia la Cason*.and S,......• -ote•me r,o he.elay *nay Mo. 0/ .:, W.8 GALLUP , and 14.*0:: •:at....I re I.y--at.....d......-....,,IN. a...04.4V e ' ..1,.*'0Th a...40,W Io M. LI CORO 1C,E I*0 0,V.,1.4'0 II Mt f.,..11:I.al...b,v. ,••• ',-, :ma.....no ea*on ao ..cV AA-• day of 2A41 lo.•c• '•!by 9.•oho*rt.•,;Pod..,- ..:' '...194,19 44.1..•r-cknowleCIOod•oe•••• • a..,,,,•.• et•••••••Inv:j:ts in,yoopf.od by/:...1...ocoyJ I n,Q.v.:, fnt-Q,...*and Slot.aVoid. A° S..I•d••,tion Spu:r.boo•eft CKNolly in plcc• of poi,4 ..".".11... ...:..OM Oat lia loto.ofts One to•cvny 19 be. C, Lain r''' _Zr).4.14 . _ 74/44 ,444......./. ',...-.... Mt inPM.his PAW .eon s ppa1,r.of un`.eJ k.LMaitt peon n.; .''.'rg.i.4 4. 4Tho/6hi /fdeg0,'</1Y00 [lir?: Aeco Coy.Ve.'of on* o. 40, 40 Meopeobt•0 .*0.1 NO..II e," 0 f'w 0901.01 0.11".'._.'9 ulaitPaomp. ....., ' •. • slob., no th• t..:A....inn 01 lood *Ad I. acps.dingly •• • ' leo wilt 49*de...•04 0*..,..1.....oned p.n., 1 . '7 ,Zi'.1Z,4 ::::P."t"•t,dp•oncd e.,.ri 1.0fv....140 10110,1,09'prawn*a /Tado „ . 01 NO.'9..,.9 , • - •.. , .....r Srn Nsi$Pa, -, 1 r twos 014p.I.P.se Ca.../ •------- ___ _ 0......r kl 1 i 1 :4;4 I \ i • ,6' I 16l' . .1 04/1//e• 4.4'ei4 \. . i 4.)1 .1Z ,11 46 k SI k 1/44 t.5ty /—i7.-4 .4" 44 • / / .1. / ..sf.,4//,,,,,/, //// • b Iti 'V 1 i•t• :4 i t i .r 47 i9•/1 lb Approximate location of Proposed "K2" \ . I'/ 4, / . ,fre'S / 1 • / • b,- v e • 1 A .. VI '..• ,c• A • t , I P 4 .• ,- if,S _42„,ej cahece):: ,Jt / •..f 3.C6..fc. .1 1 A• • 1 .,... to' 0 43 3 . I I . • .._/.4 . Na, Z'an.40 -.• _e_ _.. „.. .......‘,., ,.. ' I !/ •A/Z1, I-o w 7i cAcui Ai4. AX .0,4 1,44-,./.0•64.• . • .1 .., ..... . •,i ..6. li I .P....o,strl.), of..A.a..-,co ‘411,ce. ! . , .t.-.6,,•4.4., ........*r /YOR 7/1'•••INGWY05-A'RiNC4.3..)AROVE CO,V..4• ....cal•:./1410., .7.1,4.iii.40401-... .....7.......r...4.,..• -I ,e. . lo. 44, . . ' . A 1,0 do Clerk',01. "777enc., .4 0 - 4311 ......../470 ,...,..1 .... . • toad Is recent If. . teleivesitXtrehit . ..... Thomas A. Brown Agenda Item D2 Page 8 Proposed Subdivision Exhibit (Parcel K2) r' / t 105,2b' / I I / / / / / r r r r r r r r ► r r r r r / ► / r r r / / r / 3 K2 .OT 4 r LOT 5 i LOT 6 p 53,209 SQ. FT. b 21017001202360 1 PLAT 20121017001202360 I PIAT 20121017001202360 g 1.2215 AC M '- 493-23-8472 493 23 8472 1 GPIN 1493-23-9490 r GPIN 1493-33-1316 0 o M °v co ENCLUDED I NOT INCLUDED / NOT INCLUDED N N �c Q / M PTOFJAMS U / 1 ,R C FFEE PARCEL / / .-; MB 49 P 38 r r yr rGPIN 1493-33-2346 / r / / / / / / / / 1 / r / / / r / ► / r / r r 126.10' 135.18' co 164.76' O1 N 72°25'48" W o0 Thomas A. Brown Agenda Item D2 Page 9 A Proposed Site Layout Parcels J1 & K1 'ORKS. CITY OF VIRGINIA BEACH. VIRGINIA / ....`"*No I \ c�$�g 76 ' S.'k; 78 L Z.spm'$! Ai INST// ^. -, (PIAT- MST/ le)i?�i� :"5J42600609B70) I 'i 2005042600609870) Os gj, ..,IN 1493-33-1991: 4-.- t GoI 1493-33-2880 \ rpt' NOT INCLUDED 6i•g' NOT INCLUDED o m� C i4RTE 16115• !0•�� P�(S) N7109541V •IN(S) •,; C 165.50' • /12 70 PROPOSED '(LAIN B 52.93 P3 }27 o S) �7 65 EN ,193,386 14 ,;,L- /l`/T• DRNEwAY��GPIN: 1493-33-2 5' E 12,193,386 74 o i 40.252 SOFT so $.'�O >1 1 0 914 Ara ti. I J~ p ' &`O 40,394 SO.FT. ' 45.548 SC.n .—t0' DRAINAGE r`v C_r�v O�1 0.927 AC. •'t 1 046 AC. I EASEMENT i l♦, Q��''', PROPOSED ® (MB 52. P }9) :� QQ0 -rlt-.( �'� DWELLING S7„25481 R �S Q' *F O J PROPOSED 'NE PW( —_-:8 ► Q, , . •, ♦ '4 1.1.8 52.P. DWELIJNG - :, A/TED r c 1 es"�`' - `")• /..,.;. r.GPM. 1493-33-16Z: `vim `T4- QQ,, ' • 45.690 SOFT I A . e�/L PM(S ,."),.i5:-S":0"� ' 1049 AC H LEEP EL Zs, - I 240.03'AT 5O.S81 (R1) I (MB. 46. P 11 J s N 3 433 6 1.57 q� `., I SPIN 1493-33-4650 E 12,192,1 4.17 V I - \--PROPOSED NOT INCLUDED • 5 DRKVIA�L 00' if P . 4$Pid27 ?_w, ---N I.25•48"E f 460.00"-o Iwo PM(F) VARIABLE WIDTH m -- - ---, - -- � ,1�105 20' ;KESS EASEMENT& g NOTE Dow T PROPOSED 20• INCE AGREEMENT / INGRESS/EGRESS wow INGRESS/EGRESS otED ROAD-) 2 TO THE PAYED ROA)NOM EASEMENT FOR IME - _ 051O139165834CANDLE PINE LANE MO AS CANDLE PR( ! BENEnT OE LOT 61 .30• PRNATE INGRESS/EGRESS 1� LANE 10 BE VACATED. / EASEM BENEFITTING L0TS 3 TMRU 6 '•G, $ CFCEPT FOR ACCESS TO FRE , (MST. /20121017001202360-PLAT) a / • HYDRA T.SEE NTT 110 VAR. WIDTH PUBLIC UTII Y EASEMENT '. /-, (INST 12004072600114741-PIAT) f ;MST 11004)71600,14741-DEED)) s AL L.., �4'o bo ; LOT A LOT 5 / LOT 6 /'- PART OF NI h� I PLAT INST PLAT: INST/ PWT: MST 0{ JAMES CAFFEE PARCEL 8., / 20121017001202360) / 20121017001202360) • 20121017001202361) (LIB 49.P 38) o-g- GPIN' 1493-23-8472 GPM 1493-23-9490 GPIN 1493-33-1316 SPM 1493-33-2346 Zs,-o-- . NOT INCLUDED NOT INCLUDED NOT INCLUDED NOT INCLUDED ,off¶! / -- 177.67'Al SO SBL i �l 180 FEET INDIAN RIVER ROAD 11 PPNL' S7 '4-: 187 17' (ANA. NEW TOWN CROSS ROAD) (VARIABLE WIDTH R/W) Thomas A. Brown Agenda Item D2 Page 10 Proposed Dwelling Photographs for Parcel J1 . s 1-41.41•404 low i'% , iv- ILL-Li I /\ _ A i1 . IEI. 111I _ _ w _ _ . ._ ' /" A , : j Stu1ll� 0 I1 miimimmin Thomas A. Brown Agenda Item D2 Page 11 Proposed Dwelling Photographs for Parcel K1 II sIal f f 1 i 1 Lii=1 III III liii 1y NB — IP mrn i 17411b... ..., IM ® r iii - \ Ji Idt111" y` 7 ? .:a , Thomas A. Brown Agenda Item D2 Page 12 Site Photos ,� •i' r` •;.1k,,4tite+ Tr : • ,',: �� , to.lF 4;t, _ S1 1 ,�: -/ -F F� .., .•4 5. n 4.- ra wiligallal - .. • Thomas A. Brown Agenda Item D2 Page 13 Disclosure Statement Virginia Beach APPLICANT'S NAME 744HAJ' nRowAJ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development - Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness — - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay - - - Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. •- SECTION 1 / APPLICANT DISCLOSURE Page l or 0 , 41 7-- - ' _06 jimmy McNamara Thomas A. Brown Agenda Item D2 Page 14 Disclosure Statement igginia Bad, ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT f5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Thomas Brown If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity] relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: Wayne Champigny If an LLC, list the member's names Page 2 of Thomas A. Brown Agenda Item D2 Page 15 Disclosure Statement wrpme Bath 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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) tarent.subsidiary relationship' means 'a relationship that exists when one corporation directly o- 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 Z 3101 T 'Affiliated business entity relationship" relationship, other than parent-subsidiary relationship, that exists when Irl 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 (id) 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 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 § Z 23101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the ;ulyect of the apoliration 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 SEPERATE LV Page 3 of Thomas A. Brown Agenda Item D2 Page 16 Disclosure Statement APPLICANT Mgr yttitd.Beath YES �� SERVICE ROVIDER(use additional sheets if i. NO ❑ rg Accounting and/or preparer of Xyour 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 ❑ tol purchaser of the subject property I� (identify purchaser(s)and purchaser's service providers) ❑ jEl Construction Contractors D Engineers/Surveyors/Agents j „(1'%W _ r Hayden Frye Financing(include current ❑ .b, mortgage holders and lenders I^l selected or being considered to provide financing for acquisition r� or construction of the property) ❑ IJ Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 1.,,s an interest in the subject land or any proposed development .SSI 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 A. Brown Agenda Item D2 Page 17 Disclosure Statement iri;ginie Betrb 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. /Ci. , -,.— T-44,10,r A. ,der.,s WO, PYn1UNT'$SIGNATURE _ PRINT NAMEDATE 4 Aa ,Q "'AMk of .4/1 +44'� �/� o.+....f4r r.�' A-L GP A{,raOdaR'•r�FO fA 471- -Pr emd A-I Page 5 of Thomas A. Brown Agenda Item D2 Page 18 Disclosure Statement OWNER a meg-+y Virghda Beath A NO I— VES , SERVICE PROVIDER(use adationetaheetsif y� needed) Er" ❑ Accounting and/or preparer of L))IZDSS{t OA • 2"."� your tax return -e Architect/Landscape Architect/ Land Planner Contract Purchaser(if other chap ❑ 6 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) Construction Contractors Conor Mclnturff with Atlantic East :uilders ❑ fl Engineers/Surveyors/Agents Financing(include current CDU/a/V E �/,NJC .--✓ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ a Legal Services Real Estate Brokers/ ❑ t' Agents/Realtors for current and anticipated future sales of the sub'ect .ro.e 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO oes an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest' _. _.._ Page 6 of 7 Thomas A. Brown Agenda Item D2 Page 19 Disclosure Statement Weeseti CERTIFICATION: 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 fAA • Ication l E UfANAME u6 (_ ftkAvA i6Yti RJQf l4 !CN LURE n PRINT / D TE 0[JN/t C Lo� #‘.2. 04.0geo«'t^�, A�-Z /At #. DVeluxonj 4 -1 Page 7 of Thomas A. Brown Agenda Item D2 Page 20 Item#D2 Thomas A. Brown Subdivision Variance East of Riddick Lane and north of Candle Pine Lane North of Indian River Road and south of Candle Pine Lane District 7 Princess Anne November 9,2016 REGULAR Jeff Hodgson: Ms. Oliver,would you please call the next item? Dee Oliver: Our next item is D2, which is Thomas A. Brown. An application of Thomas A. Brown for a Subdivision Variance to Section 4.4(b)and 4.4(d)of the Subdivision Regulations on the property located East of Riddick Lane and north of Candle Pine Lane, north of Indian River Road and south of Candle Pine Lane. It is located in the Princess Anne Council District. Is there a representative here? Eddie Bourdon: Thank you Ms. Oliver. Mr. Chairman, members of the Commission,for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. Before, so I don't forget, Wayne signed up to speak. He will not be speaking so you can pull his card out. Thanks. The Commission entertained this application back in June and I promise you that those of you with memory because I had a couple of questions after it.This one will not take as long as that one did.You all deferred it. There are really two separate applications here.One,of which, I believe should have been approved back in June. It wasn't the tug. I think any of the concerns and discussion and that is,with the one I will start with. That is the parcel that is on Indian River Road. It is labeled K-2 on the exhibit. That is a parcel that was, I guessed over looked, back when the subdivision variances were granted for the two parcels adjacent to it,to the west. It was created like hundreds and hundreds of other parcels by deed back in the 1960s. The only reason it required a variance is because it was not platted at that time, which again, which was a common occurrence. I can't begin to count the number of times I've been before the Commission and City Council for these clean ups. And that is what is was and that's how it's created. It meets the qualifications of the zoning district. It's existed for decades. It's been taxed as a separate parcel for decades, and this is just a clean-up for that parcel K-2. So, regardless what you deemed to do on the other portion of this application,which obviously I hope you approve it as well, that should be approved. There's really no reason for it not to be approved that I can conceive of. With regard to the discussion that occurred back in June on that lot K-2,and Mr. Horsley brought up in the informal this morning, unfortunately the horses have left the barn on that property having any access to Candle Pine.That does not exist, cannot exist. And,what I'll talk to you about in a minute on the other application may help clean that up if any of you have any concerns about that. But when the variances were granted for the properties adjacent to it,that could have been a part of that theoretically,those variances but that can't be done now. So, it is just an impossibility legally to provide access as smart as that would be from a long term land use perspective,there is no way to make that happen today.So, skipping that,and going over the simple request take two existing legally platted lots, non-conforming because Riddick Lane is not a public right-of-way, lots that are roughly 100-110 feet in width along Riddick Lane by 400 feet in depth, and reorienting making those two parcels, 200 foot by 200 foot in dimension much better developable, high-end,fully higher end home than the current configuration. That is the second part. I don't know who did the labeling and really doesn't matter, but the parcel that Item#D2 Thomas A. Brown Page 2 is labeled "1"as it exists today, situation is actually Parcel 4. I'm going to provide each of you with a handout because it was big part of discussion back in lune,which I had the privilege and burden of listening too, and the reality of it, is set forth in the documents I provided to each of you and described and handed out to you. Mr. Foster, back in October 2005, recorded a declaration of ingress/egress easement and maintenance agreement, black and white, and I put a lot of yellow highlighting it which very clearly inequitably and very arguably created an ingress/egress easement for the benefit of the seven parcels that are listed in the document, and are depicted on the exhibit, which was recorded with the document,and which you have copies of.One of those is Parcel 4,which is a parcel that Mr. Foster conveyed to Wayne and his bride in 2011,vested with the right to use the paved road,and the paved road is stating as being within a portion of Riddick Lane and within a portion of the parcels. Well,again, I highlighted it on the exhibit.That is the paved road. That was later deemed to be called by Mr. Foster in 2012 as Candle Pine Lane, and I provided you with that subsequent declaration. And,again, I understand why the folks who came down here,and I think there are one or two here today,they may have been confused but that initial original declaration that created the easement for the benefit of all the parcels, which includes theirs.Theirs was renumbered as lots.You can' argue anything to the contrary. Mr. and Mrs.Champigny, and their lot, Parcel 4,absolutely is invested with the right to use that road for ingress/egress, access to ingress/egress.That is what ingress/egress is. So,they have come forward with the neighbor next door,who is going to build a house on lot that is 100 x 400 that will clearly be a lesser value for everybody in the neighborhood, and come up with a way to make the houses larger, nicer and have conditions that your Staff has recommended and also to add one more pocket book to the cost of maintaining the roads. You also noted that I highlighted on what I handed out to you,that Mr. Foster back in 2005, made it contractually the obligation of those seven parcel owners to maintain Riddick Lane and the paved road that later got named Candle Pine Lane. With this, we would suggest and it should it be an additional condition that both 1-1 and K-1,1-1 already being obligated, K-1, which is for the leftover for, both would be required to maintain all the roads as the folks on Candle Pine Lane are required to maintain them. And again, we got conditions that is,what the house would look like, how the house would lay out. We even put a 1 foot no ingress/egress easement along Candle Pine, all the way except for the one access here,versus if it is built the way it is currently, this piece of property,the long 100 x 400 can access Candle Pine at any point along Candle Pine it chooses. In fact,arguably,they can put a detached garage back here and access there and access the house as well. So, at least one access is a guarantee and I suspect there is no limitation if they were to have a detached garage in the back with a 400 foot deep lot. So,what's being proposed is a betterment by any reasonable, in my opinion, definition if you accept the reality,the reality that Parcel 4 has access to Candle Pine Lane, legally,which it does. The bone as some may say that term is, I don't think there is any bone about it. I think it is a clear cut as it could be. Having said all of the above, Mr.Champigny and Mr. Brown are amenable to actually putting a driveway across here on their property and eliminating the access to Candle Pine Lane altogether, if that will make the folks out there happy. Because they know and frankly, if I lived there, I would know that we're better off with another pocket book,with another expensive house, paying to maintain these roads,and this configuration versus having a house up here, and 400 feet back where you're going to put up a fence in your backyard.You can have any number of things in your backyard,out here in the county, that aren't going to look as nearly as nice as the beautiful house that is part of the conditions on this lot. So, I've been doing this a long and time and this is one I'm just scratching my head about. I do get people digging their heels about the idea their documents say it is an exclusive easement on that road. Well that is too bad because the chain of title shows this preveious declaration that same road having an easement for the benefit of Parcel 4. And, I can't help how they didn't get explained that by their title insurance companies.Somebody missed it. I Item#D2 Thomas A. Brown Page 3 don't know but the right to use that road by Parcel 4 is unquestionable legal. So, but they're are willing to avoid the argument with their neighbors by instead of having the access here, they will put a driveway with an easement across their lot to serve this,and put a fence in between, nice attractive fence so that nobody will use the road but they won't be paying to maintain the road either. That's their choice, but it is a better pattern development that these narrow very long lots that are there today. I'll be happy to answer any questions. Jeff Hodgson: David? David Weiner:When you say to maintain the road, is there an association for these people? Eddie Bourdon: It is a contractual obligation in the declaration because this is a private road and there are others people whose properties adjoin that road to have no contractual liability to pay for its maintenance. Because it was created, God knows, decades ago. Mr. Foster is doing a very wise thing. Maintaining that those parcels back in 2005, which are essentially the same today, have to equally pro- rata maintain the road going back to here, and the road going over to here. He subsequently when he subdivided these lots,created at that he calls "an exclusive easement" here neglecting missing, and it was just a mistake that was made,the fact that this piece of property already had the right to access it and use it. And, so this parcel 4 is obligated. It is one of the seven parcels. But Mr. Brown's parcel up here will be an eighth parcel if it is allowed to be done this way with access that would pay for it. If this property is not going to have access to this property,which is a voluntary thing,we would give up the access that already exists for Parcel 4, then this parcel would be responsible for one eight of maintenance of Riddick, but it certainly one less household that is going to maintain this road because then it would deter into what they thought they were getting which was the exclusive right to this road, that means excluding all others to use that road,for what that is worth. Karen Kwasy: I have a question. Jeff Hodgson: Yes. Karen? Karen Kwasny: Right now that road is being maintained by the existing homeowners.Correct? Eddie Bourdon: I would doubt very seriously given the newness of the road that any money probably has been spent to repave it. Karen Kwasny: Okay. It would be maintained by the existing homeowners? Eddie Bourdon: No, right now it is the obligation of seven parcels,the seven listed in the 2005 declaration and shown on the 2005 plat to maintain that road.That's the legal obligation that they can enforce. Absolutely it is not just the folks on this road. Karen Kwasny:They can enforce that all seven of them pay for the road whether they use it that ingress/egress? Eddie Bourdon: All seven have the right to use that road. They can't exclude any of them. Item#D2 Thomas A. Brown Page 4 Karen Kwasny: Regardless of whether or not there is an ingress/egress put on it. Eddie Bourdon: Correct. Now,there is a distinction between the two parcels over here that have the obligation that have the access,they have the obligation to maintain this road and this road. That obligation exists.These parcels obviously, ingress/egress they can use but there is no access to it other than they can drive down it if they so choose. But they abut it so putting a driveway on it,they can't put a driveway on it.They can't put one there for a driveway. Karen Kwasny:They have an obligation? Eddie Bourdon:They did one. They have an obligation to maintain this paved portion that is shown on that 2005 plat up to here,and actually I think it is up to around here. It may not go all the way across Mr. Brown's parcel but that road and this road that is paved and so work, and you guys have the exhibit,the obligation to maintain all of that paved road belongs to the seven parcels,which include Mr. Champigny and his wife's Parcel 4,and the two parcels, I believe it is two on this side of Riddick lane,and they have every right to drive down it. I read in one of the letters of opposition that some title company supposedly told them to put a gate up. Well guess what? They can't put a gate up.These folks have the right to use it, only direct access is only fort these people along Candle Pine,which was originally parcels, now it is lots,and Parcel 4. They have the right to access it and use it. These parcels have the right to use it but they don't abut it so they don't have access to it. I mean they could drive down it but they cannot be excluded. Karen Kwasny: How does the obligation to maintain it get enforced? Eddie Bourdon: Any of the parcels that are benefited by the declaration, have the right to come in if there with potholes. It can be done any number of ways but it is a contractual liability can, I am going to hire,x,y,z to fill potholes. Here is the contract. I mean everybody that pays their now one seventh, if this was to go forward, be one eighth with access,of that cost. If I don't have your money by such and such, we're all going to contribute and we're going to sue you and you're going to lose. And you will absolutely will. It is a neighborhood situation. Karen Kwasny: How are you providing that additional ingress/egress providing that additional benefit as you already described? Eddie Bourdon: Because we're adding an eighth parcel. Karen Kwasny: Okay. That is only a benefit if the residents there see the benefit right? Eddie Bourdon: Again, the idea of having someone else help share the cost, I think it goes without saying that's a benefit. Karen Kwasny: Maybe not. It may not be seen as a benefit that if you have additional. Eddie Bourdon: If I am paying for a roadway that other people are using. Karen Kwasny: Not if you don't want them for another problem. Item#D2 Thomas A. Brown Page 5 Eddie Bourdon: I've given you an opportunity to wait and void somebody using the road. Karen Kwasny:That is not really the issue of the Subdivision Variance either is it?That was something that had to clear up,you have to understand.The Subdivision Variance when it goes to Council has to be approved according to a hardship. That is really more issue than the roadway,which is something you had to bring back and I get it. We're not talking about the request for the Subdivision Variance itself, is really what we have to decide on. Eddie Bourdon: What you have are lots today that are non-conforming. Lots that,just like we are coming forward with this lot, what's the hardship? They were created before there was a Zoning Ordinance. They were created back when it was agriculture. They are done by deed. There was a plat recorded.They're still inferior lots, and that is why Mr. Foster did what he did to try bring this area up, which he succeeded very much in doing. This is an effort to continue that, and to make certain that the pattern of development is a better pattern of development than having these long lots with no.This lot that Mr. Brown has no restriction whatsoever, he can do whatever he wants with it, in terms of,there is no fencing mandated. No quality of construction,architectural size,all that was just obligations of these parcels, and of Mr.Champigny's parcel, but not the parcel next door. He benefits, and I think in any reasonable view, everybody benefits by knowing that you're going to have a nicer development,a nicer home,a better pattern of development than having two houses that are here with a lot of area in the back where anything can go and if I was living here and looking at it, I'm not sure I'm very confused with that. All I heard at the last hearing on this in the audience was a lot we don't want anybody to use our road. And,we don't know what the houses are going to look like, and so we addressed all the issues that I heard in observing by what we are doing here again, trying to make it a situation to where everybody is going get a long as opposed as to a situation where you're going to have a hard time, and you don't have this person paying for anything.You don't have him paying for Riddick Road either, and now you are adding one more pocket book to maintain the main road and not thee little road they were apparently told was private. Jeff Hodgson: David. David Weiner:Going back to the existing lot of configurations. Eddie Bourdon: Yes. David Weiner: Lot 1 on the bottom. You got "K" and "1". Legally does Lot 1 have access to Candle Pine Lane right now? Eddie Bourdon:That is Parcel 4. That is the parcel that is absolutely. Why someone chose to label it "1", it really doesn't matter. But property,as I demonstrated anyway, I understand the gentleman. David Weiner:lust making sure. Eddie Bourdon: Absolutely no doubt whatsoever. If fact, I suggested to Wayne and his wife, go ahead and get a site plan approved and go ahead and put your driveways in. If they will try to stop you,good luck. They are not going to succeed. But again,they don't want to be confrontational. This is the lawyer telling you. This is one of the things you can do.Okay, but we're also trying to have everybody Item#D2 Thomas A. Brown Page 6 understand that there is a betterment here that benefits everybody. It is just simply a question of whether they prefer one house the way we are proposing it and only one house to be able to sue that road yet they will be paying for it as will Mr. Brown so again, there are seven,there will be eight. Also that goes for Riddick, and there is going to be more maintenance required for Riddick because there are more houses using that, not to get too far into the weeds. These seven or potentially eight folks do have the ability to pursue payment from the other people but it is not contractual. It is a little bit more difficult and in court a little bit more difficult. So, it is just trying to help make the community a better community. That is the only reason that these two gentlemen are doing this. They certainly are not trying to make thing worse for anybody. Jeff Hodgson: Ms.Oliver? Dee Oliver: I just want to make sure I'm clear on this. Eddie Bourdon: It's confusing. I understand. Dee Oliver: I'm not too confused. "1" has access to Riddick and they actually have legal access to put a driveway across that little stretch of field and into Candle Pine Lane. Eddie Bourdon: Absolutely. The assertion that I read from the gentleman,that somehow whether you can't get to it. The declaration of the ingress/egress easement and maintenance agreement is the creation of the right to access to anyone whose property abuts it, who is listed in that document, seven parcels, right in the document, and that includes clearly and inequitably Parcel 4. Jeff Hodgson: This was the missing piece from last meeting. Eddie Bourdon: I researched it after the fact. They asked me if I could help them, and I didn't know what I was going to find. Again,to be clear, it is not my intention to, although it may sound that way, but the folks who are in opposition, and they were asked get an attorney to look at this, talk to me. I'll be happy to talk to anybody about this. The reality is I think they are being fed some information maybe by a title company that missed this, and it is not in their private policy or they don't want to tell them about it. I don't know. I don't know the background. I understand when they read something they have that says this easement is exclusive that was created in 2012,seven years later that was Wayne and his wife already bought parcel 4, which is vested with their right to use that road. Wait a minute. What I have a copy of is here is that Mr. Foster created an exclusive easement for us. I'm sorry that doesn't change the fact that he already created and it is an invested right for Parcel 4 to use it, and the right for the other two parcels that park on the road but they obviously don't abut it so they have the right a driveway to it. They can't get a driveway. Karen Kwasny:Jeff, can I say something? Jeff Hodgson: Yes. Karen Kwasny: So,just to sum everything you put forward here.The argument is to reconfigure the lot is to allow for what is already allowable. Okay. What you say is a more quality development of those two lots and one access to Candle Pine which is already available to that lot. Item 402 Thomas A. Brown Page 7 Eddie Bourdon: Correct. Karen Kwasny: So,we're not adding anything in addition,we're simply reconfiguring the lot and providing what's already allowable. Eddie Bourdon: Correct.That is absolutely right. Karen Kwasny:That is all there is. Right? Eddie Bourdon: The burden upon the easement fort the portion that is now called Candle Pine doesn't change the burden. The burden is the same as it legally exists today with this. We've also taken it one step further,which is not part of this but so it is very clear the intent. If these folks really believe this is an awful terrible thing,we are even willing to fore go and vacate the access that exists with this configuration and provide on our parcel 1-1 access to K-1 that will be a separate driveway that will run on J-1. It will be parallel to Candle Pine out to Riddick. Jeff Hodgson: That seems like it would be foolish on all accounts. Eddie Bourdon: I don't disagree. But the point that I am making this configuration is so much better, it doesn't matter which way you do it. Jeff Hodgson: If you left it the other way,the Lot 4,which is Lot"1", correct, could actually have multiple driveways off of Candle Pine. Eddie bourdon: We could put a house up here, a circular drive off Riddick-Candle Pine put a detached garage in the back with access. We could put a pool, pool house. There would only one. Again,they could attempt to file suit to try to stop us, and I will tell you that they are not going to win. We're limiting the access to one house and one driveway with this proposal. That does make more sense but I'm also trying to get across the point that it isn't about time to step on their toes so what they thought they were getting with their Candle Pine exclusive easement that is unfortunately not. We're trying to make a better pattern of development a higher end development. Ron Ripley: You are also offering up the other lot just at unit cost. Eddie Bourdon: And all the maintenance. Ron Ripley: So, if you had a $100,000 bill you had to split up, you would have seven ways. Eddie Bourdon: We would go eight ways because it would save everybody money. Ron Ripley: Saves everybody a little bit money. Eddie Bourdon:That's the idea. Jeff Hodgson: Are there any other questions for Mr. Bourdon? Item #D2 Thomas A. Brown Page 8 Bob Thornton: I got one. The Candle Pine Lane 30-foot private right-of-way,the way that configuration now is drawn,you're asking for a variance because that lot is not sitting out on a public road. Is that the whole essence of this? Eddie Bourdon: Correct.That variance would be required for these two lots exist today require a variance. None of the roads are public. Bob Thornton: Okay. Eddie Bourdon: It meets every requirement of the Zoning Ordinance for this zoning district except the fact that these roads are not public roads. Bob Thornton: So the owners of"J" and "K"could not go and get a building permit to put a house on "J' and on "K"? Eddie Bourdon: They can because those lots were platted years ago. Bob Thornton: They are non-conforming legal. Eddie Bourdon: They are legal non-conforming unlike K-2, because that was never platted. Those existing Parcel 4 and Mr. Brown's lot to the north are 100 to 400 feet. Bob Thornton: So back up. So what are we doing K-1,1-1. If we approve this and City Council approves it and your clients get to do what they want,they will have one house in the front with a limitation to no access to Candle Pine as a part of the plat, the recorded plat, and one spot back in the back to serve the K-1? Eddie Bourdon: That is correct. And we've also agreed to a 50-foot setback from what is a private street for which there is no setback. So, again,we are providing a guaranteed plan of development that is a condition of the variance that will again, not result in something being built close to Candle Pine Lane. Not that anybody is going try to anything intentionally to be a burden as far as the aesthetics but there is not control today over what is in that 400 foot going back,and this given them the noted high quality, something that you're going to like looking at in front of your house and not behind your house. Jeff Hodgson: Are there any other questions? Thank you sir. Eddie Bourdon: Thank you all. Dee Oliver: Our next speaker is in opposition. Mr. Shawn Quigley. State your name for the record. Shawn Quigley: Sure. Thank you Planning Commission members. My name is Shawn Quigley. I'm here today in opposition of this variance. Unfortunately both the neighbors on Candle Pine Lane have military obligations. One is a Navy Seal and one is retiring tomorrow, so they are not able to be here to voice their concerns as well. I submitted my letter for the three homes on Candle Pine Lane. Some things that the plaintiff's attorney has brought up, I've not seen anywhere where Mr. Champigny has a deed establishing ingress/egress rights to Candle Pine Lane. Even though he bought it in 2011, Baymark Item#02 Thomas A. Brown Page 9 still owned the ingress/egress rights to the paved area. It did not confer those rights to Mr. Champigny. When we sold our property Candle Pine Lane 2012, they sold us the rights to ingress/egress to Candle Pine Lane for our lots only. These are shown in instruments ending in 3400,3401, 3301 that are listed in our deeds. These lots do not include Mr.Champigny's lot. And,this was when the 30-foot easement was established for Candle Pine Lane, additionally Mr.Champigny's lot is not in the road maintenance agreement for Candle Pine Lane. And,therefore, he does not access to Candle Pine Lane. We've had two different title companies, lawyers from title companies write us letters back. If he does have access to Candle Pine lane, he does not have access to go across that seven foot strip of land with out a court order. Also, another attorney suggested that we put up a fence or a gate to prevent Mr.Champigny from going across Candle Pine Lane legally. So, please keep in mind that his lot does not abut to any part of paved area of Candle Pine Lane. It sounds like the discussions that Mr. Bourdon has done today that they are willing to subdivide the lot,create their own private entrance and exit to access both those homes and ideally, if they are willing to do that, I don't think we would be in opposition of that proposal. Only if they stay off of Candle Pine Lane. Jeff Hodgson: So you would rather have them not contribute to your capital fund or whatever you may have. Shawn Quigley: Well,to Riddick Lane they would. Jeff Hodgson: But not Candle Pine. Shawn Quigley: We're fine with just the four homes paying for Candle Pine Lane. Jeff Hodgson: Have you seen this document that Eddie has brought in today. I am not an attorney but it is pretty dependent to me when I read through it real quick,especially the highlights. If you haven't seen this, I think it would be worth it. Shawn Quigley: No, I've seen it. I've had an attorney research it as well. Jeff Hodgson: Okay. They didn't agree with it? Shawn Quigley: They said that looked it and conferred the rights to Candle Pine Lane specifically,they might have conferred the rights to Riddick Lane because when I pulled up the title from another individual that lives down Riddick Lane,further down, his lot also ha it in there as well. But it was only for Riddick lane that they only had the 30-foot ingress/egress not to Candle Pine Lane. Jeff Hodgson: Okay. Shawn Quigley: Candle Pine Lane is not identified.There are three different map books. One map book and two different instruments that is referenced and it does not reference Candle Pine Lane. Jeff Hodgson: So,you feel like your neighbors and yourself you will be in support of this application, configuring these lots if they put a drive aisle to the lot. What is it called? I am getting my lots mixed up. Item#D2 Thomas A. Brown Page 10 Shawn Quigley: 1-1 and K-1. Jeff Hodgson: Drive aisle.1-1 through K-1. You would be okay with that? Shawn Quigley:Yes. This point, we are willing to go with that as long they put a fence up or we put some tree barrier up in between those two lanes. Bob Thornton: Notwithstanding the legal argument,why are you all so opposed to that one lot being able to use Candle Pine Lane? Shawn Quigley: There are seven kids on the block right now that can play freely up and down that street. Nowhere else in Virginia Beach that I know where you can do that without owning 10-acres of land. We do not want to see that go away.That is a priceless commodity that we bought into. Bob Thornton: So if the buyer of K-1 ends up bringing three kids into the neighborhood,are you all going to make it clear that those kids can't play on Candle Pine Lane? If they run a fence all along that boundary, this is our lane and you can't play on it. Shawn Quigley: We are not like that at all sir. We all interact with one another. Bob Thornton: From a practical standpoint,you can't have but so many cars coming and going at one day at one house. Shawn Quigley: Well, I was the first house on that road, so I'm lot number 4,the furthest down. I can tell you that when those construction trucks start rolling through, people start looking at new homes. It is basically a long driveway. We don't want to see another home come on there. We feel we will be burdened if that occurs. And legally,we've dealt with three attorneys. Bob Thornton: We can't deal with the legality of it. Shawn Quigley: I understand sir. Bob Thornton: All we do is approve the subdivision or not. And if it is legal problem,the owners have to deal with that with the title company. Shawn Quigley: Another thing I forgot to bring up,we are in a non-subdividing neighborhood of the covenants that convey with our lots. Mr. Champigny has not had every one sign off on that. Mr. Foster has not signed off on subdividing his property either. That has come to light that Mr. Champigny, I'm sorry Mr. Foster,from Baymark would possibly agree to subdividing Wayne's lot if the Planning Commission approves it today, so I don't know how this plays into legalities of stuff, but as of right now, on a civil issue, he can't subdivide that lot legally. Jeff Hodgson: Is there anybody else with questions? Thank you sir. Shawn Quigley:Thank you very much for your time. Item#D2 Thomas A. Brown Page 11 Dee Oliver:Our next speaker in opposition is Mr. Wallace. Jeff Hodgson: Good afternoon. Reginald Wallace: Good afternoon. My name is Reginald Wallace. I just have a couple of things. I wanted to take an opportunity here just to address the individuals that are involved. But the one question that I would have. I will just point really quickly. Eddie Bourdon: I'll point for you. Ed Weeden: Mr.Wallace,you need to come to the microphone. Reginald Wallace: There is a bit of property right on the other side of Candle Pine Lane as you go up Riddick Lane right at the intersection of Candle Pine and Riddick, slightly up. He is in the general area. There has been a stake down there for quite a while since I moved in that would mark my area,the end of my property,and one of my biggest concerns was for the particular portion. I just want to make sure that is addressed if this gets approved obviously.And I just want to take an opportunity to say that during that entire process and I know I don't live on Candle Pine but I do live on Riddick Lane. There have been a lot of conversations going back forth between individuals, but not at any time did anyone come to speak to me, so if this someone would have come down and spoken to me about the situation, I would have more of a basis of where my opinion would lie. I've been speaking to Shawn on occasion with regards to this situation and I'm definitely the same way.The kids on that street,they play there quite a bit and putting another home over there,to me, would be a detriment. It kind of takes away from one for the reason why we saved up so long and move up to that particular area,again, I know you don't issue the legalities of the situation but the thing about the seven foot strip obviously,and just subdividing that today was the first time we hare about the access to the Candle Pines. Again, I can't get into the legalities of that. It is my understanding that property did have access to it. I haven't seen the documents. I guess my biggest thing is the fact that if I could get in contact with the individuals involved other than Shawn, my neighbor, I would have more basically more of an opinion to go one way or the other but as of right now since I don't have a lot of information from the individuals involved, I still feel the same way They don't have access to that,and definitely want to keep that property so that those kids can play on that particular street. As far as maintenance of the street itself, I would much rather have it the way it is now, and just have less hands going in for contributions, and adding one or two more people contributing. And that will be it. Jeff Hodgson: Okay.Thank you. Are there any questions for Mr.Wallace? Thank you sir for coming down today. Mr. Bourdon? Eddie Bourdon: Wayne and his wife are here and I know there have been meetings but I guess those meetings have just been with the folks on Candle Pine. I will be more than happy to share the information with this gentleman. These mystery letters from other lawyers,and I know my clients have asked. I gave them an opinion letter back in June. They asked if they had a lawyer, if they have a title company,call me, let's talk. Again, Mr. Chairman,you all could read the document for itself. It is black and white. It is in their chain of title to their property. It pre-existed the creation of their lots but they were parcels previously. It is just not arguable that this Parcel 4 doesn't have access to that road. I would love to see and know who the lawyer was and see how much they knew of what the title Item#02 Thomas A. Brown Page 12 company they missed it. Again,the intent isn't and I heard three title companies but I have not seen anything from anybody and I would love to see it. But the reality is and again,the gentleman,who spoke, said they would prefer that there be a driveway here.Again, I don't know the reason but to have that ugly fence up anyway,which is what we are trying to avoid here. But to put some strip of landscaping or something that it is very clear,that this is their private road and the driveway is up here. That certainly can be accommodated. Again,either way it benefits them and what they are trying to achieve and they are going to be looking at something a whole lot nicer than what the potential is. And what the potential Wayne and his wife have at looking at a house here on a narrower lot that won't be as attractive. As far as Riddick is concerned,the two lots as they exist today have access to Riddick, where the other gentleman lives and we're simply having is one house with access to Riddick and one with Candle Pine that would go out to Riddick and help again, pay the cost of maintaining Riddick. If we redo it, with an easement that is still one extra house that pays to maintain Riddick, it just doesn't pay to maintain Candle Pine as it is currently required under the declaration if they chose to enforce,which they have every legal right today to enforce it, that is those people on Candle Pine. Jeff Hodgson:So, if your client agrees to put the easement across the one property to get to the back lot,do they still have to contribute at all to Candle Pine? Eddie Bourdon: No. What we would then agree that both lots would contribute to Riddick but again it still adds one additional to contribute to Riddick. Jeff Hodgson: I got you. Eddie Bourdon:Yeah. We would not contribute to Candle Pine because we would basically be vacating the right and agreeing to vacate the right that Parcel 4 has today to utilize Candle Pine., again,a benefit from their perspective to them. Jeff Hodgson: Okay. Eddie Bourdon: Either is acceptable to us. Jeff Hodgson: David? David Weiner: Mr. Bourdon, I have some questions. You have to help with this because I am just reading here. Existing variable width, a public utility easement is on Candle Pine. So, is that where the water would go to the house for Parcel 4,would be located on Candle Pine? Eddie Bourdon: It could be but again. David Weiner:The second part of that question. Eddie Bourdon: They are benefited by that as well. That is correct. David Weiner: So if the water line is there,they definitely feed from Candle Pine and not Riddick. Eddie Bourdon: I do not personally know. I believe there is a waterline in Riddick as well. I believe that Item#D2 Thomas A. Brown Page 13 to be the case. I can't swear to that, so they would hook in to which ever was more economical to hook into. They do have the right to hook into the water line in Candle Pine but it might not be in their interest to do it there. David Weiner: I just asked the question because I was listening to hat this gentleman back here was saying because it would accurately give them more access to Candle Pine. Eddie Bourdon: The intent here is to make for a higher quality, better development than the pattern that exists today.That is ultimately what I am here to say. Maybe I spent too much time arguing about what is black and white and the right to access but at the same time if the opposition doesn't oppose, if we run a driveway out to Riddick then we have accomplished what I am here to try and accomplish for the two other owners to make a higher quality.Their homes will be more compatible.They will be a better situation and I frankly believe the folks on Candle Pine would agree with that. That is a better way to develop the property than the way the current pattern is. If that is the way they're willing to accept it then that is what we will do, but I just wanted to be clear, I don't think it could be any clearer no matter what the gentleman says. Someone has told him, and I know my clients have asked, give us what your lawyer has told you. Give us something in writing so we can engage them and try to understand what they know and what they don't know because it is just not close. Jeff Hodgson: Any other questions? Mr. Redmond? Dave Redmond: So one way or another two houses are probably going to bet get developed on this property. Eddie Bourdon: They can develop two houses now. It is not an increase in density. There is no increae in density here whatsoever. Dave Redmond: One way or another, more houses more people. Eddie Bourdon: The same amount that could be developed today just in a better configuration. Dave Redmond:Thank you Jeff Hodgson: Is there anybody else?Thank you sir. Eddie Bourdon:Thank you. Jeff Hodgson: No other speakers? We'll close the public hearing and open it up for discussion among the Commission. Anybody else? Where is this? Princess Anne. I'll look down to Karen. Karen Kwasny: So, legalities aside, because I still think there muddy water on that. I think the issue is about Subdivision Variance,and I think the community is willing to accept as a compromise. Go ahead, reconfigure the lot but put in that drive aisle that runs adjacent to the reconfigured property, six one and half dozen on the other to each of them. Item#D2 Thomas A. Brown Page 14 Jeff Hodgson: I agree. David? Dave Redmond: I don't know why we've been wrapped by the ankles about this for two meetings now. I really don't understand it. I would suggest that these two people sue one another and sort that out. But I don't think it is really irrelevant. This is a land use exercise. Okay. From this map, I mean from this site plan, I can tell that site plan made way more sense than the previous site plan. Who has and who doesn't have access to Candle Pine, I find truly irrelevant to me. Sue another,figure it out. That is an easy call in my view. That lot configuration makes way more sense than the previous one. So,there is a couple of houses coming. Maybe some more kids, maybe not. Depending on who buys them but two more house are coming to that area.That makes way more sense. That is my two sense. Jeff Hodgson: Is there anybody else? Ron Ripley: I think what these two easements clearly says that Lot 4 has access to that particular road. If that applicant is willing to compromise on what they want to do with the little driveway, it doesn't bother me but I think it is a much better layout.This is really ridiculous in my opinion. Don Horsley: I think by far that is a better site plan to develop under so I make a motion that we approve it. Karen Kwasny: I just want to ask Eddie,are they going to put a condition in your going to vacate that? Eddie Bourdon: So that we're clear before it goes to City Council. Between now and then, we will revise this plan and provide it to the folks on Candle Pine showing that driveway going through to Candle Pine it will go across to Riddick and we will show a one foot no ingress/egress easement across the entire frontage on what is now called Candle Pine. Mike Inman: It will be on proposed on Lot 1-1? Eddie Bourdon: It will on 1-1 for K-1.That is correct. It will bean easement just for that. That designation and it is already in here the conditions about the units and for two houses and what they look like. I think there should be another condition making it clear that by vacating that, neither of these two lots will have any obligation to pay to maintain Candle Pine but they will be both be responsible for their pro-rata share of maintaining Riddick. Bob Thornton: I don't think we can do that? Kay Wilson: I would prefer that we don't put anything in about sharing contributions because then the City is responsible for enforcing that. Eddie Bourdon: These houses are private restriction. We'll agree to record a private restriction with the subdivision plat that incorporates the previous declaration language both of quality of home and other maintenance issues. Kay Wilson: Okay. Item #D2 Thomas A. Brown Page 15 Eddie Bourdon: If you want to do that way. That way it is not specified. I concur with you 100 percent. Don't forget we also have K-2 as well. Ron Ripley: I don't see any need for any fence either. Eddie Bourdon: I don't think aesthetically the folks out there really want a fence. That is part of what you're getting here is not looking at a fence. We can work on that. I don't think that will bean issue. Karen Kwasny: With all that said, can I second it with all that added in? Jeff Hodgson: Yes. Karen Kwasny: Do I have to say all of that? Jeff Hodgson: Now. I honestly can't understand how this is better but if everybody is agreeable to it, and it gets the job done, a motion made by Commissioner Horsley and seconded by Commissioner Kwasny. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,the Commission has approved the application of Thomas A. Brown. Eddie Bourdon:Thank you for your patience. Have a nice Thanksgiving. Jeff Hodgson: Thank you very much. 1, ,. '. C..) CO C.) --to _ fii \ , _......., ti) . Ail 9_9,14S 4S.11JA .„ W --- 0 „-- - -- i-rd --C---- --- -- /`-'..---..--- -- --- \ . - ___ • _---- .- 1% . . i S116 _------e-'-- -----c‘os, . •MEI „ • ritti ,; ---- ' .-_ \ 1 .--, iit(eNNa -------- -------------- . ...".•----_- - - ' , \ . i , ..: ..: -7,---'-- - \ \ +PI C\ _--------1 Of) \ _.--. \. - _ - • . ' 01) %.--- S,,....___--...----- CO • ' . . . Ci r-r-ccii 110 r . . .. ,.. .., _ . 1 ... . .. .. ., [ i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHICK-FIL-A, INC. [Applicant] POP STEAKHOUSE, LLC [Owner] Alternative Compliance (Sec. 2203, 2204 & 2210, CBC Central Business Core District) 4725 Virginia Beach Blvd (GPIN 1477350468). COUNCIL DISTRICT— BAYSIDE MEETING DATE: December 13, 2016 is Background: The applicant proposes to construct a new drive-through restaurant and freestanding sign. The proposal does not comply with the following requirements of the Central Business Core District: 1. Section 2203, Use Regulations 2. Section 2204 (a) and (b), Development Standards, Build-to zone 3. Section 2204 (a), Development Standards, Parking Setback 4. Section 2204 (b), Building Form Standards, Height 5. Section 2210 (a) (6), Freestanding Signs Section 2205 Alternative Compliance of the Zoning Ordinance, Central Business Core District allows City Council to grant special exceptions for the development of new uses or structures that do not conform to the uses or forms of development, including signs, otherwise permitted under this Article. The Central Business District Association (CBDA) Design Review Committee voted to approve the applicant's proposal based on several recommended conditions, which the applicant has met. • Considerations: Although the proposed drive-thru restaurant does not meet the stated goals and objectives of the Pembroke SGA Plan, it is acceptable as an interim use per the Interim Use Policy described in the 2016 Comprehensive Plan. Since the CBC Design Guidelines are urban in nature, and this fast-food restaurant follows a suburban model, there are very few guidelines that are applicable to this proposal. However, the applicant has taken some steps to improve upon the building and site design to bring them closer to compliance with the Zoning Ordinance. The most impactful improvement, however, is that the applicant has agreed to construct "Town Center" style streetscapes in the public right-of-way along both Virginia Beach Boulevard and First Street. These improvements in the right-of-way will help set the urban standard in this northwest quadrant of the Central Business Chick-fil-A, Inc. Page 2 of 2 Core District. Based on the support of the CBDA Design Review Committee, Staff recommends approval of this request. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request with eight conditions. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep • r -n, . gency: Planning Department' r.1-. a 14 City Manager: Applicant Chick-fil-A, Inc. Agenda Item Property Owner POP Steakhouse, LLC Public Hearing November 9, 2016 cityof City Council Election District Bayside Virginia Beach Request 8,,"+., .1' E Alternative Compliance Special Exception for w"``lw` ? = I s Alternative Compliance to Article 22 of the s ^ e �? V a i. S v--,I•oae tone Central Business Core (CBC) District: 1 C I f 1010 Street Crown Pont lane 2 (A) Sec. 2203 Use Regulations s i (B) Sec. 2204 Development Standards (C) Sec. 2210 Regulations applicable to all i Jeanne Street o signage a 4 } Y a - eroadstrer Staff Planner s Ashby Moss a SendSt err Location r � m .: �,.rm„BarA Oootvald t 4752 Virginia Beach Boulevard as GPINaRank Street Votomac sues 1477350468 Site Size 1.189 acres AICUZ Less than 65 dB DNL �,. • . Existing Land Use and Zoning District -' ' V,,..,.-!' r . Vacant building/CBC District r - .,,,i1..7,„ I , °j i Surrounding Land Uses and Zoning DistrictsII ; t . w y t ,,�. E ;, t .' M1N�r----,!t - . 7.i i'. • North irliitc�i a, r I .. JAI.. Five-story office building/CBC District ` ..: , . '`• � r..„ ', South , ' , • I f r Virginia Beach Boulevard - ' 1 _ • ii Auto sales/CBC District t+�-•, r�f '``a �11f1 , to �� •5� t . 71—raj.4 ragji East _ First Street -- _____ Pump station, retail strip center/CBC District t` • c,.,.`.._. ,. _, T------- � West ,_ .+w'*�' �;.{i a7 ��1. -- .�,^ A�f'If -t_ '-� e. ki Vacant commercial building/CBC District Chick-fil-A, Inc. Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Special Exception for Alternative Compliance to Article 22 of the Zoning Ordinance, Central Business Core District. The proposal does not comply with Section 2203—Use Regulations; Section 2204 —Development Standards; and Section 2209—Sign Regulations. • The applicant proposes to develop a new 4,827 square-foot drive-through restaurant with an outdoor seating area and a freestanding sign. The building is placed approximately 37 feet from the eastern property line (15t Street)and 88 feet from the southern property line (Virginia Beach Boulevard). • The site has a two-way vehicular entrance on all three street frontages (Virginia Beach Boulevard, First Street and Kellam Road). The applicant has revised the site plan to eliminate a conflict between the Virginia Beach Boulevard entrance and an existing bus shelter by relocating the shelter to the western edge of the property and locating the vehicular entrance 50 feet from the shelter. • The drive-thru consists of dual lanes lining the west side of the building to the order kiosks, which are located at the southwest corner of the building, aligned with the building. After the order kiosks, the lanes merge into a single lane,which wraps around the front of the outdoor patio area and green space to the pick-up window on the eastern side of the building. A 16 to 18-foot wide, one-way, drive aisle circles around the outside of the drive-through lanes. A total of 53 parking spaces are located on the west side and rear of the site. • Although landscaping is not shown on the submitted site plan, all interior landscaping, including foundation, interior parking lot, and street frontage landscaping,will be provided to meet the current standards of the Site Plan Ordinance. In addition,the applicant has agreed to construct "Town Center"style streetscapes on Virginia Beach Boulevard and 151 Street, consisting of concrete sidewalks with brick paver accents,street trees, pedestrian lights, and other street furnishings. • The building is constructed of brick on all sides with large windows, dark bronze metal canopies and dark bronze Bahama shutters. Although the building contains just one story, parapets and faux windows give the appearance of a two-story building on the front half, reaching 26 feet 8 inches. The rear half of the building reaches 19 feet 4 inches. • A new, eight-foot tall, 12-foot wide monument-style sign is proposed at the southeast corner of the site. The sign has a two-foot tall brick base made of brick to match the building. The sign has a red aluminum background with white "push-thru" acrylic letters. Internal fluorescent lights will illuminate only the letters, as the red background will be opaque. The wall signs are red "channel-letter"for both the"Chick-fil-A" name and logo. Directional signs are 2.5 feet tall with a gray metal base, white opaque aluminum background and red "push- thru" acrylic letters. The menu board sign contains only menu information and no additional signage. Chick-fil-A, Inc. Agenda Item 1 Page 2 b.2 A-Is Broad Street 22 CBC /////// Zoning history • B-3 j m _ Second Street # Request 3 ' 2, >/N 1 CRZ(B-3 to conditional B-4C)Approved 03/28/2006 m\ , . CUP(multi-family dwelling units)Approved 03/28/2006 o' . LL 2 REZ(B-3 to CBC)Approved 02/25/2014 � 2 REZ(B-3 to CBC)Approved 02/25/2014 Virginia Beach Boulevard 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this area as being within the Central Business District/Core Area of the Pembroke Strategic Growth Area. The SGA Plan, adopted November 10, 2009, describes the Central Business District as "a high- rise district, home to the financial and cultural arts of Virginia Beach,this area is the heart and center of the new emerging downtown for the City of Virginia Beach, and will have the highest density, with a vertically mixed-use epicenter of activity for Virginia Beach," Pembroke Strategic Growth Area 4 Implementation Plan, p. 26. The stated goals and objectives of the Pembroke SGA Plan are represented in the six Development Principles described on pages 15—18 of the Plan (attached at the end of this report). 1. Efficient Use of Land Resources 2. Full Use of Urban Services 3. Compatible Mix of Uses 4. Transportation Opportunities 5. Detailed Human-Scale Design 6. Environmental Stewardship INTERIM USE POLICY(2016 Comprehensive Plan Policy Document, Chapter 1 Urban Areas, pp. 1-13 and 1-14) Recognizing that the transformation of the SGAs will be gradual and that land development is market driven, our objective is to achieve quality urban site design and building form with flexible building types that will enable a transition to recommended uses over time. Uses deemed inconsistent with the long range vision in the adopted plans, but acceptable as interim uses given current market forces and land uses in the area, should be granted for a limited period of time.These time periods may be extended on an annual basis if the Zoning Administrator and Director of Planning& Community Development find that the current development trend is not indicative of imminent redevelopment consistent with the adopted SGA plans. Chick-fil-A, Inc. Agenda Item 1 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 46,098 ADT 34,940 ADT1(LOS°"C") Existing Land Use 2—516 ADT 56,240 ADT 1(LOS°"D") Proposed Land Use 3—2,380 ADT 'Average Daily Trips 2as defined by 1.2 acres of 3as defined by 4,800 square foot fast ' LOS=Level of Service CBC zoned property food restaurant with drive-thru Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. There are no CIP projects slated in this immediate area. A mass transit station is planned within one quarter-mile of the site at Kellam Road. Public Utility Impacts Water This site must connect to City water. There are existing 20-inch and 16-inch City water transmission mains along Virginia Beach Boulevard and an existing 10-inch city water main along Virginia Beach Boulevard. Sewer The site must connect to City sanitary sewer. There is an existing four-inch City sanitary sewer force main along Virginia Beach Boulevard, an existing eight-inch City sanitary sewer gravity main along First Street, and an existing four-inch City sanitary sewer force main along First Street. Evaluation and Recommendation The table below describes the sections of the Zoning Code for which the applicant is seeking Alternative Compliance. CBC District Code Section Required Proposed Section 2203, Restaurants, whether freestanding or in a mixed-use The drive-through facilities are not Use Regulations building, with a drive-through window, provided that located on the block interior and are drive-through facilities shall be located on the block visible from two public rights-of-way. interior or on the ground floor of a parking structure so as not to be visible from a public right-of-way Section 2204 (a) Build-to zone =0-10' (on 70%of street frontage) 0%of the build-to zone on both and (b), The build-to zone is the portion of a lot in which at least street frontages contains a building Development the first two (2)stories of a building facade facing a street facade. Standards, must occupy no less than the percentage, as designated in Build-to zone subsection (b), of the distance between the lot lines abutting the public street faced by the building facade. The build-to requirements shall apply to all building facades facing a public street. Section 2204 Surface parking setback(min.) = 20' (on 70%of street 0%of the surface parking setback has (a), frontage) been met. A vehicular drive-aisle Development encroaches 10' into the setback on Standards, both street frontages. Parking Setback Chick-fil-A, Inc. Agenda Item 1 Page 4 Section 2204 Height (min.) =25' or 2 stories,whichever is lower Just over 50%of the building exceeds (b), Building the minimum height at 26'8". The Form Standards, remainder of the building is 19'4". Height Section 2210 (a) Freestanding signs shall be allowed only by special The Central Business District (6), exception for Alternative Compliance. Association's Design Review Freestanding Committee has determined that the Signs proposed freestanding sign complies with the applicable design guidelines. The Code allows the Planning Director to solicit the comments of the Central Business District Association (CBDA) Design Review Committee reviewed the submitted building elevations and a previous version of the sign package and site plan on October 26, 2016. The Committee voted separately on each aspect of the proposal,with the following results: Building Elevations—Approved 5-0 as presented Sign Package—Approved 5-0, with one condition. Site Plan—Approved 4-1,with six conditions. The applicant resubmitted a revised the sign package and site plan to meet the conditions requested by the Committee. Although the proposed drive-thru restaurant does not meet the stated goals and objectives of the Pembroke SGA Plan, it is acceptable as an interim use per the Interim Use Policy described in the 2016 Comprehensive Plan. Since the CBC Design Guidelines are urban in nature,there are very few guidelines that are applicable to this proposal. However,the applicant has taken some steps to improve upon the building and site design to bring them closer to compliance with the Zoning Ordinance: • Surface parking is located on the interior of the site, • The front portion of the building simulates a two-story building, • Order kiosks are screened from 1St Street by the building and partially from Virginia Beach Boulevard by landscaping in the median separating the drive-thru lane from the bypass lane. The most impactful improvement, however, is that the applicant has agreed to construct "Town Center" style streetscapes in the public right-of-way along both Virginia Beach Boulevard and 1"Street. These improvements alone will help set the urban standard in this northwest quadrant of the Central Business Core District. Based on the support of the CBDA Design Review Committee, Staff recommends approval of this request. Recommended Conditions 1. Except as modified by any other condition below,site development shall substantially conform to the site exhibit titled, "VIRGINIA BEACH BLVD. FSU,VIRGINIA BEACH, VA, SKETCH 'M'," dated 10/31/16 and prepared by GBC Design, Inc.,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Landscaping and screening on-site shall meet current site plan requirements, as determined by the Development Services Center's Landscape Architect during detailed site plan review. Landscaping shall be installed in the median separating the drive-thru from the drive aisle to screen the order kiosks. 3. The building shall substantially conform to the elevations titled, "EXTERIOR ELEVATIONS, RELO VIRGINIA BEACH BLVD, VIRGINIA BEACH, VA SO8H-N-SQ-SM-R," dated 05/10/2016,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. The dumpster area shall be enclosed by a brick wall matching the building and solid enclosure doors. Chick-fil-A, Inc. Agenda Item 1 Page 5 5. All signage shall substantially conform to the signage plan titled "Chick-fil-A at Virginia Beach,VA(RELO)," revision date October 31, 2016 and prepared by Clayton Signs,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 6. Streetscape improvements within the right-of-way on Virginia Beach Boulevard and 15t Street shall substantially comply with applicable "Town Center"style typical specifications titled "The Town Center" revised 06/28/02 and prepared by CMS Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. Pedestrian easements or a dedication shall be provided where the sidewalk extends onto private property. 7. Internal pedestrian crosswalks shall be constructed of either a combination of brick pavers and concrete or gray stamped concrete with a herring bone pattern as specified in the "Town Center" style typical specifications referenced in condition#6. 8. The applicant or property owner shall be responsible for all costs associated with relocating the bus shelter and any other improvements required as a result of relocating the bus shelter. 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. Chick-fil-A, Inc. Agenda Item 1 Page 6 Proposed Site Layout — Full Page 1214 1 1+14 1! Ill !Pill il r2- 1 ;Nil el /loil gi iggll i Ii1iP giill / III GGG T1 1 il Eliii x o1 1 'g t li 4 i% l 8 :A --'®-3 .....Z 8. 100 1511 1I- - It- g-k 1/l-- . _-J Yg �_ 1 a ..... , �� - �__-_— �� -oto � e.._ ' --....-.-474.111111..— • iffr • 41 ,a, ,........ - . , El �• ' II i t., `• •n, 1 $ I ` ''. 'F'MEMBER 1' ' L:Eri II ( _III f ' 7'1 ia �51 N II C) NIIIM�I I j ii I rill"!r77,7°,11,1M.1,„. 8H- -SO-SM-R CUSTOM a _� II 7 4,827 Sf.(BUONO CROSS MEA) y i I - 119 SEAT( (TDOORik IIII,O ♦ 1 LI_7. .- 20 SEATS(OUTDOORS) L ' atuL I- r% - p I 4 - i ikl r-m------. 4 r.ft,'-.,•.-. -, PRELIONARY LOCATION:vA VIRGINIA BEACH BLVD. FSU /��D/�-r� CONCEPT NOT a,E ID/SI/Ta VIRGINIA BEACH, VA VDL.DEMON,INC. FOR DESIGN sGMF: 1 -4O• SKETCH 'N' ;;se11,.Tao ; •km..°';,;.;;;;•1; PROJECT No.:490050 Chick-fil-A, Inc. Agenda Item 1 Page 7 Proposed Site Layout - Closeup fl PEMBROKE OFFICE PARK, LP I x �} PROPERTY } , I 1 4 I 4 4 , 6 `I 1 BK 4720, PG 1004 _7_ 111IZ I m..._----..... --.... .._01.____„, ..,., II I 1 '*Z- 4 144 I r mik I i- ii IIIIIIIIMNIM-6111111 MM.- if I 9'r, f _ _ _ . ram E . ,..gazi ,. r: 1°-11k 1 c 1 I + 7 ig I. ' IQIll PROP. MOTORCYCLE I • , ii I I PARKING SPACE IP 1 Mit oil OM pro . III Sl st Ex. TTIEPH ss I %P P LLC I r N 0,_ � 17•1 � �j � I 111 i; & POWER I OPERTY GROU / illi . i; II 'ROPERTY I W W I a1 80925001126670 /i* ? I ``l\\\\\\;sstzg 0 cin..Er � . �� _= I \\\\\ ,ill SI ff Z5 I• II I , 1 eues• - I . N . caws A I-SII El 1 y 15' 1a' 11' i ® N -- o • 1 ; y I t I s �1 ■ co o � SNI i I I.,� 1 u I I l I �,�� 1■, I / t a' PuwnI uru .00112 • ■' 111111 f 1 I i � y ���� a .6I-441. - 1 1, ......_ , KAUFMAN TRUSTEE I •� 4 1 1 1 il PROPERTY %4 I I �_ _ 0060307000351660 I I....k III SROP. 10' LANDSCAPE BUFTER o \/` _ I.le II ` —30'—/ 1 0—-—- 1 III . .• 4 v DATED BUS SHELTER 50' 1 .—_, r - NIP ,or IJ IJ- a - - `= I a — I I a VIRGMI,BEACH BLVD 1175 b Chick-fil-A, Inc. Agenda Item 1 Page 8 Proposed Elevations �la� m r rid 01 Ob 0 0LL b b i- '-1J 4 Ni- c6 $ I r�i ,., I, 0 v, t. ., , I Oi � _, , I I of ff;' ~J 011 i J1 8 i 1 11 i 1 r i!zst a i r I ! N y� Q 3 Z o o Illit a Si H i La W t x 0 ` 4-_:... , A w o g,,,,..:.:,,,... *MAL ua K fop i < fie.v,.,. W 1. y li !�=. 'SAI= cn• C C N L. z@ 1 NMI MI ;NV ........I.,..-illi H G s o 0 ;,_i:, e©© z Dina ° ME l gall > Q Q!1 =W La ti' it i oI v xcr• a sr e Q Ff a 2:4,, � �� o1 X W 6 _ o ~ w o / , I H I h z m y 0d o > z LL § o } } { Del a. z ... a��eea S m S S I` T IIT aD Q.1O � } N 5 C O.I N 0. (p �b 'Ib 0 ^ 0 O ,1 2N Chick-fil-A, Inc. Agenda Item 1 Page 9 Proposed Elevations 1 hi z.4. 1.4 Nl gli SI ■1 E ; •r , �1 I 115 r "111111Hi 1_ry it j i z EI J1� 111 '11 a ii $ ail d t x g ia, fj Ql rti' p ; a otmb ram �W L FIfca I—F y.0 I a a a OI t4 c 11 ;C.° O' y 0 Z .H d,11, ± E.% 9�ti CO R S C C ytU� 4 O 4` zea U i C Z c g • Z sod F o °> m ; O S Cm Ga N ( } W .p h 4 =4o a v Oho W§ .i.. b '4: a @ n t t Z `L ... : . '; 51-E O ! Q O a.v.n o �ac� Chick-fil-A, Inc. Agenda Item 1 Page 10 Sign Package • • �I • I DI d I _ I T �jT ck�21 l SFc. fi VA .t tO7 1 1 ELEVATIONS 0 403 SW,uSAL/Ll. e---,.....,...-,.,...—_ y 'O(';AS S190 Noah lake O•t(e ELEVATIONS •. • ••� owl WebGA 10160 . � 404 56, ACV ..... m.... L03873 ^".";;;;7,1":":::7,;:17"17,t.'"„ 4.0.” ' wwwcypg� on( (om ... _.. �•• Sy ,. l07Ga n. (NNI++c 1{7} SPECIFICATIONS •IVNInVM(MIYI'✓AS IMRCAf10MUUMUU IPAM! A.UIMINSN TAMS*IN Stti I1.COt GMMKS SAC[ID W I, 1,0111UC DICDRAIIDW0M yr DID TUSH nau AQrMY tlti(RS MC/NAZI QMDW SA01010010 AMD DI pWMICS PPM ASC RAC!MT WHIP,WOW!LOORISC Wt LANK SMC10151100 ON•CINIIRs MASONNN1ORt ANOCOIICRI?I ND prop So0A00 CEEB IOR Y140MRr D W[4101314,HD 11 Ml GdMI A COMIRACIOIL SIGN fWNMrp4 .%W W IS✓1O Ir Ci AVON WAS IN( r• ,w y _ 7 iQ►aOO GMIGARD SDS SIO Y1w IE Aam Y NS,+soul ct WM..%MAU•Ma/Calf[',JOR D S:k LNG NE[i SIA V vLD i+ASY:NG SCi fCI:NOA+NN CI(-PIS Z tOV OFD MSt� •1 EEEVAT ION END VIEW <CA.E 1v1-D D- SCALE-1R•. [Ll!t95 MONUMENT SIGN altgr .v � �•wT LD(:.+i.L tirl _...,.._. . ;�lb'(.N ..' Lois» rc. w. +J A JLS110x ul. N71;:o Chick-fil-A, Inc. Agenda Item 1 Page 11 Sign Package I R081 WIN MT I SPECIFICATIONS MIMSSAJMOU3 LS Car 70RAl175DRICS.$21./Mt 1c31Z1 CALCILAIOIS Ya MT NAT TS 1111 Sill (nxa,II AV•.'Ll I'IR1 MIf RS ARM UO.LUV'NATID I Ila' � 1 (.aNl<I.t•-1 RI NOVN:lO SACK___-._____ ON VM-NMM WtlACI CO WAD NGj-1I' WT.T.RI.S,ULv I.t clvOr l:v 1SAUER- 10CMoe:-�No l..,WA:I, -=ter -�� N]1650111. T -._I U:m•co.$)T U•151UR v l R OMIT ;l11lR --- ' LS IACIS ARI l.,ALRR'C • r•....• ......-..1 RE7URl A _7 If IR unLNs.RI M14/18mm !, �,�, 1655051 01450. 1045011 L _1/ SACS MT 6N a.UVAVM 1,6'iI%. AU RI rvMS MI AMC/MOM ITO a'y-----. H1 RC,1S'. • 13: 77„ LIMA VCX3 y�- , '-1 F :-11< - �'�-.1 55650f1 *T2°,30./F3 ve • p. 6MANRlL LEriFR iKl3 :�— • A .i.t.: - 51'1' lfO AIOQILtS ISIMCARNIAwIR s1 • / rNO A■TIM TRONA/ 7 - > .l : I I 1LI%C00 1ICTOR fl I Cil SO VI 20 OAF - 'I tQGG4EMOM LIDNWLS SU71 . -...-., 06(054(1 ROM OI IRAMI ORUIR SOX ELEVATION SCALE-Vt•r•0. CROSS-SECTION SCALE NY•r-D• VERTICAL MOIA2prtAE SOFT. SECTION I 13 35 S 16 SECTION2 SS 31 11) _ SECTION) ¶2 TS 34 719 SECTIONa 525 16 056 SECTION 5 20 375 141 14.65 SECT10I6 1 875 5925 0 17 ��• -i:.OIl - (n,115. SECTION7 2.5 6.75 01s /(� ._ �- 7'^':=•• SECTIONI 525 26S ICM RI """ —�': u1M ......- r SECTION 525 3.75 014 •a TOTAL 5461 - 0,,rim 4.4,1-..r... LED-ILLI.MNAIID ...4.= ....7::.., •.,M 2.___ ' "i*".**::::.... I:. ..I 1414 ','!.+ .. CHANNEL IFtt6R5.......... 1 4.0+.71 a.•-•• P...•.1..a 40$0731 ----.- '1,...""'"1“=""-.....:•—•:::::•—wrw�... B `}2016...., w/ L. SPECIFICATIONS I ep • 6RxX-- A\510:'I:S:I V._lI. Mr MACER--- L AP Cri:IJ rlMS0,-.:A!'.,1 LITTER 11....,/,',/ M IN TURN ' $■.. ▪ IRNf ARI 66l � , ���""" i Y, Eu•.S An ryl a.uv•.nvSIC OM HLT/ ■ • 414, .V.I,,.1 r. KV 6001561mweltHrADMEAvt f M IID ODUIIS "II Ir go a,.Ff': I SCREWiN- 2 u ILEX CONNIC rJR E . 10 AMP 100018 SWITCH 510606AR SUP.. . OISCONNICI I'45 TM 01 IRA/WORMER SOA ELEVATION SCALE 1?.1'-V' CROSS-SECTION SCALI•1/1-•1•-Y Lr'r 1 596 N9•l,ua O.x IEOal1YY1N1ID '1 i t«AION , , LrmCV..GA NM CIWIIIl.L4SIE$S • IRS15 ; •• Eo3073 CAD NW IS II'y-T Mw�.101 o11�415mm„ ....., .........,....._... oa+o .. .....,..,.. . . f 02016....,.1 ,I .II �.�_� Chick-fil-A, Inc. Agenda Item 1 Page 12 Sign Package SPECIFICATIONS IN" „ASIA AI ..,(14 LtTT(4S ARE UO-itLU W kAil J CIYNNI i U Y 111At 0Uk1t 0 ON ALIl1ANUN SUMAC t Ni BUNG., 6tCC VI,M iRAMSIORYIRS UYO'Ill SA'SMCIR LOCA(ID U'11N0 TNl WAIL IN UI AMNON°TAAYSIORUtR(OttS l!'ItR Wet At(VW AVOW IRMA:Al U N4 Nt Mt ON/MAY NUN ....._..-...-. N • NGLs AL( A,LW WAN 3/0"OA MELD, Al-RI IURM ARE ARCMt101(.10 rO 314. MiT ROD WItN I l T tit YCSS NrlO ADN(SN[ ra - ''\ {MANMI LIVER LACfD LtD NODU:EY' l»SR(OACNE IK IMO SOUARE fIR'I T�.�----• -ti • TNUCAP RLIMN(R 1'R(D JEWEL:f(110MCAP i + a • SCREW.IN �) + 1LER CONNECTOR �RIf1FT'SI ,A0451 LAI MKT,'S • • 711 AYi. AL UM ,A04510 05 MKT,' c[Niu1 SNAll `' ���� IDGGLE SW.TCN LEO POWER SUPP. SAILA[MX TU]OR • OSCONNtCI 0451C4 Of 1RAN5=ORVFR EOR ELEVATION CROSS-SECTION SCALE IM'•I'0' SCALE /R'•1'-r R 1i- "mwnr" '.�,MNMe1.I la tl iov LIDILtUUAD M CNINNSL LEI TIPS c..,....”............. . . .a":45 1*" . � . E ANA.e0coN•Pr.co.I One SPECIFICATIONS 4070.01A AIWAAN EMAIL W IAEA CN1DMUM YUV=MNL EN'.;-- AUSYINUU MatWMTN 14(NCA CU'GAAPMKS 1ACR(O W It ' Mator MO N4 foT10 WON in-OOP NIM,MMI Acnc.(111.I i? L.: . llE'110.001IOCUAUOASOUI EI[E04g1NOAAWUt GAAA•(S ? Y (ACLS At(1ACEUT n 11UO AKI Ni LAN., • SANSANlt.r NA.PM POO IN'WKLY( r P �_1II 'tF�MS� %LELt PlATI ligrai rEp R(OAgntC I Ityl 5 4? I I I I PLATE DETAIL NINA~WM~ IOr Or SiV e .. la:iiiii4,__isr... ..raiiii eXUtNtC(fW11CN AM,AI .NN1.rL' 1.`. s L---- . --' P011011 0==0191.4 ELEYATIDN END VIEW :CALL A•.r.r SCA[i l••1•.C- (4111IN Wallow .. . ..—.—L...i .mmi.., it(10 EW CWCIgk4.1S C 110YCUNSWNSN.UPOSSMII •••• .. .. - IC Mat WIICUI DONT 1r MY • //,..1';V VAVrn....DK OMECTIOKAL SIGN �VI R P. C./W(7714 _ ••......r....l 1 , 404 IV 5000 Chick-fil-A, Inc. Agenda Item 1 Page 13 Sign Package • $PECIFKCATION1 (Wer•ter VITAL OS•AODU (WA ro OW CYAt0.[x MxlwNG fAtO• OAS[CROW! • 6'11 lir — 6'0' SLEW= I 6•[6• SVO[I.Ol16STAMO MO CONCg AIN YOOrING YIN/0•0w011E0.K ...I V,M,,.. S•A•UNNW USGPAAN1 ON CANOPYt0• 1/IN ,y. 1140111.1106621 PNOVNG AW ASW..(ONSUIXt101•(NAM 110'101.1110'101.1 M f�NOW� MU YAEYVacs.11m NA*IOW,.OHS NOS ,0 F,'.'MENUGIANIK E10.49405S 6'10 W10.49405ANAiY NWrvA• pS Ix11 . MlO K ITd 6)SOW0.[t[[l� 1Iv tIOS • 2 d1M• }6VL' « CONCAUIFOOT, gra• S' tV 0 SAt'PMC[STIR 0.AI( I %nY MI NJ 6(MRO .4 i I 1 :. _ I". •1 - ,i is we 160L1 ANC•tOO OW ,'� SNARE SOVA4! . •Ili QC, Y•P•.12S,- ... SI UL PoLt BOLT DETAIL SCALE VT•I0' It 00' 0 wro•<wE b Ai cd ••• ro Z " f OUTER ISLAND PLAN VIEW END VIEW ELEVATION SCALE VT•I.0' 1:-.AL I SIP•S'0. !GAEL VY•t'P �i tt-.T1 Ir♦ tN BANES/CMIN •..•.•.•r*4n.Ime t•31 'wyt•..►w..s CA,• ` au attr BOARDS w �LO3ls7B �•y� '••""" "•"'p14 *lit'•; vtiw rt - • •• ' • X201{41 i...ili MO Chick-fil-A, Inc. Agenda Item 1 Page 14 Town Center Typical Streetscapes z..1I 1,- ;: •i, ,,_wy„„)„,_ ,., 0: 6N•seld CTi‘itlY-142 virlipor,'RNA' v NOVA .; t , :] i 1' •zi 1 il , t eG_N3D NMOI. 3W. .. f ' •>-., .N., 71-4.-ri 6 3- 4 I I! P1 . 3,441 •cur:igticc ----', ---- - v 4 _ i ,` -:'•..;•-t- --- ic Ai A. _ ,,.... '2_. r.„.....\„_............_• ‘ .. _ r \ /s:VW,;--;:" •„,, i 4 , - ..f.-----1 b 1:1 • e'-'"'s ti1 g ----„ , 4% k 1 1 III ' '"- 14 N 1S// III .. _.,' , a IN ; .' 1 I ..,.. - a. - 1,, '..I 1 ...it, , 4 ..0-1 — es tl \ . , ,.... I 41 1 (;)- 1 '‘ !. g I I A I/ '"., ICI i 11 ill 5 ,-- b ,31 , 11 1 b. • — _:, , 2 ih___ I I • A t 1 At < , 0 • ,,Iik \ ,• , fll I . , I 11•18 kir i, 1 i 1 11. v/1_ " /I fL.1l i-. i ( a .. - c ;t1 g ci " 1 i 111 1 I i 0 ,..0 , ED III ,,P if It ,. ail 4 , • „..„ • - II, ,. I PI:i ' ; Pli ill 11 I Int ,. , r-\• IN 1 6 —I II 1 -". \ / . , . - . 1 - ,r-- A- j § ,6, - , '`,:If, ---- ...•4, • , j-, 0 OAP••• 111*._.t r i ---1-4.- e.] I \ ii 4- qt tat, di I c, ,. :Ng - ---,AI •A-.1 1 .,i ..1 id , --i I i 3,01631132410 WAG_ ' illig itili 11,441.j,,= . ,____1 . ..---;.---- ,,,•F`P)\; , ..../....,....i 4g l, — — igi 1 ,I ,t • Chick-fit-A, Inc. Agenda Item 1 Page 15 Site Photos 'F. A. .,.- 11 I I I I I ,1 . It I I I , • `i I I I I II , ..441%C"'"w- -41..1.11011j.-- . 41PP ' View from Southeast corner,Virginia Beach Boulevard and 151 Street ' 164 �w M rJ Ylri i-r-•+ I+l View from Northeast corner, In Street T .- 1 1 11 t ' f1' a _ �• .• *. .., .I , • M.i .ate_ . r� ,'. 'r. View from West,Kellam Road Chick-fil-A, Inc. Agenda Item 1 Page 16 Disclosure Statement , vbginie Beath APPLICANT'S NAMEChick-m-A.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 I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for 4E01P) _ Board of Zoning Encroachment Request Rezoning Appeal. _ -- Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement .__ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Condhlonal Use Permit License Agreement Wetlands Board e _ e 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 NSE ONLY/All aneosnres,nus,be updated two IRl weeks prior,o any Page I of 7 Pla nloq Commbsmn and Council meelnq ilia:pote:ns ta the a ppnceaontsl. Er'J PP o o OF HEARING DATE' liLt,• �I(n� El c SOP11 //b :QM) Robert Davis n REVISIONS SEo nAT, Chick-fil-A, Inc. Agenda Item 1 Page 17 Disclosure Statement Virginia Beach Check here if the APPLICANT IC 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 Applicants name:Chick-NA, Inc. Ian 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) Please see the attached list of Chick-til-A, Inc. officers, directors, members, trustees, etc. (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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nrovenv owner is different from Anollcan(. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNFR/£a corporation, partnership, firm. business. or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:POP Steakhouse LLC If an LLC, list the member's names:Pembroke Office Park LLC(Sole Member), J.Christopher Perry, Manager Page 2 of 7 Chick-til-A, Inc. Agenda Item 1 Page 18 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Suburban Capital, Inc. Pembroke Office Park, L. P. Pembroke Subsididiary GP, LLC 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 Goverment Conflict of Interests Act,Va. Code§2.2-31 01. "Affiliated business entity relationship" means 'a relationship. other than parent-subsidiary relationship. that exists when in 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[no 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, resourtes or personnel onregular basis: or there is otherwise a close working relationship between the entities." See Statand Local Government Conflkt of Interests Act. Va.Code§ 2.2-3101. • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of Chick-til-A, Inc. Agenda Item 1 Page 19 Disclosure Statement APPLICANT Virginia YES NO1 SERVICE PROVIDER(use additional sheets If needed) • I01 Accounting and/or preparer of N/A IN your tax return • ❑ Architect/Landscape Architect/ CCR/Manley Land Design,Inc. Land Planner Contract Purchaser(if other than N/A 111 the AooliranV- identify purchaser and purchaser's service providers Any other pending or proposed NIA • ® purchaser of the subject property (identify purchaser(s)and purchaser's servke providers) n ® Construction Contractors To be determined ® ❑ Engineers/Surveyors/Agents GBC Design,Inc. Financing(include current N/A ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Dan Ludlam Real Estate Brokers / N/A El ® Agents/Realtors for current and anticipated future sales of the subject property e 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? N/A Page 4 of Chick-hi-A, Inc. Agenda Item 1 Page 20 Disclosure Statement w yliginletraeb 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 mating, or meeting of any public body or committee in connection with this Application. ST:At .dew DA 14 APnIUNT'S SIGNATURE HUNT E DAT Page S of Chick-fil-A, Inc. Agenda Item 1 Page 21 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use Mammal sheers it needed) ❑ fl Accounting and/or preparer of W your tax return n ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser Of other than the Aoolkantl-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) ❑l� Construction Contractors I I ® 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 Mike Wall Real Estate Brokers / ▪ ® Agents/Realtors for current and anticipated future sales of the subject property • a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ▪ ® an interest in the subject land or any proposed development 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 Chick-fil-A, Inc. Agenda Item 1 Page 22 Disclosure Statement ,' B v CERTI CATI _ certify that all of the information contained in this Disclosure Statement Form is i complete,true,and accurate. 'I understand that, upon receipt of notification that the application has been .scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA 1 meeting, or meeting of any public body or committee In connection with this IAyplica{iart� l\T� _ __ U.4 -s1.,pa.a. peu c✓zb/16 PROPERTY O 5 LNaNE PRIM NAME DATE Page 7 of 7 Chick-fil-A,Inc. Agenda Item 1 Page 23 Disclosure Statement Officers of Chick fil A Roy Jones John W Stephenson Robert(Bob)J. Maclay T Steven(Steve)Barker Philip A Barrett Lindsey D Barron Rage: E Blythe.Jr Mark L. Brackett Janet eBntlges Mary(Kathy)Buckley Patricia(Pattie)A-Cantrell Chick-fil-A, Inc. Agenda Item 1 Page 24 Disclosure Statement LaRise M Castro Saleitha L Champion John M Cook Alex B. Doversp:ke Robert (Rob)P Dugas Michael Etbrick Jason B. Fischer Shirley I Gaither Shannon J Gardner Anthony(Tony) E Gayda I Patrick Gresham Thomas P. Guerarb C. Steve Hester Glenn It Hewitt Kimberly Jiske Johnson Daniel L Kelley Donna 'N Kirbow Chick-fit-A, Inc. Agenda Item 1 Page 25 Disclosure Statement Kimberly M McMrlIran Beth Medford Sandra(Sandi)T Moody Susan Y Morns T.Angelica Napier (Angle) Gnome Okurna John (Jay)O.Overstreet Edward(Ed)M Rrneerle Meyer S Skalak Dame(Dan)J Strain Christopher(Drina)1A Taylor Dee Ann Turner Paul D Wiley Tlmolhy(Tim)Yancey J Vance Burgess Chick-fil-A, Inc. Agenda Item 1 Page 26 Disclosure Statement Virginia(Glnny) L Cranford Kelly D Ludwick S Tammy Pearson Amy G Rooks Lynette F Smith Jeri N Sute Stephanie A Thompson Shane A Benson Rodney Bulla,r1 Bedford (Dwain)Cox David B Farmer William( Doody)F Faulk John E Featherston Jr Michael S. Garrison Came J Kurlander Courtney D. LaVallee Chick-fit-A, Inc. Agenda Item 1 Page 27 Disclosure Statement Robert L Mcl aughlin Mark G. Moraitakis Torn A Morder,Jr Amanda Norris Margaret Olson-Cox Mary Clancy Peak David G Salyers Joseph(Joe) R. Saracino Roger H Shealy Paul W.Trott' Barron (Barry) K Vaughn Leonard J.(LJ)Yankosky m.. i asowu Peter(Pete) Harlan Abernathy Kristen F Clever Donald B Crocker Chick-fil-A, Inc. Agenda Item 1 Page 28 Disclosure Statement Steven (Steve)I DeVane Tyrone L Dillard Alejandro(Alex) Dominguez Susannah Of Frost Michael Gomez Bruce(Blake) L. Goodman Brian T Grady Cohn M Gromley Don L. Ikeler. III Steven (Steve)E. Lewis Gregorgy(Gregg) E Lolhs John H. MCCleskey, Jr David M. Millman Thomas(Tom)A. Nolan Robert(Rob) T Payne M Anderson(Andy) Piper F rwin C Reid ,• .... . . .", Chick-fit-A, Inc. Agenda Item 1 Page 29 Disclosure Statement J. Daniel Snead L Scott Thigpen Gregory (Greg) 0 Thompson Reade l dwell Sean R Warren William(Tim)T Boggs Ken A Bilotti Cynthia T Cornog George de la Tome Cheryl B Dick Maureen C Donahue William(BIII) J Dunphy, Jr Kevin R Fannin William(Will) M Flora Jennifer Gordon Michael(M.ke)A. Hazelton Chick-fil-A, Inc. Agenda Item 1 Page 30 Disclosure Statement J. Lance Lamer William (Andy)A Lorenzen Jodee W Morgan Joni H Per-Lee Delores(Dee) J. Reid GIB, _.. Howard M. (Mac) Baker, Jr Bruce B Cameron Mark A Conklin Anita E Costello Stephen (Steve)A Dull Jay W. File Todd A Grubbs Jeannie R. Haralson Jerry M (Mike)Hensley Jerry M (Mike) Hensley Chick-fil-A, Inc. Agenda Item 1 Page 31 Disclosure Statement Heyward H Hoover T.Wayne Hoover Jay C. Kimsey Donald E (Skip) MacHarg. III Kevin P Malone Richard(Rich)C. Matherne Scott K. Mayson Frick W McReynolds T Mark Miller Amy M. Ohde Philip(Phil)Orazi, Ill Amy H Rich James(Jim) M Ruane Michael(Mike)5 Schisler Oscar Shepherd Brran C Skinner Scott M. Stover Chick-fil-A, Inc. Agenda Item 1 Page 32 Item#1 Chick-Fil-A, Inc. Alternative Compliance 4752 Virginia Beach Boulevard District 4 Bayside November 9,2016 CONSENT An application of Chick-Fil-A for an Alternative Compliance to Section 2203, 2204, &2210,CBC Central Business Core District on property located at 4752 Virginia Beach Boulevard, District 4, Bayside. GPIN: 1477-35-0468-0000. CONDITIONS 1. Except as modified by any other condition below, site development shall substantially conform to the site exhibit titled, "VIRGINIA BEACH BLVD. FSU,VIRGINIA BEACH, VA,SKETCH 'M'," dated 10/31/16 and prepared by GBC Design, Inc.,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Landscaping and screening on-site shall meet current site plan requirements, as determined by the Development Services Center's Landscape Architect during detailed site plan review. Landscaping shall be installed in the median separating the drive-thru from the drive aisle to screen the order kiosks. 3. The building shall substantially conform to the elevations titled, "EXTERIOR ELEVATIONS, RELO VIRGINIA BEACH BLVD,VIRGINIA BEACH,VA 508H-N-SQ-SM-R," dated 05/10/2016, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. The dumpster area shall be enclosed by a brick wall matching the building and solid enclosure doors. 5. All signage shall substantially conform to the signage plan titled "Chick-fil-A at Virginia Beach, VA (RELO)," revision date October 31, 2016 and prepared by Clayton Signs,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 6. Streetscape improvements within the right-of-way on Virginia Beach Boulevard and 1st Street shall substantially comply with applicable "Town Center"style typical specifications titled "The Town Center" revised 06/28/02 and prepared by CMS Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. Pedestrian easements or a dedication shall be provided where the sidewalk extends onto private property. 7. Internal pedestrian crosswalks shall be constructed of either a combination of brick pavers and concrete or gray stamped concrete with a herring bone pattern as specified in the "Town Center" style typical specifications referenced in condition#6. Item#1 Chick-Fil-A, Inc. Page 2 8. The applicant or property owner shall be responsible for all costs associated with relocating the bus shelter and any other improvements required as a result of relocating the bus shelter. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 1 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. '.-. .._V)(4 • . - . r N ,..› 'c,.\ , ,....5'-l''* 3 -, _ 44. _____ _ 00,- -- - - . -- ‘ - , ',_ ) 0 ,---, , . 4 0 .,., D&_--fi ,J -11-? ,_, 7 `^—.1-' ,...--‘.1) '', i2I(i\r> 1 ' ilb 01 4'' i 4, 'C: . i 4 ti:*.1:::31 I 6 ro ., it ,.. , i , , 0 . ... V Ilac::::* 10° ,\'', 'liPe, c ✓ ■ r Li 11, � M',_ iair Q .... 4 L— 11 d \i' — __psi,-e .................._._....._,.......----. „-finlitliit-----0--%11/4------ -- . -.,. . 4, a I \\ Ilk ', li „ - CI \\ --_ (--').. 9 ______.---\.: re 4 fk s...„ r;,-,. 1 Jo m \ 4_\49 Nis . ... 7:.....1fro.., 061 c:) q o\, r • . . frz t {, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TWO FARMS, INC. [Applicant] WOODS CREEK CORNER, INC. [Property Owner] Conditional Use Permit (Automobile Service Station & Car Wash) 2150 Centerville Turnpike (GPIN 1454989315). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: December 13, 2016 • Background: The applicant requests a Conditional Use Permit to for an Automobile Service Station and a Car Wash. The request includes a 5,166 square-foot convenience store with a fueling station with eight pumps, and a 57-foot long, one-story automated car wash building. The building elevations depict an attractive convenience store constructed with high-quality exterior building materials such as stone and brick veneer and a metal standing seam roof. The car wash is proposed along the northern property line. This building is designed to be transparent with a red brick veneer base and brick columns to match the convenience store. The 54 parking spaces depicted on the plan are sufficient to satisfy the off-street parking requirement for this use. ■ Considerations: This request for a Conditional Use Permit for an Automobile Service Station and a Car Wash is consistent with the recommendations of the Comprehensive Plan for the Suburban Area by contributing to a careful mix of land uses that contributes to the day-to-day life of the citizens of Virginia Beach. The proposal, in Staffs opinion, is compatible with the surrounding multi-family residential and business developments. The applicant has worked with Staff to ensure compatibility with the surrounding properties and to create a high-quality proposal with the use of superior building materials and architectural features for the convenience store, the fuel canopy and the car wash. The Planning Commission did modify Condition 8 related to the hours of operation of the car wash, and added Conditions 13 and 14 that will require fencing along the northern property line and screening of the vacuum station from view of the right-of-way. These changes to the Staff report are depicted in the conditions below. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There was one speaker in opposition of this request. The concerns raised included the potential for increased traffic and crime as a result of the proposal. Two Farms, Inc. Page 2 of 4 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0, with a modification to Condition 8 and additional Conditions 13 and 14. 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF ROYAL FARMS LYNNHAVEN PARKWAY AND CENTERVILLE TURNPIKE VIRGINIA BEACH, VA," prepared by MSA, P.C., dated September 9, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS LYNNHAVEN PARKWAY & CENTERVILLE TURNPIKE VIRGINIA BEACH, VA STORE #175, SHEET A2.0 and SHEET A2.1" prepared by Ratcliffe Architects which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The fuel canopy and the dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS LYNNHAVEN PARKWAY & CENTERVILLE TURNPIKE VIRGINIA BEACH, VA STORE #175, SHEET A8.0," prepared by Ratcliffe Architects which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The car wash shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS #134 — CAR WASH ONLEY, VIRGINIA, SHEET R1.0," prepared by Ratcliffe Architects and dated August 10, 2011 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 5. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 6. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF ROYAL FARMS LYNNHAVEN PARKWAY AND CENTERVILLE TURNPIKE VIRGINIA BEACH, VA," prepared by MSA, P.C., dated September 9, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Two Farms, Inc. Page 3 of 4 7. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 8. The operation of the car wash shall be limited to the hours between 30:00 a . to 7:00 p.m. 7:00 a.m. to 7:00 p.m. 9. Trash and recycling pick-up shall be limited to the hours between 10:00 a.m. to 7:00 p.m. 10.Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, 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. 11.The ingress/egress point depicted on the site layout along Centerville Turnpike shall be constructed in accordance with the Department of Public Works - Traffic Engineering Divisions standards and specifications. Said ingress/egress point shall be approved by the Department of Public Works —Traffic Engineering Division prior to final site plan approval. 12.As per Section 245(e)(2) of the Zoning Ordinance, vending machines shall not be visible from a public street. If vending machines are present, building facades should include an area screened from public streets but visible to security personnel. 13.A solid fence, no less than six feet in height, shall be installed along the northern property line adiacent to the proposed car wash facility. 14.Any vacuum cleaner facilities shall be screened from the right-of-way by plant material approved by the Development Services Center Landscape Architect. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Two Farms, Inc. Page 4 of 4 Submitting DepartmentAgency: Planning Department J City Manager: NBApplicant Two Farms, Inc. Agenda Item Property Owner Woods Creek Corner, LLC Public Hearing November 9, 2016 D1 City Council Election District Centerville Virginia Beach Request 's, Conditional Use Permit (Automobile Service ��`'`4e o�`%,,47 `�` ��` Station & Car Wash) // J �'h. 1 � y,,ek �pbaOa6 n04" C.d. i S ,0 a\.s P'"aunt �� M. Staff Planner �� n�.wo, llaone iKIe et c qt° Jimmy McNamara c� ' �o„x�L.1 Heald Way 4 / Nve \ ( 11, I Location `- s;���' , 4 6 11 2150 Centerville Turnpike \� c�' v � _� �' e 1 GPIN3 1454989315 a� 0'`°'' A oImirk, uv�^M'c� Site Size ,o • 1.94 acres -.$4, 9 AICUZ . b f Less than 65 dB DNL City of Chesapeake Existing Land Use and Zoning District Undeveloped/ B-2 Community Business Surrounding Land Uses and Zoning Districts - , e1,. , n North — �'ek _. Multi-family dwellings/ PD-H2 Planned - — '11. 1!*. % Development ,+ A� south q4, ��, Lynnhaven Parkway - ,- 3 Single-family dwellings/R-7.5 Residential •'._._ �'� f1 TI. t� ;%%L•' `` East 0 a t., Ftt i Multi-family dwellings/PD-H2 Planned • ���,,��,,P i``,"`,} Development '`= �1 I. by"` • West '' A - Centerville Turnpike �-; S Lot'` w Mixed retail, multi-family dwellings/B-4 Mixed k- 1 ^'?' ‘, Use :\ v1 � _ .. Two Farms, Inc. Agenda Item D1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit to develop the subject site with a convenience store,fueling station with eight pumps, and an automated car wash. • The site layout depicts an ingress/egress point along Lynnhaven Parkway and a right-in only along Centerville Turnpike. An interior cross-access easement is also provided to the north between this site and the adjacent multi-family development site. The easement will provide a safe left-turn onto Centerville Turnpike and will also give residents of the development easy vehicular access to the convenience store,the fuel pumps and the car wash. • A 5,166 square-foot convenience store, approximately 38 feet in height, is proposed in the middle of the site. Entrances are located on both the northern and southern sides of the building. An outdoor seating area is proposed along the western and southern sides of the building. • The building elevations depict an attractive structure constructed with high-quality exterior building materials. The structure is designed with a stone veneer water table feature, and red brick veneer that transitions to beige brick veneer and a metal standing seam roof. Other architectural elements include the use of metal standing seam awnings, decorative canvas awnings, and an ornamental parapet. • The proposed fuel canopy will be 20 feet in height. The elevations depict brick veneer columns to match the convenience store and decorative trusses and beams with a copper red roof. Eight pump stations are proposed. • A 57-foot long, one-story automated car wash building is proposed along the northern property line. The building is designed to be transparent with a red brick veneer base and brick columns to match the convenience store. • The dumpster is proposed to be located in the northeast corner of the site and will be enclosed with an eight- foot enclosure to match the convenience store and car wash. • An eight-foot monument style freestanding sign with a brick base is proposed on the southwest corner of the site. • Street frontage landscaping as well as the required 15-foot buffer with Category IV plant material is depicted on the site layout. The required foundation landscaping is not depicted, however after discussions with the applicant, additional landscaping has been proposed along the perimeter of the site and within islands proposed at the corners of the building to satisfy this requirement. • The 54 parking spaces proposed for the site are sufficient to satisfy the off-street parking requirement for this use. Sidewalk connections are provided from both Lynnhaven Parkway and Centerville Turnpike. Two Farms, Inc. Agenda Item D1 Page 2 s'illi ft Iget: 12a911 \ lk ; 1 Zoning History .(iik P�-• # Request -,, 7 ..10111r.11.111 MOD Approved 06/21/2016 %o / `1`rQ1,,",� CRZ(B-2 and A-12 to Conditional PD H2 (A-24)) r 111 , ,..E 4 CI `� '�r��11- Approved 10/24/20137 3 � , lg.*, SVR Approved 10/24/2016 CUP(Driving Range and Mini-Golf)Approved 01/25/1994 { l '�/ el �,. ®® REZ(R-6 to B-2)Approved 11/10/1975 4� `� � 2 CUP(Communication Tower)05/10/2005 ��11/1 � 3 MOD Approved 02/12/2008 ° CRZ(B-2 to Conditional B-4)Approved 12/12/2006 -. . Er 1111111011.10 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 recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's 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. (p 1.61) Natural and Cultural Resources Impacts The subject site is located in the Southern Rivers watershed. There do not appear to be any significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 13,600 ADT 1(LOS 4"C") Centerville Turnpike 9,526 ADT 1 16,200 ADT'(LOS""E") Existing Land Use z—1,067 ADT Lynnhaven Parkway No Data Available 14,800 ADT'(LOS 4"C") Proposed Land Use 3-1,223 ADT 27,400 ADT 1(LOS '"E") 'Average Daily Trips 2 as defined by 1.94 acres of 3 as defined by a service station with a 4 LOS=Level of Service B-2 zoned property convenience store,car wash and eight fueling stations Two Farms, Inc. Agenda Item D1 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Parkway in the vicinity of this site is a four-lane divided minor arterial roadway. Lynnhaven Parkway has a variable width right-of-way, and the MTP shows a divided roadway with an ultimate right-of-way width of 110 feet. CIP project Lynnhaven Phase XI is scheduled for this segment of Lynnhaven Parkway and will connect Centerville Turnpike and Indian River Road. Centerville Turnpike in the vicinity of this site is a two-lane minor suburban arterial roadway. Centerville Turnpike has a variable width right-of-way, and the MTP shows a divided roadway with an ultimate right-of-way width of 150 feet. CIP project Centerville Turnpike Phase II is scheduled for this segment of Centerville Turnpike and will provide a six-lane divided highway with bike facilities from Kempsville Road to the Chesapeake City line. Public Utility Impacts Water This site must connect to City water. There is an existing 16-inch City water line along Centerville Turnpike and Lynnhaven Parkway. A public waterline extension has been approved with the adjacent development, which is expected to extend a public water main to the eastern property line of the subject parcel. Sewer This site does not currently connect to City sanitary sewer. There is an existing 16-inch force main along Lynnhaven Parkway and a 20-inch force main along Centerville Turnpike. A public sewer extension has been approved with the adjacent development, which is expected to extend gravity sewer to the eastern property line of the subject parcel. Evaluation and Recommendation This request for a Conditional Use Permit for an Automobile Service Station and a Car Wash is consistent with the recommendations of the Comprehensive Plan for the Suburban Area by contributing to a careful mix of land uses that contributes to the day-to-day life of the citizens of Virginia Beach. The proposal, in Staff's opinion, is compatible with the surrounding multi-family residential and business developments. The applicant has worked with Staff to ensure compatibility with the surrounding properties and to create a high-quality proposal with the use of superior building materials and architectural features for the convenience store,the fuel canopy and the car wash. Traffic Engineering Staff has requested that the Centerville Turnpike connection be limited to a right-in only to promote safe maneuverability onto a minor arterial roadway. Staff has requested that the applicant provide a physical barrier to ensure safe traffic movement. The proposed cross-access drive aisle to the north provides the a safe option for vehicles to make a left turn onto Centerville Turnpike,while providing residents of the adjacent multi-family development direct access to this site for convenience items,fuel, and the car wash. Details will be addressed during the final site plan review. Staff has recommended a condition that this ingress point be right-in only and that a physical barrier be installed as approved by Traffic Engineering. The proposed site layout is deficient in the required foundation landscaping. The applicant has stated that it is their experience that foundation landscaping adjacent to outdoor seating areas is difficult to maintain as it is littered with trash and does not have sufficient sunlight to grow. Consequently, they have proposed adding four planting islands near the corners of the building as well as additional perimeter landscaping to provide the required screening. A deviation to this requirement is requested and Staff believes it can be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown Two Farms, Inc. Agenda Item D1 Page 4 upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds this request to be adequate and does not anticipate any negative impact to the adjacent properties. With the location of the subject site adjacent to multi-family dwellings, Staff has recommended conditions that limit the hours of operation of the proposed car wash and the hours that trash will be picked up from the dumpster to help ensure compatibility with the surrounding residential uses. The applicant has been informed that the amount of signage depicted on the submitted exhibits exceeds the maximum requirement for the site. As such, a Board of Zoning Appeals variance would be necessary for the proposed sign package. Likewise the applicant has been informed that the ice machine depicted in the building elevation is not permitted under Section 245 (e) of the Zoning Ordinance, unless it is not visible from a public street within a screened area that is visible to security personnel. In sum,the applicant has worked with Staff to develop a proposal that is attractive and that will serve the residents of this part of Virginia Beach. Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled, "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF ROYAL FARMS LYNNHAVEN PARKWAY AND CENTERVILLE TURNPIKE VIRGINIA BEACH, VA," prepared by MSA, P.C., dated September 9, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS LYNNHAVEN PARKWAY& CENTERVILLE TURNPIKE VIRGINIA BEACH, VA STORE#175, SHEET A2.0 and SHEET A2.1" prepared by Ratcliffe Architects which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The fuel canopy and the dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS LYNNHAVEN PARKWAY& CENTERVILLE TURNPIKE VIRGINIA BEACH,VA STORE#175, SHEET A8.0," prepared by Ratcliffe Architects which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The car wash shall substantially adhere in appearance,size and materials to the elevations entitled, "ROYAL FARMS#134—CAR WASH ONLEY, VIRGINIA, SHEET R1.0," prepared by Ratcliffe Architects and dated August 10, 2011 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 5. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 6. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF ROYAL FARMS LYNNHAVEN PARKWAY AND CENTERVILLE TURNPIKE VIRGINIA BEACH, VA," prepared by MSA, P.C., dated September 9, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. Two Farms, Inc. Agenda Item D1 Page 5 8. The operation of the car wash shall be limited to the hours between 10:00 a.m.to 7:00 p.m. 7:00 a.m.to 7:00 i .m. 9. Trash and recycling pick-up shall be limited to the hours between 10:00 a.m. to 7:00 p.m. 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, 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. 11. The ingress/egress point depicted on the site layout along Centerville Turnpike shall be constructed in accordance with the Department of Public Works-Traffic Engineering Divisions standards and specifications. Said ingress/egress point shall be approved by the Department of Public Works—Traffic Engineering Division prior to final site plan approval. 12. As per Section 245(e)(2) of the Zoning Ordinance,vending machines shall not be visible from a public street. If vending machines are present, building facades should include an area screened from public streets but visible to security personnel. 13. A solid fence, no less than six feet in height,shall be installed along the northern property line adjacent to the proposed car wash facility. 14. Any vacuum cleaner facilities shall be screened from the right-of-way by plant material approved by the Development Services Center Landscape Architect. 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 Deportment 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. Two Farms, Inc. Agenda Item D1 Page 6 Proposed Site Layout I/ H. \ • , TI_, I I \ 1 I . -I � hl A i x ',vWramn•C IV-S1. --. t I 1 Ir,- I, ow — 1 I f I 1 I (f % ,)4 " Via;` <a''- T�► '? II ' I I i, 51+,m I"' i2 gift 1 ;E5:,"- . 'LU ` 1Ir ru m s ► ` .. ?„ I ; U nARata �� 'OMDA 1 a Air ,; r GAM Orr (PA laic.?,A,� r AMA-z•.9t AC I • ISS'F r.,.20K.01issss0 I04D 62 ,' r- i,„ r .- r ill', 1.1 1 re.-70.. ROM I'MIS 1 , �' RQ TMc rca•,•(WOI— "rr actors ro.vaers IF, if 6.114 U. irl �, ,tu 4, PM :":.I°:_.IE=R ..i‘..i.... -, -7-' 41%,,,44E I '- I c �'� ur /rA;r.rlrl , f ".«.__ I I i+44 a /' I 1 I • FM^• a...ro / ur .1:- li MUMS It/MOFSa, 't'9[0,—ACC FROYAL FMNS � � yA40.t..� ik , _ • • I 1s.13.':11. _0...l,,,-E I .{ H sr. 1 ;A I ' .. "'e7 ;W.Rzaavxmum, ___\_ ,. ,, ..mr,-._---.4ija:_.,;;;•..:7••....r. ;:::,4-`..•—.' .e.,..,-- =---— lam — ✓ �° a�f L .lam:_ :E ;` t:: 't lP7�'�ttS L)AMUN.IW71 PARXllt1Y ' I.__`- (A4ABEMDR//?4 2._____.2_______/ b Two Farms, Inc. Agenda Item D1 Page 7 Proposed Elevations CI cNi ,If Jill 1 lele V 11 1 NNW IVAIDtil ,, .1,' N < , ,...1 , ... $i 1 III I hi: i Iv P-4 r 1 Eljint, s.: 1 11=1_ AI ill 11111 i w. — – 1 csi t h. 6 13 , • , ii z I'' cT,,:••, i1 L It 0 • ...... Vi I 1 1 1 • i ig i L It g al ;!; ' •' I i il L it ps lit 1 iii : • . 1113 I iiiii _.laH,T. 1 1 1 -- Nit < i///N . lit i:i 11 , • I . .t IT' '11* 3 ! i 1 .•1 1. .. r' i e 4'/441 ' • •0--•••• — ''' • I ,; s• — r Aar . ,...... ___a III , 11 - L iR! 1 1 P ilif 4i! i 12 iflgd ..._ ,.. ... Two Farms, Inc. Agenda Item D1 Page 8 Proposed Elevations . .3 if:; CNi -- 8 i ,, ,, \d SVIIII1d1V/l0t1 i lg... - I hit! . i ilit i Pi 119 ! Y8 ` w 1 4 8.... d 7 1 1 • , , ____., r I ' ,. • 0 ,i ' • ti IP - 1 1E 1 Atli° Id ii CNI it• j_ g'. I • • ...I I it,:. i I ir i, F 11 1 1. 1 1 I. l' c4 ii 1 f; . , 1 , . Ii – 1 ,is • 1 , , ,•, V i I q 11" I 1 II 14 • 3 a : , %i vi, . —Inc . . • - t l _ I:1 1 1•± Two Farms, Inc. Agenda Item D1 Page 9 Proposed Car Wash Elevations VINI9 L%‘AT1NO ;Artinri-IT:- IIS\'111 '")-tcI#SICB\'-I"IVl021a�7W/0b ! t AG ,— ii Il"I l.L\N �� Inmaw....--. c7 i \ 4 0. Ci., V1 • P.f/�I �• - 11.4/Cal - a , r 'yt:�i/� Tnj.... r%; (, r�i i .k •,1. A ac ss*, 4‘:,,:p' ti 'aC_• 4 • tel. �_t' , . ' it \>• ,...1%, -,.. , 0.0 Two Farms, Inc. Agenda Item D1 Page 10 Proposed Dumpster & Canopy Elevations 1 SL 14 31JOIS VA'HDY313 VINIOLIIA ... 3)41dNelr11.311V331N30 h CD 9 AVMNINd N3AVHNNA1 " a i 'I'11.0":L"VI Nil SINtlirdllfA0t1 2'' .ii!* lhi dscC 1 H 18 il 1 I it 1 hi I ii IMa z • _, -, 11: J , _ . , , i i ii li i , - g • a d gt' 11 7 11 0 II 1/k 11-1 •: T E : ,,, • \ '., 1 4--- i 1 1 a r.:. i, 7 r+- d 1 -4- ;1 ..- - 1 _ a - O 1 1 n - h V' h , ' i.,. .! 1-:• ,--i . .— • !,? = • ,o, Lt' — cv L. il t it p "8 ;1 t d \ ' g Two Farms, Inc. Agenda Item D1 Page 11 Proposed Freestanding Sign Exhibit RFS 175 Proposed 8'Monument Sign 48 sq ft Id 96" 73" 48. ROYAL Regular 2.294 FARMSaesel 2.49 56 8' Scale 1/4"-1' 9/6/16 Two Farms, Inc. Agenda Item D1 Page 12 Site Photos .--- .,- • --N •.'. ,,...T.L..,.- ;'„1.,.",;*-4,74`,.,7- --__ - .-- - ---- ,4*,... %.„„,.. .• ' ---. ..,,i pit.P.7..-- -. -- :..•^ • - .;4_ ,,,,,•,... 'all,.•..' -.."-:k;:j. - , 11:•:'N'''''..,..,,e,-;r.:::,- - -mow:, ,:: 49, - Art,,,,-;,--, -• - %. _'_S ._ „..y.4 ','•_ ZO''' ; '.7,'' ,., ' .• • -.1. -t-Aii; • ' I i , „44 Y- , „• - - , re _ . , . .....,,,,, imis......„.„....., .........,.,..;„ ..; „ mit. .....„..„..:,. . ,..,_. . . ,._ ,.„ _. . T — Ivor - - ..- . - a. .•'40111r7 -...t. v , a 00: Air , Tr .:......,„...... ., _14 1 .' 16 : -' L< ' ''i ' ' ...:.-• -{- .714 ( ',D ": ' lit.1''''-- ._ • a& i.:i-2•.k. ' ' - 04 r^"111 I ! • •11101011.R.'"''''''" " ...-,--AK..-,:t5,r'''-2-_- - ' ..:zr,„,r, . . ' ....."-:s` -..,'.-'‘.- ..... . ,.. -S. ....- _ -- ... . - -- Two Farms, Inc. Agenda Item D1 Page 13 Disclosure Statement 43 Virpnis Beach APPLICANT'S NAME Two Farms, 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 Page l of 7 M❑ APPLICANT n CANT NoT ED OF EARNc , - �^,� .C11 NO CHANCES 4S or J2/Iii G .`.rill Jimmy McNamara II E‘ISIONS SUbMi I r.0 9 Two Farms, Inc. Agenda Item Dl Page 14 Disclosure Statement lB v1161p1a tkMtl 0 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:Two Farms, 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) John M. Kemp(President); Frank J.Gargiulo(Vice President);Alan Abramowitz (Assistant Secretary);Ralph C. Kemp(Chairman);Jack Whisted(Senior Corporate Engineer) (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 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if cranny owner is different from Aoolicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 0�, Check here if the PROPERTY OWNER /5a corporation, partnership, firm, A business,or other unincorporated organization, AND THEN,complete the following. (A) list the Property Owner's name:Please see attached. If an LLC,list the member's names:Please see attached. Page 2 of 7 Two Farms, Inc. Agenda Item Dl Page 15 Disclosure Statement grkki Vitginla Bern 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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Lille)Farms, Inc. Woods Creek Development,LLC "Parent-subsidiary relationship" means relationship that exists when onecorporation directly or indirectly owns shares possessing more than 50 percent of the voting poweof another corporation" See State and Local Government Conflict of Interests Act.Va. Code§2.28101. 2 "Affiliated business entity relationship' relationship. other than parent-subsidiary relationship,that exists when CO one business entity has a controlling ownership Interest in the other business entity.Oil a controlling owner in one entity is also a controlling owner in the other entity,or 0111 there is shared management or ontrol 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 substantiagy the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resourcesor personnel on a regular basis, or there is otherwise a close working relationship betweentheentitiesf See State and Local Government Conflict of Interests Act. Va.Code S 2.2-3101. • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the apolication or any business operating or to be operated on the Prooerty. 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 SEPERATELV Page 3 of 7 Two Farms, Inc. Agenda Item Dl Page 16 Disclosure Statement APPLICANT 3niaaeh YES NO SERVICE PROVIDER ruse additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return Ei n Architect/landscape Architect/ a*c I C{'-Ce... firtti''I'ECfS Land Planner Contract Purchaser lif other than E ® the Aoolirant)-identify purchaser and purchasers service providers Any other pending or proposed 0 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) RConstruction Contractors ElEngineers/Surveyors/Agents MSA)7C. Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® u Legal Services Troulman Sanders LLP Real Estate Brokers/ El ® Agents/Realtors For current and anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 nan interest in the subject land or any proposed development I 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 0 01 ? Two Farms, Inc. Agenda Item Dl Page 17 Disclosure Statement W 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. /,/,.t,/ Jack Vyhistetl ATE A 'CANT'S SIGNATURE PRINT NAMf DATE Page 5 DE Two Farms, Inc. Agenda Item Dl Page 18 Disclosure Statement OWNER tirgnm Ream YES NO SERVICE PROVIDER taweeeltiend sheen If swain ❑ �-, Accounting and/or preparer of your In return ❑ ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(B other than ® the Aneliragi-identify purchaser and purchasers service providers -- My other pending or proposed ® purchaser of the subject property (identify purchaser(s)and ' purchasers service providers) n P rl Construction Contractors • ® Engineers/Surveyors/Agents Financing(Include current ❑ 0 mortgage holders and lenders ��� selected in being considered to provide financing for acquisition constructionor construction of the property)y) • ® Legal Services Real Estate Brokers/ Pembroke Commercial Realty ® 0 Agents/Realtors for current and anticipated future sales of the • subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 Two Farms, Inc. Agenda Item Dl Page 19 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any blic body or committee in connection with this Application. rf Edward M Hewitt 229/16 !/97l1 ceEDPERTY OWN'ER'S TYPE PRINT NAME DATE Page 7 of Two Farms, Inc. Agenda Item Dl Page 20 Disclosure Statement Conditional the Permit Application of Two Farms,Inc. Proocrts Owner Disclosure A. Property Owner's Name: Woods Creek Corner.LLC H. Member/Manager of Woods Creek Comer, LI r: Edward M. Hewitt (Manager), and Lillel Farms.Inc(Sole Member) C. Officers/Directors of Libel Farms, Inc.: Edward M. Hewitt (President/Secretary/Director): Sara W. Hewitt (Vice PresidentiTreasurer): Kenneth A. Wecht(Vice President):Shauna T.Firman(Assistant Secretary) ]soD95Tl Two Farms, Inc. Agenda Item Dl Page 21 • Item #D1 Two Farms, Inc. Conditional Use Permit 2150 Centerville Turnpike District 1 Centerville November 9, 2016 REGULAR Jeff Hodgson: Let's call the next agenda item. Dee Oliver: The next agenda item is item D1, which is Two Farms, Inc.An application of Two Farms, Inc. for a Conditional Use Permit (Automobile Service Station and Car Wash Facility)on property located at 2150 Centerville Turnpike, It is located in the Centerville Council District. And Mr. Nutter is the representative. R.1. Nutter:Thank you very much, members of the Commission,for the record, my name is R.1. Nutter. I am attorney representing Two Farms, Inc., corporate name. They are known as Royal Farms Food and Gas. Anyway, it is a pleasure representing them. They are relatively new to our area. So, I wanted to alert you to the fact. Since many of you have not been to a Royal Farms, I had a chance to visit several of their facilities. And, they are considerably nicer than many of the facilities that we have for a convenience store in this area. As you know when Wawa came to this area, it really raised the standards for facilities like this and it has made a difference. I think you will find that Royal Farm will have the exact same effect. What I brought along for you, if you don't mind, and Mr. Redmond, I will pass some of you on this side. These are just some interior shots of the facility. Again, these are really nice facilities. Unlike Wawa's and 7-Eleven, they actually have indoor seating for food. You can have your food prepared there and eat there.You don't have to go to your car or leave or exit and so forth. Jimmy and your Staff did a terrific job. They made over 20 modifications to our standard store, all of which Royal Farms agreed to everything from materials on the carwash, on the canopy,on the columns for the canopy, various features of the property itself.The site plan has been modified. The access way has landscaping, all of which has been modified to comply with Staffs request. So, this is a company that comes to you with a desire to work with the city and make sure they do things correctly. They have also reached out to, and I'm going to turn my attention very quickly to the issue that I think at hand for this application. But they also reached out to adjacent property owners and one of them is here to speak today in favor of this as the owner of the apartment complex directly to the one at the top of the page. And in addition to that, they reached out to the townhomes being developed on the other side of them. As you know Ryan homes is the developer of that property. I have a letter of support. If you don't mind Mr.Wall, I will start you since David started on that side. This is a letter of support from Ryan Homes indicating their consent, and they believe this is a benefit to the area, and they are happy to have them as a user of the property. But I must tell you, I might as well go to the issue at hand, as we are trying to keep things relatively short. I know there has been some concern about the car wash that is located here, so despite the fact that was addressed it up and put in brick on and all those other features and worked with Staff on that. The concern, of course, has been the proximately of the residential next door. And I would like to address a couple of issues with that. The site plan is very,very helpful. A couple of things I would like to point out to you. First of all,the car wash,this facility, by the way, is open 24 hours a day,just like many convenience stores that are open 24/7 a day. We've agreed Item 14131 Two Farms, Inc. Page 2 to the conditions staff recommended initially which was 7:00 am to 10:00 pm, even though, of course the facility would like much longer hours. We did that for a couple of reasons but among the fact is that you're going to hear from the apartment complex next door, which is the closest one right here,this building right here. And we're at the end of that unit. The units around it and there is one unit here. It is a first floor unit. And this is a 15-foot setback here. There is another 15-foot setback on the apartment complex. The only portion of this facility that causes any noise is the dryers, and they are located at the very end of that facility. And, the interesting thing about that is(a), they don't operate all the time. They are only operating during a short period of time when you wash your car. You've all probably ran your car through a car wash and you know at the very end of it,there is about one minute blower that blows off the water. That is the extent of the noise associated with this, only at that limited time.And that noise, actually, projects out by the way. It projects out in this direction like this, so that you will find the largest impact is going to be on Royal Farms property in the right-of-way. There is some residual noise here but I am happy to tell you that Royal Farms is trying to make sure they comply with all City noise ordinances. Actually, a noise study was done on this property to understand what the effects could be. And I'm going to pass this out and personally I have one colored one and one black and white one, so if you don't mind, I will pass one to each direction to you. But it is very small print, but let me just highlight them for you. Right in here, you have a high decibel level,while that is going on is about 90 db's. When you get here, it goes to about 70-75 db's,and it drops off further in this direction. The closest point to this area here is 44 db. 44 db's is about the same equivalent as the traffic volume going down Centerville Turnpike. So, if you do not approve that the noise level on their facility is going to be exactly the same as the noise level coming down that street. And it drops back by the way. It goes back in the 40s and 30s as you get further away in that area. So, I did want to let you know and I'll pass one of these out in each direction to you. And the other reason why I wanted to point this out to you is because we also want to know what people think around us. We were taken to heart by the fact that not only the adjacent property owners have no opposition to this application, but we also went to the major civic leagues. If any of you have been involved in application, and I know Jan couldn't be here today, but has been involved with the application Centerville, you don't go very far without talking to councilman Dyer and you don't very far without having series of public meeting. So,we've had no else than two major meetings, one with the three presidents of the civic leagues closest to this. All of them raised questions initially about traffic,about the gas pumps, the safety of the gas pumps, crime ratios associated with Royal Farms and other convenience stores. All of which Mr. Dyer was kind enough to get police and fire department to respond to those people and they are perfectly fine. In addition,to that, and it was the Spring of this year, and in September of this year, Mr. Dyer asked us to hold off and we were going to have a large meeting with over 60 people in attendance at a local high school in his district. And we made major presentation at that time and absolutely no one came in opposition after that presentation. I tell you that because I want you to know that I agree with the work that the Commission does. I think it is important to look at the proximately of uses, but I will share with you the fact that the people live there,work there, the civic leagues presidents who live in that area, not one of them have raised one word to me about the car wash. Not one word. The issue they did discuss about traffic. They discussed the appearance of the building.They discussed,again, the safety of the gas pumps, the crime issues. Frankly, the police and fire departments came to the seconds of those meetings and gave a presentation that this was one of the better facilities they deal with, and there is no problem at all with the gas pumps, as you well know. I'm happy to tell that we've better this with people who live there, work there, the civic league presidents who live there, not one opposition to this. The other thing I will share with you is that I did a small amount of research and I didn't' know about this issue until Friday, so forgive me. But at any rate, this small little research board, and what I will do so I Item #D1 Two Farms, Inc. Page 3 don't overload David, and Jack, I'll pass these out, some to Karen and some to David. David Redmond: You doubt Jack and my ability to handle this? R.J. Nutter: These are two cases that the Commission and the Council has approved and was approved back 2003. One was approved in 2006. One was on Northampton Boulevard down French Road, where you have a little apartment complex and you have a drive-thru right next, excuse me, if you have a car wash right next to that. I have attached with that a photograph so you can see the approximate to that. They are going to differ a little bit so I wish I could tell you that I have exact examples. This is a good example of the fact,that the car wash is in direct approximate to the apartments, in that application, there was no conditions,whatsoever, on the time limits. It is a 24 hour car wash operation. The second application is on Red Mill, and it is in the, and if you know that area very well.There is an apartment complete right next to that is a convenience store with a car wash operation. The limit hours of operation as you will see in that area from, I believe it is 6:00 am to 10:00 pm. I haven't checked completely but I can tell we're not aware of any record of the Planning Department of any complaints with apartment complexes at either of those two locations. So, I want to tell you that I think we tried to answer your question. We,frankly,acknowledge and we think it is the proper thing for the Commission to look in approximately to uses like this but I can tell you that we've met with the civic leagues. We met with the adjacent property owners. We've had a noise study of the issue, and we think it is consistent with what you approved in previous years, and just like the previous applicant, when you have someone who has a problem with guns in the neighborhood and you find none,you feel much better about moving forward with the applications. So, the two that you have approved and there are probably more. We find you had no problem with it whatsoever. So, if I could close with one last thing? Only because during the course of presentation, the traffic department suggested a slightly different access way to the property, and we had followed a 100-foot rule, 100 foot taper and 100 foot turn lane. We had followed both of those rules. This led to this location. We're happy to work with them. We think we can work with them on that. So, we will be working with them during that. I just want to let you know acknowledge and we heard that today for the first time, and we're happy to work with them in that regard. I'll be happy to answer any questions that the Commission might have. Jeff Hodgson: Are there any questions for Mr. Nutter? Dee Oliver: I have a question. Jeff Hodgson: Ms. Oliver? Dee Oliver: Vacuum cleaners? R.J. Nutter: Yes. Dee Oliver: In association with this car wash? Where are they located? R.J. Nutter: I'll be happy. Someone asked me that but I forgot what it was. They are looking at right here. What they are going to do is this island is actually widened so this will be narrowed. They will be placed in here and there will be another island here, so that two cars can pull up to them. So, they are right here. Item 401 Two Farms, Inc. Page 4 Dee Oliver: So how many vacuums? So there are only two vacuum cleaners? R.J. Nutter: Yes ma'am, there will be two. There will be one location of vacuum which would be right there. I'm not sure if it is one or two but I'm not Alan but they are located right there. Dee Oliver: Okay. Thank you. Jeff Hodgson: Is there any other questions for Nutter? Thank you sir. Mr. Inman? Mike Inman: The hours of operation of the two that you gave us in these photographs. R.J. Nutter: Sure, actually they are on the back of those. If you look at the conditions, I believe the Red Mill one is 6:00 am to 10:00 pm. The one on Northampton actually has no restriction on their hours whatsoever. Mike Inman:That is the one sidewalked? R.J. Nutter: Yes sir. Jeff Hodgson: Mr. Redmond. Dave Redmond: So, let's get back to the hours for a minute. R.J. Nutter: Certainly. Dave Redmond: Is there somewhere we can maybe strike a deal that would suit your applicant's use but still kind of address his concern that has been stated. I know research has been talked to but it seems to me that 10:00 am. I did sleep until 10:00 when I was in college,so I think it is a little bit severe, and frankly, people tend to wash their vehicles not during working hours. I would intend to do it in non- working hours. I think understand that from a consumer perspective given if you would want to have your facility open. Is there something we can work there to may solve that? I think that is an appropriate. I hate going into places like this and whatever facility is associated is open for 20 mins a day or something like that and if I don't happen to catch it at the right time,there is no point having a full service facilities if those facilities are not available. R.J. Nutter: If you wouldn't mind, can I come back to that question. I would like for you to hear from the owner of the apartment complex next door. He is going tell you things that will surprise you about their desire. Dave Redmond: let me ask you one question. I'm assuming I know the answer if not,feel free to kick me off. And that is the decibel level that you mentioned that 44 decibels. I assume that is measured from the exterior of the building. This is the wall. This is where the guy held up the sound metered and measured. I'm guessing. Item #D1 Two Farms, Inc. Page 5 R.J. Nutter: Yes sir. They parted the edge of the building, but the unit is actually inside the building. It is not outside the building, but they measured from the door to the out from there is where they measured. Dave Redmond: Gotcha. Thank you very much. Ron Ripley: I just got a quick question. Jeff Hodgson: I'm sorry. Mr. Ripley. Ron Ripley: The buffer between the apartments and the car wash, is that a tree buffer. R.J. Nutter: It is a 15-foot landscaped buffer on our side. There is an additional 15-foot buffer on the apartment side. But what we agreed to do there is we agreed to put in Leyland Cypress, a series of Leyland Cypress in there. You all are familiar with the use of Leyland Cypress. It grows very quickly. They will be as high as the height of that building, quite frankly next door. But that is what we're going to use between the car wash and the apartment building. Ron Ripley: Did you discuss putting any type of fencing in that area of the building itself? In addition to maybe help maintain the noise. R.J. Nutter: Yes sir, we have. And, it is interesting enough. Ron Ripley: You have looked at it? R.J. Nutter: Yes,we have. We told them we would be happy to. The interesting thing is this. The apartment complex and you're going to hear from them in a second are trying to decide if they want a fence there themselves because some of the residents have been requesting the car wash inside the apartment complex and they want to be able to get to this complex. They want to make it easier to get to, so but yes we've told them and it is not an issue. We're happy to put a fence there. Ron Ripley: Thanks. R.J. Nutter: Yes sir. Jeff Hodgson: Mr. McNamara. Jimmy McNamara: Mr. Chairman, if I may? We asked about the vacuum cleaner and we hadn't heard about these yet. As the site plan doesn't depict vacuum cleaners on it clearly,we would ask that a condition be recommended to have these vacuum cleaners screened and approved by our landscape architect before recommending approval on that. Jeff Hodgson: Okay. R.J. Nutter: In regards to the screening, people have to get up to get to them but as long as we have something screened from the road. Item #D1 Two Farms, Inc. Page 6 Dave Redmond: Jimmy, can I ask you what the purpose of the screen would be? What would that be trying to accomplish? Jimmy McNamara: Consistent with other Conditional Use Permits that dealt with vacuum cleaners keeping them from the right-of-way. We want them screened from the right-of-way so being out there on Centerville Turnpike. Dave Redmond: Screened from the right-of-way. I understand. You don't want them visible from the right-of-way. Jimmy McNamara: That is correct. R.J. Nutter: We can work on that. That should be fine. Dave Redmond: Thank you. R.J. Nutter: Thank you. Dee Oliver: Our next speaker for this application is Mr. Matt Miller. Matt Miller: Good afternoon. Dee Oliver: State your name? Matt Miller: Matt Miller, and I'm the property manager for the apartment community that is actually where all the blank spaces on this right image. I think the Royal Farms would be a great addition and a great convenience for the residents. The car wash is actually a commonly requested an amenity that we do not have,so having the addition of that would be beneficial. Touching on the fence that he mentioned earlier,the tree line that runs down all the way down, it turns, we are looking at the possibility of adding a privacy fenced going down that side and turning down against our property line. I would monitor it just to see how it goes. That is something we have talked about already. Jeff Hodgson: You have no outside hose bins for your tenants to use to wash their cars? Matt Miller: No sir, we do not. It is common in new apartment communities. I just don't think we have the space to have that so we never did it. But it is often requested. Bob Thornton: The back door of the building that is closest to this over to the car wash, about how far is that? They got a 15-foot setback that goes back over to the front door of those units. Is that another 10 or 15 feet? Matt Miller: From the setback of the apartment? Bob Thornton: From the property line to your first door? About how many feet is that? Matt Miller:That is probably about 20-feet. Item#D1 Two Farms, Inc. Page 7 Bob Thornton: Okay. So, you're basically telling s that you don't mind the people living in that unit and face the side of that car wash, and all that it represents water and noise an people and so forth, you're not concerned about that hurting your marketability? Matt Miller: No sir, not at all. Bob Thornton: The quality of life for the people that live in those units. Matt Miller: I think with the landscape barrier and the possible potential privacy fence, I don't think they will care. Bob Thornton: Suppose it turned out to be noisier and not quite what you thought it would be what then? It seems like you would have some marketing issues with keeping those units full. Matt Miller:The car wash in particular? It is my understanding the car wash has designated hours from 7:00 am to 10:00 pm,which is right in line with our community quiet hours, so it matches up with what we push within the community already. So, I don't think it will pose a problem. Dave Redmond; I'm sorry, I didn't understand you. It is right in line with our? Matt Miller: We have community quiet hours for the residents. Dave Redmond: Community quiet hours? Matt Miller: Correct,yes sir. We ask every resident out of the respect for the neighborhood to be as quiet as possible from 6:00 am to 10:00 pm and it is my understanding that the car wash is available from 7:00 am to 10:00 pm. Dave Redmond: I understand. Thank you. Matt Miller: You're welcome. Jeff Hodgson: Are there any other question for Mr. Miller?Thank you for coming down. Matt Miller: No problem. Thank you. Dee Oliver: Our next speaker is in opposition and it is Carol Laginess. Carol Laginess: Laginess. Good afternoon. I'm Carol Laginess. I'm a 30 year resident of Charlestown Lake South, which is at the intersection of Lynnhaven Parkway and Centerville Turnpike. Myself, and my neighbors are opposed to this. The summer was busy. I don't know how I missed it, but has anybody actually been to the site? You can see that it is just so close to the apartments. Now I know the apartment manager, I don't know if it is the apartment that he would choose to live in but also right across the street are single-family homes. In addition to the car wash,there is the gas station. There is the convenience store. I know there is supposed to be a walkway where children can walk safely to get their ice cream or whatever, and I love Royal Farms chicken myself. I am not opposed to it but this Item #D1 Two Farms, Inc. Page 8 particular area is strictly residential. There is a small group of commercial across the street which is a gymnasium the base of those apartments. But I don't think the traffic flow. We are also so far out. We're almost at the Chesapeake border. We don't have a lot of police presence where we are at. I am concerned that the crime or potential crime even of the convenience store, a 24 hour convenience store smack dab in the middle of our residential area. I have spoken to neighbors who are opposed as well, but everyone is sort of late coming to the party and didn't know about it. I expected the civic league and the president,actually is in favor. He said it is progress. Nothing certainly didn't publicize it or talk it up to the neighbors about what was going on there. The sign was actually around the corner until recently now in full view, but I just discovered on accident and then I called McNamara at the Planning Department and discussed it, and he said it was pretty a 95 percent done deal but the guys were willing to hear from some of the residents that were in opposition. I would think if it was you, would you want to live right next to a Royal Farm convenience?Wawa on Northampton Boulevard is totally different because there are no apartments right next to it. I don't know anywhere where there is a convenience store, gas station car wash right smack down the middle. I guess my three minutes are up. Jeff Hodgson: What would you prefer to see there? Carol Laghiness: Originally it was commercial. There was a little driving range there. No big deal. We thought it was going to be apartments. Nobody envisioned, no body I knew envisioned that it was actually going to be a gas station serving the complex right there. I know there was a sport's bar that was turned down and I was actually with the civic league back when the Wawa was turned own. They had concerns with the alcohol and the tobacco and all of that. I understand that with the Centerville Elementary School right there, and that is such a residential neighborhood. Jeff Hodgson: It is currently zoned. Carol Laginess: It is zoned commercial but again at that point,there weren't the townhomes and the apartments there, and they are beautiful apartments. I can't imagine that if I was a resident that I would want to look at it a Royal Farms. They have gorgeous pools. Nice recreation area. It is beautiful. I don't know why it would be spoiled. Jeff Hodgson: Something is going to go there. Carol Laginess: I know something is going to go there. I know there is an estimated is like 1500 stops a day for his complex. The traffic there is already horrendous if anybody has tried to drive through there anywhere near rush hour,anywhere in the morning or the evening. Having to stop there, I don't see how that is going to benefit anybody. And just having the opportunity there, there is a 7-Eleven convenience store within a mile, and there is a BP gas station within a mile that has a car wash.The Shell station has a car wash. There is a 7-Eleven gas station convenience.There are so many things close enough that I feel you don't have to put it right in our neighborhood. Jeff Hodgson: Any questions for Ms. Laginess? Carol Laginess: Laginess. Thank you. Jeff Hodgson: Thank you very much. Item 101 Two Farms, Inc. Page 9 Carol Laginess: Thank you for listening. Dee Oliver: We have no more speakers. Jeff Hodgson: Mr. Nutter? R.J. Nutter:Thank you very much. To my business, Ms. Laginess, I can tell you that the meetings were highly publicized and at least 60 people attended the meeting at the high school that was held in September. So, I don't know and as she indicated the president of the civic league was there and did in fact come over to us and indicated his consent. So,we had a large amount of reception.As you also Mr. Chairman, this was already zoned B-2. It was zoned B-2 before, so this has no way been designed for this, but I did want to go and let you know that we had a large amount of outreach and we had no objections prior to the hearing with the Planning Commission about the car wash. I hope we've been able to bestow your concerns about the car wash. Maybe not so such much with questions but I hope we tried to dispel them by showing you where the noise goes with that feature, and giving you example of others that you approved previously and had no problem or any record of any problem. In fact, Eddie reminded me of a project he just finished that does have a car wash inside the apartment complex so I would tell these are an amenity for most features like this. It has been a long time since we all had an apartment but at least one of my daughters has an apartment,and I know she wishes she had a car wash in it, so my sense is that is not as bad as we think it is, as it might be. Let's put it that way. So, I'm happy to answer any questions you might have? Jeff Hodgson: Are there any more questions? Thank you. That was our last speaker. We will close the public hearing and open it up for discussion?Thank you. Mr. Redmond. Dave Redmond: Mr. Nutter I appreciate you doing this and I asked this morning at the informal if the staff had any kind of noise measurement standard that we could go by? I think you said 44 decibel was measured at the nearest apartment. Is that correct? R.J. Nutter: Yes sir. Dave Redmond: Okay. I just did a little bit of looking on line. 40 decibels is about the equivalent of a library,44 decibels would be bird calls. 50 is a quite suburb or a conversation at home so we're somewhere between a library and a quiet conversation at home as measured at the nearest wall, I am just going off by what I read and publicize all over the City, so I certain am no sound engineer but 44 decibels is correct.That strikes me as an entirely tolerable noise level. Bird calls is probably not something that is going to cause me a whole lot of concerns. I rather make selfish issues about what this kind. It is too close so therefore would be noise than that. I think some sort of mechanism would help guide her decision. I am not concerned. Jeff Hodgson: Anybody else? Mr. Ripley? Ron Ripley: I think adding the privacy fence between the properties would be advisable. I'm not suggesting you have to do it all over the line but just long enough to help buffer the sound. Jeff Hodgson: Mr. Thornton. Item#D1 Two Farms, Inc. Page 10 Bob Thornton: I'm not so much focused on the noise as I am the operation. If I lived in one of these apartments, every day I wake up and walk out my door, I'm looking at the side of a car wash. Car washes are not the neatest places to look at whether they are noisy or whether they are not noisy,to me is irrelevant.The fact that they are there, the fact there is water flushing through them.The fact that dirty cars go in and clean cars come out, so if I had my way, I would try to get you to complete remove the car wash, because I think it is an intrusion into this neighborhood, but just short of that, I think a privacy fence of something. I feel sorry for the people that live in those apartments. I understand what you say but one of these days you may look out there and way where did that thing come from? It is noisy. It is dirty. People are hanging around it all hours of the day and night. You might, you have to pay attention to the unintended consequences, so; if we could put some kind of time limit on it for require a fence. I don't want to get in the way of commerce, but putting this that close to where people live to me doesn't seem like a very good idea. Those are my thoughts. Ron Ripley: I have one other comment. Can I ask the property manager this question? That's the end of the building is it not? Matt Miller: Correct. That is a two bedroom carriage house,which is designed like a townhouse, two levels with an attached garage. Ron Ripley: Where is the front? Matt Miller:The front. Do you mind if I walk and point? Ron Ripley:Sure. Matt Miller: This is the front of the building. There is only seven apartments in this building. The bulk of the property is in two buildings, which are far removed from where this is. So, I think you can kind of see it here.This building has 63 units, and further down there is an"L" shaped building that has 150 units in it. Ron Ripley: Are those flats next to the car wash? Matt Miller: There technical name is carriage house. Jeff Hodgson: Can you come back to the microphone? Ron Ripley: Is it a one unit on the side? Matt Miller: That is one unit. It is a two bedroom. Ron Ripley: So, that is the side. So, it is not all bedroom? Matt Miller: No sir.There is some living space down there. Yes sir. Jeff Hodgson: Mr. Miller did say something that I have some experience with apartment buildings as you may. Having a place to wash your car has always been an issue with the ones I have been involved in. I've had people that will attach the hose to their kitchen sink and try to run a hose out the front door Item#D1 Two Farms, Inc. Page 11 to try and wash their car. It has been an ongoing battle. I think we've had those ideas that people will be upset about because the public can come in that doesn't live there and their using the communities water if you got a master meter, it is a nightmare, and you almost have to restrict that within the community and then they're crying and screaming to have it, so; I understand that is needed around these communities. Matt Miller: That's correct. They will leave a hose out in the landscaping and kind of ruin your curve about doing that. Jeff Hodgson:Thank you, Mr. Inman. Mike Inman: I have three points that I would like to make. First of all, Royal Farms is a quality operation. I don't know if you have seen them before. There are lot of them on the Eastern Shore and they virtually equivalent to a Wawa level, may even exceed the Wawa level of aesthetics. There general set up and operation and cleanliness and that sort of thing. This is a B-2 zoned piece of property. It has been 8-2 for a while. So, something that is going to create traffic and probably some noise is going to go on that site considering its prime location on that corner. And finally there is probably two units in this apartment complex that is going to have any impact, maybe flooded beyond critical. I don't know. Once the car wash is there, people who will be renting will know there is a car wash there, and they can choose not to rent that apartment. It is their choice. I don't think. I'm satisfied the noise is going to be addressed adequately based on the information that Mr. Nutter gave us, and the fence, which I think we should add to the conditions, a six-foot privacy fence to be installed. I don't really want to specify materials or not, but probably something to be approved by staff as an additional condition. Jeff Hodgson: Is that a motion? Mike Inman: I make a motion that we approve the application with the addition of a condition that a privacy fence be installed along the boundary adjacent to the car wash, and turning and coming down toward the car wash building to the extent required by the Staff. Jeff Hodgson: Did you also want to add another condition about screening the vacuums from the right- of-way? Mike Inman: Yes, an additional condition that the vacuum equipment be screened from the right-of- way in a matter approved by the staff. Jeff Hodgson: Is there a second? Dave Redmond: Second. Jeff Hodgson: A second by Mr. Redmond. Mr. McNamara? Jimmy McNamara: Is that including the condition for the hours of operation? Jeff Hodgson: Staff recommended. What was your recommendation?7:00 pm? Item #D1 Two Farms, Inc. Page 12 Jimmy McNamara: Our recommended recommendation was from 10:00 am to 7:00 pm. R.J. Nutter: We're happy with the 7:00 am to 10:00 but we're not fine with 10:00 to 7:00. Jeff Hodgson: So is it your motion? Mike Inman: I would add that the hours be 7:00 am to 10:00 pm. Dave Redmond: Second. Jeff Hodgson: Seconded. A motion made By Commissioner Inman and second by Commissioner Redmond. Mr. Weeden? Carol Laginess: I have a question. Are the hours for the gas station or for the whole complex? Jeff Hodgson: Those hours are just for the car wash. Carol Laginess: Just the car wash. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0, the Commission has approved the application of Two Farms, Inc.with additional condition of screening around the vacuums and a privacy fence along the car wash and the hours of 7:00 am to 10:00 pm. Jeff Hodgson: Thank you Mr. Weeden. co ,. Th 1 i 1 .Clii II , I, 'Ii r---i . 1. i 7 ° , i1 \1 i 1,_ 1 \ \ 1,1i ' _ IIL----------- r ) ._____ _ __ ---'1_, 1 II 1 7 ---- f---) "--4 I 1 1 I- - 0 l I 1B-11 II 1 •11,1 1 II Poi ------- ---------I Li 1-- t i 441 1 I ttr ,1 1 9 - L.--=I ! , , , y 1 ___/------ ----. ---- )------ . izo . i --- ,_._ ... .'.%+ / _ orlim____:_____ z /7 i / - 164 i iis 1 .: , . _ ------- - - . fl tO C:1 I I LC? IV° [ ,..07--%,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PROVIDENCE STORAGE, LLC [Applicant & Property Owner] Conditional Use Permit (Mini-Warehouse) 6009 Providence Road (GPIN 1456537296). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: December 13, 2016 • Background: The applicant requests a Conditional Use Permit for a Mini-Warehouse. The subject site is currently developed with a single-story structure that was previously used as an office. The applicant proposes to demolish the existing structure and redevelop the property with a three-story, 132,150 square-foot, indoor, climate- controlled self-storage facility. The building will be constructed with exterior building materials of brick and Exterior Insulation Finishing System with a standing seam metal roof. Tower features are located on two corners of the building. A small office and retail area, for the sale of moving and packing supplies, will also be located within the building. The site will be enclosed by a combination black aluminum wrought-iron style fence, six feet in height along any section in view of the right-of-way, and a solid wood fence, six feet in height along any property line not in view of the right-of- way. Street frontage landscaping and a freestanding sign are proposed along Providence Road. Stormwater management facilities are proposed along the western property line. The 11 parking spaces depicted on the site layout plan are sufficient to satisfy the off-street parking requirement for this use. • Considerations: In Staff's opinion, this request for a Conditional Use Permit for Mini-Warehouse is consistent with the Comprehensive Plan's recommendations in regards to maintaining great neighborhoods through promoting an appropriate mix of land uses that contributes to the daily life of residents. The applicant was agreeable to Staff's recommended changes to the building's design and exterior building materials in an attempt to complement the elementary school across the street. The upgraded fence and plantings along the right-of-way will, in Staffs view, enhance the existing streetscape. Providence Storage, LLC Page 2 of 3 This specific block appears to have several properties in the process of redevelopment. The proposed self-storage facility will provide a benchmark of quality design for other properties on the block as they redevelop. The submitted site layout depicts a logical arrangement that visually screens the loading/unloading area by placing it behind the adjacent property as to not be seen from the right-of-way. Additionally, street frontage landscaping provides visual screening of the parking area. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the site is redeveloped, it shall be in substantial conformance with the submitted concept plan entitled, "PROVIDENCE STORAGE CONDITIONAL USE PERMIT EXHIBIT," prepared by American Engineering, dated September 1, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "PROVIDENCE STORAGE LANDSCAPE PLAN," prepared by American Engineering, dated September 1, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building shall substantially adhere in appearance and materials to the four renderings entitled, "OCEAN STORAGE PROVIDENCE RD. VIEW FROM NORTH EAST, VIEW FROM NORTH WEST, AERIAL VIEW FROM NORTH EAST, and VIEW FROM SOUTH EAST," all prepared by GMF and Associates and dated September 29, 2016 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. Providence Storage, LLC Page 3 of 3 5. When the site is redeveloped, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior(outside) storage of items on the property. 6. There shall be no permanent dumpster located on the site. 7. Any onsite signage 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. 8. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D= . • ;•Agency: Planning Departmenjf, a / City Manager tee• , Applicant & Property Owner Providence Storage, LLC Agenda Item Public Hearing November 9, 2016 City Council Election District Centerville it Virginia Beach Request P„V,d,„.,"°'d Conditional Use Permit (Mini-Warehouse) �.� IStaff Planner �1 Jimmy McNamara �roF" ,. P.m Can A.- ‘ Location --4 1 \411 • 6009 Providence Road i. I E q, GPIN 'S bi m i 14565372961. ui •>4., M Site Size ; 2.1 acres ~c s' € c�''i`� z ! 3 s a i AICUZ x f Less than 65 dB DNL a qwe no Arch t 1 1*—11 k Re,,co,,,, a Existing Land Use and Zoning District Office/B-2 Community Business Surrounding Land Uses and Zoning Districts North = — - . Providence Road ,...---4ir' Elementary School/R-10 Residentialr i South -"`. Mini-Warehouse/ B-2 Community Business - „^' East Mini-Warehouse/ B-2 Community Business 1 West / { Office/ B-2 Community Business :, +•.� �_ '- ' !IMO 11.111111111 Providence Storage, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The subject site is currently developed with a single-story structure that was previously used as an office. • The applicant proposes to demolish the existing structure and redevelop the property with a three-story, 132,150 square-foot, indoor, climate-controlled self-storage facility. • The building will be constructed with exterior building materials of brick and Exterior Insulation Finishing System with a standing seam metal roof. Tower features are located on two corners of the building. • The majority of the units will accessed by secure entry doors. A small office and retail area, for the sale of moving and packing supplies, will also be located within the building. I • The site layout depicts a gated loading/unloading area along the northern facade, and the existing building on the adjacent property blocks this area from view of the right-of-way. The site will be enclosed by a combination black aluminum wrought-iron style fence, six feet in height along any section in view of the right-of-way and a solid wood fence, six feet in height along any property line not in view of the right-of-way. • Street frontage landscaping and a freestanding sign are proposed along Providence Road. Stormwater management facilities are proposed along the western property line. • The 11 parking spaces depicted on the site layout are sufficient to satisfy the off-street parking requirement for this use. • Proposed hours of operation are from 9:00 a.m. to 6:00 p.m., Monday through Friday, 8:00 a.m. to 4:30 p.m. Saturday, and 11:00 a.m. to 4:00 p.m. on Sunday. Up to three employees are proposed to work on site. 0-2 2 s-� R-10 �-�� Zoning History ce Ra . — # Request j 1 CUP(Religious Use)Approved 12/14/2010 =-2 L j / li1 2 CRZ(0-2 to Conditional B-2)Approved 12/01/2009 I 3 MOD Approved 02/10/2004 7 •••••4:0 MOD Approved 03/11/2003 t . / . — - -— B'2 CUP Mini-Warehouse Approved 10/25/2001 • J 4 MOD Approved 09/28/2004 CUP(Auto Service Station)Approved 12/12/1983 R-8D -i 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 Providence Storage, LLC Agenda Item 4 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's 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. (p 1.61) Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Providence Road 24,260 ADT 1 14,800 ADT 1(LOS' "C") Existing Land Use 2—17 ADT 27,400 ADT 1(LOS 4"E") Proposed Land Use 3-330 ADT 'Average Daily Trips 2 as defined by 1,500 square Sas defined by 132,150 square feet of °LOS=Level of Service feet of general office mini-warehouse Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The intersection of Indian River Road and Providence Road will be modified and improved as part of CIP Program project 2-042. These improvements will be along Indian River Road between Level Green Boulevard and Sunnyside Drive and will include roadway, pedestrian and traffic signal improvements. Construction will begin spring of 2017. Public Utility Impacts Water This site is currently connected to City water. The existing 5/8-inch water meter(City ID#95147059) can be used or upgraded to accommodate the proposed development. Sewer This site is currently connected to City sanitary sewer. Evaluation and Recommendation This request for a Conditional Use Permit for Mini-Warehouse is consistent with the Comprehensive Plan's recommendations in regards to maintaining great neighborhoods through promoting an appropriate mix of land uses that contributes to the daily life of residents. The applicant was agreeable to Staff's recommended changes to the building's design and exterior building materials in an attempt to complement the elementary school across the street. The upgraded fence and plantings along the right-of-way will certainly enhance the existing streetscape. This specific block appears to have several properties in the process of redevelopment. The proposed self-storage facility will provide a benchmark of quality design for other properties on the block as they redevelop. No adverse impacts to adjacent properties are anticipated as a result of this request. Providence Storage, LLC Agenda Item 4 Page 3 The submitted site layout depicts a logical arrangement that visually screens the loading/unloading area by placing it behind the adjacent property as to not be seen from the right-of-way. Additionally, street frontage landscaping provides visual screening of the parking area. Based on the reasons above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When the site is redeveloped, it shall be in substantial conformance with the submitted concept plan entitled, "PROVIDENCE STORAGE CONDITIONAL USE PERMIT EXHIBIT," prepared by American Engineering, dated September 1, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "PROVIDENCE STORAGE LANDSCAPE PLAN," prepared by American Engineering, dated September 1, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building shall substantially adhere in appearance and materials to the four renderings entitled, "OCEAN STORAGE PROVIDENCE RD. VIEW FROM NORTH EAST,VIEW FROM NORTH WEST, AERIAL VIEW FROM NORTH EAST, and VIEW FROM SOUTH EAST," all prepared by GMF and Associates and dated September 29, 2016 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 5. When the site is redeveloped,the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair,or any other purpose not consistent with the storage of goods. There shall be no exterior(outside)storage of items on the property. 6. There shall be no permanent dumpster located on the site. 7. Any onsite signage 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. 8. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 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. Providence Storage, LLC Agenda Item 4 Page 4 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. Providence Storage, LLC Agenda Item 4 Page 5 Proposed Site Layout I' W41 F _ >- o 1 wow I T Mcc r p Q Io W V) 7 — 0 Q LL EA; CL i j , aoo 0(/) o CC a v I C Cl. 9: 1 J • • I (,__,:,__ A ,. yy .01C– U 1- c AYZ COO C CI 41) D D N a) a OU E 3 0 I° a0 C I I� i., I L O C F .1 7, N L g°M4 T. t 5.' m �0 b •m ,q Yba g,5 N \\ iy 5 Ii� S f7 co 0 :1, AOLI .--- JQ .t IS e jq « 7 d o . D _;�;% R� ---11S S-- _ 0 0 oN Q m I 4 au o _ I .. -O —L_______-- 1111dS 9 iiAa– 'LJ `---;A01.1 NC.l' g'ED m = OVO2i 3DN3o?A0ad """ NE m.. u0i 0 0 LL O Providence Storage, LLC Agenda Item 4 Page 6 Proposed Landscaping Plan y% •.—{0&I -;T — — - d 10 C-�1Fb• Lw S MO • n — 9107.— • 6 • • - - — —.. i Ii ; • - 2.d , § i •I 1100 x B c • ii I L. I -- --Jr • 0 0 0 -fib0 0 . M....,*... se a I I VI4 3 sq8 8 -. , � 1 .b0. 1300 3 Pig drS ?!V. cN El L ilt„-- --T.itirpo .... wfp ,f,,t, •*------J 5 21 1 'wI If � I . yl M y • •60 AP B 2b II ilk aI�II111111 ........ .=••••.. 4444211141"....81111141'ill4311t11111.11111114St.,1111116104.41it .*-, _.,s...It:25:1W, ............ .. S_ reg G ---,,,,0 I - l bBOAIDEVICE bOVD Providence Storage, LLC Agenda Item 4 Page 7 Proposed Elevations IIS; �}}� e� �` A 4 a s ,.,% y .1 � • I .% A 8 d , U _!w 1 Q ± -- ft IMO * I I � � . 1jY.J lid � , 1_1 1 / in ®0000®s ii i ti . a , I - liMiiii _ i • _ , I 2-1 ;,I - i \ I� ■iaalli 11 •— de: Providence Storage, LLC Agenda Item 4 Page 8 Proposed Elevations th: w y meq ` O 4a:•K T1 + �11 LL , : .",, 1 K A.,-- 6.,,,,<:1 '_, !r , ,. , lib, . . .. ._. ::,::,8 . _ , . . ,.. iniEJ 1 fi000009 _ S. - 1 ! � ,i _ K :‘,,,, ,,,.,, >''''''' ' a �, ir.i,.4,/ Providence Storage, LLC Agenda Item 4 Page 9 Proposed Elevations W .. P`�� ,, crzl U 5 1 < i W ' �Z $ i 1 Q G hb U fl ;"6 A d g i Q ir ICL V . Jilt J4c- -iiiii.- ' t,. WI . ' - / ,, idiVW l• , if ,;,, :„. ..„ _ _ P- W N N '4 , ' 1000 -.-:: 0®0 666® L3_� I T / , ---- a ,. .. do g 0 / 4 „ftfJ J T ' ' 4, , ., j 1: 9 40 / Y Providence Storage, LLC Agenda Item 4 Page 10 Proposed Elevations :24 . W .t.- i ; II �� y a ii -so 4.1 , x..1 H, , :1;4.'s,' . \ g 0 "7' P g 1 0 it V / s E la4 , y•. M / 1 LL i \ ' I ' ; / h . l®OD®0A® Pir Al Of — i '' A„ir, 2 , n 1g/ @ t 4 0 1.■ t's a , rris 0 ,\ , i ._- -,/ P Providence Storage, LLC Agenda Item 4 Page 11 Proposed Freestanding Sign miii 1 6:4 r4 3 ,i 1 i i LL II 1 I i Li i. 3©®o©000 :tr 11 I 1._ __. L , �f I �rr-- _ b - a 1 1 4 , li 1! 1 . -14 I cyto 11, 'i �_ Il _1 I I� I i\ 1 1 i Providence Storage, LLC Agenda Item 4 Page 12 Site Photos t .es,'"ib..' j°'-ii• i, gt•--, .4's '• F t T . IJ „ Ruin,OM ... , ts. _ t . 1 - I „ Ruin, .t. . _ .. . .... _ . _ , woroce .9"",,•,. •s ': ,— -...-4','''', ' • -., 410„,„ „.t_ ‘, _OF . y 1, ,,,..., 1.-...-.... '-'4P.---- ,„,m• . .. .. ,:x; • . ....A.1!:, t . , , t•44., .:4.';41-t- 0,7 4'. ...'..:,,. . ,1" ,-, 41'4 ' e Pi.. 4 ' -...., ' Z -..- , . .. r 0 1 I f - ''' IL' LI ' . 11, _—— — .4, ... - _ 4 . ,-... :'t.' ;'• _ .:-.1-:..:Z.:::„..-1.41::.1--.: ' '-:',.. .i; , t Providence Storage, LLC Agenda Item 4 Page 13 Disclosure Statement VirginiaBeach APPLICANTS NAME Providence Storage, 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 g 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. a SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Au disclosure,.must be updated two p)weeks prior to any Page I of 7 Planning COmmnsOn and cry Council meeting!bat Pe,lams m the avplicatmrsi 0 APPLICANT NOTIFIED OF HEARING DATE q y1 NO CHANGES AS OF DATE pig Jimmy McNamara REVISIONS SUBMITTED Dal f. Providence Storage, LLC Agenda Item 4 Page 14 Disclosure Statement 44 Virginia Beath n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Providence Storage, LLC If an LLC,list all member's names: G.Thomas Minton, Ill Michael B. Bumette If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) Ocean Storage-965 South Oriole Drive,VB;Ocean Storage,5737 Northampton Boulevard,VB; Bay Storage, Inc.,22529 Parsons Circle,Cape Charles; Ocean Storage, 105 Professional Place,Yorktown See next page for information pertaining to footnotes) and 2 F SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if proven owner is different from Appgcant. Check here if the PROPFRTY OWNFR IS NOTa 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 Providence Storage, LLC Agenda Item 4 Page 15 Disclosure Statement vitgl .aa& 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 I or affiliated business entity relationship with the Property Owner: (Attach list if necessary) Marent.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§3.3.3101. 3 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship.that exists when(I)one business entity has a controlling ownership Interest In the other business entity,(iii a controlling owner in one entity Is also a controlling owner in the other entity.or OM 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 sets;the business entitles share the use of the same offices or employees or otherwise share activities, r roes or personnel on 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 PropeM. 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 Providence Storage, LLC Agenda Item 4 Page 16 Disclosure Statement • APPLICANT baa Beach,; YES NO SERVICE PROVIDER Oise aamoonil sheets if modem Accounting and/or preparer of McPhillips Roberts Deans,PLC your tax return fl I] Architect/Landscape Architect/ GMF PLUS I I Land Planner Contract Purchaser Of other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property r (identify purchaser(s)and purchaser's service providers) • ❑ Construction Contractors RD Lambert a Son N 0 Engineers/Surveyors/Agents American Engineering Financing(include current Xenith Bank ® ❑ mortgage holders and lenders selected or being considered to Towne Bank provide financing for acquisition Union Bank or construction of the property) Legal Services Troutman Sanders-RJ Nutter i-� Real Estate Brokers/ Christopher Todd-Colliers ALI Agents/Realtors for current and anticipated future sales of the subject property r a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development 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 Providence Storage, LLC Agenda Item 4 Page 17 Disclosure Statement Virginia Mich -- 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 Planing Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application./ / L_ V- W...47---_-_, O.Thomas Minton, III 9. 1� APPLICANT'S SIGNATURE PRIM NAME DATE Page S of 7 Providence Storage, LLC Agenda Item 4 Page 18 Disclosure Statement ri O Check here if the ApPI WANT /S NOT a corporation, p h rm, business,or other unincorporated organization. ® Check here if the APPLICANT lS a corporation, partnership, firm, business, or other unincorporated organization. (A) list the Applicant's name:Providence Storage,LLC _^ If an LLC,list all member's names: G.Thomas Minton,Ill Michael B.Burnette 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 r or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) Ocean Storage-965 South Oriole Drive,VB;Ocean Storage,5737 Northampton Boulevard,VB;Bay Storage,Inc.,22529 Parsons Circle,Cape Charles;Ocean Storage,105 Professional Place,Yorktown See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Stales 2 only if erosrrry swear Is different from Applicant. 0 Check here If the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. [aedt here if the PROPERTY OWNER It a corporation,partnership,firm, business,or other unincorporated organization.AND 7NEN.complete the following. �S tl� flU (A) List the Property Owner's name:__ (.417'<" ' 1, L.!.0 _—_______ If an LLC,list the member's names: Page 2 of Scanned by CamScanner Providence Storage, LLC Agenda Item 4 Page 19 Disclosure Statement • • If a Corporation,list the names ofall officers,directors,members,trustees, etc.below: (Attach list if necessary) 17 twin/ , lean aekaa„ %s trYA .Po. F1anacM ,+Ydw An/P, ✓, wrs�etc gay" lc /niad4& a,/{Q h of4Aut/ Not 4'me- 1 "Ie..fv of,g4Gtf/ (B) ust the businesses that have a parent-subsidlary I or affiliated business entity 2 relationship with the Property Owner:(Attach list If necessary) N/A 1 Parent.subsil al relationship'means"a reladonsidy that exists when one wporRun dkecdy ot Indirectly owns shares possessing mote than SO percent of the eating power of another caporatbn See Nae and Local Government Conflict of Interests M.Va. Code S 2.2-3101. 2 'Affiliated business entity relationship means 'a relationship. other than parent-subsdSty relationship.that exists when 111 one business entity has a controlling ownership interest In the other business entity Oil a controlling owner in one entity Is also a=trolling owner In the other entity.or 11111 there Is shared nwgement or control between the business entitles. Factors that should be considered In determining the existence gf an affiliated business entity relationship Include that the same person or subst ntiaay IM same person Omen or manage the two nattier;there we 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 reoular basis; cc there Is otherwise a don working relationship beeaeen the entities'See State and Local Government Conflict of Interests Act. Va.Code§ 21-3101_ SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided In connection with the sublets of the /deflation or OM/business operation or to be operated on the Prooc§(y. 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 Scanned by CamScanner Providence Storage,LLC Agenda Item 4 Page 20 Disclosure Statement - OWNER ` ;. YES NO SERVICE PROVIDER IjM.MW..i swan lr needed) F71 IIIAccountingand/or preparer of ti•P mar !" me q IN your MX rcwrn 4 i no. pjtackl U ' ❑ F.7 Architect P4rMswpe Architect Vs] Land Planner Con ❑ the Iobanact -identify purchaser a ri purchasers e purcharsr and purchaser's ears/Re providers El (ide tify purMingor proposed purchaser of the subject property (iden ��//II purchaser's rservice providers) ❑ construction Contractors - ❑ Engineers/Surveyors/Agents N Financing(Include current C...afttl} M pec RI mortgage holders and lenders `'`�i� IDmortgage or being considered to VI" 1 wllla et" provide financing for acquisition 1 or construction of the property) y. ❑ LILegal services Nori'll ^• Real Estate Brokers/ CIA rig Z4c MIS fig 5 Agents/Realtors for current and yh EYssysr! Vo kc/ Fanticipated future sales of the 514.4lr a.ave(ts.WI Ca subject property s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an offidal 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 Providence Storage, LLC Agenda Item 4 Page 21 Disclosure Statement Vir®nia Beach CERTFlCATIDN: 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 Banning Commission, Council, VEDA meeting, - any public body or�co�mmittee In connection with this • SAO O 4,74PkINT ,nfE d4nrt.er/v ���6/4r TE Page 7 of Scanned by CamScanner Providence Storage, LLC Agenda Item 4 Page 22 Item#4 Providence Storage, L.L.C. Conditional Use Permit 6009 Providence Road District 1 Centerville November 9,2016 CONSENT An application of Providence Storage, L.L.C.for a Conditional Use Permit(Mini-Warehouse)on property located at 6009 Providence Road,District 1,Centerville. GPIN: 1456-53-7296-0000. 1. When the site is redeveloped, it shall be in substantial conformance with the submitted concept plan entitled, "PROVIDENCE STORAGE CONDITIONAL USE PERMIT EXHIBIT," prepared by American Engineering,dated September 1, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "PROVIDENCE STORAGE LANDSCAPE PLAN," prepared by American Engineering,dated September 1,2016,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building shall substantially adhere in appearance and materials to the four renderings entitled, "OCEAN STORAGE PROVIDENCE RD.VIEW FROM NORTH EAST,VIEW FROM NORTH WEST,AERIAL VIEW FROM NORTH EAST,and VIEW FROM SOUTH EAST,"all prepared by GMF and Associates and dated September 29, 2016 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 5. When the site is redeveloped,the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals,residential dwellings,auto repair,or any other purpose not consistent with the storage of goods. There shall be no exterior(outside)storage of items on the property. 6. There shall be no permanent dumpster located on the site. 7. Any onsite signage 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. 8. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance,size and materials to the submitted freestanding sign exhibit Item#4 Providence Storage, L.L.C. Page 2 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 4. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 4 for consent. Thomas Minton appeared before the Commission on behalf of the applicant. r-L-111-- , 'I --........... 1 ___--------_----. I ‘ \ % 1 \ \ t_.-----1 1 .....-- 1 0 ----'111411111 0 .--- .. . , . . ‘ . , „ \a . ..- \ --- tei o iilligi , 0 cf\?” -1 s\\----------' :\\ \ • :.- . ::.-_,I •73= _ k. CI\ --- , 1 Ill ,---".- \. \\ (IP \ .-C--'" 1 \ 1: \ , 0: \ 3 fr 1 , 1 • i i •0 0 . \ k--•\ . \-\--:: L--._ E---- r----r- --1 i C7 _ . _____ -________) \ , ------11 _...._______ r-Jr .-7 ....„..1 II AP 14 IIVILIIIIL . r 0 • 0 D<> a 40/ 14.e I. I ? 1 1 . rPi' rn Rai 1 i 0 cull"' mli ._.------1 i, •$'' 1 i L i / 0 -.- ,,__ r? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORTH LEGEND OUTFITTERS, LLC [Applicant] Conditional Use Permit (Home Occupation—Firearm Sales)2005 Meredith Road(GPIN 1469979112). COUNCIL DISTRICT— BAYSIDE MEETING DATE: December 13, 2016 • Background: The applicant requests a Conditional Use Permit for a Home Occupation to sell custom high-end rifles built on an individual basis, and a limited amount of outdoor and firearm related accessories from the existing single-family dwelling. Sales will be conducted on a referral and Internet sales basis. No signs or advertisements are proposed for the property. • Considerations: All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery by the applicant's signature, as is required by law. No packages containing such products will be left without properly being transferred to the owner. All federally controlled items will be stored in secured steel vaults. The applicant also has an electronic security system. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. North Legend Outfitters, LLC Page 2 of 2 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Departments Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building of any building on the property or within the yard of the property. 5. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no more than one (1) employees, other than the home owner, on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. {—' Submitting Depaftme�Agency: Planning Department "Ylrn.in l G City Manager: 7 'NIBApplicant North Legend Outfitters, LLC Agenda Item Property Owner Benjamin D. Lindborg Public Hearing November 9, 2016 City Council Election District Bayside 8 Virginia Beach Request _ Conditional Use Permit (Home Occupation– ��/ _ Firearm Sales) i0 o I ,...0,00.6. R Staff PlannerV. g 3 - C•"bia',ca Road Jimmy McNamara t i .,,,o„ u k` Location w •c.°^ ,,, 2005 Meredith Road �= vamRo�d p t GPIN ""'� A 1469979112 Li t, 6 Site Size """•�•a 17,987 square feet a ,, AICUZ _ / Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North 1� Single-family dwelling/ R-10 Residential 4114 South - _ . ,, :_; Single-family dwelling/ R-10 Residential +A a East �� ► 1 Meredith Road ii ° ' Single-family dwelling/ R-10 Residential r=ir West 0 .' \ Single-family dwelling/ R-10 Residential i 1 VI - 1l' - 1 �` Air North Legend Outfitters, LLC Agenda Item 8 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Home Occupation to sell custom high-end rifles built on an individual basis, and a limited amount of outdoor and firearm related accessories from the existing single-family dwelling. • Sales will be conducted on a referral and internet sales basis. No signs or advertisements are proposed for the property. • Commercial delivery of firearms will not occur at a rate greater than what is normally anticipated in a neighborhood setting. All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery by the applicant's signature, as is required by law. No packages containing such products will be left without properly being transferred to the owner. • All federally controlled items will be stored in secured steel vaults. The applicant also has an electronic security system. • In addition to this Conditional Use Permit,the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. A report will be written by the Police Department and a copy will be provided to the applicant. 1 B-2 110 Oti.71117- -io Zoning History _ # Request CUP(Communication Tower)Approved 10/10/2006 • R-10 •Srli _o ` l ROacl- o 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 North Legend Outfitters, LLC Agenda Item 8 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's 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. (p 1.61) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed and a portion of the site appears to be located within the Chesapeake Bay Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay watershed. As no changes are proposed to the site, no impacts are anticipated. There do not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic No Count Data 6,200 ADT1(LOS°"C") Existing Land Use Z—10 ADT Meredith Road Proposed Land Use 3—Minimal Available 11,100 ADT 1(LOS""E") increase anticipated 1 Average Daily Trips 2 as defined by a single- 3as defined by 4 LOS=Level of Service family dwelling Public Utility Impacts Water and Sewer The currently connects to City water and sanitary sewer services. Evaluation and Recommendation Section 234 of the Zoning Ordinance specifically addresses standards that regulate Home Occupations: (a) Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however,this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No sign shall be permitted. However, as an exception,the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1)sign, not to be illuminated or to exceed one (1)square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke,glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes,tourist homes, massage parlors, radio or television repair shops,auto repair shops, or similar establishments. North Legend Outfitters, LLC Agenda Item 8 Page 3 The proposed request to operate a Home Occupation— Firearm Sales business from the existing single-family dwelling, in Staff's opinion, will not change the character of the neighborhood, as it is a very low intensity use. The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As stated previously,the Virginia Beach police department will conduct a security assessment of the home. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used; • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms, firearm supplies,firearms parts, and money may be stored • If there are children in the home, the assessing officer will review safety measures as it pertains to firearms and the children. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building of any building on the property or within the yard of the property. 5. Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no more than one (1) employees, other than the home owner, on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. North Legend Outfitters, LLC Agenda Item 8 Page 4 8. The home occupation shall not create noise, dust,vibration, smell, smoke,glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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. North Legend Outfitters, LLC Agenda Item 8 Page 5 Site Photo . . • ..: .., • :" ' ‘.2." ' • "I' • . - :„ .1, .... ... . , . . .. . .. -,-,-,, .-. • *w LIL1-1-1 ., i. - . 1- • L _ ... ,,... .• .. . ... , North Legend Outfitters, LLC Agenda Item 8 Page 6 Disclosure Statement Virginia Beach APPLICANTS NAME North Legend Outfitters,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 BAopaxNalsf Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board 1/ Conditional Use Permit License Agreement Wetlands Board a The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • a SECTION 1 / APPLICANT DISCLOSURE roa Carr uw Derr - r ., Pagelof7 0 APPlCAN, NaTiriro or NO CHANGES AS or PP ISIONS SUBpiliitn I/ � —1` /�/f Jimmy McNamara mr 4 p„ i g North Legend Outfitters, LLC Agenda Item 8 Page 7 Disclosure Statement Virginia Beech ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT I5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_North Legend Outfitters, LLC If an LLC, list all member's names: Benjamin D.Lindborg If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list/f necessary) N/A See next page for infonnadon pertaining to footnotes[ and 2 a e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Proven.,owner is different from Applicant. ▪ Check here if the PROPERTY OWNER IS NOTa 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:Benjamin D. Lindborg If an LLC, list the member's names:N/A Page 2 of North Legend Outfitters, LLC Agenda Item 8 Page 8 Disclosure Statement . B Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list/f necessary) NIA (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation indirectly owns shares possessing more than 50 directlyor percent of the voting paver of another corporation.' See State and Local Government Conflict of Interests Act.Va. C Code§2.2-3101. 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary the other relationsh ip, that l a exists when III g own rbusiness entity has a controlling ownership ownIntent the hor business tsa controlling t res In one entity also a controlling ng owin the other entity, e fid there is shared management or control between the business entities. that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantia ly the same person own or manage the two entities;there are common or commingled funds or assets; the business entitles 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 dose working relationship between the entities.See State and Local Government Conflict of Interests Act, Va.Codes 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subiect of the eradication 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 North Legend Outfitters, LLC Agenda Item 8 Page 9 Disclosure Statement APPLICANT Virginia YES NOI SERVICE I PROVIDER Ienwelrbnd.h..0 al mewl ❑ M Accounting and/or preparer of your tax return ❑ I� Architect/Landscape Architect/ /L� Land Planner Contact Purchaser(If other than ❑ ® the Aooikan0-identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchasers service providers) ZConstruction Contractors D 115:q Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Z Legal Services f' I� Real Estate Brokers/ I 9 Agents/Realtors for current and anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development 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? N/A Page 4 of 7 North Legend Outfitters, LLC Agenda Item 8 Page 10 • Disclosure Statement ...„ Virginia Bach 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 Manning Commission, Council, VEDA meeting or meed of any public body or committee in connection with this �gio �jCANT Benjamin D. Lindborg IFIDATE f4 AMLIUNr' IUTUR[ PRIM NAME Page 5 of i North Legend Outfitters, LLC Agenda Item 8 Page 11 Disclosure Statement OWNER v; is Beach YES NO SERVICE PROVIDER tus..eeldenai sheen if weed) ❑ ISI Accounting and/or preparer of VAI your tax return 0 ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than theAnolkano-identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchasers service providers) ❑ ® Construction Contractors 0 M Engineers/Surveyors/Agents Financing(include current Penny Mac Mortgage AR ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 9 0 Legal Services Real Estate Brokers/ ❑ ri 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? N/A Page 6 of 7 North Legend Outfitters, LLC Agenda Item 8 Page 12 Disclosure Statement IB VirginiaBeach CFRTIFICATION: 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 AP li ation. 'A L4 ` Benjamin D.Lindborg OtSFIyee PRO - o .✓ GNAANPF PUNT NAME DATE Page 7 or J North Legend Outfitters, LLC Agenda Item 8 Page 13 Item#J8 North Legend Outfitters, L.L.C. Conditional Use Permit 2005 Meredith Road District 4 Bayside November 9,2016 REGULAR Jeff Hodgson: I will now ask the Secretary,the acting Secretary to please call the first item. Dee Oliver: Alright. Thank you. Our first item to be heard today is North Legend Outfitters, L.LC. This is an application of North Legend Outfitters, L.L.C.for a Conditional Use Permit(home Occupation -fire arms)on property located at 2005 Meredith Road, located in the Bayside District. And, do we have a representative here? Jeff Hodgson: Good afternoon. Benjamin Lindborg:Good afternoon. Benjamin Lindborg. Dee Oliver: Hi. Jeff Hodgson:Would you like to give an overview of your application? Benjamin Lindborg: Okay. So basically, I am seeking the permitting from the City to obtain a Federal Fire arms License and special occupation tax to build custom rifles and massive depressors to a very specific group of individuals. It is not going to be an advertised business, pretty much word of mouth,and on an individual basis through a consultation. There is not going to be things in stock for people to come browse, and look at. We would be working with the ATF and comply with them completely. There is not going to be any signs or alterations to the property. There is not going to be any loud noise or manufacturing smoking or any of those types of things. Commercial deliveries will not increase and that is basically just the gist of it. Jeff Hodgson: Are there any questions for Mr. Lindborg? Thank you sir. Mr. Ripley? Ronald Ripley: Will you have displays in your house? Benjamin Lindborg: No sir. I've got two large steel safes that everything will be locked up. Everything will be on an individual consultation basis. Ronald Ripley: So,when they come in to browse,they will go the safe or will items will be looked at. How is that going to work? Benjamin Lindborg:The consultations are usually done through pictures over the Internet showing them what's been done before. The kind of pictures of what we've built so far. There won't actually be any stock on hand for them to just pick out really what they want. Jeff Hodgson: Everything is going to be fully customized? Benjamin Lindborg: Yes sir. Jeff Hodgson: Mr.Wall? Item k8 North Legend Outfitters, L.L.C. Page 2 Jack Wall: I've got a question. Can you explain a little bit of what these firearms are? I know customized builds. Benjamin Lindborg: They are mostly side rifles and I guess according to the license, it is going to be a manufacturing license. There is not actually going to be any machinery on hand to manufacture things. Their definition of manufacturing comes through as putting parts together as manufacturing. Jack Wall: So, it is taking parts from an order and just putting them together as one. Benjamin Lindborg: Yes sir. Jack Wall: Okay. Jeff Hodgson: Is there anybody else? Thank you sir. Dee Oliver: We have one speaker in opposition. Mr. Charles H. Wood. Jeff Hodgson: Good afternoon. Charles A.Wood: Thank you. Dee Oliver: Could you please state your name for the record. Charles A. Wood:Charles H.Wood. I am a resident of the Lake Shores area over in Bayside where this facility will be located if approved. There are a very few businesses that are suitable for intrusion in a residential neighborhood. And, I really feel that gun-sales, is not one of them. The media lately here, in the last couple of weeks in our area, have shown numerous gun sale facilities have been broken into, and guns stolen. Also,we do have kids in the neighborhood and I live on the street that leads into Meredith, which is the main drag,which is one of the main drags onto Lake Shore. It is a very short street,three blocks. But even the residents consider the 25 MPH speed limit just a suggestion, so I really don't like the idea of more outsiders coming down the street. I'm not looking forward to more traffic. So, I really just speak against this. There are numerous commercial facilities within a few hundred yards of this place,so;there are other facilities available for this business. Thank you. Jeff Hodgson: Are there any questions for Mr.Wood? Thank you sir. Charles Wood: I appreciate your time. Jeff Hodgson: Mr. Lindborg,would like to come and address any of his concerns? Benjamin Lindborg: Sure. I realize his kind of worried about the increase traffic. There really isn't going to be any increase traffic as far as knowing what's in the neighborhood. It will just be individual, probably no more than one or two people a month, if even that,depending on my day job,so the increase traffic should not really be an issue. As far as me working out of a commercial site within the neighborhood, I don't really have the means to do that as far as starting a small kind of business.The cost would be prohibitive to give me the ability to do this. Jeff Hodgson: If you're unable to get your FFL,would you customers have to go to an authorized FFL retail to bring up their firearms. Benjamin Lindborg: Correct. Item#8 North Legend Outfitters, L.L.C. Page 3 Jeff Hodgson:So,there is a chance they may never make it to your house. I mean,you're applying for your FFL. Benjamin Lindborg:Correct. Jeff Hodgson: And if you don't get that,can you still so this business in your house because the customers can't pick it up. Benjamin Lindborg: So, I would not be able to do the transfer of the actual gun parts so they would have to go to,and I've kind of been doing it though my friends and testing it out,they just go to an legitimate gun store,and pick up their receiver and we kind of talk about it and do it that way right now. Jeff Hodgson: Mr. Inman? Mike Inman: You said this is a part-time occupation? Benjamin Lindborg: Yes sir. Mike'man: Hobby? Part-time?Okay. How do you make your services known that you are a dealer. Benjamin Lindborg: It is basically word of mouth through the community I work in is very pro-gun friendly and a lot of guys we like working with their own stuff,and building their own. I give them the options to come over and build it with me so I can get the feel for what's actually going into it,and a better understanding of their product. Mike Inman: Are you going to be doing any advertising. Like internet advertising or mail advertisings? Benjamin Lindborg: No sir. Mike Inman:The location of it. Benjamin Lindborg: Absolutely not. Jeff Hodgson: Are there any other questions? David Weiner: Jeff? Jeff Hodgson: Mr.Weiner? David Weiner: You said they have been testing it out a little bit and doing it on the side already at other places. Benjamin Lindborg: Yes. I've actually been building these for about six years just on my own as a hobby like you were saying. I get a lot of friends who are just interested in doing it as well. Since I have the tools to do this,they kind of come by and we just go over it just as friends. David Weiner: How many transactions a month do you think? Benjamin Lindborg: One to two, if even that. Item#8 North Legend Outfitters, L.L.C. Page 4 Jeff Hodgson: Is there anybody else? Thank you very much. Benjamin Lindborg: I appreciate you. Jeff Hodgson: There are no other speakers? Dee Oliver:There are no other speakers. Jeff Hodgson: We will close the public hearing and open it for discussion amongst the Commission. Mr. Horsley. Donald Horsley: I think we questioned staff this morning that we approved several of these over the last year or so on home occupation on sale of fire arms, and they said they haven't had any complaints? Is that correct? Jimmy McNamara: We've obtained no concerns or any complaints at this time,to our knowledge. Donald Horsley:That is what I thought. This is not the first one that we've done a hand full of them over the last year, I'm pretty sure. It is not anything and I think the neighbor should be concerned about in the matter in which this is done. So, I don't really have a problem with it. Jeff Hodgson: Mr. Redmond? Dave Redmond: Mr.Chairman, I move approval of the application. Donald Horsley: I'll second it. Jeff Hodgson: A motion made by Commissioner Redmond for approval and second by Commissioner Horsley. Mr. Weeden. AYE 10 NAV 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission has approved the application of North Legend Outfitters, L.L.C. Jeff Hodgson:Thank you both for coming out. — 1 ---L,f '--- ic / CSII < T.— u 4. ) _, , ri , \ le - , , , - 0 . - h r j ' • IL\ ...• - *IF-- - I CU I 116 - -- - 45, it . a 4.(;). 414C ,Appr,..-6111# 11,1 • 4., * , / ' .4 4* -2 ' ' ''a 4:7-7' ' '/' ..4 400 00/ ''..414111 o.r1/4'. Vir 4) ' AC,40:frt 0 Lill. 11-11: . 400 ' 1111111141::# > > • 10c-13.\--)011111'' it.', . it?,__,. .. L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW DAY CHURCH [Applicant & Property Owner] Conditional Use Permit (Religious Use) 4080 Foxwood Drive (GPIN 1486011792). COUNCIL DISTRICT— ROSE HALL MEETING DATE: December 13, 2016 • Background: The New Day Church is requesting a Conditional Use Permit for a Religious Use. The less than half an acre site was recently purchased by the church and contains an existing 4277 square-foot building. This site was designated on the Timberlake Land Use Plan as a "Commercial Use." In 1994, a modification to the Land Use Plan to allow a Religious Use on this site was approved in 1994. Even though a church has used the building since 1994, a Conditional Use Permit for a Religious Use has never been acquired for the site. According to the application, the sanctuary provides seating for up to 115. Sunday services are held at 10:30 a.m. and various church activities will be held during the week. No changes are proposed to the site layout or to the building's exterior, with the exception of signage proposed above the entrance and the addition of a freestanding monument sign. • Considerations: The proposed Conditional Use Permit for a Religious Use is consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with the surrounding neighborhood with respect to use, type, size, intensity, and relationship. The site has adequate landscape screening and parking. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The number of occupants shall be established by the Building Official's Office during the issuance of the Certificate of Occupancy. New Day Church Page 2 of 2 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 3. The proposed building sign and monument sign shall be as depicted on page 7 of this report. All sign(s) shall meet the requirements of the Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - tgency: Planning Department \ I • City Manager: vvv Applicant & Property Owner New Day Church Agenda Item Public Hearing November 9, 2016 City Council Election District Rose Hall 5 r;..r Virginia Beach Requestc,4.; `,.�,° f °�,w` Conditional Use Permit (Religious Use) r R � '°N 4, Staff Planner `°>�° ', �/ t' 1 Robert Davis S ' �'' / ,m;`0./.. I 1 _O Location �.. , ` 4080 Foxwood Drive /PC, , . ? 4 GPIN 3 1486011792 °°'o,, Site Size , 3 col .N4'04 4 i .404 Acre " �°- ° ' ' `' a AICUZ „ ;. �a �� x Less than 65 dB DNL t° Existing Land Use and Zoning District Religious Use/PD-H1 Planned Unit Development „- ,i40,..4 ,..1 Surrounding Land Uses and Zoning Districts ' `' • 11'-'”+ '� ` ' North `-• •i* `� Townhomes/PD-H1 Planned Unit Development �',, . " South 4.. ,,,.*. , :rWindsor Oaks Boulevard . �' F Single-family dwellings/ PD-H1 Planned Unit 'N•4 . Development \?". -A..., _4 /East , . • South Independence Road «1`'. , Convenience Store/PD-H1 Planned Unit , ' 0,' , `_ Development • ✓ s West - - .1;' i Foxwood Drive �,,w 4 _ `,+* , , • - a ,-; Single-family dwellings/PD-Hi Planned Unit Development New Day Church Agenda Item 5 Page 1 Background and Summary of Proposal • The less than half an acre site contains an existing 4,277 square-foot building located at 4080 Foxwood Drive and was previously designated on the Timberlake Land Use Plan as a "Commercial Use." A modification to the Timberlake Land Use Plan to allow a Religious Use on this site was approved in 1994. • Even though a church has used the building since 1994, a Conditional Use Permit for a Religious Use has never been acquired for the site. • The church recently purchased the site and proposes to use the entire building. • According to the application, the sanctuary provides seating for up to 115. Sunday services are held at 10:30 a.m. Various activities are held during the week, including meetings and rehearsals. • No changes are proposed to the site layout or to the building's exterior, with the exception of signage proposed above the entrance and the addition of a monument sign. *s\ 4 _._ , 4 4. , ...„,„... , 440 04, • . „ ,:, A-12* .o, '\. Zoning History 10, \_12F1-/ • �, # Request PD-H11 MOD(Timberlake LUP) Approved 12/06/1994 OW- # • 4 V/ 2 CRZ(A-12, R-7.5 to PD-H2(A-12))Approved 07/10/2001 . .. �� .„,. 41111 , ®PD-H1 \ / z. 4 PD-W1N 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. 3— 10) New Day Church Agenda Item 5 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. As the site is almost entirely impervious, there does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Blvd 32,064 ADT 1 31,700 ADT (LOS '"E") 2 Existing Land Use -49 ADT Windsor Oaks Blvd 6,781 ADT 1 9,900 ADT 1(LOS°"D") Proposed Land Use 3 49 ADT 1 Average Daily Trips 2 as defined by based on 3 as defined by based on 4,750 square- 4 LOS=Level of Service 4,750 square-foot church. foot church. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Independence Boulevard in the vicinity of this site is a four-lane divided minor arterial. The MTP designates this arterial as an ultimate four-lane divided facility within a 145-foot right-of-way with a multi-use trail and access control. There are currently no CIP projects to upgrade this roadway at this time. Windsor Oaks Boulevard is two-lane undivided major collector. It is designated by the MTP as an ultimate four-lane undivided facility within a 115-foot right-of-way,with a multi-use trail. There are currently no CIP projects to upgrade this roadway at this time. 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 Religious Use is consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with the surrounding neighborhood with respect to use,type, size, intensity, and relationship.As the church will be located within the existing structure, no exterior changes to the building or to the site are proposed. The site has adequate landscape screening and parking. According to Traffic Engineering Staff,the proposed use at this location will have no impact on the nearby intersection of South Independence Boulevard and Windsor Oaks Boulevard. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The number of occupants shall be established by the Building Official's Office during the issuance of the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department. New Day Church Agenda Item 5 Page 3 3. The proposed building sign and monument sign shall be as depicted on page 7 of this report.All sign(s)shall meet the requirements of the Zoning Ordinance. 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. New Day Church Agenda Item 5 Page 4 Site Layout • , °O / : /4 • 4 _/ ,�,, \,, C .) A- ' \ ',r'",y I P " , 1, , `T' t At. n \ . 9 / _ ioit$ - , i, ,. . 4,41* ' N C",\ 9t, i *N ,' V ♦. , a , CD II t (.4.) • - ' 0 ",', ,.: -,:. r V. • `6 4111 1,;;' s ; ;ink‘ t r.. N 01111y!. . A 1 r .` 1 46, la� J ., New Day Church Agenda Item 5 Page 5 Site Photos a. . •_ e F • ''illtiiiirra.6,- :tp), • .-. .1.. .4.'::''r ' ' '-4, 0. +1 . • • Ili El I [ W LiAllttIF 4 1 SII 7. R � :. ,. III 21 22 +77 . vii WI i . i 0 P .'...., . — _0 ii ---, a ii 0 0 [ Li H -.-. • New Day Church Agenda Item 5 Page 6 Proposed Signage 0 $ NewDay CHURCH ©WALL SIGN: INTERNALLY LIT 4 , NewDay i CHURCH • Service Times - Sunday 10.30am Pastor Name 4080 ®O/F FREESTANDING SIGN. INTERNALLY LIT TWO (2) LINES OF SIX (6) INCH ZIP TRACK ZIP PANELS: SERVICE TIMES. PASTOR NAME New Day Church Agenda Item 5 Page 7 Disclosure Statement Virginia Beach APPLICANTS NAME (hew Dail GhN✓a- 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 APPeaIs Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance onditional Use Permit License Agreement Wetlands Board The disclusuLLs u :rtr.Lr.' i.. ll,:= P. _ .._.. .._ . It_ I..'_ . �.. fit.r .:f ' -t ' 'r Virginia law. • SECTION 1 / APPLICANT DISCLOSURE .F in, oe Page l of t „Li Fit [aNo L H A - - I all/aof4 40 Robert Davis REll9ONS sr. o New Day Church Agenda Item 5 Page 8 Disclosure Statement XB Virginia Beach Check here If the APPLICANT 15 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:New Day Church If an LW,list all member's names. If a CORPORATION,list the the names of all officers,directors,members, trustees. etc.below: (Attach list if necessary) Pastor Rich Pickens.Mrs.Anne Pickens,Mr.Curtis lioessly(Deacon),Mr.Jason Sustarsic(Elder) ON List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aoeliram. Check here if the PROPERTY OWNFR IS NOTa corporation,partnership,firm, business,or other unincorporated organization. 1 Check here if the PROPERTY OWNFR IS a corporation,partnership,firm, business,or other unincorporated organization,AND MIN,complete the following. (A) List the Property Owner's name. If an LLC.list the member's names: Page 2 of 7 New Day Church Agenda Item 5 Page 9 Disclosure Statement .... B wrgIn(a Beach If a Corporation,list the names Mall officers.directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner: (Attach list if necessary) Parentsubsidiary relationship' means 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' relationship, other than parentsubsidiary relationship,that exists when(0 one business entity has a controlling ownership Merest in the other business entity,Up a controlling owner In one entity is also a controlling owner in the ocher entity,or (ii,) there if shared management or control between the business entities tenors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person oven or manage the twu 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 othervnse a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 233101. H- SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 5ubiect of the apolication or Inv 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 Day Church Agenda Item 5 Page 10 Disclosure Statement APPLICANT virjiu [YES I NOI [_ SERVICE [TROVIDERi erotliewed sheers if In I1 ® Accounting and/or preparer of your tax return X14 ❑ ArchIUtt/Landscape Architect/ Seep- NeIGsF60G$ Land Planner Contract Purchaser at other than ❑ ® the Anolkang-Identify purchaser and purchasers service providers Any other pending or proposed ❑ ® (identify purcharchaser of thesed')anproperty purchaser's service providers) /���1 0 Construction Contractors • MG MA*TheW' fv )STWJ Par�J/�cV d1AaI Engineers/Surveyors/Agents 5r5fl Cocw/pan Financing(include current Jell Smith weeks loan) �t^fytp ��,IYY ® ❑ selecctedo ngage holders and uidereedr to • I ' li provide financing for eceu sition or construction of the propeny) • ® ❑ Legal Services Charls Memo Real Estate Brokers/ 0 ® Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 ® art 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 • New Day Church Agenda Item 5 Page 11 Disclosure Statement NB vicginla Beach c FRTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council,VEDA meeting, or meeting of any public body or committee in connection with this Application. aelCAN yd.mi 43Clikrid9deent. AINr NAME G DATE Page s of New Day Church Agenda Item 5 Page 12 Item#6 Ivy League Academy Modification of Conditions 4413 Wishart Road District 4 Bayside October 12, 2016 CONSENT An application of Ivy League Academy for a Modification of Conditions to a Conditional Use Permit for a Private School approved by City Council on September 15,2015 on property located at 4413 Wishart Road, District 4, Bayside. GPIN: 1478-66-6381-0000. CONDITIONS 1. A maximum of 200 students,or as otherwise determined by the Building Official's office, shall be permitted to enroll each year. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 6. AYE 11 NAYO ABSO ABSENTO HODGSON AVE HORSLEY AVE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 6 for consent. Deborah Zollos appeared before the Commission on behalf of the applicant. iQ i I i _____ 1 1 ii 41. Li I - - __ _i 1 __ 4 :TTT _ r i 8 i .e.. _ EIMOIS: --lkis, F plklsc. . . ;,,,,, N ri _______ I_ _ , . •____.. w � ,, i' \_,_ 0 ., 1 ......_.,. ._ C 0 \\\\\\ j-il —_ 0; i N to 01 i\ • l /_f ro0 =„y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANCHOR INNOVATION, INC. [Applicant] ANCHOR ASSEST MANAGEMENT Group, LLC [Property Owner] Conditional Use Permits (Facility for Construction, Maintenance and Repair of Boats; Bulk Storage Yard) 532 Central Drive (GPIN 1496787609). COUNCIL DISTRICT— BEACH MEETING DATE: December 13, 2016 ■ Background: The applicant requests a Conditional Use Permit for a Facility for the Construction, Maintenance, and Repair of Boats and a Conditional Use Permit for a Bulk Storage Yard for the storage of boats awaiting repair. General boat maintenance and repair services for government and commercial boats will be performed onsite within the two, existing, adjoined steel buildings. Services will include repair of electrical systems, installation of electronics and accessories and maintenance of boat engines. A 14-foot overhead door is proposed in the rear of the site and is not visible from the right-of-way. All boat repair and maintenance will take place within the buildings. Boats awaiting repair will be temporarily stored within a fenced area on a concrete pad, thus a Conditional Use Permit for a Bulk Storage Yard is also requested. • Considerations: The subject site is located along Central Drive and is within the greater than 75 dB DNL noise zone and the Accident Potential Zone 2. Within an industrial park, on industrially zoned property is exactly where these types of repair and storage uses should be located. The applicant requests a deviation to the Category VI screening, which includes a solid fence, minimum height of six feet, with evergreen plants located along the outside of the fence. Staff supports this deviation as a row of mature vegetation exist along both the eastern and southern property lines that currently provides adequate screening of the bulk storage area. The rear yard, where the bulk storage area is proposed, is completely enclosed by an existing chain link fence. A second deviation is proposed to Section 201(2) of the Zoning Ordinance that states that chain link fences shall be permitted only if Category I landscaping is installed between the entire length of the fence and the public right-of-way. The applicant has modified their request consistent with this requirement. Anchor Innovation, Inc. Page 2 of 3 Staff recommends that the above deviations be permitted through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds this request to be adequate and does not anticipate any negative impact to the adjacent properties if this deviation is approved. Further details pertaining to the request, as well as Staffs 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 10-0, to recommend approval of this request. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout plan, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. All boats awaiting repair shall be stored either within the building or within the Bulk Storage Area designated on the submitted site layout plan. No boats shall be stored in between the building and the Central Drive right-of- way. 3. The Bulk Storage Yard shall only be used for the storage of boats. No outside storage of equipment, parts or materials shall be permitted. 4. All boat repair shall occur within the building. 5. The portion of the existing fence enclosing the Bulk Storage Yard that is visible from Central Drive shall be replaced with a solid fence, six feet in height. 6. Landscaping consistent with the submitted site layout plan shall be installed. Any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 7. The applicant shall obtain a Certificate of Occupancy prior to the operation of the site as a boat repair facility. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Anchor Innovation, Inc. Page 3 of 3 Submitting Dep. me I , gency: Planning Department er ,,, J City Manager: ii �\\7,_____ I Applicant Anchor Innovation, Inc. Agenda Item Property Owner Anchor Asset Mgmt. Group, LLC Public Hearing November 9, 20166 City Council Election District Beach Virginia Beach Requests - ,-Jur , IMC, n,bs, i Conditional Use Permits (Facility for the �� r Construction, Maintenance, & Repair of Boats; Mventu,o*rad Bulk Storage Yard) Bullock Aal iBroth(reek lane I Staff Planner 1 CM4erDriv Jimmy McNamara , = Z Guard..lane i q >75 dB DNL o Q Location kI s 532 Central Drives ytwt Krt,, 1 ►pyyttlon Road m GPIN 41496787609 �u North Mall Odve �.- Site Size \C- 41. 0.99 acres AICUZ R•.d .. N,",Road Naw 1 70-75 dB DNL;APZ 2 Existing Land Use and Zoning District Industrial warehouse/ 1-1 Light Industrial "1:' y Ovaiii Surrounding Land Uses and Zoning Districts North .: I • ri. Central Drive Industrial warehouse/ 1-1 Light Industrial ' ° ��_ South z , Industrial warehouse/ 1-1 Light Industrial ,r.,. . i • F• v ��. .. • c�� East `4. �'i I. -sis k lar Office/ 1-1 Light Industrial i� ; �' -' West Industrial warehouse/ 1-1 Light Industrial . ''r r, I , � _ — - a r' ' P IF Ili' t t . - .. , Anchor Innovation, Inc. Agenda Item 6 Page 1 NIP Background and Summary of Proposal • The subject site is located along Central Drive and is adjacent to other industrial uses.The site is located in the greater than 75 dB DNL noise zone and the APZ 2 and consists of two adjoined steel buildings,totaling approximately 9,500 square feet. • The applicant requests a Conditional Use Permit for a Facility for the Construction, Maintenance, and Repair of Boats and a Conditional Use Permit for a Bulk Storage Yard for the storage of boats awaiting repair. • General boat maintenance and repair services for government and commercial boats will be performed onsite. Services will include repair of electrical systems, installation of electronics and accessories and maintenance of boat engines. A 14' overhead door is proposed in the rear of the site and is not visible from the right-of-way. All boat repair and maintenance will take place within the buildings. • Boats awaiting repair will be temporarily stored within a fenced area on a concrete pad,thus a Conditional Use Permit for a Bulk Storage Yard is requested. • Repairs are scheduled by appointment only to minimize the number of boats on the site. Typical hours of operation are proposed as 7:00 a.m.to 5:00 p.m., Monday through Friday, and by appointment on Saturdays. It is anticipated that up to five employees will work onsite. • The site layout depicts the installation of foundation plantings and additional street frontage plantings to bring the property into conformance with the standards set forth in the City of Virginia Beach Landscaping Guide. • The rear yard, where the Bulk Storage Yard is proposed, is completely enclosed by an existing chain link fence. The eastern and southern property lines have a row of mature vegetation that provides adequate screening of the area, and as such, the applicant is requesting several deviations in regards to fencing and screening of the Bulk Storage Yard. Section 201(2) of the Zoning Ordinance states that chain link fences shall be permitted only if Category I landscaping is installed between the entire length of the fence and the public right-of-way. The applicant has proposed installing a green vinyl coated chain link fence with a privacy screen for the portion of the fencing that faces the public right-of-way. Also, Section 228 requires that all Bulk Storage Yards be enclosed by a fence and Category VI landscaping. As the required Category VI landscaping is not depicted on the site layout,a deviation to this requirement is requested. Anchor Innovation, Inc. Agenda Item 6 Page 2 2 w 1 o Zoning History A Central Drive # Request \ j vg I — 1 CUP(Communication Tower)Approved 01/23/1996 992 2 CUP(Automotive Repair Garage& Bulk Storage) 1-1 , — Approved 10/12/2006 3 CUP(Communication Tower)Approved 02/10/1998 - CUP(Communication Tower)Approved 12/12/1995 4 CUP(Bulk Storage Yard)Approved 03/13/2001 I Production 12oa , ri , 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 Special Economic Growth Area (SEGA) 2—West Oceana. Much of this area is subject to existing Navy restrictive easements. Recommendations for this area include high quality site, landscape and building design. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Central Drive 5,790 ADT' 6,200 ADT'(LOS°"C") Existing Land Use 2—52 ADT 11,000 ADT'(LOS°"E") Proposed Land Use 3-52 ADT 'Average Daily Trips 2 as defined by one-acre of Sas defined by one-acre of light °LOS=Level of Service light industrial business industrial business Public Utility Impacts Water and Sewer The site is currently connected to City water and sanitary sewer service. Anchor Innovation, Inc. Agenda Item 6 Page 3 Evaluation and Recommendation This request for a Conditional Use Permit for a Boat Repair Facility and a Bulk Storage Yard is consistent with the Comprehensive Plan in regards to compatible land uses with NAS Oceana as well as with the Land Use Compatibility Table referenced in Section 1800 of the Zoning Ordinance for uses within the greater than 75 noise zone. Light industrial uses such as the proposed requests are consistent with other uses in the immediate vicinity, and provide an opportunity for upgrades to the site related to plant material and screening. The applicant has proposed multiple improvements that will bring the site into compliance with City standards for street frontage and foundation landscaping, however, a deviation to Section 201 (2) of the Zoning Ordinance that requires any chain link fencing be screened with Category I landscaping between the fence and the public right-of-way is requested. The applicant proposes to replace the existing chain link fence facing the road with a green vinyl chain link fence and a privacy screen. Staff, however, recommends a condition that will require a solid fence, six feet in height, rather than the chain link with the screen. In Staff's experience,the screen deteriorates rapidly, resulting in a deficient solid screen. The applicant has stated that they feel the proposed chain link fence with a privacy screen will sufficiently screen the Bulk Storage Yard from the right-of-way. The applicant also requests a deviation to address the lack of Category IV landscaping around the Bulk Storage Yard, as is required by Section 228 of the Zoning Ordinance. Given the existing vegetation on the site and the industrial nature of the area, Staff recommends that a deviation to this requirement be permitted through the provisions of Section 221 (i) of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds this request to be adequate and does not anticipate any negative impact to the adjacent properties if this deviation is approved. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout plan,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. All boats awaiting repair shall be stored either within the building or within the Bulk Storage Area designated on the submitted site layout plan. No boats shall be stored in between the building and the Central Drive right-of- way. 3. The Bulk Storage Yard shall only be used for the storage of boats. No outside storage of equipment, parts or materials shall be permitted. 4. All boat repair shall occur within the building. 5. The portion of the existing fence enclosing the Bulk Storage Yard that is visible from Central Drive shall be replaced with a solid fence,six feet in height. 6. Landscaping consistent with the submitted site layout plan shall be installed. Any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 7. The applicant shall obtain a Certificate of Occupancy prior to the operation of the site as a boat repair facility. Anchor Innovation, Inc. Agenda Item 6 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. Anchor Innovation, Inc. Agenda Item 6 Page 5 Proposed Site Layout U . . - Y... ti+r..- Y..z Yr r.-I Y j 0.9' ✓' P�'•INN LINK flNCE IOP.—_.p1®fl'e'a( ' NV-RAP C -Tam_`Q-ID,. Vii ,'..•- -- ..—_errA- __ I41? PEQAIEAdbE roil* (9/%) 1' i7•1 MANaw 4-'1'14 SAfF15 ii ....40t Bulk Storage Yard 'tum.i. .. i 10 r Solid vinyl fence, six j , a'CUM /r feet in height k a toNrei;sKg ror�, \ i K IP-'51.1"4� / ' r 32rt � 4'F,w- 14 io Wako G' Gi = NZ4 � � a +� ) u X /�Y tNSfD+PFR j x v / • mon --1.1 11, CetE Pao \ � 11'xit Ov�Irk DOOM itA>►�r(foN ? \ / �ti \ / 400 &Wits id/ «�1A� • n.a,l4 c11PrA�) A • / \ P enP z , . •f / \ 8 i)1 5; I.0• :{ �� .. v OMC O INE M10K MOKiµ ISM ;_1 _ (.�v.._.-1 k� 4 / 6 i e _L AM NKAP _ r RAW / 5000 CD: >o r. 0 CU �, l[ fi . wAw o R .t.r.°L./ NA RN C..I K•T VAIAI O ate • - 1,474.37 TO — S 89.00 58 W 146.23 .„4,A=8.77' LONDON BRIDGE ROAD - 09 R-320.00• >~NW ARS R)!AU.WSW ZONE■ CENTRAL (60') DRIVE MAIM 700-+rM noonANI Aa 9Now Anchor Innovation, Inc. Agenda Item 6 Page 6 Site Photos Iii I Anchor Innovation, Inc. Agenda Item 6 Page 7 Disclosure Statement / Cigmia Beach APPLICANT'S NAME /tnTMOr /navithh /ham, 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 g Exce•tion for (EDIP) Changes Board of Zoning Encroachment Request Rezoning cls Certificate of Floodplain Variance Appropriateness - - Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE • Page 1 of 4!} — _ (zli fc, Jimmy McNamara Anchor Innovation, Inc. Agenda Item 6 Page 8 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPI(CANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Anchor Innovation 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) Steve Palmer, CEO;Chris Powell, President;Jambe Palmer,Vice-President (B) List the businesses that have a parent-subsidiary t or affiliated business entity a relationship with the Applicant: (Attach list if necessary) Anchor Risk Group, LLC(Anchor part owner);Anchor Asset Management Group, LLC(affiliated business entity) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner it different from Applicant. D Check here If the pROPFRTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. m Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:Anchor Asset M$mnl. Group, LLC If an LLC,list the member's names: Page 2 of 7 Anchor Innovation, Inc. Agenda Item 6 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) Steve Palmer.Managin Partner-30% Jamie Palmer, Partner-25% Chris Powell,Partner-25%r Paul Hoffman,Partner-20% (B) List the businesses that have a parent-subsidiary t or affiliated business entity relationship with the Property Owner: (Attach list if necessary) Anchor Innovation, Inc. (affiliated) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of interests Act,Va. Code§2.2 3101. 'Affiliated business entity relationship" means 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,ar OH) there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles:there are common or commingled funds ar assets;the business entitieshare 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 S 2.1.3101. • y SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Woliratio0 or Inv 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 SEPERATELV Page 3 of J Anchor Innovation, Inc. Agenda Item 6 Page 10 Disclosure Statement APPLICANT Virgin_1a Beach HIS] NOI SERVICE PROVIDER(uuaddhtonat sheets If needed) 0 Z Accounting and/or preparer of your tax return ' Architect/Landscape Architect/ Land Planner ® I Contract Purchaser(If other shad) the Applicant)-identity purchaser and purchaser's service providers Any other pending or proposed Anchm Asset Management Group Zn purchaser of the subject property LLC (identify purchaser(s)and purchaser's service providers) n ® Construction Contractors n ® Engineers/Surveyors/Agents Financing(include current -- ❑ ® mortgage holders and lenders selected or being considered to • provide financing for acquisition or construction of the property) E 0 Legal Services Real Estate Brokers/ Ricky Anderson,Suburban Mgmnt ® ❑ Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the Interest? Page 4 of 7 Anchor Innovation, Inc. Agenda Item 6 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Chris Powell 8/24/2016 APfUCaNrs S,INATURE PRINT NAME DATE Page 5 of Anchor Innovation, Inc. Agenda Item 6 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use wmen&sheds if ❑ Z rAccounting and/or preparer of Me Iyour tax return O ® Architect/Landscape Architect/ Land I Contract Purchaser(if other than ❑ 0 the Applicant)-identify purchaser and purchaser's service providers - Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchasers service providers) a n Construction Contractors IMid-Atlantic Bldg Services ❑ ® Engineers/Surveyors/Agents Financing(include current Southern Bank Z ❑ mortgage holders and lendersidewa er Business FinanceCop selected or being considered to (SBA) provide financing for acquisition or construction of the property) ❑ Legal Services Wolcot Rivers Gates(Kyle Kae) Real Estate Brokers/ Rickey Anderson,Suburban Mgmnt. ® ❑ Agents/Realtors for current and anticipated future sales of the subject property a a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have i ❑ km an interest In the subject land or any proposed development ��� I contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Anchor Innovation, Inc. Agenda Item 6 Page 13 Disclosure Statement Vii Virginia Reach ITpRTIFCATION: hat all of the Information contained in this Disclosure Statement Form is ,true,and accurate. tand that, upon receipt of notification that the application has been d for public hearing, I am responsible for updating the Information herein two weeks prior to the Planning Commission, Council, VEDA , or meeting of any public body or committee in connection with this ion. Stephen Palmer 8/24/2016 PROPERTY OAHERY vcNATURE PRINT NAME _ DATE _ I Page 7 of Anchor Innovation, Inc. Agenda Item 6 Page 14 Item q6 Anchor Innovation, Inc. Conditional Use Permit 532 Central Drive District 6 Beach November 9,2016 CONSENT An application of Anchor Innovation, Inc.for a Conditional Use Permit (Facility for Construction, Maintenance and Repair of Boats and Vessels& Bulk Storage)on property located at 532 Central Drive, District 6,Beach. GPIN: 1496-78-7609-0000. CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout plan,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. All boats awaiting repair shall be stored either within the building or within the Bulk Storage Area designated on the submitted site layout plan. No boats shall be stored in between the building and the Central Drive right-of-way. 3. The Bulk Storage Yard shall only be used for the storage of boats. No outside storage of equipment, parts or materials shall be permitted. 4. All boat repair shall occur within the building. 5. The portion of the existing fence enclosing the Bulk Storage Yard that is visible from Central Drive shall be replaced with a solid fence,six feet in height. 6. Landscaping consistent with the submitted site layout plan shall be installed. Any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 7. The applicant shall obtain a Certificate of Occupancy prior to the operation of the site as a boat repair facility. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 6. AYE 10 NAY O ABS O ABSENT 1 HODGSON AYE HORSLEY AVE INMAN AYE KWASNV AVE OLIVER AVE Item#6 Anchor Innovation, Inc. Page 2 REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 6 for consent. Stephen Palmer appeared before the Commission on behalf of the applicant. 7 .J.,' a 2 0 Ce i ,/•- , 7 : , NI \ ,. , \,, N y9 \ CO \ ,...- , 7,-- . .• . ,,- .• . ,-• , z z.,-- s`a• , . 0 - • „--, . .,......, da ,-, • _.: i. .c....7„. ,•-- , ___.- p7., •-7•17 . _ N WIP\ c CO . . \,..7 ,-'. inC‘il • k ./-----) .> Z :0 .--n 7 '',----" -- . ..\ <,. 0 111... \ 0 \..7 Flo 11%4:111111ihllIllIlIllih'd N rip ri 4,40,19 P ri _1 L__j n .,..,. L . op a .. -----1 1 0 1---- - I '.... .\\,,,. _....0 • seplgt_ a/1 ..... _ _ - .,, ,,,\ ‘ON —moo: 'M. 1 ____--- N. 71> /0 rL__----_____j : • 4 V-. \________ .„._ , . _-----1\i 0 t-n------ii .. \-,---\.. N .. ,.. tn , .c. 4... ... . .. „. ..,, %1• , .C..1... .'''.1J.. 4 , •!t•.-1. r — , ..: , •, . i . _• . . I%74. it; `4t‘c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EMIL YUSUBOV [Applicant] MUSTAFA ZAATUT [Property Owner] Conditional Change of Zoning(AG-2 Agricultural District to Conditional B-2 Community Business District) & Conditional Use Permit (Motor Vehicle Sales) 1249 Oceana Boulevard (GPIN 2415491603). COUNCIL DISTRICT— BEACH MEETING DATE: December 13, 2016 • Background: This parcel currently contains an abandoned single-family dwelling. This is a request to rezone the parcel to Conditional B-2 Community Business District with the intention of developing the site as a used car sales lot. As such, a Conditional Use Permit for Motor Vehicle Sales is also requested. The proposed site layout depicts four single-story structures. Two of these structures will be visible from the right-of-way and are proposed to be constructed with a brick exterior and architectural shingle roof. These structures will serve as the showroom and as an office building. The other two buildings will be located in the rear of the site and will be constructed predominately with vinyl siding. These buildings will be enclosed by a solid vinyl fence, six feet in height, and used as an employee break room and as a four-bay workshop where vehicles will be prepped before being displayed on the lot. A significant amount of plant material is proposed along the perimeter of the site and along the frontage along Oceana Boulevard. • Considerations: The site is located within Segment 2 of the proposed "Southeastern Parkway and Greenbelt" (SEPG) as designated by the Primary Roadway Network Plan Map. In light of results of a traffic modeling study, Staff determined that Segment 2 of the SEPG, which includes the subject property, would deliver minimal impact to the City's transportation network and recommended removing Segment 2 of the SEPG from the Master Transportation Plan (MTP). The MTP has not been amended as of yet, however, Staff anticipates a future amendment that will remove Segment 2 from the MTP, and thus, make this request consistent with the Comprehensive Plan and the MTP. This proposal will remove an incompatible residential use from the greater than 75 dB DNL, which is the highest noise zone, and replace it with a compatible use. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. Emil Yusubov Page 2 of 3 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. Any onsite signage 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. 2. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 3. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONDITIONAL REZONING EXHIBIT FOR AUTOMOTIVE SALES LOCATED AT 1249 OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA" dated July 12, 2016, prepared by Gallup Surveyors and Engineers, LTD. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 6. Motor vehicles on display shall only be parked within the display areas shown on the Rezoning Exhibit referenced in Proffer 1 above and shall be limited to a total of 50 motor vehicles. 7. No motor vehicles shall be parked in areas designated for fire lanes in the Rezoning Exhibit referenced in Proffer 1 above, nor shall any vehicle impede or block access to the site. 8. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Oceana Boulevard, nor shall it impede the normal flow of traffic on Oceana Boulevard at any time. 9. No automobile repair or body work shall take place on the site. The four-bay shop in the rear of the site shall only be used for the cleaning and detailing of cars in preparation for sale. Emil Yusubov Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. • e =ency: Planning Departmentci `, 3 City Manager: \ IP �ja Applicant Emil Yusubov Agenda Item Property Owner Mustafa Zaatut Public Hearing November 9, 2016(Previously Deferred on 10/12/16) r;,r City Council Election District Beach D3 Virginia Beach Requests Conditional Rezoning (AG-2 to Conditional B- 2) APZ1 Conditional Use Permit (Motor Vehicle Sales) Niers Rob Staff Planner ic ..,,„,,,,,,v. Jimmy McNamara Aon o .75 OBONL 1,eP s SON o a Location Prowl Canon Run S. 1249 Oceana Boulevard Northern Dancer Ron ,:�` GPIN Oa k;Rio �,,� 2415491603 1e,e,Run Site Size 39,225 square feet AICUZ Greater than 75 dB DNL Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts t '14,‘, l" North Automobile service station/AG-2 Agricultural �` .�T .-. • •' South IT' s Wooded lot/ B-2 Community Business t East . 1 Oceana Boulevard 4 r r. . Wooded lot/R-5D Residential Duplex t7f, West \ •• Single-family dwelling/AG-2 Agricultural •> N )114.4 ' It h, t , -• ' ii -, s , .. ,. . , Emil Yusubov Agenda Item D3 Page 1 Background and Summary of Proposal • The applicant requests to rezone the subject parcel from AG-2 Agricultural District to Conditional B-2 Community Business District for the purpose of redeveloping the site as a car sales lot. As such, a Conditional Use Permit for Motor Vehicle Sales is also being requested. • The proposed site layout depicts one ingress/egress along point Oceana Boulevard. There is an existing single- family dwelling on the property that will be removed. A total of four new buildings are proposed to include a showroom building and office building, which will be visible from the public right-of-way. The elevations for these two buildings depict a brick exterior with an architectural shingle roof. An office and break room building and a four-bay repair structure will be located on the rear of the property, and will not be visible from the right- of-way. The elevations of these buildings are depicted with an exterior of predominately vinyl siding and an architectural shingle roof. • A service area and employee parking area are proposed at the rear of the site. A six-foot solid vinyl fence is proposed to enclose these areas. The proposed four-bay repair shop will be used for detailing and prep work. No automobile repair work or body work will be done in this area. • A significant amount of new plants will be installed on the site. This material includes a six-foot wide buffer along the perimeter of the site, a 10-foot wide streetscape planting area, display area plants, and building foundation landscaping. • The 15 parking spaces are depicted on the exhibit and include two ADA accessible spaces, consistent with requirements of Section 203 of the Zoning Ordinance for onsite parking for automotive sales and service. A-12 •� y d AG dOV • 1 'A R-60 Zoning History .75°'G"` # Request A-12 1 CUP(Bulk Storage Yard)Approved 09/10/1984 Oa{� L \ \\ �4l -t R 6D B-2 Dark Star Run 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 Emil Yusubov Agenda Item D3 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value,and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential uses with respect to type, size, intensity, and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 ADT (LOS 4"C") Existing Land Use 2—10 ADT Oceana Boulevard 32,751 ADT' 27,400 ADT'(LOS°"E") Proposed Land Use 3- 169 ADT 'Average Daily Trips 2 as defined by a single- Sas defined by car sales with eight °LOS=Level of Service family dwelling employees Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Oceana Boulevard in the vicinity of this application is considered a four-lane divided, minor urban arterial. The existing infrastructure currently resides in a 120-foot and variable width right-of-way. The MTP proposes a four-lane facility within a 110 to 145-foot right-of-way. Currently,this segment of roadway is functioning over-capacity at a Level of Service F. The 'Primary Roadway Network Plan Map'shows the alignment for the proposed "Southeastern Parkway and Greenbelt (SEPG)" passing through this area. The current alignment for the SEPG was established in 2005 as part of the preparation of the Environmental Impact Statement (EIS). That alignment is located directly through the entirety of the subject site, as depicted on the exhibit on page 11 of this report. CIP project#2089000 is an ongoing item that reflects the preliminary design phase and limited site acquisition for the SEPG. This CIP budget reflects the City's initiative to preserve the roadway corridor. The adjacent property to the south of the subject parcel has been acquired by the City for preservation of the corridor. Public Works Staff briefed the City Council at the October 18, 2016 in regards to the future viability of the SEPG in light of the results of a traffic modeling study. As a result,Staff has determined that Segment 2 of the SEPG,which includes the subject property, would deliver minimal impact to the City's transportation network and recommends removing Segment 2 of the SEPG from the MTP. Emil Yusubov Agenda Item D3 Page 3 1111111 'rri Subject Site dgr g1- 022r.. w,„ fla Public Utility Impacts Water The site must connect to City water. There is an existing 12-inch City water main along Oceana Boulevard. Sewer The site must connect to City sewer. There is an existing eight-inch City gravity sewer main along Oceana Boulevard. Evaluation and Recommendation The requests to rezone this parcel from AG-2 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit for Motor Vehicle Sales are, in Staff's view, consistent with the Comprehensive Plan's recommendations pertaining to compatibility with the surrounding land uses. The proposal removes an incompatible residential use from the Greater than 75 dB DNL noise zone and replaces it with a compatible use. These requests, however, are not consistent with the current Master Transportation Plan's (MTP) proposed location of the Southeastern Parkway and Greenbelt (SEPG), as this site is located entirely within the proposed right-of-way. Staff briefed City Council on October 18, 2016,to review the findings of an updated traffic modeling study. The results of the study indicate minimal impact to the City's transportation network and recommends removing Segment 2 of the SEPG from the MTP. As a result of the briefing to City Council, Staff anticipates an amendment to the MTP that will remove this portion of the SEPG, and thus will make this request consistent with the MTP. The proposed site layout provides adequate screening of the property from the right-of-way. This portion of Oceana Boulevard is heavily traveled and a low level-of-service. To institute proper access management, only one access point is Emil Yusubov Agenda Item D3 Page 4 proposed for this site. To ensure the site provides safe ingress/egress and traffic flow and to guarantee an orderly arrangement of vehicles for sale, Staff has recommended a condition limiting the number of cars displayed for sale on the site to 50. To further these expectations,the condition also prohibits the display of vehicles within the drive aisle. The proposed brick buildings are small in scale and will be consistent with similar car sales operations along Oceana Boulevard. The rear of the site,where the cleaning and detailing of cars for sale will take place, is depicted to be enclosed by a six-foot high, solid vinyl fence that will adequately screen all service related activities. The proposal exceeds the minimum requirements for screening and in Staff's opinion,the plantings will assist in screening the more intense uses of this request from the right-of-way and will, in turn, improve the appearance of the site. As stated previously, no repair work or body work can take place on the site without a modification of the Conditional Use Permit. Based on the above, Staff does recommend approval of this request subject to the submitted proffers and conditions listed below. Proposed Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, in order to achieve a coordinated design and development of this motor vehicle sales center in terms of limited vehicular access, parking, landscape buffering, and building layout,the Exhibit entitled, "Rezoning Exhibit for Automotive Sales Located at 1249 Oceana Blvd. Virginia Beach" dated July 12, 2016, and prepared by Gallup Surveyors and Engineers, LTD, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rezoning Exhibit") shall be substantially adhered to. Proffer 2: When the property is developed,vehicular ingress and egress shall be via one (1)entrance from Oceana Boulevard. Proffer 3: The architectural design of the buildings depicted on the Concept Plans will be substantially as depicted on the Rezoning Exhibit entitled "BUILDING ELEVATIONS", undated, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Elevations"). The exterior building materials shall be those designated on the Elevations. Proffer 4: When the property is developed, its use shall be limited to motor vehicle sales, as depicted on the Rezoning Exhibits. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Emil Yusubov Agenda Item D3 Page 5 Staff Comments: The proffers listed above are acceptable. They provide assurance that the development of the site as a motor vehicle sales lot will be as depicted on the proffered site layout and elevations. They also guarantee that the buildings will be constructed with the materials listed on the submitted elevations. Recommended Conditions 1. Any onsite signage 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. 2. There shall be no decorative pennants,feather flags,streamers, air dancers, inflatables or other similar advertising items located on the site. 3. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. Prior to final site plan approval,a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONDITIONAL REZONING EXHIBIT FOR AUTOMOTIVE SALES LOCATED AT 1249 OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA" dated July 12, 2016, prepared by Gallup Surveyors and Engineers, LTD. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 6. Motor vehicles on display shall only be parked within the display areas shown on the Rezoning Exhibit referenced in Proffer 1 above and shall be limited to a total of 50 motor vehicles. 7. No motor vehicles shall be parked in areas designated for fire lanes in the Rezoning Exhibit referenced in Proffer 1 above, nor shall any vehicle impede or block access to the site. 8. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Oceana Boulevard, nor shall it impede the normal flow of traffic on Oceana Boulevard at any time. 9. No automobile repair or body work shall take place on the site. The four-bay shop in the rear of the site shall only be used for the cleaning and detailing of cars in preparation for sale. 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. Emil Yusubov Agenda Item D3 Page 6 Proposed Rezoning Exhibit .,.T.,.t...v.K EAVla!OTHERS) G. 196.0.7' a s'.lMC. 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' A — -iv.a.16-' '- ••- ... . ... ,A . . • -.._ -- - Emil Yusubov Agenda Item D3 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME E iti ( V' Ll f 4 b o y DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program 9 Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE TR Ott USE UNIT/All eadn.n.rs ow;Or lmntiro L o 12)wrri.Pr.mlo a w ] Page l of 7 v1111 1.ei9lon and Lia Counnl meetmy,Ip,netamk to the apple a,mnit) 0 RPPI(CANT NO1111ED OF HEARING ]ATI' J NO CHANCES AS OF MAl[ IL/l/ 107f✓✓a Jrmmy McNamara I�I{ RN6IONS AIRMITTEO DAIE_ JJs. Emil Yusubov Agenda Item D3 Page 11 • Disclosure Statement Virginia Beach Check here if the APPLICANT Is NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. G /} (A) List the Applicant's namer__tc f�.._J__��yy _ u�V V If an LLC, list all member's names: 1/J If a CORPORATION, list the the namesesof all officers, directors, members, trustees, etc. below: (Attach list if necessary) 4/fir (8) 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 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Property owner is different from Aoolican(. X Check here if the pROPFRTY OWNER IS NOT a corporation,partnership, firm, business,or other unincorporated organization. D Check here if the PROPERTY OWNER IT a corporation, partnership, firm, business,or other unincorporated organization, AND THEN complete the following. ,,r�'I/ ,p ,Q (A) List the Property Owner's name:_zoliki I2JL./f an/97-47- If n/9TIf an LLC,list the member's names: 442/212 �— — Page 2 of 7 Emil Yusubov Agenda Item D3 Page 12 Disclosure Statement vpgWa 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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parentsubsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary that exists when(g one business entity has a controlling ownership interest'insthe 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 entitles.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.23101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the Subject of the application or any business overatina 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 SE PERATELV Page 3 of Emil Yusubov Agenda Item D3 Page 13 Disclosure Statement a . APPLICANT Virginia Bea YES NO SERVICE PROVIDER fuse additional sheets it headed) ❑ f (' Accounting and/or preparer of your tax return ..,r 90 ❑ Architect/Landscape Architect/ r p•vf, '✓ jam �V Land Planner et Contract Purchaser(if ocher than ❑ the Aoolicant)-identify purchaser and purchaser's service providers Adeipending or proposed .- ❑ purchaser of the subject property (identifypurchaser(s)and purchasers er'rs service providers) ❑ Construction Contractors Tt91• 1�I ❑ Engineers/Surveyors/Agents Mna".'f'svaV� Financing(include current ❑ rq mortgage holders and lenders Vy selected or being considered to provide financing for acquisition or construction of the property) CZI 0 legal Services ;:k4 Real Estate Brokers/ y es, Bourdon,Ahern and L:vy ❑ rt71 Agents/Realtors for current and f�Y 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 ikan 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 Emil Vusubov Agenda Item D3 Page 14 Disclosure Statement A Virginia geseb 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 tw• weeks prior to the Planning Commission, Council, VEDA meeting, or m�,4 g of any public body or committee in connection with this APPlication. i I dot xso_40,. 00- APPUGANT SIGNATURE J PRINT NAME DATE Page 5 of 7 Emil Yusubov Agenda Item D3 Page 15 Disclosure Statement 014 ari NLi E+ .... OWNER Virginia Beach YES NO SERVICE PROVIDER(an additional sheets If ❑ tb1 Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-Identify purchaser and purchasers service providers / Any other pending or proposed ❑ (XI purchaser of the subject property ww�� (Identify purchasers)and purchaser's service providers) pa❑ Y" Construction Contractors ❑ Engineers/Surveyors/Agents -- Financing(Include current ❑ rpi mortgage holders and lenders sp+ selected or being considered to provide financing for acquisition or construction of the property) ❑ L1j Legal Services Real Estate Brokers/ ❑ 111Agents/Realtors for current and anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N I 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 Emil Vusubov Agenda Item 03 Page 16 Disclosure Statement Yo®ou 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, PIMA meeting, or meeting of any public body or committee In connection with this Application. MbiS4CI Cq Znnfrut 7/28/16 PROPS TV OWN ' AN PRINT NAME DATE Page 7 of 7 Emil Yusubov Agenda Item D3 Page 17 Item#D3 Emil Yusubov Conditional Use Permit Conditional Rezoning 1249 Oceana Boulevard District 6 Beach November 9,2016 CONSENT An application of Emil Yusubov for a Conditional Use Permit (Motor Vehicle Sales)and a Conditional Rezoning(AG-2 Agricultural District to Conditional B-2 Community Business District)on property located at 1249 Oceana Boulevard, District 6, Beach. GPIN: 2415-49-1603-0000. CONDITIONS—CONDITIONAL USE PERMIT 1. Any onsite signage 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. 2. There shall be no decorative pennants,feather flags,streamers,air dancers, inflatables or other similar advertising items located on the site. 3. Any freestanding sign shall be monument style with a brick base that matches the building,and shall be no taller than eight feet as measured from the ground to the top of the sign. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. Prior to final site plan approval,a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONDITIONAL REZONING EXHIBIT FOR AUTOMOTIVE SALES LOCATED AT 1249 OCEANA BOULEVARD VIRGINIA BEACH,VIRGINIA"dated July 12, 2016, prepared by Gallup Surveyors and Engineers, LTD. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 6. Motor vehicles on display shall only be parked within the display areas shown on the Rezoning Exhibit referenced in Proffer 1 above and shall be limited to a total of 50 motor vehicles. 7. No motor vehicles shall be parked in areas designated for fire lanes in the Rezoning Exhibit referenced in Proffer 1 above, nor shall any vehicle impede or block access to the site. B. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Oceana Boulevard, nor shall it impede the normal flow of traffic on Oceana Boulevard at any time. 9. No automobile repair or body work shall take place on the site. The four-bay shop in the rear of the site shall only be used for the cleaning and detailing of cars in preparation for sale. Item#D3 Emil Vusubov Page 2 PROFFERS—CONDITIONAL REZONING Proffer 1: When the Property is developed, in order to achieve a coordinated design and development of this motor vehicle sales center in terms of limited vehicular access, parking, landscape buffering, and building layout,the Exhibit entitled, "Rezoning Exhibit for Automotive Sales Located at 1249 Oceana Blvd.Virginia Beach"dated July 12,2016,and prepared by Gallup Surveyors and Engineers, LTD,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Rezoning Exhibit")shall be substantially adhered to. Proffer 2: When the property is developed,vehicular ingress and egress shall be via one(1)entrance from Oceana Boulevard. Proffer 3: The architectural design of the buildings depicted on the Concept Plans will be substantially as depicted on the Rezoning Exhibit entitled "BUILDING ELEVATIONS", undated,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Elevations"). The exterior building materials shall be those designated on the Elevations. Proffer 4: When the property is developed, its use shall be limited to motor vehicle sales,as depicted on the Rezoning Exhibits. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item D3. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Item#D3 Emil Yusubov Page 3 Ed Weeden: By a vote of 10-0,the Commission approved item D3. Eddie Bourdon appeared before the Commission on behalf of the applicant. 13*;Vi >P CITY OF VIRGINIA BEACH 11 INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9724 DATE: November 30, 2016 TO: Mark D. Stilesy� DEPT: City Attorney FROM: .B. Kay Wilson'"" DEPT: City Attorney RE: Conditional Zoning Application; Emil Yusubov The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 13, 2016. I have reviewed the subject proffer agreement, dated August 12, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom EMIL YUSUBOV,APPLICANT MUSTAFA ZAATUT, OWNER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 12th day of August, 2016, by and between EMIL YUSUBOV, Grantor, party of the first part; MUSTAFA ZAATUT, Grantor, party of the second party; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the City of Virginia Beach containing approximately 39,225 square feet, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is referred to as the"Property"; and WHEREAS, the party of the first part is the Contract Lessor of the parcel described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Unconditional AG-2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometime incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the GPIN: 2415-49-1603-0000 (1249 Oceana Boulevard) Prepared by: R. Edward Bourdon,Jr., Esquire VSB 42216o Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirements by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successor in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development of this motor vehicle sales center in terms of limited vehicular access, parking, landscape buffering, and building layout, the Exhibit entitled, "Rezoning Exhibit for Automotive Sales Located at 1249 Oceana Blvd., Virginia Beach" dated July 12, 2016, and prepared by Gallup Surveyors and Engineers, LTD, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rezoning Exhibit") shall be substantially adhered to. 2. When the Property is developed, vehicular ingress and egress shall be via one (t) entrance from Oceana Boulevard. 3. The architectural design of the buildings depicted on the Rezoning Exhibit will be substantially as depicted on the exhibit entitled "BUILDING ELEVATIONS", undated, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (`Elevations"). The exterior building materials shall be those designated on the Elevations. 2 4. When the Property is developed, its use shall be limited to motor vehicle sales, as depicted on the Rezoning Exhibit. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, have been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority to (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed to the name of the Grantors and the Grantee. 4 (iranxtr4//e/4 (SEAL) Emil 1 usuboa S I A'll: 01. VIRGINIA, C;I"I Y OF VIRGINIA BLACII.to-wit: fhe foregoing instrument was acknowledged before me this 1 �-._ day of 2016 In \ A is S YQGV otxsa Notary Public VIs commission expired: Notary Registration Number: o�°wtl1°Ili igh .gseg L TtlV1ON11, ot: t0rLSaS�oon t,-, ONNp‘1d gyp. i% fl' NOSt"vv‘v` toorimii WITNESS the following signature and seal: 7/21 Grant i2 / lIS a /nzk iii Ad (SEAL) Mustafa Zaatut Cu STA Hi OF VIRGINIA. CITY OF VIRGINIA REACH, to-wit: t he foregoing instrument was acknowledged� � �dbefore me this 14. day of , 201.6 by C',U'S.y*-r-t"-y- 1i�._ Notary Public My commission expires: omuuum„ Notary Registration Number: `°0 0p9nd adlbl „,, za_.av Noll Zs*, ,,z , aowYouuv = \lOb.* LEGAL. DESCRIPTION FOR PROPERTY KNOWN AS 1249 OCEANA BLVD.,VIRGINIA BEACH, VA ALL "FEAT certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia known, numbered and designated as "Hazel C. Whitley". as shown on the plat entitled "AMENDED PLAT S11OMNG PROPERTY TO BE ACQUIRED FOR OCEAN BOCLLVAR]) & FIRST COLONIAL ROAD EXTENSION PROJECT BY TILE CITY OF VIRGINIA BEACH_ VIRGINIA FROM PARCEL 024 HAZEL C. N1IfILEY". dated Januar' 20. 1999. revised thru February 12, 1999, prepared hI Patton 1lanis Rust & Associates, PC, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map hook 275. at page 45, to which reference is made for a more particular description. LESS AND EXCEPT that properly recorded on 0907/1999 in Deed Book 4139, Page 1340. LESS AND I`SC1:Yf that property recorded on 041081999 in Deed Book 4061, Page 0322. SPECIFIC POWER OF ATTORNEY Applications for rezoning and conditional use permit) KNOW 111 MEN 3Y THESE PRESENTS! That the undersigned MJSTAFA ZM,_pT, frith hereby constitute and appoint EMIL YUSUBOV, as his Attorney for his and ir. _s name, place and stead, to undertake and to do all acts necessary to complete the conditional use permit and application for rezoning and related documents recurred for property known as 1249 Oceaae Blvd. Virginia Reach, Va. GEM 2415-49-1623-0000, including but not limited such action to: Exer_t_oc of all applications and disclosures 2; Execution of all forms, certifications, agreemenrs, or other writings required by the City of Virginia Beach 3; Execution of any contracts, proffers and any other required documents. HERSEY DECLARE that any act or thing done hereunder, by my said attorney-in-fact shall be binding on myself, my heirs, my legal and personal representatives, and assigns only insofar as they are consistent with the Gowers granted herein. I HEREBY RAT:FY all that my said attorney-in-fact shall lawfully do or. cause to be done by virtue of these presents. THIS POWER OF ATTORNEY shall not he affected by the subsequent disability or incompetence of the principal. FURTHER DECLARE that this power shall remain in effect even though am reported or listed, officially or otherwise, as "missing-in-:action", it being my intention that the designation of such status shall not bar my said attorney from fully and completely exercising and continuing to exercise any and all powers and rights herein granted until this Special Power of Attorney is revoked by my death or as otherwise provided herein. THIS POWER OF ATTORNEY CAN BE REVOKED OR TERMINATED ONLY BY A WRIT:Nc COMMUNICATED TO AND RECEIVED BY MY ATTORNEY-IN-FACT PRIOR TO M.°/OUR ATTORNEY- IN-FACT EXERCISING SUCH POWER. THIS POWER OF ATTORNEY SHALL EXPIRE: July 31, 2017. TN W:NNE'Sgg// 'HEREOF, the id, MUSTAFA ZAATOT has affixed n_s signature and deal this / day of 2016. CC UUUVVV���--.VVV✓✓✓'���✓ JI MOST:EA 'AAT": STAIR OETir)0;S CITY/COUNTY OF 6.004-1.4/Y , TO WTT: The forego_nd =strainers was acznowiedges before me Icay of Ab! 2C l by MUSTAFA ZAAT'UT. -0-1;12 NOTARY PCHLSC My Comicsss'oc Expires: (777ZZ/Zc/ —_ ; MICHASELblLeEE Texas as^ ♦0fi�e Notary tu �� My Gomm:ssion Exphes.7 July 11, 2078 -. our/ .,, .-%.:. , .. , „ \\ ) p Aki,„1.....s.„).„;„ iii ii _.,..y 01,,,, ,:.,..7..4,..4.ta,,,4„, , . . ovetv\tifit is.r!....; --.4,- iloil ditattimpiosAftp,‘ \\ , X TO '.I'. • k' 4440111111100 i $.4% 0. • ili ! 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V ,/ Q • / N ff114 CO .>°\m 7 0. c N.i i* 3 , "1" -' / / //////111111 / \ . \ o , \ A\*. , /AliiP \4", - ..;<tird- , c., 't 0 j r fu ti,S44"44q, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH /VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Change of Zoning (AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District) South side of Princess Anne Road between its intersection with Winterberry Lane and Tournament Drive (GPINs 1484882692; 1484879998 (portion of); 1494249673 (portion of); 1494370144; 1494273629; 1494 278234; 1494277224; 1494278187; 1494279027; 1494266819; 1494273399; 1494455995; 1494457855; 1494459734). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: December 13, 2016 • Background: In 2014, Mayor Sessoms established the Virginia Beach Biomedical and Health Sciences Task Force to explore the creation of a biomedical and healthcare hub in Princess Anne Commons. After conducting a market study, the Task Force examined the benefits of attempting to diversify the city's economy by enhancing the biomedical and healthcare industries. One of the major recommendations of the Task Force was the establishment of a Biomedical Park in Princess Anne Commons as an effective method for the promotion of those industries. Approximately 150 acres in Princess Anne Commons was identified by the Task Force as being the most advantageous location due to its proximity to existing biomedical, medical, and educational facilities in the immediate area. On April 5, 2016, the City Council authorized the conveyance of the site to the Virginia Beach Development Authority (VBDA) to facilitate the Authority's ability to promote the expansion of biomedical and healthcare businesses in the City. Additionally, as part of the FY2015-16 Operating Budget, City Council appropriated $1,000,000 to the Department of Economic Development to create a biomedical industry business development program, which it has successfully done. • Considerations: This application to rezone the property to Conditional I-1 will facilitate VBDA's ability to market the property. The I-1 District allows the type of research and medical activity anticipated for the Biomedical Park. Based on the recommendations of the Task Force, the primary areas of research being marketed for the Biomedical Park are diabetes, neuroscience, heart disease, and brain injury. City of Virginia Beach/VBDA Page 2 of 2 To ensure uses within the Biomedical Park are consistent with the type and quality desired, the proffers submitted with this application do the following: 1. Prohibits those uses that are allowed in the I-1 Light Industrial District but are inappropriate to the type and quality of development envisioned for the proposed Biomedical Park; and 2. Requires that all development be consistent in design and quality with the "Design and Development Guidelines — Princess Anne Commons Biomedical Park," a copy of which is included with the attached report. 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 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. / C\ Submitting Dep. q -n'Agency: Planning Department] City Manager: Applicant: City of Virginia Beach / Virginia Beach Agenda Item Development Authority liNfi3 Property Owner: City of Virginia Beach Public Hearing: November 9, 2016 1 0 Virginia Beach City Council Election District: Princess Anne Request t+a APZ2 4�e ° d APZ2 '73 CD DNL �\ c\'�t Conditional Rezoning (AG-1 and AG-2 M� 'moo; Agricultural Districts to Conditional I-1 Light a '� ��"°� .. .,d^m'`aM1 ` A NttNsirm —sos., - 1__ (Ms dDMe Industrial District) a 3 Staff Planner s 4 Stephen White ; 1110.4 0.75 S o Location 100 OWL (a) Parcel at the northeast corner of Landstown a % Road and Landstown Centre Way; (b) Parcels adjacent to the south side of Princess Anne Road between Winterberry Lane - and a point approximately 540 feet southeast of a'�t �� F its intersection with Tournament Drive. GPINs 1484882692; 1484879998 (portion of); r 1494249673 (portion of); 1494370144; �+ 1494273629; 1494 278234; 1494277224; .4-^..r444* s'�`' 1494278187; 1494279027; 1494266819; r �% 1494273399; 1494455995; 1494457855; `Illpr 1494459734 41410 .` .+s Site Size 145.78 acres 11 AICUZ itb �• 65-70 dB DNL (ITA); 70-75 dB DNL(ITA) ' Existing Land Use and Zoning District `l� Atc ; , v _ Agriculture;wooded areas;vacant recently .,1 ,,--t, �4<,��-. r ' �.e. ` disturbed land;stormwater management ponds —4 , '4- /AG-1 and AG-2 Agricultural Districts Surrounding Land Uses and Zoning Districts North Dominion Virginia Power Transmission Substation/AG-2 and AG-1 Undeveloped parcel/Conditional I-1 Industrial Healthcare facilities/Conditional B-2 Princess Anne Road Undeveloped parcels (2900 Block of Princess Anne Road); Masonic Lodge; SF Dwellings/AG- 2 City of Virginia Beach/VBDA Agenda Item 10 Page 1 Background and Summary of Proposal In 2014, Mayor Sessoms established the 'Virginia Beach Biomedical and Health Sciences Task Force'to explore the creation of a biomedical and healthcare hub in Princess Anne Commons. After conducting a market study,the Task Force examined the benefits of attempting to diversify the city's economy by enhancing our biomedical and healthcare industries. The Task Force determined that the creation of a Biomedical Park in Princess Anne Commons would be an effective method for the promotion of those industries. The property identified as being the most advantageous for the development of the Biomedical Park (BioPark) is the approximately 150 acres in Princess Anne Commons that is the subject of this rezoning request. The property is a portion of the approximately 1,192 acres of land known as Lake Ridge that the City acquired in 1995. On April 5, 2016, the City Council authorized the conveyance of the site to the Virginia Beach Development Authority (VBDA)to facilitate the Authority's ability to promote the expansion of biomedical and healthcare businesses in the City. Additionally, as part of the FY2015-16 Operating Budget, City Council appropriated $1,000,000 to the Department of Economic Development to create a 'biomedical industry business development program.'The Department now has such a program, and information about the program are online at http://vabeachbio.com/bio-corridor/. This application to rezone the property to Conditional I-1 will facilitate VBDA's ability to market the property.The I-1 District allows the type of research and medical activity that it is anticipated will occur within the BioPark. Based on the recommendations of the Task Force established by Mayor Sessoms,the primary areas of research being marketed for the BioPark are diabetes, neuroscience, heart disease, and brain injury. To ensure uses within the BioPark are consistent with the type and quality desired,the proffers submitted with this application do the following: 1. Prohibits those uses that are allowed in the I-1 Light Industrial District but are inappropriate to the type and quality of development envisioned for the proposed Biomedical Park; and 2. Requires that all development be consistent in design and quality with the "Design and Development Guidelines —Princess Anne Commons Biomedical Park," a copy of which is included with this report. City of Virginia Beach/VBDA Agenda Item 10 Page 2 Zoning History # Request 1 CUP (Outdoor Recreation)Approved 06/17/2016 2 CRZ(AG-1 to Conditional B-2)Approved 02/03/2009 -1,'' CUP(Recreation Facility)Approved 02/03/2009 iu,m'-. RSO - q `��\13.2. • �y, � "Q- v,* CRZ(Conditional B-2 and AG-1 to Conditional B-2) vG��� � a�` „ �"" �p Approved 06/17/2014 �.. i•__- iy� ... 1;:',4 - o /� t. -' ti t9 do. 3 CUP(Recreation Facility)Approved 02/03/2009 4 1, _l I_ _ 4 REZ(0-2, B-2, R-10, P-1, and H-1 to AG-1)Approved t.— „ ,,,,,,,.„, j r tel. +[+ ' 05/27/1997 ,3 j '.._ ..4.i.--, � Ag+, 5 CUP(Recreation Facilities—Multi-purpose Stadium) 5 70-75 ea /j� .'N : Approved 05/27/1997 / � .G_2 PP - - - 4 ,iIlp . yy g. 6 CUP(Recreation Facilities—Golf Course)Approved $. / j*`',, h ` 05/27/1997 AG-1 , 1 / ��� � ,r;;., 7 CRZ(AG-1&AG-2 to Conditional B-2 and 1-1)Approved • 1 f' ' 49 l 04/24/2012 ,,,, • CUP(Rehabilitation Facility)Approved 02/24/2012 �} 6 �” 8 MOD(Revision of proffers to allow CHKD facility) _.A i' �. , Approved 12/03/2013 9 CRZ(AG-2 to Conditional 0-2)Approved 05/14/2013 10 CUP(Public Utility Transmission Substation—Expansion) Approved 01/20/2015 11 CRZ(AG-1&AG-2 to Conditional R-10)Approved 01/05/2016 11111111111.11111 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 property is located with Princess Anne Commons, which the Comprehensive Plan designates as Special Economic Growth Area (SEGA)4. Princess Anne Commons is designated as a SEGA in recognition of its economic development opportunities based on the existing medical, research, entertainment, recreation, and athletic facilities in the area and the suitability of such uses within the Interfacility Traffic Area (ITA). Natural and Cultural Resources Impacts The property is a mixture of woods and agricultural fields. The agricultural areas consist of active fields as well as abandoned fields that are being mowed and maintained in grass. In the past, portions of the site were used for a tree and shrub garden nursery (Winn Nursery). There are drainage ditches associated with the agricultural and garden nursery activity, and the City maintains those ditches to ensure the fields do not begin holding water, and thus, potentially reverting to non-tidal wetlands. In 2015, a delineation of the non-tidal wetlands was completed in for the property, in anticipation of the proposed for the BioPark, as well as for the remainder of the northern portion of Princess Anne Commons.There are two areas of wetlands located within the BioPark property.Those areas will not be developed. Stormwater drainage for the BioPark will be required to meet the applicable regulations. There is no current definitive layout plan for the development of the BioPark,as it will develop over time similar to other industrial and corporate parks in the city. The BioPark, being located in and being an integral part of Princess Anne Commons, is being studied as part of the overall stormwater(and infrastructure) plan that will be recommended with the revision to the existing ITA City of Virginia Beach/VBDA Agenda Item 10 Page 3 and Vicinity Master Plan. There has been some initial work, particularly for the BioPark area. The location and extent of development within the BioPark will likely be impacted by the strategy for managing stormwater. Traffic and Utility Impacts The 2011 ITA and Vicinity Master Plan included analysis of and recommendations for the transportation and utility system based on a variety of land uses consisting of areas of light industrial, commercial, recreational, and a large mixed- use development. Transportation and utility planning for this area of the city is based on those recommendations, and in the past, was based on previous Comprehensive Plan recommendations. There are current infrastructure projects that are either in the planning phase or nearing construction that will serve this area. One such project is the improvement of Landstown Road from Landstown Centre Way to the 90-degree curve in the roadway to the south. Another project in the planning phases is the construction of the first phase of a roadway into the BioPark, intersecting with Landstown Centre Way. A portion of the right-of-way for the Southeastern Parkway and Greenbelt (SEPG) runs through the center of the proposed BioPark. The City Council was recently briefed about an analysis of the SEPG right-of-way, including an assessment of the potential alternative use of City-owned land within the right-of-way should the SEPG be removed from the Master Transportation Plan. One of the recommendations of the analysis is that the segment of the SEPG that is located in Princess Anne Commons should be retained as a transportation corridor. Such a recommendation retains the stability of the transportation planning that has been done for this area. While the City Council has been briefed on this analysis and the recommendations,the Council has not yet taken action, such as an amendment to the Master Transportation Plan, to implement the recommendations of the analysis. The current update of the 2011 ITA and Vicinity Master Plan will consider transportation scenarios that include the SEPG and an alternative (or alternatives). Evaluation and Recommendation Staff recommends approval of this request to rezone the subject site from AG-1 &AG-2 Agricultural to Conditional I-1 Light Industrial. The purpose of the rezoning is to allow controlled development of the site as a biomedical research and corporate park—the "VA Beach Bio Research Park." Development of such a park is consistent with the Comprehensive Plan. Page 1-107 recommends use of the area in the northern part of Princess Anne Commons, running parallel to Princess Anne Road, for a corporate park: "The Princess Anne Corporate Park is located on Princess Anne Road, between the Virginia Beach Sportsplex the Virginia Beach National Golf Course. It is intended to support ancillary uses to the medical and research institutions nearby in Princess Anne Commons and provides an opportunity for health and wellness related businesses. This area is also currently being planned to attract bio-medical research facilities." This application to rezone the property to Conditional I-1 will facilitate VBDA's ability to market the property.The I-1 District allows the type of research and medical activity that it is anticipated will occur within the BioPark. The sites of Operation Smile and LifeNet, which are similar in use to the uses being marketed for the BioPark, are zoned Conditional I-1 Light Industrial. In 2012, a site on the western side of Landstown Centre Way was rezoned to Conditional I-1 for office and research uses; however, that project was never constructed, as Dominion Virginia Power purchased the site for future use. The submitted proffers also require development within the BioPark to adhere to the "Design and Development Guidelines - Princess Anne Commons Biomedical Park." This is consistent with the development review process VBDA uses in other industrial and corporate parks in the city. A copy of the Design and Development Guidelines is included with this report. City of Virginia Beach/VBDA Agenda Item 10 Page 4 Proposed Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The following, which are listed in Section 1001(a) of the Zoning Ordinance as principal and conditional uses in the I-1 Light Industrial District,shall be the only uses permitted on the Property. Any principal or conditional use listed in Section 1001(a), but not listed below, shall not be permitted on the Property: a. Building-mounted antennas, as specified in Section 1001(a); b. Business, medical,financial, nonprofit, professional and similar office buildings; c. Communication towers, as specified in Section 1001(a); d. Fiber-optics transmission facilities; e. Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk; f. Printing, lithographic or publishing establishments; g. Public buildings and grounds; h. Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; i. Public utilities installations and substations including offices, as specified in Section 1001(a); j. Public utility transformer stations and major transmission lines and towers (fifty thousand (50,000) volts or more); k. Radio or television transmission and relay stations; I. Small wireless facilities, as specified in Section 1001(a); m. Vocational,technical, industrial and trade schools; n. Wholesaling, warehousing, storage or distribution establishments; and o. Wind energy conversion systems, as specified in Section 1001(a). Accessory structures and uses shall be permitted as set forth in Section 1001(b)of the Zoning Ordinance. Proffer 2: The architectural style, exterior building materials, and site design shall be substantially in accordance with the "Design and Development Guidelines—Princess Anne Commons Biomedical Park." 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. City of Virginia Beach/VBDA Agenda Item 10 Page 5 Proposed Site Layout This map is a conceptual plan developed for —ilk 1 the Department of Economic Development as � � ff`\` part of the marketing for the BioPark,and is `s ,_ __ 1-- / ? not proffered as part of this rezoning. It is only t _ �%` �_ �ii-��/ conceptual,providing a vision of how the ,7/4-----1 ' `, f BioPark could look at completion. As the plan - = is'conceptual,'the improvements depicted are illustrative and do not represent actual locations of roads,buildings or parking areas. Finally,there are versions of this concept plan Po 4, on websites and in other documents that 4o �� appear to show portions of development •• associated with the BioPark occurring on co �. 7 G4 . privately owned property. Please note that this Q�\� 4,frezoning application and the BioPark is limited ito property owned by the City of Virginia i Beach. <® ;t.°moo' or.: ,,, i ;;0 41 ''.iii 1'Y o ,'''''.4'- '...i' lea: •';''7.,,W•A)9. ' 1 .mho ®p ipi,1 i:010141,ord •' 4' 1'• ya 4 Y __..1.,.., tO ~ i� o #01... 1 r a.. r City of Virginia Beach/VBDA Agenda Item 10 Page 6 "BIRD'S EYE VIEW" OF CONCEPT PLAN • ✓ ��1 0\ 4 , ,/ \It,/ -„- ,,t' , i rmC . • _ s "J .1! Sd • //)/ / / i Sa / • AO?! '41 ..1 //lig IT, 0,11, 0*Xt./ .` Alt\ •Avik\ . ,,,ir . ,, .,, ' , : - ' -• = w r. '1. ,.' * iit('• '':•' ,e j • ' \' \ . 4'1 II/ , ilk% : '''ef; ; 4 $0. ,,,.. w 'e / ,t o � • ,.; &. �,ti te;, _ � 1\ pOPyp''1e gr .j �:' �✓/ �• •• ° , .,c fir. ,. 0 0.a �` ,,'� e- CIO'- -:$ s /. "�gr `'1 •. �i'.••�.b `o�, fes', ,1,,�0 mW i►'. UI;" 4 ; ,,3•;a , Iiia. ' � eAeO.P �� r.., itt y • l t, P••Iti P - City of Virginia Beach/VBDA Agenda Item 10 Page 7 Site Photos • • . . • • . . . • . • • • •,, .4s,- ‘t• :.--4-•.' '- 4,4-4 --,5 ''.._-'• . .• s -.-‘ -. •.,7,:•-<:4- _ , - Twa...r-._ • c,.. .,0,..4,04,-*.;:t.. #1,-4w, - ,. ,,„, .4.: _. . -.. • .,- - •• • - -4.----;4!-•.,* •%%1•1•,--:•-• --'• • ,g.• , . - -,-?P'(•••!' • -?"1•14.--. ••-, . J.• -*.- • - al NI NOW '-rt-Iti tipr , .. . . . •. _ . . _ . . ....... 0 . . ...., . . imr_ri Looking west into site from Tournament Drive —-- - ..xpliatt.4, 111111111111 411111,- iinkr.....04 ,t • •: ‘ .; - • ---- --W-.0: - • • -,- • ,......--.0"...4)-...,.-g,- • - • - . .,-. ",' -..,:"••=1,-1.-,,,;', -' 1,WilOgfr Looking northeast into portion of park located west of Looking east into site from Princess Anne Road Landstown Centre Way City of Virginia Beach/VBDA Agenda Item 10 Page 8 Disclosure Statement Virginia Beach City of Virginia Beach and APPLICANT'S NAME City of Virginia Beach Development Authority DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 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 Fe crcoumsTmoivo•,./,nnan_nuconoi I nnn, m m�.n,m icnrppianov. Page I of] AP PI CANT NO-KED OF REARING uvt F FtpvCHANCES ns u. DAI nArr aevts,sinvs s„nairrro omr 1e/ /10 i1/l X - - ---" _-- 1U/2 Mb / .AU! Stephen White City of Virginia Beach/VBDA Agenda Item 10 Page 9 Disclosure Statement Yugloia 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:Virginia Beach Development Aut 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 for a list of the officers (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 Emile if property owner is different from Applicant. n Check here if the PROPERTY OWNER I5 NOT a corporation, partnership, firm, business,or other unincorporated organization. X Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:City of Virginia Beach If an LLC, list the member's names: Page 2 of City of Virginia Beach/VBDA Agenda Item 10 Page 10 Disclosure Statement Mot high".Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) See attached for a list of the members of the City Council and Appointed Officials (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 o 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§22.3101. 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 (ili) 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 entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 22.3101. • , SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sublert of the application or any business ooeratino 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 City of Virginia Beach/VBDA Agenda Item 10 Page 11 Disclosure Statement Attachment to Disclosure Statement(Conditional Rezoning of VBDA from AG-2 to l-11 OFFICERS OF THE VIRGINIA BEACH DEVELOPMENT AUTHORITY(2016) David L.Bernd Linwood 0.Branch Bryan D.Coffee(Treasurer) Michael H.Levinson(Assistant Secretary) Stephen J.McNulty Jerrold L.Miller Shewling Moy(Secretary) Peter K.Mueller Charles M.Salle Joseph E.Strange Dorothy L.Wood(Chair) CITY COUNCIL OF THE CITY OF VIRGINIA BEACH William D.Sessoms,Jr.(Mayor) John Moss(At-Large) Louis Jones(Vice Mayor,Bayside) Amelia Ross-Hammond(Kempsville) Ben Davenport(At-Large) John Uhrin(Beach) Robert Dyer(Centerville) Rosemary Wilson(At-Large) Barbara Henley(Princess Anne) Jim Wood(tynnhaven) Shannon Kane(Rose Hail) APPOINTED OFFICERS Dave L.Hansen,City Manager Mark D.Stiles,City Attorney Ruth Hodges Fraser,City Clerk Jerald Banagan,City Assessor Lyndon S.Remias,City Auditor City of Virginia Beach/VBDA Agenda Item 10 Page 12 • Disclosure Statement APPLICANT Virginia Bears 1YES I NO I SERVICE PROVIDER ruse additional shoo it needed) Accounting and/or preparer of your tax return ® ❑ Architect/Landscape Architect/ WPL Land Planner Contract Purchaser(if other than n n the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nX Construction Contractors ® Engineers/Surveyors/Agents WPL Financing(include current ❑ ,�' mortgage holders and lenders S selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ nVI Agents/Realtors for current and anticipated future sales of the subject property r a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? The City of Virginia Beach Is the current owner of the property. The property will be conveyed to the Virginia Beach Development Authority upon its rezoning. Page 4 of 7 City of Virginia Beach/VBDA Agenda Item 10 Page 13 Disclosure Statement 1113 Vhgida 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 • atiop. Dorothy L.Wood,Chair to-\3-Vo CANT'S CHAIR PRIM NAME DATE Page 5 of 7 City of Virginia Beach/VBDA Agenda Item 10 Page 14 Disclosure Statement OWNER Virginia Reach YES NO SERVICE PROVIDER mss additions sheets if needed) ❑ 'i Accounting and/or preparerof your tax return ❑ ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(If other than - � the Applicant)-Identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ o Legal Servkes Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? The City of Virginia Beach is the current owner of the property.The property will be conveyed to the City of Virginia Beach Development Authority upon its rezoning. Page 6 of 7 City of Virginia Beach/VBDA Agenda Item 10 Page 15 Disclosure Statement B VltEiola Beam CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting eeting of any public body or committee in connection with this A at bo PROPERTY I SIGNATURE PRINT NAME DATE Page 7 of City of Virginia Beach/VBDA Agenda Item 10 Page 16 DESIGN „ ,: .,,, , 4„ . AND Okit. :- . _, , , . . `� •`' DEVELOPMENT i is ` 1 PRINCESS ANNE COMMO»S GUIDELINES PRINCESS ANNE ��� COMMONS ,,iBIOMEDICAL ',ill 4; PARK .-401 '1 \ airai" 4. ' f ,sz t pr - y 4ittCa , i, it �,,,,,,..,-� November 2016 _________ M � 1 w Virginia Beach Page Intentionally Blank (for double-side printing purposes) Princess Anne Commons Design Guidelines and Development Standards CONTENTS Page Introduction 1-1 Site Planning 2-1 Building Design 2-8 Appendix A 2-16 Page Intentionally Blank (for double-side printing purposes) Introduction 1 The area now known as Princess Anne Commons has grown from an area of approximately 1,ioo acres in 1995 to what is now nearly 3,00o acres(please see map on the following page). Much of the increase in the size of the area came after December 2005,when the Comprehensive Plan,Zoning Ordinance,and related development ordinances were amended to protect the Interfacility Traffic Area(ITA)between NAS Oceana and NALF Fentress from development.An Interfacility Traffic Area Overlay District was adopted,consisting of areas having an AICUZ greater than 65 dB DNL. Due to the incompatibility of residential uses in the higher AICUZ of the ITA,one of the principal effects of this new designation was to reduce the residential density to what could be achieved by right with Agricultural zoning(one unit per 15 acres).A second,and what has proven to be a more significant effect was an increase in the area owned by the City of Virginia Beach,as the City and U.S.Navy began a program of purchasing property voluntarily offered to the City by private property owners. `, �:`I r /7'• A Princess Anne Commons now offers the prospect to F'''' r , • A . expand on the original goals established for it,providing 11' \I - ,+ unique education,medical,entertainment,recreation, c*: ,�' • "fir; 0P:.s>., q p� HaQ habitat preservation,and quality economic development tE opportunities.Additionally,the Comprehensive Plan E PP AMPNITNEAiFA ' designates this area as Special Economic Growth Area 4— PAATHLETiccow.t . Princess Anne Commons,recognizing the land GELD H01 „-'� development constraints and economic development ' saoarsv�x - opportunities associated with this area's location within a ., military aircraft overfly zone.A primary focus of this area will be to provide locations for campus-like development } that may not be suitable in a more urban setting.While , recognizing that some land use adjustments are '''�` ,"”: appropriate to accomplish strategic public outcomes,the Comprehensive Plan provides the following general recommendations for Princess Anne Commons(SEGA 4),unless otherwise specified by these Guidelines: • Strive to achieve extensive open space connectivity throughout the Commons. • Protection of most sensitive land. • Mixed-use town center style development in the Municipal Center and Historic/Cultural District, including residential uses in AICUZ under 65 dB DNL. • Low-impact campus style development for work,education,research,and recreation. • Guidelines for building types to ensure appropriate quality and character. • Public amenity areas for walking, cycling,and recreation. • High-quality parkway-level roadways with landscaped edges,pathways,and low-level lighting with good lighting coverage. • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center. Page 1-1/Introduction Design and Development Guide/Biomedical Park November 2016 111lroduction \ -_ -• ' 1 /--,--7,--7,---------------..- 4, w O Princess Anne Commons \ • - -. _i Princess Anne Commons Areas / j�1 II. / 1a\ ��. ,Y � / r�; -// 0 Historic Princess Anne Center Interfacility Traffic Area(ITA) to •. @ i/ \ AICUZ Noise Zones i^Ivo, ", ` — — Proposed Southeastern Parkway City Property .` \ \ Water, •� ` ' ` 'AMNEG+.4 North Princess ;"/ 1 V/ %, I Anne Commons/' * c ��� ii ?� /,�, ,l I z �ss ' • / ' s��+>«.-'�i �-. / •• ♦ eii ibrt Central Princess 4 F �y� Anne Commons 1 PP/7 • 11 � � e M a (.\\/ s4rEa 1 '•'. t ~ „, �DURRi� '"` - 'li 1 .„.,., '• �RRO South Princess -, Anne Commons City of Chesapeake NA ` r , 0 0.5 1 The Design and Development Guidelines that follow are based on these recommendations and are intended to be used during the site and building design of the various projects that will be part of this important and unique place within the city. Specifically,the purposes of the Guidelines are as follows: a. Assist property owners and developers regarding appropriate site,building,and sign design; b. Encourage innovation and creativity in the design and use of sites and buildings; and Page 1-2/ Introduction Design and Development Guide/Biomedical Park November 2016 Introducti c. Enhance the visual appeal,and thus the general ambience of the Commons. Eventually,there will be several sets of Guidelines for the different types of development and activities that are envisioned for Princess Anne Commons.This document,however,provides design and development guidance for the"VABeachBio Research Park"that will develop within Princess Anne Commons Biomedical Park.This'BioPark'will develop parallel to the southern side of Princess Anne Road,stretching from Landstown Centre Way at the west to Tournament Drive at the east.The graphic below shows the location of the BioPark in relationship to existing and proposed development in North Princess Anne Commons. it, ow At \��• 1� - (SEP&G Alignment) jos , Z (Fieldhouasa' • 1J 3 , ‘, ` t¢a C Sportsplex) t, _3. Stadium) r° (Princess Anne ,yR F Corporate i BloMed Pa' "tib, 2 44, Al(Princess Anne J �FqO Athletic Complex) (WIPE-Tournament Fields) (Virginia Beach National Golf Course) pi.”rn L NORTH PRINCESS ANNE COMMONS N jEComrnuki). Existing and Proposed Development tiri (as of June 2016) 0 j A 'Design Vocabulary' for Princess Anne Commons The past 20 years of development since the inception of the Commons has resulted in a commonality of design style,materials,shapes,colors,and landscape that forms the foundation of what is presented on the following pages.These common design elements are the`design vocabulary'for Princess Anne Commons,and are depicted in the photos below. Page 1-3/Introduction Design and Development Guide/Biomedical Park November 2016 Eiroduction n Contemporary Shapes & Forms Im i ass i,i ■ i ■ jili Page 1-4/Introduction Design and Development Guide/Biomedical Park November 2016 Introducti 1 . , , . •s Glass & Metal - Materials . # r e _ . 6 i I ii *LI— .... 1l 5 , -- ., .c _-- E ma lit 111111111 It 11. Plant Materials � NW �. * 1 N -r IO ‘P_I • • "till r IIN WIN !Mr f -41111.111111<illhs Page 1-5/Introduction Design and Development Guide/Biomedical Park November 2016 iroduction The Color Blue I"11-17 if,t ' , S ,_ . - Water - r - - L. : _ IP 2 Page 1-6/Introduction Design and Development Guide/Biomedical Park November 2016 2 SITE PLANNING General Guidelines-Landscaping 1111 Princess Anne Commons is first,and most importantly,apark—thus,the name `Commons.'The buildings,uses,and all physical changes should have a strong emphasis on the landscaped environment.This emphasis will provide an overall visual continuity throughout the Commons and will serve as a backdrop for the development of each individual site. During the individual site development stage, the landscape architect and site designer should give careful consideration and analysis to respond to surrounding site components such as site context,open space,landmarks,views and vistas,streetscapes,and the protection of existing vegetation. During the design process, begin by identifying existing natural characteristics of the site that should be ,—.1111M1 conserved.Natural site features and landform should be considered in the ;a. early stages of development design prior to building -- . :--, ; placement. Natural site amenities may consist of a significant stand of trees, unusual topographic conditions,natural drainage A variety of tree species are located within Princess Anne Commons due to the site's previous use as a tree nursery patterns,and similar natural features,and should be preserved to the greatest degree possible. Natural characteristics create a sense of place on undeveloped sites that can be expanded upon during the development process. Specific Standards Please see Appendix A—Section 1 for specific requirements related to landscape plantings, irrigation,site lighting,and site furniture. Access and Circulation Curb cuts and driveways should be kept to a minimum,especially on internal, pedestrian-oriented streets. Page 2-1/Site Planning Design and Development Guide/Biomedical Park November 2016 U Clearly mark and efficiently place -_-....‘--1,=i,,,.....- •. ; __.,---r-,..-.- - vehicular and non-vehicular =' ti """` '"= access to all new developments " ' 3�+ during the planning and , '`. development process.Vehicular — K a and pedestrian access should be a 3 ' distinct and clearly separated. -A 11111. The Operation Smile campus demonstrates good use of the separation of vehicular and pedestrian access to the site U As depicted on this plan,there should be an internal circulation system that provides safe and convenient access to uses within the development site. 11110 —i moo, �.. � v .. 1, Coordinate .. , . 7., \ ,,..,... ,... •..; I ,. .., ,..., _ . •" ..„ -\,, , /,,:: ;i: •: ....... ...... accessler ? ..= To minimize traffic with or proeconflicts,entrances and from the secondary w. a` _,--='---- exits to a development streets stem or byi ••--• ., should be consolidated to Y - ,...^.1-1!"-.=1--. 41:1F....4 w I ,it the greatest extent cross-parcel .1 ; j►, '� V:; • ., .) forojlos 1 possible and located a easements • •'r b" -� <<`, ? �f,e, y ' sufficient distance away whenever ssible. f'( > r^!�'v/ ,.,• � S e fes.4 ',- ��® from street intersections. / ,,,0„,,e,\rti,t: ,e/.4.1'-' IT. . k\viitulrillir ---- \\,.., 4..., ‘.\„r7",,,'-''./' 4 4,4 ,,,v,t,.,_,___, --70,, ,,, ,,".,, ..,.. vi --- ,,, . ....„ , .,,, , .), .. .., -,. .\ ..(,. p ,,,---: 41P-'106r,,;;,- < i /,/ i) / Q ii.— i 7i - am; ' I ➢„ ^'j ; y // � 71*1 Where compatible land uses ';,`:. ' adjoin one another,access �', *Vie Ma* 1 Aoh..ronr s..e.. V.—! from the internal circulation �,��. _ � / system to surrounding f {'7113 properties should be provided. / $ ,___Da (PGm prepared by 1716 and AI for Drain is Benrh Professional Baseball C©)2O14 Page 2-2/Site Planning Design and Development Guide/Biomedical Park November 2016 t f, , a 4 . Entrances and 4 4 , driveways should permit ' safe and convenient A pedestrian crossing - - -- where they intersect - -_ — - sidewalk and other pedestrian access ways. A change in paving material to make the driver aware of the crossing is encouraged. V. 'fit 1111 Where appropriate,pedestrian pathways not necessarily associated with the public i '111r roadways fronting the property should be ' 5- o provided in developments. :vt Pedestrian pathways should be located within a landscaped or natural area that - _ f may consist of a significant stand of trees, .. unusual topographic conditions,natural drainage patterns or other natural features. Pathways should be constructed of a durable,low maintenance material such Existing pedestrian pathway in Princess Anne as asphalt or some surface material that is Commons semi-permeable in nature. y - Page 2-3/Site Planning Design and Development Guide/Biomedical Park November 2016 Parking Areas ■ To the greatest extent possible,parking areas should be located toward the rear of the site while buildings should be generally oriented to the front of the site adjacent to the principal roadway access. Additionally the parking area should be broken up into separate sub-areas to avoid the 'sea of asphalt'appearance. ;� . Example of buildings L:mdstown Commons '�,.. at front of site Shopping Center . , with parking located . ' s,��. P eV„�n P•m.ey , at rear of site. I:nkinp Princess Anne , • p Road acnv`uy+rich rtilcl nRlad a w cenfn • MNSMnn c:•cllnn •\ s ' • �i♦i. ., 1J�'' \ V S.. _ A • \.,), 4 >° t •, JPY � V` • • CJ��< `S o, , . eP , SS s •QwQ G J F+ e y,, , +, �s. ULandscaping for the Nit,' - - parking area should be • r strategically located to ;sr, provide visual relief, ° .r .k --shading of the lot,green , ” -~' -- s. f.23,0 areas,and screening. ' - while insuring that - . I,� . " lines-of-sight are maintained, • both at the . 't: r_ .! 9Iri L ' time of planting and .t -l 'wawa ,'r when the plants have ;- '"millherisa,.- matured. .iiiiiiiiii Milk Page 2-4/Site Planning Design and Development Guide/Biomedical Park November 2016 U Access d-access between parkingeasementsareashich on jseparateointhlotslots. should be accomplished through use of sare ,we Individual curb cuts for each parking area onto roadways is discouraged. Internal circulation roads on a parcel should be designed with stubs to adjoining undeveloped parcels that will provide future shared access. 0. . ,,.., : 1, . - ....* , . (,17 s .,$. ik ,,,,,,,,,, ._,_., J .. , ,t~. ~.i„..:...ltd'. -.-.R '� t Area with several projects that demonstrate the use of good internal access to parking lots with limited access points to arterial roadways Page 2-5/Site Planning Design and Development Guide/Biomedical Park November 2016 As required by the City Zoning Ordinance(§203),areas for the parking of bicycles and motorcycles must be provided on site with ready access to the pedestrian/bicycle pathway system. "r • • 41440t,- •`I Iticycle parking ruck that also serves as public art Page 2-6/Site Planning Design and Development Guide/Biomedical Park November 2016 BUILDING DESIGN The relationship of buildings to the public and private spaces around them is critical to the overall success of the Princess Anne Commons BioPark. Building placement,massing,and appearance define this relationship. Each building's architectural style,form,architectural details,exterior materials,textures,and color work together to provide an environment that ensure quality and provide a sense of place that will remain memorable. Placement on Site & Architectural Style The following provides general guidelines pertaining to the placement of buildings on a site within Princess Anne Commons for corporate,research,medical facilities,and academic buildings.Construction of all such facilities are governed by the City of Virginia Beach Zoning Ordinance and the Virginia Statewide Building Code,latest amended edition. In all cases, however,should there be a conflict between the guidelines and the Zoning Ordinance and/or the Building Code,latest amended edition,the Zoning Ordinance and/or Building Code prevail. IIThe general principal for building placement and architectural style is development of one-story or multi-story buildings(dependent on use),set in a landscaped environment that maintains an aesthetic continuity throughout the surrounding area. As noted in the Introduction of these Guidelines,there is a Design Vocabulary for Princess Anne Commons,and the existing buildings within the Commons stand as examples of the design style,materials,and colors to be used(see photo on next page and the photos in the Introduction). II Each designer is encouraged to express individuality and creativity while blending his or her design into the design context of the surrounding area. III The general design context should reflect a high-quality,modern corporate image. Colonial era architectural elements may be integrated into the design; however,the overall architecture of the building should not be a replication of colonial era design. All building designs will be subject to the approval of the City(through the Proffers of the Conditional Zoning Agreement)and the City of Virginia Beach Development Authority.It is intended that the architecture and landscape create a basic harmony of design throughout Princess Anne Commons such that no building,sign,landscape,or other element of the built environment will detract from the attractiveness of the overall environment. Building Mass The following provides general guidelines that emphasize the importance of the mass,scale,and proportion of buildings on a site within Princess Anne Commons for corporate,research, medical facilities,and academic buildings.In all cases,however,should there be a conflict Page 2-7/Site Planning Design and Development Guide/Biomedical Park November 2016 between the guidelines and the City of Virginia Beach Zoning Ordinance and/or the Virginia Statewide Building Code,latest amended edition,the Zoning Ordinance and/or Building Code prevail. II How the mass of a building is distributed on a site usually has the greatest impact on a project's overall appearance and its relationship to the surrounding area. As demonstrated by the building shown in the photograph below,breaking the footprint of a large building into smaller parts and varying a building's height is a valuable concept when designing large projects. :110MiiiEIL.., •Lsr'="- ..--...,-,- _ Fs 4 - . i �e `s k i r' t /"-10 c 1! i F F AI ' „ I&L' F. S r, .tel Ki 3nc' •. . _ :VA. *. i i y � mo1 sig--- +i*„ . Photograph 0 2016 Santora Heolthcore 0 Sculpting a building's massing can also help avoid big bulky structures that result in visual monotony rather than visual interest. It is the well-balanced variety of building massing and textures of shadow,light,and material that,in total,add to the richness of Princess Anne Commons built environment. Building Facade a Facades of buildings that face the street should incorporate cornices,expression of structural or architectural bays,recessed windows or doors,material or material module changes,color and/or texture differences,or strongly expressed mullions. Page 2-8/Site Planning Design and Development Guide/Biomedical Park November 2016 ipAs an example,the photograph below is of a building in a modern style with various components that integrate principles of sustainability into the overall design.While the style and integration of sustainability principles contributed to the large expanse of the façade,there are subtle changes that provide visual interest from an external perspective: • The rectangular grid pattern created by alternating the metal panels; • The triangular projection in the center of the façade (shown in the lower left of the photograph); and • The rectangular windows of the same size as the metal panels set into the façade at what appears from outside the building to be random locations. All sides of a building should have continuity of design. No side should be unimproved. All architectural details,such as roof lines and parapets, should continue around all sides of a structure. Page 2-9/Site Planning Design and Development Guide/Biomedical Park November 2016 Exterior Materials and Colors Buildings should be of long-lived and sustainable materials,including brick, stone,tinted and textured concrete masonry,and glass. EIFS should not be used below the first floor elevation except when used as soffits.The material palette should provide variety,reinforce massing and changes in the horizontal or vertical plane. • An identifiable break should be provided between a building's ground or secondOrr-, 1011 floor and the upper floors.This break may 7 consist of a change in material,change in fenestration,or similar means.As shown o in the photograph to the right,the pre-cast 11111".-- block and cornice around the windows p ✓ n provide such a break. Colors,materials,and finishes should be / coordinated in a consistent manner on all elevations. In order to maintain aesthetic continuity k fit within Princess Anne Commons,bright primary colors should not be used except wow in limited use for building accents,such as 1 - entry doors or trim. The bright blue bond above the first floor arcade level of this N. building shows on appropriate use of a bright primary color os on 1 —a accent. 111 Page 2-10/Site Planning Design and Development Guide/Biomedical Park November 2016 Exterior Building Lighting Each project should develop a system or _ ,:. : _ family of lighting with layers that ,� contribute to the night-time experience, i including facade uplighting,sign and display window illumination, landscape,and parking area lighting. . ilf t* r11 J • Integrate security lighting into the ,..- •"' .I ., ..i. architectural and landscape lighting system. Security lighting should not be _Y"" distinguishable from the project's ry` -... overall lighting system. -v 1111 Exterior lighting should be shielded to reduce glare and eliminate light being cast into the night sky. r'swillt iii immii Page 2-11/Site Planning Design and Development Guide/Biomedical Park November 2016 Mechanical Equipment and Service Areas Ground level mechanical equipment that cannot be located inside the building should be screened with an enclosure or structure incorporated into the main building. The design,materials,and colors should be complementary with the main P F building. _-..� ... Rooftop mechanical equipment(including elevator rooms)should be screened so as to be`invisible'from the ground adjacent = �= \: to the building as well as from approaches to the building. Horizontal (flat)roof forms should be screened by extensions of � "; the building wall planes(parapet). • - %life t_ . . Loading and trash collection areas shouldra4- },,, _ , ,. be concealed from view to the greatest extent possible and are ideally located , li C inside the building. Access to these areas should be minimized and arranged so that 1 maneuvering is avoided on public streets. �` 1 A vertical clearance of at least 14 feet is recommended. -� Parking Structures Traditionally,the design of parking structures takes a secondary position to the development of larger projects. Parking structures are often treated as nothing more than buildings having the sole function of providing a place for people to park their cars and not as an integral part of the design fabric of the locale. The following guidelines are for those instances when a parking garage is deemed the best parking solution.The guidelines are intended to encourage parking structures that will be integrated into the desired design fabric of Princess Anne Commons, so that ultimately,parking structures will be viewed as long-term, quality amenities to the city and not as utilitarian 'quick-fixes' for a parking problem. Page 2-12/Site Planning Design and Development Guide/Biomedical Park November 2016 The exterior facade should maintain IIIa horizontal line throughout. The "` - sloping nature of the interior L ii of iii Elia IIS MI iii III ui structure, necessary in the design of u is '•' •r "' In am m m parking structures, should not be r' n w ■N MN M-"a "' aa■.■■ P g nn um EN Ns EN nu an aa■■■■ repeated on the exterior facade. ii u no no no iiii no mos in in on.0 Mir MI , r UM NIB Ill The height and mass of the structure Illshould be consistent with the urban design fabric within which the µ structure is to be located(e.g.,a 7 ' story parking structure should not be I // ; I situated in an area that consists of :� primarily 2 to 3 story structures). i! I 1 e- aF Parking structures should have an 's , Illexternal`skin'designed to improve the building's appearance over the . , basic concrete structure of ramps, walls and columns.This can include -- ; 4* - •-77.". heavy-gage metal screen,pre-cast .r. ; =_ concrete panels,laminated glass or ' i ` E. z� ti . photovoltaic panels. , , • •.• • .• . 11. • — U Parking structures should integrate sustainable design features such �-- as photovoltaic panels(especially on the top parking deck),renewable " materials with proven longevity,and . ' 'rr- II I stormwater treatment wherever l t' l/1 - t ,If possible. j" io I- t 1 a l ;-"`41 IL I ,if al ill eilt. 1 .. iill-iiligl ir liti Page 2-13/Site Planning Design and Development Guide/Biomedical Park November 2016 • Pedestrian access to and from a — r parking structure should be well- 'MEMO em ., defined and attractive.Vertical circulation cores(elevator and stairs)should be located on the primary pedestrian corners and be highlighted architecturally so visitors can easily find and access these entry points. Directional signs should be provided at internal exits to identify streets and help orient \ pedestrians as they exit the parking facility. Proper security is an important 1111 aspect of parking structure operations. A safe,secure • environment for patrons, employees,and vehicles is critical. Adequate security measures should '/ be an integral part of the design. I 1 40 11%1 1 � �1 , The overall design of the structure .! �'1",1 .y '1 1�Mk �' ,a.�"1.4.4 should be such that it provides for •.. JAR r � ' �J easy surveillance from the street. i t The proper placement and design of �� toN " I , a windows,lighting,and landscaping increases the ability for police and liftwommi others to observe intruders and maximizes the potential to deter crime. Elevators-Elevators should be located along the exterior periphery of — the building,preferably on a street side Mill and oriented so that the elevator lobby is visible from the street at each level. -11 NMI The back of the elevator cab and shaft _ INF should be made of glass or other . similar transparent material that will allow maximum surveillance from the exterior. Stairways-As with elevators, stairways should be located along the exterior periphery of the building, preferably on a street side and oriented so that the stairway is visible from the street at each level.Glass or a similar transparent material should be used to allow visibility. Page 2-14/Site Planning Design and Development Guide/Biomedical Park November 2016 Access-Pedestrian access into and out of the building should be channeled thorough only one or two points to allow surveillance either by a cashier or a remote television camera. Page 2-15/Site Planning Design and Development Guide/Biomedical Park November 2016 Ap 1 endix A SECTION 1 A Protection of Existing Vegetation: Site developer, through sensitive grading and drainage plans, shall save stands of natural vegetation 15' outside of all proposed building walls and 5' outside of all paved areas. The building developer shall identify, "flag", and barricade up to the tree dripline such stands prior to site clearing or grading operations. Storage of materials or equipment shall not be allowed within these barriers during construction and barriers shall not be removed until finish grading of sites has been completed. All City of Virginia Beach and State of Virginia tree protection notes are applicable and shall be enforced. alGeneral requirements of new plantings: 1. All shade trees along pedestrian walkways shall have a minimum branch hang height of 2. Where shrubs or groundcovers are used, "massing" is required unless otherwise approved. Extensive varieties of plants within one planting bed is discouraged. 3. Sod rather than seeding is required within 50' of all buildings and along all adjacent roadways which the property lines front. Minimum width of sod along roadways shall be 15' if applicable. 4. Flowering trees shall have a minimum caliper of 1 1/2"-2". 5. Shade trees shall have a minimum caliper of 3 1/2"-4" except for shade trees in parking lots which shall have a minimum caliper of 2 1/2" - 3" . Page 2-16/Appendix A Design and Development Guide/Biomedical Park November 2016 APPENDIX A 6. Within the parking field and in adjacent curbed planting areas, there shall be one shade tree per 10 parking spaces with a minimum ground area of 8' x 17' surrounding the tree. 7. Continuous evergreen screening shall be required along any side of a parking lot that abutts the right-of-way of any street, lake or canal. Minimum height of plant screen along the right of way of any street shall be 30" , planted 3' o.c. ; where parking lots are visable from lakes or canals the plant screen shall be 4 ' to 5' in height, planted 3' o.c. Berming may be substituted and shall be a minimum height of 3' . 8. The attached plant list shall dictate varieties to be used unless otherwise allowed 9. All building entry drives shall be well landscaped with a combination of evergreen shrubs and flowering shrubs or flower beds, see (Exhibit L) . 10. All site utilities such as heat pumps, transformers, etc. shall be screened with an evergreen shrub with spacing not to exceed 3 ' o.c. Height of shrub at installation shall be a minimum height of 4' to 5' , see (Exhibit I) . 11. All visible loading docks or loading areas that abut property lines or street right of ways shall be screened with evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 36" with spacing not to exceed 3 ' o.c. , minimum height of evergreen trees shall be 4'-5' in height with spacing not to exceed 8' o.c. , see (Exhibit I) . 13 . All planting bed areas shall be covered with a 2" layer of shredded hardwood mulch. Page 2 17/Appendix A Design and Development Guide/Biomedical Park November 2016 11111PPENDIX 14 . All plant material, topsoil, mulch, fertilizers, etc. shall be subject to VBDA approval. Rejected materials shall be removed from the site without delay. 15. Location of underground utilities shall be determined prior to start of work to avoid damaging. 16. All planting operations shall be under the supervision of an experienced plantsman. 17. All landscape planting plans shall be prepared and sealed by a landscape architect certified to practice as such in the Commonwealth of Virginia. 18. All plants shall be nursery grown & shall be in accordance with the most recent edition of the "American Standard for Nursery Stock. " Spaded trees may be accepted if approved 19. All entry drives into each building site shall be landscaped, see (Exhibit L) . 20. Street trees(3 1/2" - 4" caliper, 14' to 16' in height) shall be placed along all roadways, within the right of way, which properties abut or adjoin. One tree shall be provided for every 35' of property line that adjoins or abutts the roadway. Existing street trees, 75' off the property line, in both directions, if applicable, shall be located and shown on all landscape planting plans. The spacing of all new required street trees shall tie into existing trees maintaining a maximum spacing of 35' on center. 21. In addition to the above requirements all landscaping shall comply with the City of Virginia Beach Landscape Ordinance. Any discrepancy between the Design Criteria requirements and the City of Virginia Beach Landscape Ordinance, the more stringent requirements shall govern. Page 2-J8/Appendix A Design and Development Guide/Biomedical Park November 2016 APPENDIX A ( IRRIGATION Each site developed shall have an automatic irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. Lawn areas and shrub beds shall be on separate zones. SITE LIGHTING The intent is to create a uniform lighting system for the exterior lighting of the park 1 . Parking light fixtures shall be a maximum height of 30' 2 . Low bollard fixtures or landscape lighting is recommended for walks and building entries, 3 . Building mounted floods will not be permitted, except in completely internalized service courts for the research and development (R&D) areas. 4. Lighting in parking lots, walkways, signage and on all buildings shall be "cool white" mercury vapor lamps. Lighting in all public right-of-ways shall be high pressure sodium. 5. Lighting levels will be determined by the recognized standard of the lighting industry, as specified in the "Lighting Handbook of the Illuminating Engineering Society". Lighting levels in parking lots shall be minimum .5 foot candles. 6. Accent lighting of buildings, landscaping and signage is required. 7. All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. Page 2-19/Appendix A Design and Development Guide/Biomedical Park November 2016 •PPENDIX 1? SITE FURNITURE Site furniture shall include benches, seats, tables, trash receptacles, and planters, and may be placed at building entrance plazas and at entry walks. .—PR OP ER TV IINI (NOT APPLICABLE ADJACENT TO RESIDENTIAL ZONES) I v1RGR[IN TRIES r. MIN. LOADING Al WAurmUSt EVERGREEN SHRUB MASSING L' TO 4' HEIGHT IA .I� P • rifi Rn R SLOG ISY�MM ^ 14 ' ^ritAjI I m� hf F5 10' MIN. II TRANSFORMER 1 .EnM I MI ?fln EVERGREEN SHRUB f ' h1Bl'm II Illllul;��` s OR E ASSING O . HEIGHT prt • ILIt�MAlIrl IIOW� � BVVERC:REENRATo.SXRUR MASS To . HEIGHT MN i IlLa11 „ 1..11... a.I...1$ t uA IUIL.L IIIc OVARIOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS Page 2-20/Appendix A Design and Development Guide/ Biomedical Pork November 2016 APPENDIX A MASSIMO 10 COO 42: Ili • +f� A' a -i=� 'Y As �I�, ,, r.& Ain Sill te111 �1�'� '• �V• I AS, s1► �'t11 �Vl� �� 3 . ,III . :C+ 111, I p� / / \� �:il a• lad ,r ,i , (4/1h de Tic ritik\ SHAUN MASSING Sate: The drawings above are ate Conceptual level to indicate the design intent. TTe landscape architect shall respond to all required city of Virginia leach visibility triangles for intersections. OTYPICAL BUILDING ENTRY DRIVES Page 2-21/Appendix A Design and Development Guide/Biomedical Park November 2016 Item#10 Virginia Beach Development Authority Conditional Rezoning District 7 Princess Anne November 9, 2016 CONSENT On April 5, 2016,the City Council authorized the conveyance of approximately 150 acres in Princess Anne Commons to the Virginia Beach Development Authority(VBDA)to facilitate the Authority's ability to promote the expansion of biomedical and healthcare businesses in the city.Additionally,as part of the FV2015-16 Operating Budget, City Council appropriated $1,000,000 to the Department of Economic Development to create a 'biomedical industry business development program.'The Department now has such a program, and information about the program is available online at http://vabeachbio.com/bio-corridor/. This application to rezone the property to Conditional I-1 will facilitate VBDA's ability to market the property.The I-1 District allows the type of research and medical activity that it is anticipated will occur within the BioPark. Based on the recommendations of the Task Force established by Mayor Sessoms, the primary areas of research being marketed for the BioPark are diabetes, neuroscience, heart disease, and brain injury. To ensure uses within the BioPark are consistent with the type and quality desired,the proffers submitted with this application do the following: 1. Prohibits those uses that are allowed in[heti Light Industrial District but are inappropriate to the type and quality of development envisioned for the proposed Biomedical Park;and 2. Requires that all development be consistent in design and quality with the "Design and Development Guidelines—Princess Anne Commons Biomedical Park". PROFFERS Proffer 1: The following, which are listed in Section 1001(a)of the Zoning Ordinance as principal and conditional uses in the I-1 Light Industrial District,shall be the only uses permitted on the Property.Any principal or conditional use listed in Section 1001(a), but not listed below, shall not be permitted on the Property: a. Building-mounted antennas, as specified in Section 1001(a); b. Business, medical,financial, nonprofit, professional and similar office buildings; c. Communication towers, as specified in Section 1001(a); d. Fiber-optics transmission facilities; e. Manufacturing, processing,extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing,storage and distribution; (ii) petroleum processing; (Hi) processing or outside storage of salvage, scrap or junk; f. Printing, lithographic or publishing establishments; Item#10 Virginia Beach Development Authority Page 2 g. Public buildings and grounds; h. Public schools,colleges and universities,and private schools,colleges and universities having similar academic curriculums; i. Public utilities installations and substations including offices, as specified in Section 1001(a); j. Public utility transformer stations and major transmission lines and towers(fifty thousand (50,000) volts or more); k. Radio or television transmission and relay stations; I. Small wireless facilities,as specified in Section 1001(a); m. Vocational, technical, industrial and trade schools; n. Wholesaling,warehousing, storage or distribution establishments; and o. Wind energy conversion systems,as specified in Section 1001(a). Accessory structures and uses shall be permitted as set forth in Section 1001(b)of the Zoning Ordinance. Proffer 2: The architectural style, exterior building materials,and site design shall be substantially in accordance with the "Design and Development Guidelines—Princess Anne Commons Biomedical Park." A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 10. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 10 for consent. David Couch appeared before the Commission. 1(\ / \\ t � � \if CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE u t`W;j1F In Reply Refer To Our File Na DF-9743 DATE: November 30, 2016 TO: Mark D. Stilesq�y,�, DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Development Authority The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 13, 2016. I have reviewed the subject proffer agreement, dated September 1, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 5X1 S!1(AX3)AND 58J-811(C)(5) PROFFER AGREEMENT THIS AGREEMENT is made this I day ofw� 2016,by and between THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia ("Grantor") and the CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia ("Grantor"and"Grantee"). WITNESSETH: WHEREAS,the Grantee is the current owner of a certain property located in the Princess Anne District of the City of Virginia Beach,containing approximately 145.78 acres and described in Exhibit A attached hereto, and shown on the plats attached hereto as Exhibits B,C.and D, and incorporated herein by reference,said property hereinafter referred to as the"Property"; and WHEREAS,the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Property from AG-I and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property, and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; and NOW THEREFORE, the Grantors, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use GPINs: 1484-88-2692; 1484-87-9998 (portion of); 1494-24-9673 (portion of); 1494-37-0144; 1494-27-3629; 1494-27-8234; 1494-27-7224; 1494-27-8187; 1494-27-9027; 1494-26-6819; 1494-27-3399; 1494-45-5995; 1494-45-7855; 1494-45-9734 of the Property, and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The following, which arc listed in Section 1001(a) of the Zoning Ordinance as principal and conditional uses in the 1-1 Light Industrial District, shall be the only uses permitted on the Property. Any principal or conditional use listed in Section 1001(a),but not listed below, shall not be permitted on the Property: a. Building-mounted antennas,as specified in Section 1001(a); b. Business,medical,Financial,nonprofit,professional and similar office buildings; e. Communication towers,as specified in Section 1001(a), d. Fiber-optics transmission facilities; e. Manufacturing,processing, extracting,packaging or fabricating establishments;provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk; f. Printing,lithographic or publishing establishments; g. Public buildings and grounds; h. Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; i. Public utilities installations and substations including offices, as specified in Section 1001(a); j. Public utility transformer stations and major transmission lines and towers (fifty thousand(50,000)volts or more); k. Radio or television transmission and relay stations; I. Small wireless facilities,as specified in Section 1001(a); m. Vocational,technical, industrial and trade schools; n. Wholesaling,warehousing,storage or distribution establishments; and e. Wind energy conversion systems,as specified in Section 1001(a). 2. Accessory structures and uses shall be permitted as set forth in Section 100I(b) of the Zoning Ordinance. 3. The architectural style, exterior building materials, and site design shall be substantially in accordance with the "Design and Development Guidelines — Princess Anne Commons Biomedical Park." Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in MI force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 152-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. The Grantors covenant and agree that- (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing,that any noncompliance with such conditions be remedied;and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors and the Grantee. 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia G ' By: Name:`v` Title:(,-�C _ COMMONWEALTH/STATE OF CITY/cpuNrf OFA. ��,;,,��ca�Xn-'iS� ,to-wit: The foregoing instrument was acknowledged before me this \5 day of(5c , by c,,, ,4 �cr�. , who is personally known to me „r has y.odu...,d -e\s-i4e stifiea*ien, in*her capacity as 0,-C as Chairperson of the Virginia Beach Development Authority. r`o ... ::.C crLLA.-\ Notary Public My Commission Expires:— C:—ZO\ 6\ Registration No. Z"\7-]). -2> 2- [NOTARIAL SEAL/STAMP] ,,s till up,,,, •.SOP LEA AS '•.:. v�pgPR�PUB% e _ :2 MV COMMISSION CA:. NUMBER 1 <, '•, 273321 �'•.,„FALTH OF p en.p..... 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTEE: CITY 0N . (i r EACH, VIRGINIA By: � � � - Name: a4N`sXN Its . k w164.e Title: C-1.--- _L 't : /- q- / 0o fIC Rath-HodgesFraser, City Clerk 01/ Oev✓1-11 A..-. at/ <.Zr.1 _g.„„a I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ���A�” b C�"� The foregoing instrument was acknowledged before me this�'J day of , 2016, bfDar vtd L I10s-e-r'✓ (}QAAA Nota Public My Commission Expires: PMae7 y_ Commonwealth Of Virginia Registration No. 7 4 y- c ct `'/( Jennifer Kay Farr-Brewer-Notary Public Commission No.765594 Commission Expires_E.431/ Myoot7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: �/�ffor�e�g�oing instrument was aclmowledged before me this ,./.-- The day of 0[1012e-..—, 2016, by_i /VC(tt Jo-1,r Ior-6"'S � � � _ • `'4' U ' " C I otary1lie 0 My Commission Expires: 6//aota Registration No. 76 fS4 `( Commonwealth Of Virginia Jennifer Kay Fart-Brewer-Notary Public Commission No 76 1 My Commission ExpiresK/Y/b v 5 EXHIBIT A PARCEL ON; Approx. 128.69 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL C 5,605,790 sq. ft. 128.69 AC", as shown on that certain plat entitled "RESUBDIVISION OF PROPERTIES TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FROM THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA 14 SEPTEMBER 2016", prepared by wpl , which plat is attached hereto as Exhibit B. reference to which is made for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, as follows: a) By deed dated February 15, 1995, from NationsBank of Virginia, N.A., and recorded in the Clerk's Office in Deed Book 3475,at page 497; b) By deed dated January 3, 2001, from Silas H T Chang and Carol F Chang, as Trustees under a certain revocable trust established on April 23, 1992, unrecorded and identified as The Silas H T and Carol F Chang Revocable Living Trust, and recorded in the Clerk's Office in Deed Book 4346,at page 447; c) By deed dated October 11, 2001, from John J. Young, and recorded in the Clerk's Office in Deed Book 4560, at page 83; d) By deed dated March 5, 2001, from Rose Lee Wilson, a/k/a Rosa Lee Wilson, and recorded in the Clerk's Office in Deed Book 4394, at page 1669; e) By deed dated November 4, 1998, from Rogelio A. Escobar and Merle M. Escobar, and recorded in the Clerk's Office in Deed Book 3983, at page 1290; f) By deed dated August 6, 2015, from Southern Bank and Trust Company, a North Carolina corporation, and recorded in the Clerk's Office as Instrument Number 20150819000800090; and g) By deed dated July 15, 1997, from Bernard W. Tunstall, Jr., and recorded in the Clerk's Office in Deed Book 3770, at page 269. PARCEL TWO (Approx. 5.80 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia,known, numbered and designated as"PARCEL 1B 252,690 SQ. FT. 5.8 AC",as shown on that certain plat entitled"RESUBDIVISION OF parcel 2 tract 2 7 and "SITE 1" RESIDUE "B" TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FROM THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA 14 SEPTEMBER 2016" prepared by wpl , which plat is attached hereto as Exhibit C reference to which is made for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia,as follows: a) By deed dated February 15, 1995, from NationsBank of Virginia, N.A., and recorded in the Clerk's Office in Deed Book 3475,at page 497; and b) By deed dated July 15, 1997, from Bernard W. Tunstall, Ir., and recorded in the Clerk's Office in Deed Book 3770, at page 269. PARCEL THREE(Anprox.11.288 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being hi the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL A (491,689 SQ. FT.) (11.288 AC) GPIN: 1484-88-2692", as shown on that certain plat entitled "SUBDIVISION OF GPIN 1484-87-9998, PORTION OF PROPERTIES OF THE CITY OF VIRGINIA BEACH (M.B. 241, PG. 26 & INST.# 20100323000271390)VWGLNIA BEACH,VIRGINIA", Scale: 1"=100', dated November 7, 2012, prepared by SIA Site Improvements, which plat is recorded in the Clerk's Office as Instrument No. 20131028001276130 and attached hereto as Exhibit D. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 230 OF THE CITY ZONING ORDINANCE PERTAINING TO CRAFT BREWERIES AND CRAFT DISTILLERIES AND THE PREPARATION AND SERVICE OF FOOD MEETING DATE: December 13, 2016 • Background: In 2014, Section 230 of the Zoning Ordinance was adopted to permit Craft Breweries and Craft Distilleries to operate within the B-2 Community Business and the I-1 Light Industrial Districts with a Conditional Use Permit. One of the specific requirements under Section 230 limits these uses to only beverage service on the premises. In other words, no food is permitted to be served or prepared within a Craft Brewery or Craft Distillery. Section 111 of the Zoning Ordinance, where "Craft Brewery" is defined, specifically permits food service. This amendment brings consistency between the definition in Section 111 and the requirements for a Craft Brewery in Section 230. • Considerations: When the provision for Craft Breweries and Craft Distilleries was adopted, it was envisioned that these facilities would have small, accessory tasting rooms for customers to sample their products. In the past two years, popularity of these establishments has grown, and the intensity of customer traffic is greater than anticipated. A review of several existing craft breweries in Virginia Beach, it was discovered that all incorporate food service in some matter by either food trucks, on-site kitchens, or allowing food to be brought in by customers. This amendment would allow for the preparation and service of food, provided that it is approved as part of the Conditional Use Permit. Further details pertaining to the amendment are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep - i - •ency: Planning Department r - City Manager: be 1 AN ORDINANCE TO AMEND SECTION 230 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CRAFT BREWERIES AND 4 CRAFT DISTILLERIES AND THE 5 PREPARATION OF FOOD 6 7 Section Amended: § 230 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 230 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 230. - Craft breweries and craft distilleries. 20 21 (a) In addition to general requirements, craft breweries shall be subject to the following 22 provisions: 23 24 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 25 be held by the establishment at all times, and the conditions of any such 26 license shall be incorporated by reference into any conditional use permit 27 authorizing a craft brewery; 28 29 (2) Only bBeer or other fermented malt beverages,and non-alcoholic beverages, 30 and food may be served; 31 32 (2.5) Unless expressly allowed by the conditional use permit, there shall be no food 33 preparation- 34 35 (3) Beer or other fermented malt beverages may be sold for on-premises 36 consumption and for off-premises consumption at retail or wholesale; 37 38 (4) Unless expressly allowed by the conditional use permit, there shall be no sale 39 or consumption of alcoholic beverages on the premises between midnight 40 and ten o'clock (10:00) a.m.; 41 42 (5) Live music shall be performed only inside the establishment and doors and 43 windows shall remain closed during such performances, except during the 44 actual ingress and egress of patrons and employees; and 45 46 (6) The city council may impose such reasonable conditions as it deems 47 necessary to avoid or mitigate adverse impacts upon other property. 48 49 (b) In addition to general requirements, craft distilleries shall be subject to the following 50 provisions: 51 52 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 53 be held by the establishment at all times, and the conditions of any such 54 license shall be incorporated by reference into any conditional use permit 55 authorizing a craft distillery; 56 57 (2) Only spirits and non-alcoholic beverages may be served unless otherwise 58 permitted under applicable state alcoholic beverage control laws and 59 regulations for private events; 60 61 (2.5) Unless expressly allowed by the conditional use permit, there shall be no food 62 preparation 63 64 (3) Spirits may be sold for on-premises consumption or off-premises 65 consumption at retail or wholesale; 66 67 (4) Unless expressly allowed by the conditional use permit, there shall be no sale 68 or consumption of alcoholic beverages on the premises between midnight 69 and ten o'clock (10:00) a.m.; 70 71 (5) Live music shall be performed only inside the establishment and doors and 72 windows shall remain closed during such performances, except during the 73 actual ingress and egress of patrons and employees; and 74 75 (6) The city council may impose such reasonable conditions as it deems necessary 76 to avoid or mitigate adverse impacts upon other property. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1111�1. !u ill/Ll . �• _ 1��_ ti . . •A sil :arry Fra ' -nfield B. Kay Wilson Planning Department City Attorney'- • ' ice CA13651 R-2 October 17, 2016 2 Applicant City of Virginia Beach Apeuda Item Public Hearing November 9, 2016 Craft Breweries and Craft Distilleries 1 1 Virginia Beach Request An Ordinance to Amend Section 230 of the City Zoning Ordinance pertaining to Craft Breweries and Craft Distilleries and the preparation of food. Summary of Request Craft Breweries and Craft Distilleries require a Conditional Use Permit to operate in each zoning district for which they are permitted.As part of the Conditional Use Permit approval,they are required to meet the specific conditions that are identified in Section 230 of the Zoning Ordinance.One of the specific conditions limited each use to only be permitted to serve beverages, both alcoholic and non-alcoholic, on the premises. No food was permitted to be served or prepared within a Craft Brewery or Craft Distillery. Section 230 of the Zoning Ordinance was adopted in 2014.When adopted, it was envisioned that Craft Brewery and Craft Distilleries would manufacture beverages and have small, accessory tasting rooms for customers to sample their products. In the past two years, popularity of these establishments has grown, and the intensity of customer traffic is greater than anticipated. It was expressed to Staff the desire to allow for these establishments to have the ability to prepare and serve food in conjunction with beverages.This amendment would allow for the preparation and service of food, provided that it is approved as part of the Conditional Use Permit. Recommendation Staff recommends approval of this amendment.Craft Breweries and Craft Distilleries are permitted only by a Conditional Use Permit and in the Business and Industrial Zoning Districts.An eating and drinking establishment is permitted as a matter of right in both the Business and Industrial Districts,and therefore the addition of food preparation and service is, in Staffs opinion,a compatible use.Staff will still be able to evaluate each Craft Brewery and Craft Distillery on a case- by-case basis, as food preparation and service will be required to be included with the Conditional Use Permit approval. City of Virginia Beach Agenda Item 11 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 230 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CRAFT BREWERIES AND 4 CRAFT DISTILLERIES AND THE 5 PREPARATION OF FOOD 6 7 Section Amended: § 230 of the City Zoning 8 Ordinance 9 10 WHEREAS,the public necessity,convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH,VIRGINIA. 15 16 That Section 230 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec.230. -Craft breweries and craft distilleries. 20 21 (a) In addition to general requirements, craft breweries shall be subject to the following 22 provisions'. 23 24 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 25 be held by the establishment at all times. and the conditions of any such 26 license shall be incorporated by reference into any conditional use permit 27 authorizing a craft brewery, 28 29 (2) Baly4aBeer or other fermented malt beverages,and non-alcoholic beverages, 30 and food may be served; 31 32 12.5) Unless expressly allowed by the conditional use permit,there shall be no food 33 preparation- 34 35 (3) Beer or other fermented malt beverages may be sold for on-premises 36 consumption and for oft-premises consumption at retail or wholesale; 37 38 (4) Unless expressly allowed by the conditional use permit,there shall be no sale 39 or consumption of alcoholic beverages on the premises between midnight 40 and ten o'clock(10:00)a.m., 41 42 (5) Live music shalt be performed only inside the establishment and doors and 43 windows shall remain closed during such performances, except during the 44 actual ingress and egress of patrons and employees; and 45 City of Virginia Beach Agenda Item 11 Page 2 Ordinance 46 (6) The city council may impose such reasonable conditions as it deems 47 necessary to avoid or mitigate adverse impacts upon other property. 48 49 (b) In addition to general requirements, craft distilleries shall be subject to the following 50 provisions: 51 52 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 53 be held by the establishment at all times, and the conditions of any such 54 license shall be incorporated by reference into any conditional use permit 55 authorizing a craft distillery: 56 57 (2) Only spirits and non-alcoholic beverages may be served unless otherwise 58 permitted under applicable state alcoholic beverage control laws and 59 regulations for private events; 60 61 f2 5) Unless expressly allowed by the conditional use permit there shall be no food 62 preparation 63 64 (3) Spirits may be sold for on-premises consumption or off-premises 65 consumption at retail or wholesale; 66 67 (4) Unless expressly allowed by the conditional use permit,there shall be no sale 68 or consumption of alcoholic beverages on the premises between midnight 69 and ten o'clock(10:00)a.m.; 70 71 (5) Live music shall be performed only inside the establishment and doors and 72 windows shall remain closed during such performances, except during the 73 actual ingress and egress of patrons and employees;and 74 75 (6) The city council may impose such reasonable conditions as it deems necessary 76 to avoid or mitigate adverse impacts upon other property. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2016. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: ;wry ni g epareldtm Ci Kai( Atorneony- Planning Department City Attorney'- O-'ce J CA13651 F-2 October 17.2016 2 City of Virginia Beach Agenda Item 11 Page 3 -51 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO YARD SETBACKS FOR GENERATORS AND POOL EQUIPMENT MEETING DATE: December 13, 2016 • Background: This amendment mirrors the reduced setbacks permitted for residential heating and cooling equipment, as per Section 201 (a) of the Zoning Ordinance. This amendment will allow residential generators and pool equipment to encroach up to five feet into a required setback, provided they are not located closer than five feet to the nearest lot line. In the event that the equipment is located within 10 feet of a lot line, the residential generator and/or pool equipment must be screened by a solid fence or landscaping. • Considerations: Advances in technology since the current Zoning Ordinance was adopted have reduced the size and noise generated by residential generators and pool equipment. As such, it is Staffs opinion that they should be afforded the same reduced setback opportunities as residential heating and cooling units. This amendment will greatly reduce the number of cases for reduced setbacks for this equipment that are considered by the Board of Zoning Appeals. Further details pertaining to the amendment are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,�—� I Submitting Depa• m e• - ncy: Planning Department 1 14 I , City Manager: ill ) 111 ttt^ "CCCIII 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO YARD SETBACKS FOR 4 GENERATORS AND POOL EQUIPMENT 5 6 Section Amended: City Zoning Ordinance § 201 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 201 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 201. Yards. 18 19 (a) General. All required yards shall be unobstructed by any structure or other 20 improvement which exceeds sixteen (16) inches in height as measured from 21 ground elevation; provided, however, the following improvements may be 22 located in a yard: 23 24 25 26 (4) Residential heating and cooling equipment generators _and pool 27 equipment which does not extend more than five (5) feet into the yard and 28 which is are no closer than five (5) feet to the nearest lot line provided that 29 generators and pool equipment shall be screened by a solid fence or 30 landscaping if they are located within ten (10) feet of the lot line; and 31 32 33 34 COMMENT 35 36 This amendment will include generators and pool equipment in the exception allowing 37 residential heating and cooling equipment to be located five feet into the setback. Generators and 38 pool equipment, because of the potential noise, shall also have screening, fence or landscaping, if 39 they are located within 10 feet of the lot line. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P Franken iel' B. Kay Wile Planning Dep.rtment City Attorney Office CA12626 R-2 October 17, 2016 2 Applicant City of Virginia Beach Agenda Item Public Hearing November 9, 2016 Setbacks for Generators and Pool Equipment 1. 3 cm,or Virginia Beach Request An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to yard setbacks for generators and pool equipment. Summary of Request Section 201(a)of the Zoning Ordinance currently allows residential heating and cooling equipment to encroach up to five (5)feet into a required setback, provided they are not located closer than five (5)feet to the nearest lot line.This amendment extends the same reduced setbacks for residential generators and pool equipment, provided that each shall be screened by a solid fence or landscaping if they are located within ten (10)feet of the lot line. Recommendation Advances in technology since the current Zoning Ordinance was adopted have reduced the size and noise generated by residential generators and pool equipment. As such, it is Staff's opinion that they should be afforded the same reduced setback opportunities as residential heating and cooling units. Provided that generators and pool equipment are screened when located within ten feet of the lot line,they are not expected to have any more of an adverse impact on adjacent properties than HVAC units, particularly given the frequency of use.This amendment will greatly reduce the number of cases for reduced setbacks for the above listed equipment that are considered by the Board of Zoning Appeals, and therefore,Staff recommends approval of this amendment. City of Virginia Beach Agenda Item 13 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO YARD SETBACKS FOR 4 GENERATORS AND POOL EQUIPMENT 5 6 Section Amended: City Zoning Ordinance§201 7 8 WHEREAS,the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH,VIRGINIA. 13 14 That Section 201 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 See.201.Yards. 18 19 (a) Genera). All required yards shall be unobstructed by any structure or other 20 improvement which exceeds sixteen (16) inches in height as measured from 21 ground elevation; provided, however, the following improvements may be 22 located in a yard: 23 24 25 26 (4) Residential heating and cooling equipment generators and cool 27 equipment which does not extend more than five(5)feet into tl.e yard and 28 which is are no closer than five(5)feet to the nearest lot line provided that 29 generators and pool equipment shall be screened by a solid fence or 30 landscaping if they are located within ten(10)feet of the lot line and 31 32 33 34 COMMENT 35 36 This amendment hill include gcnermon and pool equipment in the exception allowing 37 residential heating and cooling equipment to be located live feet into the setback. Generators and 38 pool equipment, because of the potential noise,shall also base screening, fence or landscaping, if 39 they are located within 10 feet of the lot linea City of Virginia Beach Agenda Item 13 Page 2 Ordinance Adopted by the Council of the City of Virginia Beach.Virginia.on the day of .2016 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Franken -I• 1 B. Kay Wils. Planning Dep-nment i City Attorney Office CA12626 R-2 October 17.2016 2 City of Virginia Beach Agenda Item 13 Page 3 [ ft fii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTIONS 301, 401 AND 501 OF THE CITY ZONING ORDINANCE PERTAINING TO COLUMBARIA LOCATED IN CEMETARIES AS A PRINCIPAL USE IN THE PRESERVATION, AGRICULTURAL AND RESIDENTIAL ZONING DISTRICTS MEETING DATE: December 13, 2016 • Background: The Zoning Ordinance currently requires that a columbarium in the Preservation, Agricultural, and Residential zoning districts obtain a Conditional Use Permit. This amendment would make a columbarium a by-right, permitted, principal use in the above mentioned districts when the columbarium is located within a cemetery. • Considerations: A columbarium is a use that is commonly associated with cemeteries. Additionally, a columbarium is a low-intensity use that is not expected to have any adverse impacts on adjacent properties, provided the applicable setbacks are met. Further details pertaining to the amendment are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. / Submitting Dep. • merAgency: Planning Department , ' � t � -1.. 4 ay 0 _ City Manager: r\\ \ill 1 AN ORDINANCE TO AMEND SECTIONS 2 301, 401 AND 501 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO 4 COLUMBARIA LOCATED IN CEMETERIES 5 AS A PRINCIPAL USE IN THE 6 PRESERVATION, AGRICULTURAL AND 7 RESIDENTIAL ZONING DISTRICTS 8 9 Sections Amended: §§ 301, 401 and 501 of 10 the City Zoning Ordinance 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 301, 401 and 501 of the City Zoning Ordinance is hereby amended 19 and reordained to read as follows: 20 21 Sec. 301. - Use regulations. 22 23 (a) Principal and conditional uses. The following chart lists those uses permitted within 24 the P-1 Preservation District. Those uses and structures shall be permitted as either 25 principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses 26 or structures other than as specified shall be permitted. 27 Use P-1 Cemetery, columbarium, crematory and mausoleum C Columbarium located in cemetery 28 29 Sec. 401. - Use regulations. 30 31 (a) Principal and conditional uses. The following chart lists those uses permitted 32 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 33 respective agricultural districts shall be permitted as either principal uses indicated by a 34 "P" or as conditional uses indicated by a "C" Uses and structures indicated by an "X" 35 shall be prohibited in the respective districts. No uses or structures other than. as 36 specified shall be permitted. 37 Use AG-1 AG-2 Cemetery, columbarium, crematory and mausoleum C C Columbarium located in cemetery P P 38 39 Sec. 501. - Use regulations. 40 41 (a) Principal and conditional uses. The following chart lists those uses permitted 42 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 43 respective residential districts shall be permitted as either principal uses indicated by a 44 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 45 shall be prohibited in the respective districts. No uses or structures other than. as 46 specified shall be permitted. 47 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Cemetery, columbarium, crematory CCCCCC CC C X and mausoleum Columbarium located in cemetery PP P PP P P P P X Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . `ri_ r% . ' tit _ � u. Barry Franke fi.:ld B. ay Wilso• Planning Dep:rtment City Attorn:4. Office CA13653 R-1 October 17, 2016 Applicant City of Virginia Beach Aienda Rem Public Hearind November 9, 2016 Columbaria in Cemeteries 1 5 nam Virginia Beach Request An Ordinance to amend Sections 301,401 and 501 of the City Zoning Ordinance pertaining to columbarium located in cemeteries as a principle use in the Preservation,Agricultural and Residential Zoning Districts. Summary of Request The Zoning Ordinance currently requires that a columbarium in the Preservation,Agricultural,and Residential zoning districts obtain a Conditional Use Permit.This amendment would make a columbarium a by-right use in the above mentioned districts when the columbarium is located within a cemetery.A columbarium located within a cemetery will still be required to meet all applicable setback and dimensional requirements of the applicable zoning district. Recommendation A columbarium is a use that is commonly associated with cemeteries.Additionally, a columbarium is a low-intensity use that is not expected to have any adverse impacts on adjacent properties, provided the applicable setbacks are met. Therefore, Staff recommends approval of this amendment to make a columbarium a permitted by-right use when located within a cemetery. City of Virginia Beach Agenda Item 15 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTIONS 2 301, 401 AND 501 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO 4 COLUMBARIA LOCATED IN CEMETERIES 5 AS A PRINCIPAL USE IN THE 6 PRESERVATION, AGRICULTURAL AND 7 RESIDENTIAL ZONING DISTRICTS 8 9 Sections Amended'. §§ 301. 401 and 501 of 10 the City Zoning Ordinance 11 12 WHEREAS,the public necessity,convenience,general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH,VIRGINIA. 17 18 That Sections 301,401 and 501 of the City Zoning Ordinance is hereby amended 19 and reordained to read as follows'. 20 21 Sec.301. -Use regulations. 22 23 (a) Principal and conditional uses. The following chart lists those uses permitted within 24 the P-1 Preservation District. Those uses and structures shall be permitted as either 25 principal uses indicated by a"P"or as conditional uses indicated by a"C." No uses 26 or structures other than as specified shall be permitted. 27 Use P-1 Cemetery. columbarium, crematory and mausoleum C Columbarium located in cemetery P 28 29 Sec.401.-Use regulations. 30 31 (a) Principal and conditional uses.The following chart lists those uses permitted 32 within the AG-1 and AG-2 Agricultural Districts Those uses and structures in the 33 respective agricultural districts shall be permitted as either principal uses indicated by a 34 "P"or as conditional uses indicated by a"C"Uses and structures indicated by an"X" 35 shall be prohibited in the respective districts. No uses or structures other than as 36 specified shall be permitted. 37 City of Virginia Beach Agenda Item 15 Page 2 Ordinance Use AG-1 AG-2 Cemetery, columbarium,crematory and mausoleum C C Columbarium located in cemetery P P 38 39 Sec.501.-Use regulations. 40 41 (a) Principal and conditional uses. The following chart lists those uses permitted 42 within the R-40 through R-2.5 Residential Districts.Those uses and structures in the 43 respective residential districts shall be permitted as either principal uses indicated by a 44 "P"or as conditional uses indicated by a"C."Uses and structures indicated by an"X" 45 shall be prohibited in the respective districts. No uses or structures other than as 46 specified shall be permitted. 47 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 50 5R 55 2.5 Cemetery,columbarium, crematory CCC CCC C C C X and mausoleum Columbarium located in cemetery PP P PPP P P P X Adopted by the Council of the City of Virginia Beach,Virginia, on the_ day of— ,2016. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY'. t� � Ib_ :I .-.� . tut . Barry Franke 9,Id B. ay Wilso Planning Dep:rt ent City Attorn:y. Office CA13653 RI October 17,2016 City of Virginia Beach Agenda Item 15 Page 3 4. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 7.3.1 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE PERTAINING TO ALTERNATIVE COMPLIANCE FOR PARKING REQUIREMENTS MEETING DATE: December 13, 2016 • Background: When the Oceanfront Form-Based Code(FBC)was originally adopted in 2012, the parking requirements failed to specifically reference a section in the standard zoning code that allows reduced parking requirements to be administratively approved under certain conditions. This section is intended to avoid unnecessary parking requirements for small establishments in pedestrian-oriented areas where a substantial number of customers arrive by walking, biking or mass transit. The proposed amendment clarifies that this provision can also apply in the Oceanfront Resort District (ORD), just as it is available throughout the rest of the City. Specifically, the existing language in Section 7.3.1 of the OFBC unintentionally conflicts with Section 203(b) (11) of the City Zoning Ordinance. Section 7.3.1 of the FBC currently allows for a reduced parking requirement with City Council approval, but does not address the administrative option provided in Section 203(b) (11) of the City Zoning Ordinance. Section 203(b) (11) is a City-wide provision that allows a reduced minimum parking requirement where a substantial number of patrons arrive by walking, bicycling, or mass transit. • Considerations: Without this amendment, in order to get approval for a reduced parking requirement, a small business establishment in the ORD must: 1. Submit a parking study prepared by a licensed engineer 2. Request a Special Exception for Alternative Compliance, a 3-4 month discretionary review process with no guarantee of approval. The time and expense required with this process often prohibits new businesses from seeking this approval, even in cases when the minimum parking requirement is obviously more than is necessary and providing the minimum parking is cost- prohibitive to starting the business. Further details pertaining to the amendment are provided in the attached Staff report. There is no known opposition to this request. City of Virginia Beach Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r, Submitting De. . m• tUA�gency: Planning Department j� City Manager: / S 1 AN ORDINANCE TO AMEND SECTION 7.3.1 OF 2 THE OCEANFRONT RESORT DISTRICT FORM- 3 BASED CODE PERTAINING TO ALTERNATIVE 4 COMPLIANCE FOR PARKING REQUIREMENTS 5 6 Sections Amended: Oceanfront Resort District Form-Based 7 Code Section 7.3.1 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 7.3.1 of the Oceanfront Resort District Form-Based Code is hereby 16 amended and reordained, to read as follows: 17 18 Sec.7.3 Alternative Compliance 19 20 7.3.1 Applicability; Exceptions 21 22 A. This section sets forth the procedures and standards for Alternative Compliance 23 under which the City Council may grant special exceptions to allow the 24 development of new uses or structures, or additions to or alterations of existing 25 structures, that do not conform to the uses or forms of development otherwise 26 permitted under this Code, including the optional forms of development allowed by 27 this Code. 28 29 30 31 32 parking spaces than is otherwise required by thic Code if: The minimum required 33 parking may be reduced in accordance with Section 203(b)(11) of the City Zoning 34 Ordinance. 35 36 1. The development served by the parking structure or parking lot meets the 37 38 39 40 41 proposod is adequate to serve the parking demands of the use or uses served 42 - • :. _ . . - - - e ; . • e 43 44 3. The proposed development is a use other than a residential use consisting of 45 fewer than five(5) dwelling units. 46 47 CITY ZONING ORDINANCE 48 49 Sec. 203. Off-street parking requirements. 50 51 52 53 (b) General standards. The following requirements shall apply to all off- 54 street parking spaces: 55 56 57 58 (11) The minimum required parking may be reduced upon the submittal 59 of a parking study to the zoning administrator that indicates a 60 substantial number of patrons of the use are pedestrian or arrive by 61 means of public transportation or by bicycle. The zoning 62 administrator shall determine the final parking ratio or reduction in 63 the minimum required parking. 64 65 COMMENTS 66 67 CZO Section 203(6)(11)is added for reference only. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ale V :arty Frank: n ield, Director B. Kay Wilso Deputy City Attorney Department .f Planning City Attorne 's Office CA13830 R-2 September 23, 2016 2 Applicant City of Virginia Beach Agenda Item Public Hearing November 9, 2016 Oceanfront Resort District- Alternative Compliance for 14 Parking Requirements Virginia Beach Request An Ordinance to Amend Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements. Background and Summary of Request The current language in Section 7.3.1 of the Oceanfront Form-Based Code (FBC) unintentionally conflicts with Section 203(b)(11)of the City Zoning Ordinance (CZO). Section 203(b)(11) is a Citywide provision that allows a reduced minimum parking requirement where a substantial number of patrons arrive by walking, bicycling, or mass transit; it states: The minimum required parking may be reduced upon the submittal of a parking study to the zoning administrator that indicates a substantial number of patrons of the use are pedestrian or arrive by means of public transportation or by bicycle.The zoning administrator shall determine the final parking ratio or reduction in the minimum required parking. Section 7.3.1 of the Oceanfront Resort District Form-Based Code (FBC)currently allows for a reduced parking requirement with City Council approval, but does not address the administrative option provided in Section 203(b)(11) of the City Zoning Ordinance. Section 203(b)(11) requires a parking study to validate the applicability of the provision on a case-by-case basis and cannot be applied to residential uses in the Oceanfront Resort District.The parking criteria for residential uses is specifically codified in Section 6.2 of the Form-Based Code. Additionally,commercial and other non-residential uses that receive administrative approval for reduced parking may not participate in the Resort Parking Permit Program,which allows employees to park in areas otherwise restricted to residents during certain hours. City Council approval through Alternative Compliance will remain an option for establishments that do not qualify for reduced parking under Section 203(b)(11). Recommendation Amending Section 7.3.1,as provided below,will remedy a perceived conflict between the ORDFBC and the City Zoning Ordinance and allow pedestrian-supported establishments a simpler means of approval to decrease an unnecessary, costly and inefficient parking requirement when justified. In some cases,the time and expense of seeking City Council approval can prevent redevelopment in the areas of the Oceanfront that need it most. Both the Resort Area Strategic Action Plan (RASAP) and the Oceanfront Resort District Form-Based Code have identified the goal of creating pedestrian- friendly environments,and this provision will support that goal. Accordingly,Staff recommends approval of this amendment.The ordinance for City Council's consideration is included below. City of Virginia Beach Agenda Item 14 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 73.1 OF 2 THE OCEANFRONT RESORT DISTRICT FORM- 3 BASED CODE PERTAINING TO ALTERNATIVE 4 COMPLIANCE FOR PARKING REQUIREMENTS 5 6 Sections Amended: Oceanfront Resort District Form-Based 7 Code Section 731 8 9 WHEREAS, the public necessity,convenience,general welfare and good zoning 10 practice so require: 11 12 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 7.3.1 of the Oceanfront Resort District Form-Based Code is hereby 16 amended and reordained,to read as follows: 17 18 Sec.7.3 Alternative Compliance 19 20 73.1 Applicability; Exceptions 21 22 A.This section sets forth the procedures and standards for Alternative Compliance 23 under which the City Council may grant special exceptions to allow the 24 development of new uses or structures, or additions to or alterations of existing 25 structures, that do not conform to the uses or forms of development otherwise 26 permitted under this Code, including the optional forms of development allowed by 27 this Code. 28 29 30 32 - - - •-• - - - ' : The minimum required 33 parking may be reduced in accordance with Section203(6)(111of the City Zoning 34 Ordinance. 35 36 37 Alternative Compliance , 38 39 2—A parking ...,.,iynr r...p...,,4-by-a- - -' • -- - - .. •.: 40 41 iu^r—, 4te -' .-q. k.4o sewagpe.:- '-: 42 43 44 -- : :::.-: :- -. er a r-t 4o Mial-use-consisting-et City of Virginia Beach Agenda Item 14 Page 2 Ordinance 45 fewerthan F ng units 46 47 CITY ZONING ORDINANCE 48 49 Sec. 203.Off-street parking requirements. 50 51 52 53 (b) General standards. The following requirements shall apply to all off- 54 street parking spaces: 55 56 57 58 (11) The minimum required parking may be reduced upon the submittal 59 of a parking study to the zoning administrator that indicates a 60 substantial number of patrons of the use are pedestrian or arrive by 61 means of public transportation or by bicycle- The zoning 62 administrator shall determine the final parking ratio or reduction in 63 the minimum required parking. 64 65 COMMENTS 66 67 CZO Section 203(6)0I)is added for reference onk. Adopted by the City Council of the City of Virginia Beach,Virginia on the day of .2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lor Aar :.rry Frank n field, Director B. Kay Wilso Deputy City Attorney Department.f Planning City AttorneV's Office CA13830 R-2 September 23, 2016 2 City of Virginia Beach Agenda Item 14 Page 3 L. APPOINTMENTS COMMUNITY POLICY and MANAGEMENT TEAM—CSA HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *************.***....********,** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** *******HCY**************** CITY COUNCIL SPECIAL FORMAL SESSION "Swearing-In" Ceremony January 3, 2017 Time: tba Virginia Beach City Council Chamber CITY COUNCIL WINTER RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center February 13-14, 2017 8:30 AM to 4:30 PM 12/13/16 tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTION'S R 0 S D 5 DA I E':12/62016 PAGE'. I A - ✓ II S AGENDA L H A F W ITEM 8 SUBJECT MOTION VOTE N E 1 M S U P DNOKMMS H L W O T LN A 0 0 0 R S 0 R EEENSNM I 0 0 'T R Y S ESD SEND CITY COUNCIL'S BRIEFINGS CITY SERVICES BILL Commander Kit AFFORDABILITY AD HOC Chope,Chair COMMITTEE 11 CITI MANAGER'S BRIEFINGS ATLAN DC AVENUE CLOSING David l_Hansen,City Manager Regina Hilliard, I'LSA OVERTIME RALE Director- Human Resources HURRICANE MATTHEW-Update Steve Cover,Deputy City Manager IMV/V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y TY Y Y TY V Y A Y VI'VII.A SESSION -E F76 MINUTES APPROVED 10-0 Y Y Y V YY Y TVA V November 15,2016 PUBLIC HEARINGS 1- ARP No Speakers 4384 Chanty Neck Road 2 PROPER iY TAX-Exemption No Speakers a. Families of Autistic Children of Tidewater b. Utopia Fern,Inc. 3. PROPOSED ALCOHOLIC' No Speakers BEVERAGE ANNUAL LICENSE EELS a Art Venues b. Art Instruction Studios c. Wineries d.Performing Arts Facilities AI)D ON Ordinance to AMEND Section 8-38 of the ADDED 10-0 Y Y Y V Y Y V Y Y A Y City Code to EXTEND the time limit for permit fee waiver applications 1.1 Ordinances to AMEND the City Code: ADOPTED,BY 10-0 TY TY V TY V Y A V a. Section 10-1 to rename the Polling CONSLN'1 Place I'or the Octane Precinct b. Sections I8-49 and 18-50 re Alcoholic Beverage license Taxes 1.2 Ordinance to AUTHORIZE ARP ADOPTED,BY 9-1 Y V V Y YNYYT A V casement from The Betty D.Whitehurst C'ONSEN'T Declaration of Trust at 4384 Charity Neck Road DISTRICT]-PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D DATE92/62016 PAGE'. 2 A ✓ H S AGENDA E 11 A E W ITEM @ SUBIECI MOTION VOTE N E I M S U 1 P DNOK MMS II LW O V L N A O O O R S 0 R F E L N S N M 1 O O TR Y S F S DS NND 13 Ordinances to EXEMPT from local real ADOPTED,BY 10-0 Y Y V YYYYY Y A V estate/personal property taxes. CONSENT a. Families of Autistic Children of Tidewater,Inc. b. Utopia Feni,Inc. 1.4 Ordinance to DECLARE an end to the ADOPTED,BY 10-0 Y Y V V V V Y Y Y A V Declaration of Local Emergency re CONSENT Hurricane Matthew 1.5 Resolution to CONFIRM the ADOPTED,BY 10-0 Y V Y V Y Y V YY A Y appointment of Gerald L.Harris as CONSENT Associate City Attorney,effective December 22,2016 1.6 Ordinance to EXTEND date for ADOPTED,BY 9-0 Y V V Y Y Y Y V A Y satisfaction of conditions for'Thomas (Y)NSEN'I C./Lisa D.McKee re closing of portion of Circle Lane DISTRICT 5-LYNNHAVEN 1.7 Ordinance to AUTHORIZE temporary ADOPTED,DY 10-0 YYT TYYTYY A Y encroachments for Benjamin S. CONSENT McCarty/Samantha to Sturgeon at 644 Chesopeian Trail DISTRICT 6-BEACH 1.8 Ordinance to APPROPRIATE 5132,500 ADOPTED 9-0 V YY V Y Y Y Y A Y from the Police Federal/State Seized Assets Special Revenue Fund re security/safety equipment 1.9 Ordinance to AMEND Section 8-38 of the ADOPTED,BY 10-0 V YYYY V V V Y A Y ADD ON City Code to extend time limit for fee CONSENT waivers re Hurricane Matthew 1.1 IVY LEAGUE ACADEMY/VIRGINIA APPROVED/ 10-0 YVYYYYY PP A V BEACH FIRS'''CHURCH OF TIIE CONDITIONED,BY NAZARENE for Modification of CONSENT Conditions to increase enrollmenuexpand hours at a private school at 4413 Wishart Road DISTRICT 4-BAYSIDE 12 THALIA ACRES,LLC CDP re a non- APPROVED/ 10-0 TY V TY V V Y Y A V commercial marina at Steinhilbers,653 CONDITIONED,DV Thalia Road CONSENT DISTRICTS-LYNNIIAVEN 13 ERICADANCEL/RAMON MEDIA APPROVED/ 10-0 YTY TY Y TY V A Y CUP rea family day-care at 2749 CONDITIONED,BY Mulberry Imp CONSENT DISTRICT 3-ROSE HALL 14 WILLIAM E./EILEEN T.BYMAN/ APPROVED 10-0 YYTYYTYTYA V GREGORY/ANN CHAMBERLAIN CONDITIONED,BY for a CUP re a community pier at CONSLN I 824/828 St.Martin Drive DISTRICT 4-BAVSIDE 15 DISCIPLESHIP TABERNACLE APPROVED/ 10-0 V Y V YYTY V Y A V HOLLAND LAKES ASSOCIATES, CONDITIONED,BY LLC for a CUP re religious use in a CONSENT Shopping Center at 3478 Holland Road UIS'I RI(T 3-ROSE HAIL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 12/6/2016 PAGE 3 A - ✓ 11 S AGENDA B H A E W YI EM SUBJECT MOTION VOTE N F J M S U 1 P DNOKMMS II LW O V LN A 0 0 0 R SO R FEENSNM I 0 0 i R VS ESDSNND L6 SANDBRIDGE TATTOO/GENERAL APPROVED/ 9-0 Y Y Y V Y V Y V Y Y BOOTH PROPERTIES OF VA CONDITIONED,BY BEACH,INC. CUP re a tattoo parlor CONSENT at 2336 Elson Green Avenue DISTRICT 7-PRINCESS ANNE J7 VIRGINIA MUSEUM OF APPROVED/ 10-0 V V V YVVY V Y A Y CONTEMPORARY ART(MOCA)/ CONDITIONED,BY CITY OF VIRGINIA BEACH CUP re CONSENT outdoor cultural/fund-raising events at 2200 Parks Avenue DISTRICT 6-BEACH J S MCQ BUILDERS,LLC,/ANNIE DEFERRED FOR 60 9-0 Y Y V Y Y Y Y V A V JONES HARRIS,IJAMES C.and DAYS CATHERINE HARRIS/HOLLIS ROAD ASSOC,LLC COZ from R-10 m Conditional PD-H2/A-I2 in 39 units at Indian River Road DISTRICT 1-CENT ERVILLE L9 Cl EY OF VIRGINIA BEACH COZ APPROVED,BY 10-0 V V Y V YVY V Y A Y from A-12/A-18 to P-I Preservation re CONSENT public park at 120 Marshview Drive DISTRICT 6-BEACH 110 Ordinances to AMEND the CZ(). APPROVED,BY a. Section 235 re Signage for Housing CONSENT 8-2 V Y Y V Y NYY V A N for Seniors/Disabled Persons b. Section 1II/401/501/11IOre 10-0 Y V V Y Y V Y V V A Y Residential Care for Seniors c. Section 11l0 re Residential Care for 10-0 V Y V V Y V V Y Y A V Seniors d. Section 111 re Definition ofMajor 9-1 Y V V Y YNYY V A V Entertainment Venue L APPOINTMENTS RESCHEDULED 10-0 BYCONS ENS U S COMMUNITY POLICY AND MANAGEMENT TEAM-CSA HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION- VBCDC M140 ADJOURNMENT 6:49P.M. PUBLIC COMMENT 4Speakers 6:50-6:58 P.M.