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JANUARY 17, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL u `poSNIAMcS,, YOR WIIIIIM O SI SONS JR AI { qll 11AV0/t/(ll/S/t IOW$N / Ornt O 3 p II'RR 4 P.AHHO 17 ke nip‘wlh Ontren 2 M HI 4 I WIN'DA!I MIMI AI! A 1.0 �� n ROHIHI11.D'IR (ERR n ORrnaI G � BA R134 RAM 111 NW re mew4 Our. W14V4ON II4 KAM Dmllll O no JOHN IA MOSS n I.mge 101 RV I.UHRD Hmeh DnIren 6 ROW MI' I,L MARY IVILSON.AI-I.arpe CITY HAG.BUILDING JAML1 II 000 4m nnhen-OulRR 4 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES I'IRGIA9A BEACH VIRGINIA 234569005 (111 URNR uAIRK L STILLS PHONE:(751)3854303 r ulrrnnevr Mince 2.nu.ee CITY COUNCIL AGENDA FAX(757)385-5669 uI Y AI IIIUR PRXIN D.HA S4(.AN E-MAIL:CryencK vbgov.com (111(1.ERK L 7/HUI ,I5IRAW JANUARY 17, 2017 (Il1(LERK Rf 111 HO]X;liS lILI4l It.M1AfC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING L CITY COUNCIL BRIEFING - Conference Room - 2:00 PM I. TIDEWATER COMMUNITY COLLEGE BOARD Cynthia Free—TCC Board Member and Chair—Advocacy Committee II. CITY MANAGER BRIEFINGS I. AMBULANCES Edward Brazle, Chief- EMS 2. INTERIM FINANCIAL REPORT Patti Phillips, Director-Finance 3. CITY HALL Thomas Nichols, Facilities Engineer - Public Works 4. PUBLIC TRANSPORATION STRATEGY Brian Solis. "transportation Manager -SGA III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor Retired - United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES January 3, 2017 1. SPECIAL FORMAL SESSION (Ceremonial Oath of Office) 2. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION Congressman Scott Rigell I. PUBLIC HEARINGS 1. MBCC DEVELOPMENT, LLC Network and Communications in City streets and public rights-of-way 2. 27"' STREET HOTEL t/a H2O BOARDWALK CAFE Open Air Café at 2705 Atlantic Avenue J. ORDINANCE I. Ordinances to GRANT Franchises: a. MBCC Development, LLC re: Communication in public rights-of-way b. 271h Street Hotel, LLC, t/a H2O Café re: Open Air Café at 2705 Atlantic Avenue 2. Ordinance to CONFIRM the Declaration of a Local Emergency re: Winter Storm Helena 3. Ordinances to APPROPRIATE and TRANSFER within CIP Projects re: Central Village District Sewer System: a. $1,780.000.00 re: Price Street Apartments Sewer Pump Station b. $2.900.000.00 re: Elizabeth River TMDL Implementation Plan and AUTHORIZE the increased Scope re: BMP's 4. Ordinances to APPROPRIATE and TRANSFER a. $1,300,000.00 re: Witchduck Road Phase II Sewer and Water Improvements b. $ 700,000.00 to Davis Corner and Kempsville Rescue Squads re: Hurricane Matthew and replacement of ambulances lost in the storm K. PLANNING I. H. FRANK MALBON and RANDALL MALBON DUBOIS, TRUSTEES of the R.E. Malbon Land Trust for a Variance to §4.4(d) of Subdivision Regulations at 419, 419-A, 421 Pinewood Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. HOGS TOOTH PRECISION, LLC and FRANZ LEEK for a Conditional Use Permit re Firearm sales at 1247 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. MON CHERIE DAY SCHOOL OF THE ARTS and SHERRIE and GREGORY KNIGHTON for a Conditional Use Permit for a Family Day-Care at 3316 Lakecrest Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. VERIZON WIRELESS - CARDINAL ROAD and CAVALIER YACHT & GOLF CLUB Conditional Use Permit re a Communication Tower at 1052 Cardinal Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 5. SANDRA K. SAWYER t/a SANDY'S ANGELS DAYCARE and JOHN ASHLEY NEWSOME for a Conditional Use Permit re a Family Day-Care at 1956 Kempsville Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 6. TALLWOOD, LP for a Conditional Change of Zoning from PDI-12 and R-5D Overlay to Conditional A-18 at 5705 Schoolhouse Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: DEFERRAL Due to Advertising Error 7. CITY OF VIRGINIA BEACH to AMEND the 2016 Comprehensive Plan: a. ADD the"Historic Seatack Suburban Focus Area" b. Master Transportation Plan and Primary Roadway Network Plan re: Lavender Lane and Sentara Way RECOMMENDATION: APPROVAL L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD PLANNING COUNCIL RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBDC 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 ssmsssssmssmss 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 1/17/I7istgag I. CITY COUNCIL BRIEFING - Conference Room - 2:00 PM I. TIDEWATER COMMUNITY COLLEGE BOARD Cynthia Free—TCC Board Member and Chair— Advocacy Committee IL CITY MANAGER BRIEFINGS I. AMBULANCES Edward Brazle, Chief- EMS 2. INTERIM FINANCIAL REPORT Patti Phillips, Director-Finance 3. CITY HALL Thomas Nichols, Facilities Engineer - Public Works 4. PUBLIC TRANSPORATION STRATEGY Brian Solis, Transportation Manager - SGA Ill. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor Retired - United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES January 3. 2017 1. SPECIAL FORMAL SESSION (CEREMONAL OATH OF OFFICE) 2. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION Congressman Scott Rigell u eetiy fs, JOrOctamation 4YKneac' Scott 9(rgetuas death.to represent'4rginia's 2nd Congressional district ins ber 201Q and Whereas Ne has regrettably decidednot to run for a fourth term;and Whereat Ne serves on the influential Nouse Committee on Appropriations aidpreviousty on the AnnearServicesand Budget Committees of the Nouse ofRepresentatives;and 414Cereas: During his rens in Congress,Scott Arad(has mak(as he dud in the private sector)neatmgjobs his urgent priority;and Whereas: Ne has done an etufent job in representing the nation's largest military district;and Whereas: Congressman Rjge f S an independent thinhfr and congressional reformer, which is evident as he is a co- founder of the Pit Congress Now Caucus;and Whereas: Congressman Bell has worked in a 6rpartisan manner to address the posing needs of the country in matter of&fnse,budget andotherpriorities;and Whereas: Congressman RegeWWs soviet to America began cony in his life through his service in the Vaned States %anne Corps Rnmve;and Whereas: Ne tameda owl from%exer'Univrsity,and his ROA from Regent Vniversity;;and Whereas: He and his wife Tenn are the proud parents of four chJdren and the proud grandparents of four grandchildren,Paeks,Reese,Cade,andO.E.,IV.;and When: Congressman?tge(Iis the epitome afa Mader aide public servant. Wow Therefore,I,Witham D.Seasons,Jr, Mayor of the City of Virginia&each,Virginia,do hereby Tmc6va 'anuary 17, 2017 Congressman Scott tgefDay - In Witness Whereof,I have hereunto set my hand andcowed the Off ia(SmCofthe City of Virginia r&mch,'t4rginu, to be affited this Ilh Lay ofJanuary,Two Thousandseven teem 4r Witham D.Sessoms,7r. %ayor I. PUBLIC HEARINGS 1. MBCC DEVELOPMENT, LLC Network and Communications in City streets and public rights-of-way 2. 27Tn STREET HOTEL t/a 1120 BOARDWALK CAFE Open Air Café at 2705 Atlantic Avenue Wurams ore th 1w d �va lA NOTICE OF PUBLIC HEARING On January 113017,at MOO p.m..in the Council Chambers of the City Hall Building, 2401 Courthouse DI. Virginia Beach. Virginia.the Virginia Beach City Council will holo a public hearing concerning Me request of MBCC Development, LLC. having its principal office at 1100 Confroy Drive. Suite 4. South Boston. Vuglnia. to be granted a nonexclusive franchise to use and occupy the City's streets and public vg hts-of-way for the purposes of constructing.installingand maintaining network facilities for communications services. Interested persons are invited to appear and comment. At toe conclusion of the public hearing.the City Council will vole to approve or deny the proposed nonexclusive franchise. Further information. Including a COPY of the proposed franchise anc mote map may be obtained by calling the Department of lntormason Technology at 305-8922. It you are physically disabled or visually impaired and need assistance at this meeti np, please cell the City Clerk's Office al(157)385-4303. Ruth Hodges Fraser.MMC City Clerk PUBLIC NOTICE HE F.,R Ma Beach CM1p Ceunmll w{I hold a PUBLIC CFA PINS s 6ll0 PIAecJenum Z 2➢rtIn the fe FanA enagreemen lA In I Ch-oinw td p lope155 F'ly to in .5me9CSPp weemn to 0^SIiwACoel.eI Ibp H20 Sue,Awelk 15ale Hung wAl be In pnlai publl[ coed Aao0Ai eg'uene95 on ,Logy Seipeoly.Ae copy Ii:he lq ncAim ap,eemenls fly Clue IM1oro uouncd C.l isl locded en MI al 1400''m: use Cell Wilding lamp no MI 2l 5.. oen'Pouse Ince vlmso ae,mn,3mn ane g.<maampm aporo anm,co I epee'ranch? mLMam9emrnl ()Pile ereanmmh tBaA-agog iLlar 115 r m yBwamnlan.4 v It 21:.g J. ORDINANCE 1. Ordinances to GRANT Franchises: a. MBCC Development, LLC re: Communication in public rights-of-way b. 27th Street Hotel, LLC, t/a H2O Cafe re: Open Air Café at 2705 Atlantic Avenue 2. Ordinance to CONFIRM the Declaration of a Local Emergency re: Winter Storm Helena 3. Ordinances to APPROPRIATE and TRANSFER within CIP Projects re: Central Village District Sewer System: a. $1,780,000.00 re: Price Street Apartments Sewer Pump Station b. $2,900,000.00 re: Elizabeth River TMDL Implementation Plan and AUTHORIZE the increased Scope re: BMP's 4. Ordinances to APPROPRIATE and TRANSFER a. $1,300,000.00 re: Witchduck Road Phase II Sewer and Water Improvements b. $ 700,000.00 to Davis Corner and Kempsville Rescue Squads re: Hurricane Matthew and replacement of ambulances lost in the storm CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Maintain and Operate Communications Facilities in the Public Streets and Rights-of-Way to MBCC Development, LLC MEETING DATE: January 17, 2017 • Background: MBCC Development, LLC ("MBCC") has requested a franchise to use the City's streets and rights-of-way for the purpose of developing and operating a fiber optic cable for Microsoft Corporation and/or its affiliates. MBCC is a wholly-owned subsidiary of MidAtlantic Broadband Communities Corporation, a Virginia-based company that builds and operates open-access fiber networks. • Considerations: The ordinance grants MBCC a nonexclusive 5-year franchise on the terms and conditions set forth in the proposed franchise. The material terms are set forth in the attached Summary of Terms. A route map showing the proposed location of MBCC's facilities has been fully reviewed by staff and is included in the agenda package. • Public Information: The public hearing required to be held prior to the granting of the franchise has been advertised in accordance with the requirements of Virginia Code Section 15.2-1813. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms, Route Map Recommended Action: Adoption of ordinance Submitting D part Information Technologdi City Manager: 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE COMMUNICATIONS FACILITIES IN 4 THE PUBLIC STREETS AND RIGHTS-OF-WAY 5 TO MBCC DEVELOPMENT, LLC 6 7 WHEREAS, MBCC Development, LLC, hereinafter ("MBCC"), having its principal 8 office at 1100 Confroy Drive, Suite 4, South Boston, Virginia, is a wholly-owned 9 subsidiary of MidAtlantic Broadband Communities Corporation, a Virginia-based 10 company that builds and operates open-access fiber networks and related 11 communications services; 12 13 WHEREAS, MBCC desires to use and occupy the City's streets and public 14 rights-of-way for the purpose of developing and operating a fiber optic cable for 15 Microsoft Corporation and/or its affiliates; and 16 17 WHEREAS, the City is agreeable to allowing MBCC to use the City's public 18 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 19 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 20 (the "Summary of Terms"). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby authorizes the City Manager to execute a franchise 26 agreement with MBCC for up to five (5) years in accordance with the Summary of 27 Terms, and such other terms, conditions or modifications, as may be acceptable to the 28 City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: INFORMATION TECHNOLOGY CITY ATT 'S©F€ICE CA13847 January 17, 2017 R-1 EXHIBIT A MBCC DEVELOPMENT, LLC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Mid-Atlantic Broadband Communities Corporation ("MBCC") Term: Up to five (5) years Location: MBCC may install its facilities underground strictly in accordance with the route map entitled "Proposed Conduit Route within City R/W for Virginia Beach Cable Landing / MBCC Development, LLC City of Virginia Beach Franchise", on file with the City's Department of Information Technology and attached to the Ordinance as Exhibit B Relocation: MBCC solely responsible for paying cost of removal or relocation of its facilities if public project necessitates their removal or relocation; MBCC must remove facilities upon termination or City may allow improvements to remain in place and take ownership Installation: MBCC required to return public streets and rights-of-way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Surety: $25,000 letter of credit and $50,000 surety bond Indemnity: MBCC to indemnify City, its officers, employees and agents from and against all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense Nondiscrimination: Standard City language, includes good faith minority business efforts required by City Code EXHIBIT B ROUTE MAP Proposed Conduit Route within City RJW for Virginia Beach Cable Landing / MBCC Development, LLC City of Virginia Beach Franchise p((c(ng Mn - s- 4991' Splicing MH 5555' \ ,____ . . . "' Splicing MN 6040' u CORPORATE LANDING DATA CENTER 1. Splicing MN /.., 6224' •..e i IA.". Ai III, 7 I Sources Esn,HERE.Deforms.TomTom teem METI.En Chins(Horq KOrM I swsMWCO MY? APPLICANT'S NAME MBQC Development 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 f Nonconforming Use Compliance, Special Investment Program Changes Exce'tion for (EDIP) —.1 Board of Zoning Encroachment Request ) Rezoning Certificate of Floodplain Variance Appropriateness - 1 Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area i Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE _ — — Page I of 5 g\B C irgi¢ia Wath ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Q Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: MBCC Devoeat,LLC If an LLC, list all member's names: Mid-Atlantic Broadband Communities Corporation If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) See attachment for menders of Mit-Anlanic Broadband Communities Corporation 1st of board mreders (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if Property owner is different from APolicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 yjaa Virginia Ri.,h;.ii: 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 or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship"e means a relationship, otherther tthan pest insue a reWtionship, that exists when (I) one business entity has a controlling ownership interest the other business entity, GO 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 w personnel on a regular basis, or there is otherwise a close working relationship between the entities ' See State and Local Government Conflict of Interests Act, Va. Code § 2-2-3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business ooeratinci 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 5 411/48 irginia Beach YES I I NO SERVICE PROVIDER (use additional sheets if needed) ❑ Q Accounting and/or preparer of your tax return ❑ Q Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than ❑ E the Applicant)- identify purchaser and purchaser's service providers f Any other pending or proposed • U purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors Co.Communications Hampton Roads LLC ❑ ❑ Engineers/ Surveyors/Agents Financing (Include current ❑ O mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • C Legal Services Hunton s wuams LLP Real Estate Brokers / ❑ Q Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 tirginie Death 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. - ! i u Graham C.Ramsey 12/20/16 APPLICANT'S SICNATURE / PRINT NAME DATE PROPERTY OWNERS SICNATURE PRINT NAME DATE Page 5 of 5 2014-2017 Mid-Atlantic Broadband Communities Corporation Board of Directors ERNEST R. (RANDY)LAIL Chairman,MBC Board Business Consultant&Director, Benchmark Bankshares, Inc.& Benchmark Community Bank DAVID HUDGINS Director of Member& External Relations, Old Dominion Electric Cooperative CARVING L. BLYTHE Vice President Emeritus for information Technology&GO, Virginia Tech(Retired) DUANE DAHLQUIST,PE Chairman Emeritus,MBC Board General Manager, Blue Ridge Power Agency(Retired) BEN DAVENPORT,1R. Chairman, First Piedmont Corporation BRYAN DAVID County Administrator, Orange County MARK D. HEATH President/CEO, Martinsville-Henry County Economic Development Corporation EDWARD"TED" HODGES Vice Chairman,MBC Board Partner, Clement& Wheatley,PC WANDA BOSTiICK JEFFRESS Owner/Vice President, S.L.Jeffress Co.&Jeffress Funeral Home CHARLES MAJORS Executive Chairman, American National Bank GARY WALKER Owner&Operator, Cornerstone Insurance Agency RICHARD SHUMAKER Account Manager, Cisco Systems,Inc. ROBERT H. PICCHI President, Blue Ridge Advisory Services Group tl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting One Franchise Agreement for an Open Air Café in the Resort Area MEETING DATE: January 17, 2017 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: 27th Street Hotel, LLC, t/a H2O Café, is seeking a one-year franchise agreement for the operation of a Boardwalk café at 2705 Atlantic Avenue. • Public Information: A public notice was published in The Beacon on January 15, 2017. • Attachments: Ordinance and Disclosure Form Recommended Action: Adopt Ordinance Submitting De. . nt/-.eency: Convention and Visitors Bureau City Manager: N& • 1 AN ORDINANCE GRANTING ONE FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, 27th Street Hotel, LLC, t/a H2O Café, is seeking a one-year 17 franchise agreement for operation of a Boardwalk café at 2705 Atlantic Avenue; and 18 19 WHEREAS, the Convention and Visitors Bureau recommends that the above- 20 named entity be granted an open air café franchise agreement. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH: 24 25 That City Council hereby grants a one-year franchise agreement to 27th Street 26 Hotel, LLC, t/a H2O Café, for operation of a Boardwalk café. 27 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mike EI t n z /4-",e-y' — _ Aimee Sullivan Convention and Visitors Bureau City Attorney's Office CA13900 R-1 January 4, 2017 .. � ...4,1: r ii it °�' t i� ' tA PplpV4 fi , gi1 Virfl.Beach,,.. DISCLOSURE STATEMENT FORM- -- The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters Include, but are not limited to, the following: Acquisition of Property I Disposition of City I I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Chan Exception for (EDIP) ges 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 I License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4.... • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Iji Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two 131 weelcs prior to any Page 7 of 4 Planrunq Commission and City Council meeting that pertains to the applicat,onlsl. o APPLICANT NOTIFIED OF HEARING DATE O NO CHANGES AS OF DATE n REVISIONS SUBMITTED DATE .... Virginia flea {,: other unincorporated organization, AND THEN complete the following.- (A) List the Applicant's name followed by the names of all officers, directors, members, trustees,e� (partners, etc. below: (Attach list If necessary) See Wei 11T� p4 ✓4"worsktp q�( (B) List the businesses that have a parent-subsidiary I or affiliated[ �business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. 'F-JI Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc.rbelolw: (Attach Ilst If necessary) ?At 0,1 SRQ 9 ckd (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to Inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. qr Y .. .. - VirgniaBeac}c_• _'� 1 "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act.Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than p parent-subsidiary relationship. that exists when (0 one business entity has a controlling ownership interest in the other business entity, (i) a controlling owner in one entity Is also controlling owner in the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business 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 close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code 5 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aopllcation or any business ooeratint] or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service; YES NO SERVICE PROVIDER (use additional sheets If needed) ❑ IQI Accounting and/or preparer of �-'lyour tax return ❑ 7CArchitect/ Landscape Architect/ Land Planner Contract Purchaser(If other than ❑ 1:4_ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ I§M purchaser of the subject property wwet (identify purchaser(s)and purchaser's service providers) ❑ [4 Construction Contractors ❑ rn Engineers/Surveyors The disclosures contained in this form are necessary to Inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. a. Kt . .' _ - Vbgutia. eadt ft� Financing (Include current 0 cN mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ p Legal Services 0 Real Estate Brokers /Agents 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 D IR contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or mee In , any public body or committee in connection with this Application. Jabal lir - ALICANT .V ATURE PRINT NAME DATE a PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE v The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. August 24,2016 Limited Liability Name: 27"'Street Holding,LLC Date Started: 04/14/15 Purpose: To organize and own 27th Street Hotel,27 Si Street Garage,et al to acquire the Garage Land,to become the tenants wider the Sea Oaks Hotel Lease,JAMDQ 49 Lease and Idlewhyle Lease and to construct,own,hold,assign,transfer with the'Project'. Managers: A.Russell Kirk (any 2 of the 3 Managers needed) Daniel A.Homer Bruce B. Smith Members: Daniel A. Homer 27th Street Hotel Family Trust dated 6/17/15 15.48617% Daniel A.Heftier 9.21583% A. Russell Kirk 27'^Street Hotel Family Trust 15.48617% A. Russell Kirk 5.12004% Nero Family RE,LLC 2.55987% Bruce B.Smith 23.65317% Dr. William R. Harvey 5.11974% Divans 27th Street Assoc.,LLC 2.55987% Michael Standing 5.11974% W. Christopher Hervey 1.81331% Eric E.Apperson 1.81331% John C.Davis 1.81331% Hampton University 10.23947% 100.00000% Most Recent Activity: 2016 Annual Registration Fee(Jeremy R) Formation Tax Returns: File Documents: I. Articles of Organization dated 04/14/15. BS:; [ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to Winter Storm Helena MEETING DATE: January 17, 2016 • Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On January 6, 2017, effective at 6:00 p.m., the City Manager issued a declaration of local emergency in response to the imminent threat posed by Winter Storm Helena of snow, ice, and winds and a resulting potential for power outages and the loss or interruption of vital City services. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of Winter Storm Helena. • Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency. That Code section also provides that City Council shall take appropriate action to end the declared emergency once all necessary emergency actions have been taken. The ordinance ends the emergency declaration effective January 10, 2017 at 12:30 p.m. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance and Declaration of Local Emergency Recommended Acti• •• A •proval City Manager: �� 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO WINTER STORM HELENA 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; 13 14 WHEREAS, in response to the imminent threat of disaster posed by Winter 15 Storm Helena, Governor McAuliffe issued a State Declaration of Emergency on January 16 6, 2017; and 17 18 WHEREAS, in response to the imminent threat of disaster posed by Winter 19 Storm Helena, the City Manager, as the Director of Emergency Management, issued a 20 Declaration of Local Emergency on January 6, 2017, effective at 6:00 p.m. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 26 the Declaration of Local Emergency issued by the City Manager on January 6, 2017, a 27 copy of which is attached hereto and incorporated by reference; and hereby ends the 28 declared emergency, effective January 10, 2017 at 12:30 p.m. 29 Adopted by the Council of the City of Virginia Beach on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: SIlliCNt S -'- Cover Enz./ph B. DeJarne City Manager's Office City :ttorney's Office CA13905 R-3 January 10, 2017 4: ,:.:�r u VVi? City of Vires n,a Beach.. ' e DI0z S UA OUR NP9O VBgov.caro Of MUNICIPAL CENTER (757)385-4242 77ICE5-242 MANAGER BUILDING NMBER I ROJ'A 234 Fra[)521427--56252101 mmDRIVE VE VIRGINIA BEACH,VA 94559001 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of snow, ice, and winds forecasted and the very real possibly of power outages,along with the loss or interruption of vital City services posed by Winter Storm Helena to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss,hardship or suffering. Therefore,pursuant to Code of Virg'nia §44-146.21,as amended, 1 hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning January 6, 2017 at 1800 hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with,and authorized to carry out,all powers, duties,and functions prescribed by State and local laws.rules,regulations, and plans as may be neces , o adequately and appropriately response to said Local Emergency 4. `A�t% David L. Hansen, City Manager&Director of Emergency Management 1 ?(sz i ;On 16co S (Date) CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Establish CIP 6-098, "Price Street Apartments Sanitary Sewer Pump Station," to Appropriate Funding from the Water and Sewer Enterprise Fund, and to Transfer Appropriations from CIP 6-057, "Holland Road Phase VI" (2) An Ordinance to Appropriate Funds from Storm Water Utility Enterprise Fund, to Transfer Appropriations from CIP 3-060 "TCC Site Improvements II" to CIP 7-406, "Elizabeth River TMDL Implementation," and to Approve an Increased Scope for CIP 7-406 MEETING DATE: January 17, 2017 ■ Background: Understanding that the future development envisioned for the Strategic Growth Areas will require substantial infrastructure improvements, City Council adopted individual implementation plans for each of the eight SGAs. These plans consistently recommend that the City review opportunities to work with private development through Public Private Partnerships (PPP) to gain public infrastructure improvements. The Franklin Johnston Group is proposing to develop Price Street Apartments, 264 high quality, affordable apartments in the Central Village District of the Pembroke SGA. It is the applicant's intent for this project to be funded through the Virginia Housing Development Authority's Low Income Housing Tax Credit Program. This proposal meets the goals of the Pembroke SGA by redeveloping an underutilized property to its highest and best use, creating a higher density development with a walkable, connected and pedestrian-friendly design. When the Price Street redevelopment opportunity was initially discussed with City officials in early 2016, the Department of Public Utilities staff advised that City sewer services were currently not serving the area. The area not served by City sewer is generally south of Southern Boulevard, east of Witchduck Road, west of Euclid Road and north of 1-264. Sewer demand in the vicinity is currently low because the uses are primarily industrial, having much less of a demand of sewer services. This new development presented the opportunity for the City to upgrade to a sanitary sewer pump station that can accommodate a much larger, densely developed service area. Since this new development would be required to construct a stormwater management facility, this development also presented an opportunity for the City to expand the treatment of the stormwater management facility to include the treatment of existing impervious area to provide pollutant reduction, as required by the City's Municipal Separate Storm Sewer System (MS4) permit and Chesapeake Bay Total Maximum Daily Load (TMDL) requirements in the Elizabeth River Watershed. Ultimately, the stormwater management facility will have a service area of approximately 90 acres (62% of the Central Village District) and the sanitary sewer pump station will have a service area 69 acres (48% for the Central Village District). These proposed Page 2 of 2 infrastructure improvements will serve as an economic and development incentive for the Central Village District. • Considerations: The City's participation in the Franklin Johnston Group project includes infrastructure investments in sanitary sewer (pump station and force main) and stormwater management. The pump station and force main will extend public sanitary sewer service to an underserved portion of the Pembroke Strategic Growth Area, which is currently served only by private pump stations and private gravity sewer systems. This approach is consistent with efforts to consolidate utility facilities where feasible. The estimated cost of the design and construction of the sanitary sewer infrastructure improvements is $2.38 million, with up to $1.78 million representing the City's investment through the Water and Sewer Enterprise Fund. The $1.78 million will be from retained earnings ($1.38 million) and a transfer from CIP 6-057, "Holland Road Phase VI" ($400,000). The stormwater management facility will be a level I wet pond design in accordance with the Virginia Stormwater BMP Clearinghouse criteria. In addition, this stormwater management facility will provide approximately 53 pounds per year of phosphorus removal from the Chesapeake Bay. The City will provide funding for land acquisition and design and construction of the stormwater management facility in accordance with the City's MS4 Stormwater Permit and the Chesapeake Bay TMDL requirements. As proposed, these stormwater improvements will be included in Capital Project 7-406, "Elizabeth River TMDL Implementation Plan." The estimated cost is $3.6 million with $700,000 being provided by the developer, $1.59 million provided by the Stormwater Utility and an additional $1.31 million being transferred from CIP 3-060 "TCC Site Improvements II". • Public Information: The project was reviewed and supported by the Planning Commission for Conditional Rezoning at its meeting on October 12, 2016. City Council approved the Conditional Rezoning and a Revitalization Area resolution on November 15, 2016. This item will be advertised as part of the normal Council Agenda Process. • Recommendations: Adopt the attached ordinances. • Attachments: Ordinances (2); Sanitary Sewer Service Area Map; Stormwater BMP Service Area Map Recommended Action: Approval Submitting Depart Agency: Strategic Growth'Areas Office, Pu lic Works, and PubliGUtilities ��,� City Manager:41 Cr 44' P'1140 1 AN ORDINANCE TO ESTABLISH CIP 6-098, "PRICE 2 STREET APARTMENTS SANITARY SEWER PUMP 3 STATION," TO APPROPRIATE FUNDING FROM THE 4 WATER AND SEWER ENTERPRISE FUND, AND TO 5 TRANSFER APPROPRIATIONS FROM CIP 6-057, 6 "HOLLAND ROAD PHASE VI" 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1. Capital Project #6-098 "Price Street Apartments Sanitary Sewer Pump 12 Station" is hereby established in the City's Capital Improvement Program. 13 14 2. $1,380,000 is hereby appropriated, with revenues from retained earnings in 15 the Water and Sewer Enterprise Fund, to Project #6-098 for the development 16 of a sanitary sewer system in the Central Village District of the Pembroke 17 Strategic Growth Area. 18 19 3. $400,000 is hereby transferred from CIP 6-057, "Holland Road Phase VI," to 20 CIP 6-098, "Price Street Apartments Sanitary Sewer Pump Station." 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the day 23 of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: David Bradley Dana R. armeyer Budget and Management Services City Attorney's Office CA13906 R-2 January 6, 2017 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 STORM WATER UTILITY ENTERPRISE FUND, TO 3 TRANSFER APPROPRIATIONS FROM CIP 3-060 "TCC 4 SITE IMPROVEMENTS II" TO CIP 7-406, "ELIZABETH 5 RIVER TMDL IMPLEMENTATION," AND TO APPROVE AN 6 INCREASED SCOPE FOR CIP 7-406 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That $1,590,000 is hereby appropriated, with revenue from retained earnings 12 in the Storm Water Utility Enterprise Fund, to CIP 7-406, "Elizabeth River 13 TMDL Implementation Plan" for a level 1 wet pond storm water management 14 facility in the Central Village District of the Pembroke Strategic Growth Area. 15 16 2. That $1,310,000 is hereby transferred from CIP 3-060 "TCC Site 17 Improvements II" to CIP 7-406, "Elizabeth River TMDL Implementation Plan". 18 19 3. That the Description and Scope of CIP 7-406 is engrossed to include 20 acquisition of property for BMPs and entry into cost participation agreements 21 with developers for new BMPs and retrofits. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day 24 of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. Approved^as to Content: Approved as to Legal Sufficiency: 1 \ L/C `'�J/ Sas // David Bradley —Darla R. H rmeyer Budget and Management Services City Attorney's Office CA13908 R-1 January 6, 2017 i .:Stormwater BMP Service Area Map "y •,i,..,....:-5 ji, F G ■ r .. rt R d �}. 'e, rte" �N.- • r :n 1i.._S—1 }• ..�;.. t Y a r. ,. .i , "�,- ` CLEVELAND ST .'-'1*.''''.:' '" HRC ! ,'• _i J , avF L ,.. . +'tetra ..«'app ',...1,..1 e:- L - v -- -k's-i70-sps.'irt,t,k-t.,1,,, -„*. ,- ..., - N,r02.41, .a;.1: . e A 1M me \'e'er ' +q ".qt' 441 : :City Property 0,/ : 90-Acre Stormwater Service Area '' - 1. CJI1 • ,c I 0 ct __ __., .. 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Si' ::77 , ------ _ G. - \ s‘ 1 ..„ :* ,Is '.a [ ( _--., CITY OF VIRGINIA BEACH \ AGENDA ITEM J ITEM: An Ordinance to Appropriate Funding from the Water and Sewer Enterprise Fund to CIP 5-028, "Witchduck Road Phase II Water improvements," and CIP 6-604, "Witchduck Road Phase II Sewer Improvements" MEETING DATE: January 17, 2017 • Background: To facilitate the additional utility work to support the development in the Pembroke SGA and the extension of Mac Street, additional funding is necessary to extend public water main and sanitary sewer gravity main. This work is intended to be completed as part of the Witchduck Road work being coordinated in the area between Public Works and Public Utilities. This utility extension requires an additional appropriation of $180,000 to CIP 5-028, "Witchduck Road Phase II Water improvements," and $1.12 million to CIP 6-604, "Witchduck Road Phase II Sewer Improvements." • Considerations: The proposed utility work at Mac Street can be efficiently undertaken utilizing the existing contractor with the City is undertaking the Witchduck Road project. Doing the work now will also minimize the impact of the construction on citizens. The Water and Sewer Enterprise Fund proposes utilization of retained earnings as the revenue source. • Public Information: The normal Council Agenda Process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval ,, Submitting D- . . - .t/Agency:Agency: Public Utilities OA.(WON-- City Manag-III Weak 1 AN ORDINANCE TO APPROPRIATE FUNDING FROM 2 THE WATER AND SEWER ENTERPRISE FUND TO CIP 5- 3 028, "WITCHDUCK ROAD PHASE II WATER 4 IMPROVEMENTS," AND CIP 6-604, "WITCHDUCK ROAD 5 PHASE II SEWER IMPROVEMENTS" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That $180,000 is hereby appropriated, with revenues from retained earnings 11 in the Water and Sewer Enterprise Fund, to CIP 5-028 "Witchduck Road 12 Phase II Water improvements" for water utility improvements near Mac Street 13 and Witchduck Road. 14 15 2. That $1,120,000 is hereby appropriated, with revenues from retained 16 earnings in the Water and Sewer Enterprise Fund, to CIP 6-604 "Witchduck 17 Road Phase II Sewer Improvements" for sewer utility improvements near Mac 18 Street and Witchduck Road. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the day 21 of , 2017. Requires an affirmative vote by a majority of all member of the City Council. Approved as to Content: Approved as to Legal Sufficiency: i 1 // (t David Bradley - a R. 'a meyer Budget and Management Services City A •rney's Office CA13907 R-1 January 6, 2017 41, CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Transfer $700,000 within the Operating Budget Related to Hurricane Matthew and to Authorize Grants to the Davis Corner Rescue Squad and the Kempsville Rescue Squad MEETING DATE: January 17, 2017 • Background: On two occasions, October 18, 2016 and November 15, 2016, the City Council approved budget actions related to costs associated with Hurricane Matthew. Of those amounts, $700,000 transferred to the Department of Public Works exceeded actual expenses, and these funds are available to be returned to the General Fund Reserve for Contingencies or to be directed by the Council for other authorized purposes. As set forth in this item, the Department of Emergency Medical Services, requests the use of a portion of such funds to authorize grants to two rescue squads that experienced lost ambulances during Hurricane Matthew. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. The City of Virginia Beach provides insurance coverage for rescue squad ambulances. This covers repairs in the event of a collision as well as liability coverage. Unfortunately, the coverage does not include replacement when the vehicle is deemed to be beyond repair or a total loss. This coverage standard is similar to city-owned apparatus. Historically, when a rescue squad-owned ambulance has been totaled in a crash, the rescue squad has been responsible for replacement cost while outstanding loans have been forgiven by City Council. The City has provided grants to assist with replacement in some cases, but this has not been done in every incident. As a result of high water exposure during Hurricane Matthew, one Davis Corner ambulance and two Kempsville Volunteer Rescue Squad ambulances were damaged beyond economical repair. These vehicles have cash values of $37,233, $27,800 and $27,800. Total replacement is estimated at $205,000 per ambulance. With the assistance of the City of Virginia Beach Department of EMS, both squads pursued emergency grant funds from the Virginia Department of EMS. Thanks to these efforts, both squads received partial awards leaving replacement gaps of $44,000 for Davis Corner and $205,000 for Kempsville. To date, no insurance payments have been made, nor has an official estimate been provided by the City's insurer. • Considerations: The individual rescue squads integrate ambulance purchases/loan payments into their operating budgets. While the squads have consistently been able to pay their vehicle bills, contingency funds for unplanned replacements are limited. Both squads would be hard-pressed to take on additional debt for replacing ambulances outside their normal life cycle. The extended period without any type of insurance payment is also delaying procurement of replacements and placing a burden on remaining apparatus. A policy report discussing the issue and options is attached. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Hurricane Matthew Ambulance Replacement Policy Report Recommended Action: Approval Submitting De•.. r •ency: Department of Emergency Medical Service City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 OPERATING BUDGET RELATED TO HURRICANE 3 MATTHEW AND TO AUTHORIZE GRANTS TO THE DAVIS 4 CORNER RESCUE SQUAD AND THE KEMPSVILLE 5 RESCUE SQUAD 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) That $700,000 is hereby transferred from the FY2016-17 Operating Budget of 11 the Department of Public Works as follows: 12 13 a. $451,000 to the General Fund Reserve for Contingencies 14 b. $249,000 to the Department of Emergency Medical Services 15 16 2) Of the $249,000 to be transferred to the Department of Emergency Medical 17 Services, the Council authorizes a grant of$44,000 to the Davis Corner Rescue 18 Squad and $205,0000 to the Kempsville Rescue Squad to partially fund 19 replacement ambulances for ambulances lost during Hurricane Matthew. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. APPROVED AS(TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9611 David Bradley n a e er Budget and Management Servic s City Attorney's Office CA13903 R-1 January 6, 2017 Plt-bE4 1 r 44 •P7 = �.) ,� City of Virginia Beach : -+ j z J 1.CC 0. .S•ac et. tiw`�' VISc.o.u,n, DEPARTMENT OF EMERGENCY MEDICAL SERVICES O1 V'4dFrt.iaiY IW OFFICE OFTHE CHIEF (757J 3051999 %MOIRABEACH VA 2.452 FAX 17571431-3015 my 711 Hurricane Matthew Ambulance Replacement Policy Report Background For over 50 years, the City's ten volunteer rescue squads have purchased their own ambulances. While the City generously provides no-interest loans to support procurement, the vehicles are ultimately paid for by community donations and regular support from the Virginia Rescue Squad Assistance Fund. This unique partnership today maintains a fleet of 38 ambulances at minimal cost to the City. The City of Virginia Beach provides insurance coverage for rescue squad ambulances. This covers repairs in the event of a collision as well as liability coverage. Unfortunately, the coverage does not include replacement when the vehicle is deemed to be beyond repair. This standard is similar to city-owned apparatus. Historically, when a rescue squad-owned ambulance has been totaled in a crash, the rescue squad has been responsible for replacement cost while outstanding loans have been forgiven by City Council. The City has provided grants to assist with replacement in some cases, but this has not been done in every incident. As a result of high water exposure during Hurricane Matthew, one Davis Corner and two Kempsville Volunteer Rescue Squad ambulances were damaged beyond economical repair. UNIT DESCRIPTION MILEAGE 222 2011 Chevrolet Ambulance 68,784 921 2010 Chevrolet Ambulance 152.990 922 2010 Chevrolet Ambulance 162,108 The first appraisal by Atlantic Claims Service in conjunction with the City Garage estimated a cash value of $55,600 for the two Kempsville ambulances and $37,233 for the Davis Corner ambulance. To date, there has been no official assessment by AIG Insurance in conjunction with the City's Risk Management Office. Meanwhile 19 city-owned vehicles were considered lost. An appropriation request for $1,258,858 to replace those vehicles has been submitted to City Council. The appropriation request did not include monies for the rescue squads. Considerations • Operational/Maintenance All ambulances are owned by the rescue squads, but they are operated as if they were owned by the City. Career employees may be assigned to drive the ambulances. All maintenance decisions are made by the City's Automotive Services Division. There is no fund dedicated to replace City vehicles lost in crashes. When a city- owned vehicle is damaged beyond repair, Automotive Services arranges to replace it within the normal procurement process. Wrecked vehicles are moved to the top of the list, delaying other downstream replacements. Since ambulances are owned by the individual rescue squads, Automotive Services has no obligation, nor funding, to replace them when catastrophic damage occurs. This includes scenarios where a paid City employee is the vehicle operator—as was the case for one of the damaged ambulances. For Hurricane Matthew, a request was made to City Council to appropriate funds for immediate replacement of all damaged City vehicles. The request reflected full replacement cost with no consideration of age or depreciation. • Organizational Rescue squad ambulances are purchased and owned by individual rescue squads. All other EMS apparatus are owned by the City. When either the squad or Automotive Services identifies an ambulance due for replacement, the squad pursues funds for procurement. More often than not this includes a request for a no-interest loan from City Council. This arrangement has worked for routine replacements, but the squads typically do not have contingency funds to allow for emergent replacements. In the current situation, the Davis Corner Rescue Squad cannot afford to take on additional debt. The Kempsville Rescue Squad's reserves would be hard- pressed to take on an additional loan payment. The extended period without any type of insurance payment is also delaying procurement of replacements and placing a burden on remaining apparatus. • Legal The City of Virginia Beach is able to provide grants and loans to individual rescue squads. • Budgetary Automotive Services requested approximately $1,258,858 to replace vehicles damaged during Hurricane Matthew. Funding came from the Fund Balance and Contingency accounts. It is hoped that some of these monies will eventually be recouped via Public Assistance claims to FEMA. The individual rescue squads integrate ambulance purchases/loan payments into their operating budgets. While the squads have consistently been able to pay their vehicle bills, contingency funds for unplanned replacements are limited. In order to avoid cash flow problems, the Davis Corner Rescue Squad requires immediate assistance to place the large down payment on their ambulance. Kempsville is in a position to adjust reserve funds in order to cover their down payment. With the assistance of the Department of EMS, both squads pursued emergency grant funds from the Virginia Office of EMS. Thanks to these efforts, Kempsville and Davis Corner received partial awards leaving gaps of $205,000 for Kempsville and $44,000 for Davis Corner. As noted above, no insurance payments have been made, nor has an official estimate been provided by the City's insurer. Public Information Discussion of any local grants will be published via normal City Council packets. There has been considerable media interest in disaster response and recovery efforts. Alternative Course of Action Alternative #1: City of Virginia Beach provides the rescue squads a grant in the amount not covered Virginia Office of EMS Emergency Grant funding. Any insurance and scrap value will be recouped by the City. Advantages: • Aligns replacement practices with City-owned apparatus • Reduces unanticipated burden on both rescue squads • Faster process for replacement Disadvantages: • Higher cost to the City • Replacement cost is much higher than actual value of the asset 3 Alternative #2: City of Virginia Beach provides partial funding of 50% of the balance not covered by grant or insurance. No-interest loans will be available to cover the balance if necessary. Advantages: • Aligns replacement practices with City-owned apparatus while still maintaining an obligation by the rescue squad owners • Lower cost for City • City's financial commitment more in line with the value of the asset Disadvantages: • Procurement will be delayed until insurance payments are resolved • Cost to the City • City has no stake in the asset other than its availability for operations in the Virginia Beach EMS system Alternative #3: Rescue Squads take full responsibility for replacement costs not covered by grants or insurance with the assistance of no-interest loans. Advantages: • No direct cost for the City • Avoids mixing rescue squad and City funding Disadvantages: • Significant unanticipated burden for the rescue squads • Delayed replacement of the lost ambulances awaiting insurance payments • Establishes a double standard for replacement of vital emergency equipment Recommendations It is recommended that the City of Virginia Beach pursue Option #1 and provide grants to the squads for the balance of the replacement cost ($205,000 Kempsville, $44,000 Davis Corner). This will ensure prompt replacement of the vehicles and a faster return to normalcy for the squads. The ambulances are not city-owned, but they do provide vital services equal or greater to the other damaged vehicles slated to be replaced using emergent appropriations. The City should recoup any insurance payments and proceeds for scrap sale. Disposition of the disabled vehicles can be facilitated via the City Garage's normal surplus auction process. The City will file for reimbursement from FEMA for the amount of the grants as part of the federal public assistance declaration. 4 The recommended approach maintains the current obligations of ownership by the rescue squads while providing them with significant financial relief. It also represents an investment by the City to maintain an effective ambulance fleet to serve the community. The process will be expedited by moving forward ahead of insurance payments, thus avoiding delays which may endanger grant awards. It is further recommended that the Chief of EMS, in coordination with the Fleet Management and Risk Management Divisions of the City, establish a working group to review the efficacy of the current ambulance procurement and insurance process and offer alternatives for improvements in the future. Prepared by: l2/iVia Edward M. Brazle, EMS Chief ate Reviewed by: — ) Steven R. Cover, Deputy City Manager Date Approved by: Ia15. 4A4 David . Hansen, City Manager Date 5 K. PLANNING I. H. FRANK MALBON and RANDALL MALBON DUBOIS, TRUSTEES of the R.E. Malbon Land Trust for a Variance to §4.4(d) of Subdivision Regulations at 419, 419-A, 421 Pinewood Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. HOGS TOOTH PRECISION, LLC and FRANZ LEEK for a Conditional Use Permit re Firearm sales at 1247 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. MON CHERIE DAY SCHOOL OF THE ARTS and SHERRIE and GREGORY KNIGHTON for a Conditional Use Permit for a Family Day-Care at 3316 Lakecrest Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. VERIZON WIRELESS - CARDINAL ROAD and CAVALIER YACHT & GOLF CLUB Conditional Use Permit re a Communication Tower at 1052 Cardinal Road DISTRICT 5 — LYNNIIAVEN RECOMMENDATION: APPROVAL 5. SANDRA K. SAWYER t/a SANDY'S ANGELS DAYCARE and JOHN ASHLEY NEWSOME for a Conditional Use Permit re a Family Day-Care at 1956 Kempsville Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 6. TALLWOOD, LP for a Conditional Change of Zoning from PDH2 and R-5D Overlay to Conditional A-18 at 5705 Schoolhouse Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: DEFERRAL Due to Advertising Error 7. CITY OF VIRGINIA BEACH to AMEND the 2016 Comprehensive Plan: a. ADD the"Historic Seatack Suburban Focus Area" b. Master Transportation Plan and Primary Roadway Network Plan re: Lavender Lane and Sentara Way RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, January 17, 2017 at 6 00 pm.. at which time the following application will be heard DISTRICT 6-BEACH H. Frank Malbon 8 Randall Malbon DuBois, Trustees of the R.E.Malbon Land Trust (Applicant 8 Owner] Subdivision Variance (4,4(d) of Subdivision Regulations)419, 419-A, 421 Pinewood Drive (GPINs 2427143621,2427142657) DISTRICT 1-CENTERVILLE Tallwood, LP [Applicant 8 Owner] Conditional Change of Zoning(PDH2 (R-SD) to Conditional A-18) 5704 Schoolhouse Road (SPIN 1455716840) DISTRICT 7-PRINCESS ANNE Hogs Tooth Precision,LLC[Applicant] Franz Leek [Owner] Conditional Use Permit (Home Occupation - Firearm Sales) 1247 Princess Anne Road (SPIN 2401725508) COUNCIL DISTRICT-PRINCESS ANNE DISTRICT 3-ROSE HALL Mon Cherie Day School of the Arts [Applicant] Sherrie 8 Gregory Knighton [Owners] Conditional Use Permit(Family Day-Care Home)3316 Lakecrest Road(SPIN 1486848286) DISTRICT 5-LYNNHAVEN Verizon Wireless - Cardinal Road [Applicant]Cavalier Yacht B Golf Club [Owner] Conditional Use Permit (Communication Tower) 1052 Cardinal Road(SPIN 2418246584) DISTRICT f-CENTERVILLE Sandra K. Sawyer - Sandy's Angels Daycare [Applicant] John Ashley Newsome [Owner] Conditional Use Permit(Family Day-Care Home)1956 Kempsville Road(SPIN 1455811158) CITY OF VIRGINIA BEACH An Ordinance to Amend the 2016 Comprehensive Plan by adding the "Historic Seatack Suburban Focus Area with area descriptions and recommendations An Ordinance to Amend the 2015 Comprehensive Plan by Amending the Master Transportation Plan and Primary Roadway Network Plan Map and Policy Document in regard to Lavender Lane and Sentara Way All interested parties are invited to attend Ruth Hodges Fraser.MMC City Clerk ' ' H I r _..1 ,I i I, T L 1 1 1 , I , , left4 it4 0 1 1 .,• ...".". 1 .610.__ % , . ...... . I _. . Ita , ... .._ _. ........ r- ,,'" \-. libmge. , wr 1 I ..,. %,. 0 INF o 1 71 *0., ..'' t W 11111 iiiih.- . ,-- -11 . . . . ..,____ •.... 7., \ . ,,. \.. . ."\'' .. .• •, .. \\.'s .: ... ; ri .... ' . .„:: '....... , / •----&___ „,:\...:::.. .,, ..- . ___________ ---- .,k ,„,.\•-•"...,- . . , . . . , , . . .. . \,, . ,_. ... ,.. .. _ , . ,. ..- S ‘ \ :_-- ', \ \ 1 --._. , \ . , \ „ \ A I ______ , . ,. . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: H. FRANK MALBON & RANDALL MALBON DUBOIS, TRUSTEES OF THE R.E. MALBON LAND TRUST [Applicant & Property Owner] Subdivision Variance (Section 4.4 (d) of the Subdivision Regulations) 419 & 421 Pinewood Drive (GPINs 2427143621 & 2427142667). COUNCIL DISTRICT— BEACH MEETING DATE: January 17, 2017 • Background: The site consists of four nonconforming parcels that were platted in the 1920s. City records indicate that a duplex dwelling was constructed on portions of Parcel 34 and 35 in 1926. The applicant proposes to re-subdivide the four existing parcels into three parcels (Lots A, B, and C). Each of these lots will be redeveloped with a single-family dwelling. Lots A and B will front on Pinewood Drive and Lot C will front an existing 15-foot wide, unimproved public alley. A 15-foot ingress/egress easement is proposed across Lots A and B to provide vehicular and pedestrian access from Pinewood Drive to Lot C. A proposed one-foot no ingress/egress easement along the property line adjacent to the alley on Lot C will cause a deficiency in the standard in Section 4.4(d) of the Subdivision Regulations that all lots have direct access to a public street. Based on this, a Subdivision Variance is requested. • Considerations: The subject lots are within an established neighborhood developed with single- family dwellings, none of which have primary access from the existing 15-foot wide alley. The proposed three parcels could be created without a variance; however, the alley would be required to be improved to City standards. Keeping with the current development pattern, it is the preference of the neighborhood that the alley not be improved. 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 11-0, to recommend approval of this request. H. Frank Malbon & Randall Malbon DuBois Page 2 of 2 1. When subdivided, the lots shall be subdivided in substantial conformance to the submitted site layout entitled, "PRELIMINARY RESUBDIVISION OF PROPERTY LOTS 32 THRU 35, BLOCK 2, PINEWOOD," dated September 12, 2016 and prepared by Stephen I. Boone&Associates, PC. Said exhibit has been exhibited to City Council and is on file in the Planning Department. 2. When developed, the dwellings shall be developed in substantial conformance to the submitted photographs shown on pages 10 and 11 of this report. 3. A one-foot no ingress/egress easement shall be recorded along the property line adjacent to the 15-foot alley, northern lot line of proposed "Lot C." 4. An access easement shall be provided to provide access to proposed "Lot C" from Pinewood Drive. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. b4,„„1 Submitting Departure Agency: Planning Departmentc\' � City Manager: �\ .„________ Applicant & Property Owner H. Frank Malbon & Randall MalbonvB Agenda Item DuBois, Trustees of the R.E. Malbon Land Trust Public Hearing December 14, 20162 City Council Election District Beach Virginia Beach Request Pinewood Drum [1\--1 Subdivision Variance (Section 4.4 (d) of the ;S Norfolk Avenue y„Sleet Subdivision Regulations) ¢„ 3 s < ar < a a 0 sar re,11„ n n£ 1 si„west < 9t„street ,, f Staff Planner911,street1 WI 9 �� Kevin Kemp A a „5"`" ' 65.70 dB DNI c Location 70-75 d8 DNL e. 6P`Sttee` 419 &421 Pinewood Drive ”"®"A'''< " F '" Darollna Avenue GPINs c ` 2427143621, 2427142667 W �n fr` } ci„Weea fft Avenue clow`Av woe am Sar eea Site Size 3 5 >1e,„Aye„ 15,613 square feet *hr, e„ue , 9a dstreea {err>a<Av � AICUZ .75 dB DNI_ 65-70 dB DNL i Existing Land Use and Zoning District Duplex& single-family dwelling/ R-55 Residential e Surrounding Land Uses and Zoning Districts -', '' ',211s 'le,' , North74 „. > Single-family dwelling/ R-5S Residentialilk South , N 7,, .Ark- 17\ . Pinewood Drive +<~t w Single-family dwellings/ R-5S Residential East s • , Single-family dwelling/ R-5S Residential ".: West 'e• . • ` ' d Single-family dwelling/ R-5S Residential • ` e 'I> '''' • • i Wag H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 1 Background and Summary of Proposal • The plat that created the Pinewood neighborhood was recorded in 1926.This plat depicts the subject properties as four parcels (32, 33, 34 and 35). Each parcel is approximately 25-feet wide and between 3,000 and 4,000 square feet in size.These four parcels are deficient in the required 50-foot minimum lot width and the 5,000 square-foot minimum lot area of the R-5S District, and as such are nonconforming. Existing Parcels / 5.15*. A11ey �T 1 ` �dc I._ 12I 11 s, \15 ood Drive - • City records indicate that a duplex dwelling was constructed on portions of Parcel 34 and 35 in 1926.This duplex is legally nonconforming, meaning a duplex was permitted when it was constructed; however, with the adoption of the Zoning Ordinance in 1954, duplex dwellings are no longer a permitted use in the R-5S Residential District. A portion of Parcels 32 and 33 were developed with a single-family dwelling in 1965. • The applicant proposes to re-subdivide the four existing parcels into three parcels (Lots A, B, and C). Each of these lots will be redeveloped with a single-family dwelling. Lots A and B will front on Pinewood Drive. Lot C will front an existing 15-foot wide, unimproved public alley. As the applicant has no intention of improving the alley or using it for access to Lot C, a one-foot no ingress/egress easement is proposed along the lot line adjacent to the alley. A 15- foot ingress/egress easement is proposed across Lots A and B to provide vehicular and pedestrian access from Pinewood Drive to Lot C. Proposed Lots a} A1110111 1F � )d Drive H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 2 • Proposed Lots A and B both meet the requirements of the Zoning Ordinance with regard to lot width, lot area and direct access to a public street. • The proposed one-foot no ingress/egress easement along the property line adjacent to the alley on Lot C will cause a deficiency in the standard in Section 4.4(d) of the Subdivision Regulations that all lots have direct access to a public street. Based on this, a Subdivision Variance is requested. Required Proposed Lot A Proposed Lot B Proposed Lot C Lot Width in Feet 50 57 54.5 52 Lot Area in Square Feet 5,000 5,000 5,000 5,612 #freo /1,dBDNL \ No Zoning History to Report JlO.?6BDNL Pinewood Drive - I. R-5S Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The site is located within the Resort Strategic Growth Area (SGA).The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. One of the actions called for in the Comprehensive Plan is to provide an appropriate transition of land uses between intense commercial uses and established neighborhoods. Although the site is located within the official boundaries of the Resort SGA, it is outside of the districts identified in the Resort Area Strategic Action Plan (RASAP). Natural and Cultural Resources Impacts The site is located within the Owl's Creek watershed.There do not appear to be any significant environmental or cultural features associated with the site. H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Pinewood Drive No Data Available No Data Available Existing Land Use'-40 ADT Proposed Land Use 3-30 ADT 'Average Daily Trips Sas defined by a single- Sas defined by three single-family °LOS=Level of Service family and duplex home homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Pinewood Drive in the vicinity of this application is a 40-foot wide right-of-way and is considered a two-lane undivided local street. It is not included in the MTP.There are no roadway CIP program projects slated for this area. Public Utility Impacts Water All three proposed lots must connect to City water.There is an existing six-inch City water main along Pinewood Drive. Sewer All three proposed sites must connect to City sanitary sewer.There is an existing eight-inch City gravity sanitary sewer line along Pinewood Drive. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The applicant proposes to re-subdivide four existing nonconforming parcels into three parcels,each to be developed with a single-family dwelling.The proposed three parcels could be created without a variance; however,the proposed one-foot no ingress/egress easement along the property line adjacent to the alley removes any direct access for Lot C to a public street. Creating a new parcel without direct access to a public street requires a Subdivision Variance. The subject lots are within an established neighborhood block bound by Lake Drive,The Midway, and Pinewood Drive. The block is developed with single-family dwellings, none of which have primary access from the existing 15-foot wide alley and the alley has never been improved. Keeping with the current development pattern, the applicant does not propose using the alley for access to Lot C. Lot C will be accessed instead via Pinewood Drive via a 15-foot wide ingress/egress easement across Lots A and B. H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 4 In Staffs opinion,this proposal is not recurring in nature and is a preferred development pattern rather than improving the alley to provide vehicular access to Lot C. Section 502(e)(2)of the Zoning Ordinance, amended in 2003, requires that when under the same ownership, substandard lots within the R-55 district must be combined to create lots that meet or as closely as possible meet the requirements of the R-5S District. In keeping with the intent of this ordinance,the proposal will provide three single-family lots that adhere to the dimensional requirements of the Zoning Ordinance, thus removing four non-conforming parcels. Additionally,this request will lead to the removal of a nonconforming duplex. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When subdivided,the lots shall be subdivided in substantial conformance to the submitted site layout entitled, "PRELIMINARY RESUBDIVISION OF PROPERTY LOTS 32 THRU 35, BLOCK 2, PINEWOOD;' dated September 12, 2016 and prepared by Stephen I. Boone&Associates, PC.Said exhibit has been exhibited to City Council and is on file in the Planning Department. 2. When developed,the dwellings shall be developed in substantial conformance to the submitted photographs shown on pages 10 and 11 of this report. 3. A one-foot no ingress/egress easement shall be recorded along the property line adjacent to the 15-foot alley, northern lot line of proposed "Lot C." 4. An access easement shall be provided to provide access to proposed "Lot C"from Pinewood Drive. 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 ICPTED)concepts and strategies as they pertain to this site. H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 5 Existing Lots . nJ Q1 • Z Q I 1 Ce N i- 0 0 y i J Z H _N X W LA M ...: ,Jx, M i M N Fin I s _ ` t z {di* I I 6 y ii 0 1 u C • H. Frank Malbon & Randall Malbon DuBois, Trustees Agenda Item 2 Page 6 Proposed Lots la n 0 •i c of; ifi I: ztiill E:So N I— o CIw N :....: O Z C. H w � z-s ce o Q U O. - n nw - In ,\ .--i wN . t w l9 I N w O • � � • • � '� a N 1 . - \ O w cc cc CL Z • 1I 04 yl 10 N I • . . ..� . .--�L ._.7.�-«..•__mow -.. .. o1 Z tcl\ er C3 tifi l'i UJ w t oo cc i I CL w a N n o UJ v CL a Yt�a 1 Z L H. Frank Malbon & Randall Malbon DuBois, Trustees Agenda Item 2 Page 7 Site Photos .4. Ilt,, i 4 . - .1I�► + : , , _ •. , , __ , _____ . . k . -IIR-1 wi,, ... .ice at:• pua • y o d+t y ":. �•_ .y; t1 t '+ ,dam' • . . ik 1 + , .'- may. ii I b ,. ,. H. Frank Malbon & Randall Malbon DuBois,Trustees I Agenda Item 2 Page 8 r Site Photos J -, a ° i.,..„1 K �' F ‘...'',24•••:.'-'•{ 'fir, Iiiik .., : r • - ... , ; '.14-,„,., la- „4*.rli1444. .... .•17:::-''' . . l •. b • Mk TN Ilk may`:w. ,,t: ! --, ;i✓;'•a, ;`..s4 if . a, ',fix :....,,..:::::-:.41.1-":',.. 7;0C. - 1r...\` 4-1 .: ..,s. .-,�Cy _ ;01114 , :,,;, "� • r J*:• { i j;'4f v, c Ill `6 �' !.1 �"t�ti •y S *" / t"y i,Y�cl.! ^• :- y' Yid 9 �! y shy .. - ' .0 ;S '. / `. ! v -,; ri. <. '•' ,Vita .A:- r a T illi. L I t f .:k. - —� �-' (4'-10-• .° . II Amy �:-Y' ♦ x.ir .max .. _- midi H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 9 Proposed Building Elevations ' - r1911(:14111111111 19l.-7 f { """ "ZS MCC= MM22 NM= Velar' I I;.,44. MIME,fa MI M. _ [ 1 a . 1.,...,.. �.i_ _ iA1''J + - ;: Zo '�i 0': irr 1. .1-- * '� 1• Ir I'S?' • ' -i-a-m-mark-- •,,,. i il . ....„ N ,____ _ Air ,.. :- .44;.K . . Yh.. I H. Frank Malbon & Randall Malbon DuBois, Trustees Agenda Item 2 Page 10 Proposed Building Elevations _.m 1` , T jr• 11 1 — El 1 J EMs Nms imam sem .7., I H. Frank Malbon & Randall Malbon DuBois, Trustees Agenda Item 2 Page 11 Disclosure Statement Yi3 Virginia Reath H Frank Malbon & Randall Malbon DuBois, Trusle APPLICANTrS NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City I I Modification of by City Property Conditions or Proffers 1 Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) r_ _. Board of Zoning I I Encroachment Request I Rezoning Appeals I Certificate of ppropriateness Floodplain Variance Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit I License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • 4 SECTION 1 / APPLICANT DISCLOSURE --- Page 1 of 7 Kevin Kemp a H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 12 Disclosure Statement Virginia Beach UCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business. or other unincorporated organization. HCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name'. If an LLC, list all member's names'. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below- (Attach list if necessary) (e) List the businesses that have a parent-subsidiary t 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. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. pi Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name'. If an LIC, list the member's names'. Page 2 of H. Frank Malbon &Randall Malbon DuBois,Trustees Agenda Item 2 Page 13 Disclosure Statement Virginia Beach If a Corporation, list the names oral) 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 or indirectly owns shares possessing more than 50 percent of the voting powerof 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 (ii 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 16o there is shared management or controlbetween 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 manage the two entitles, there are common or mingled funds or assets. the business entiti sshare the use of the same offices or employees or otherwise share activities, resources or personnel on regular basis. or there is otherwise a close working relationship between the entities" See Stateand 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 subiect of the application or any business operating or to be onerated 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 SEPERAT ELY Page 3 of H. Frank Malbon & Randall Malbon DuBois,Trustees Agenda Item 2 Page 14 Disclosure Statement VB APPLICANT Virginia Beach VESTNOSERVICE PROVIDER meaaehmml sheets it l_ -: - -. -. needed) Accounting and/or preparer of Riki Black,EA your tax return Architect/Landscape Architect/ Land Planner IContract Purchaser(if other than • X theA r t)- identify purchaser and purchaser's service providers • Any other pending or proposed • z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) C '', Construction Contractors • n Engineers/Surveyors/Agents Gallup Surveyors&Engineers.Ltd. *`,I� 5 I-N.eh Financing(include current TowneBank R"r'l mortgage holders and lenders ❑X • selected or being considered to provide financing for acquisition or construction of the property) l P-1( Legal Legal Services Sykes.Bourdon.Ahern&Levy.P C 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 YESNO Does an official or employee of the City of Virginia Beach have 1 an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of H. Frank Malbon &Randall Malbon DuBois,Trustees Agenda Item 2 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ,AP lication aw_ vcL h't 2;_ t4�.< tanriaII /11 •;bud]CC' v4:k A• 3r4rs si- PR/T �sEb DATE , /YAtSoAI 9/d3/U Page 5 of H. Frank Malbon &Randall Malbon DuBois,Trustees Agenda Item 2 Page 16 Item 92 H.Frank Malbon & Randall Malbon DuBois,Trustees of the R.E. Malbon Land Trust Subdivision Variance 419,419-A,421 Pinewood Drive District 6 Beach December 14,2016 CONSENT An application of H. Frank Malbon& Randall Malbon DuBois,Trustees of the R.E. Malbon Land Trust for a Subdivision Variance (4.4(d) of the Subdivision Regulations) on property located at 419, 419-A,421 Pinewood Drive, District 6, Beach. GPINs: 2427-14-3621-0000; 2427-14-2667-0000. CONDITIONS 1. When subdivided,the lots shall be subdivided in substantial conformance to the submitted site layout entitled, "PRELIMINARY RESUBDIVISION OF PROPERTY LOTS 32 THRU 35, BLOCK 2, PINEWOOD," dated September 12,2016 and prepared by Stephen I. Boone &Associates, PC. Said exhibit has been exhibited to City Council and is on file in the Planning Department. 2. When developed,the dwellings shall be developed in substantial conformance to the submitted photographs shown on pages 10 and 11 of this report. 3. A one-foot no ingress/egress easement shall be recorded along the property line adjacent to the 15- foot alley, northern lot line of proposed "Lot C." 4. An access easement shall be provided to provide access to proposed "Lot C" from Pinewood Drive. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 2. AYE11 NAYO ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 2 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. II II II i I II t III ;I1 II II I N III 1 0 II II III � II h II `O II I el . %illyII j sS 1, , i .) i Ih ici(------______ / -------7 �t-- ------'7:-.--] r iltt .--. 7 ) r---7-::::------D ,._ ,--- t r___________,J C-L----------------____-1 \ ,_._____ „/ / r------ r--------___ ,-_, rz---z-----------,,,,)7 , ---------.„ ...K.,„,,..,,/ / ---...zz:zzirN •-7 [ -- -'----/ . ---,--;...,-_____ 7 t '''''',.4.-Thi rilli a " 0'. ,': 1 / / r . - cr.ra"1441 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOGS TOOTH PRECISION, LLC [Applicant] FRANZ LEEK [Property Owner] Conditional Use Permit (Home Occupation — Firearms Sales) 1247 Princess Anne Road (GPIN 2401725508). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: January 17, 2017 • Background: The applicant requests a Conditional Use Permit for a Home Occupation to sell firearms on an individual basis from the existing single-family dwelling. Sales will be conducted on a referral-only basis and via the intemet. No sign to advertise the business is proposed or will be permitted. All federally controlled items will be stored in secured steel vaults. 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. The Virginia Beach Police Department will conduct a security assessment of the home in the presence of the applicant within one month of approval by City Council. • Considerations: Staff anticipates that this request will be a very low intensity use. The requirements of the Zoning Ordinance and the conditions recommended by Staff were developed to provide safeguards for the activities associated with the home occupation and compatibility of the proposed use with the surrounding properties. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 subject to the following 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 Hogs Tooth Precision, LLC Page 2 of 2 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 Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- .UAgency: Planning Department City Manager 't. 'NIBApplicant Hogs Tooth Precision, LLC Agenda Item Property Owner Franz Leek Public Hearing December 14, 20166 City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Home Occupation— X8,/,.4 Q., Firearm Sales) II Vaughan Road n Staff Planner t Rung°Ridge Court Jimmy McNamara ; �t c Location 1247 Princess Anne Road GPIN ! 2401725508 qpio Site Size 1 acre -011 AICUZ • Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North ' A Greenhouses/AG-2 Agricultural ;r _,. South , '7 - r. Single-family dwelling, farm/AG-2 Agricultural -. rr--- - East 1 Princess Anne Road Cultivated land /AG-2 Agricultural 1 ' West Greenhouses/AG-2 Agricultural , allr 1" /4111*..imr, k ft�y�/Q��J ti -/- w ea I Hogs Tooth Precision, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Home Occupation to sell firearms on an individual basis from the existing single-family dwelling. • Sales will be conducted on a referral-only basis and via the Internet. No sign to advertise the business is proposed or will be permitted. • Commercial delivery of products 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. • 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. AG-1. o ' f r Zoning History • # Request 1 SVR Approved 12/08/1992 AG-2 �� jQ 2 CUP(Boarding of Horses and Horseback Riding) AG-2 Approved 02/13/2007 Ilarminumiummommommimemin 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 Hogs Tooth Precision, LLC Agenda Item 6 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Rural Area." Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life, sustaining natural resources for future generations and managing rural area development and design. (p. 1.127- 1.128) Natural and Cultural Resources Impacts The site is located within 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 Princess Anne Road 7,945 ADT. 7,400 ADT'(LOS 4"C") Existing Land Use 2— ADT' 12,000 ADT'(LOS 4"D") Proposed Land Use 3—Minimal Average Daily Trips 2 increase anticipated as defined by a single- a as defined by a single-family dwelling °LOS=Level of Service family dwelling with a home occupation Public Utility Impacts Water City water is not available. The site is currently served by a Health Department approved private well. Sewer Sanitary sewer is not available. The site is currently served by a Health Department approved private septic system. 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. Hogs Tooth Precision, LLC Agenda Item 6 Page 3 (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. The proposed request to operate a Home Occupation—Firearm Sales business from the existing single-family dwelling, in Staffs opinion, will not change the character of the surrounding area, 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 surrounding area. 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. Hogs Tooth Precision, LLC Agenda Item 6 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. Hogs Tooth Precision, LLC Agenda Item 6 Page 5 Site Photo Imo.-. �. ,,g ��, � . . ' era�r4Y.Yrq. �� f j rIik • -,6 •- n r _. ' i I • InG:IIi►IIIII"'[Z1111111:1111111111, µ -.ow* - te r • .wriwn .810 •+rye.•• V.: I I 1 Hogs Tooth Precision, LLC Agenda Item 6 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME J--6..“ 1o� (9,--pcis,a,i LCL 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 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE r FOR CTTY USE ONLY/All disclosures marl be updated Iwo I?)week,prix I, o any PlanaCe nimesmn and City Counut meeting that vellums to the a ppb,aion(.). Page 1 of 7 H ❑ APPI ICANY NOTIFIED OF HEARING DATE q� rt NO CHANGES AS Of DAI1. )/ a it / 41 Jimmy McNamara REVISIONS SUB MI1 TED DP I -/ {9 J Hogs Tooth Precision, LLC Agenda Item 6 Page 7 Disclosure Statement Virginia Beach D Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. gCheck here if the APPLICANT /5 a corporation, partnership, firm, business, or other unincorporated organization. �7 (A) List the Applicant's name:_4/y_✓c,r_.LL/`At_ CJ-S'cS[ni_ LLC If an LLC, list all member's ames: rKz LK_7 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (2) 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 r 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:__ Fe'z Lger If an LLC, list the member's names: Page 2 of 7 Hogs Tooth Precision, LLC Agenda Item 6 Page 8 Disclosure Statement VirY.V Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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 relationship, that exists when(p one business entity has a controlling ownership interest parn ent-subsidiary business entity, (in a controlling owner in one entity is also a controlling owner in the other entity, or (Ill) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Hogs Tooth Precision, LLC Agenda Item 6 Page 9 Disclosure Statement APPLICANT Virginia Beach • [YES FNO7 SERVICE PROVIDER(use additional sheets If needed) ❑ 12Y Accounting and/or preparer of K� your tax return ❑ ®' Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 171 the Applicant)-identify purchaser and purchaser's service providers Er- Any other pending or proposed � ❑ CJ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ El Engineers/Surveyors/Agents Financing(include current X mortgage holders and lenders David Winfree selected or being considered to provide financing for acquisition �-,( or construction of the property) ❑ L/�1 Legal Services Real Estate Brokers/ ❑ Er Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Hogs Tooth Precision, LLC Agenda Item 6 Page 10 Disclosure Statement •.. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this A. •lication. _ /ice �� ✓z `.EEK 1//6/2as APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Hogs Tooth Precision, LLC Agenda Item 6 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use daemaonal sheets if ❑ X Accounting and/or preparer of your tax return ❑ X Architect/Landscape Architect/ Land Planner JX Contract Purchaser(if other than ❑ the Applican°-identify purchaser and purchaser's service providers Any other pending or proposed ❑ X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ X Construction Contractors ❑ X Engineers/Surveyors/Agents Financing(include current X ❑ mortgage holders and lenders selected or being considered to David Winfree provide financing for acquisition or construction of the property) ❑ X Legal Services Real Estate Brokers/ ❑ X 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 ❑ X 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 Hogs Tooth Precision, LLC Agenda Item 6 Page 12 Disclosure Statement • • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this ,A. •Iication. � '„,,k &4A/z 4eEh r/O-os OWNER'S SIGNATIIRF PRINT NAME DATE Page 7 of Hogs Tooth Precision, LLC Agenda Item 6 Page 13 Item #6 Hogs Tooth Precision, L.L.C. Conditional Use Permit Home Occupation—Fire Arm Sales 1247 Princess Anne Road District 7 Princess Anne December 14,2016 REGULAR Jeff Hodgson: I'll ask Jan to call the first item to hear. Kay Wilson: Mr. Chairman, if we could? Please Mr. Inman would note your reason for abstaining. Mike Inman: My firm has a relationship with the owner of the property. Kay Wilson: Thank you. Jan Rucinski:Our first item to be heard today is item 6. Hogs Tooth Precision, L.L.C., which is an application for a Conditional Use Permit(Home Occupation—Fire Arm Sales)on property located at 1247 Princess Anne Road, District 7, Princess Anne. Is there an applicant for this application? Can you come forward and state your name for the record please. Frank Leek: I am Frank Leek with Hogs Tooth Precision, L.L.C. Jan Rucinski: Okay. Can you tell us about your application? Frank leek: My application, I wasn't aware there was any opposition to it until last night. And I've seen spoken with Mr. Brock, who is one of the people who wrote the letter, I guess to the Planning Commission. I've already gone through all the requirements for Federal FFL application.They are just waiting on the Conditional Use Permit from the City. In Mr. Brock's letter,some of the things he is concerned about are already governed under Virginia Beach law, such as discharging firearms. There would be no discharging firearms on the property. I told him I've lived there for ten years. I've never discharge a firearm on my property, and it is not going to change now. One of the other issues that he had some concern with was with parking. I've got a driveway that is over 150 feet long. It is Pungo for those who are not aware. I'm going to deal with one person at a time. I have ample parking. Let's see. I've told him, if anything, there is even more, I guess leverage that he has in his concerns about Conditional Use simply because not only do I have to abide by the City of Virginia Beach. I've got to abide by Federal and State laws as well. There is over 114 that I know of FL holders in Virginia Beach and of those, I only know three,where weapons are discharged on the property, and those are all places where there is a gun range on site. Part of the issue that Mr. Brock had, I guess, his family has owned the property in Virginia Beach since the 1800s,and some of that stuff has been divided up over years and there has been Conditional Use Permits for other people that were later down the line taken to conditions that weren't in the original Conditional Use Permit. I've read the conditions of my Conditional use Permit and I have absolutely no problem with any of those conditions. And that is basically. I don't know if he still opposes. I spoke to him on the phone. He seemed to feel much better Item #6 Hogs Tooth Precision, L.L.C. Page 2 about it. He did say,you know, somebody's word is only their word until you see it in place. Well, unless I have the Conditional Use Permit, I can't prove otherwise. Jeff Hodgson: Thank you. Are there any questions? Donald Horsley: I think the reason why Mr. Brock, normally when people applied for a Conditional Use Permit, they go ahead and talk to the neighbors,and I don't think you had done this. That is the first step is to go around and get your neighbors on your side, and that is the first step. I think that's probably his main concern. Frank Leek: Yes sir. As you can see there, I am complete surrounded by a nursey, and I did go speak to them. Donald Horsley: I know where you are. Frank Lee: And I spoke to everyone at the nursery, and I told them what was going on. What I didn't do is go and speak to the person who actually owns that property that is leased, and that is my fault. Donald Horsley: But you have talked to Mr. Brock now? Frank Leek:Yes sir. He and I actually sat next to each other this morning at the pre planning hearing. Donald Horsley: And you think he's fine with it now? Frank Leek: Yes sir. Donald Horsley: He is not here I don't guess. Frank Leek: My understanding was that he wasn't coming. Donald Horsley: So, I assume he is okay with it. Thank you. Frank Leek: Yes sir. Jeff Hodgson: Are there any other questions? Alright,thank you sir. Jan Rucinski:There are no other speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion amongst the Commission. Donald Horsley: Mr.Chairman, since the applicant has met with Mr. Brock and gotten squared away with any concerns that Mr. Brock had,and I am assuming that Mr. Brock would still be here,and so I would make a motion to approve the application. Jeff Hodgson: A motion made by Commissioner Horsley. Item #6 Hogs Tooth Precision, L.L.C. Page 3 Bob Thornton: I'll second it Jeff Hodgson: A second by Commissioner Thornton. Mr. Weeden? AYE11 NAY ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Hogs Tooth Precision, L.LC. . i )1 , 1 .' i 1 i ,•-r•., Ln 1 I r r., . , ,1-• I f!' 1 . , M• , % t I 1 i '--AC) % , •, \ , ,'''. Nil \ ,._,i I i • \ ---------- . , '> 711 \ 1 i 1 ,i'• . \ ,.....- •'. , • r-----. lhal , I fr• . . , , .__ _, - •-,„,v, • _.. ›.•, _ ... 1 . _ -_ , , , , \ , ,-----------7\---1 i' - o ri \ ,\ _ ___-- , I . . . . ; . : 1 , LO . ; . , . i n I v ...--...... _ ii . • . , _ ; , . , , , ; , ...tr, i...._ . , . ,, / . __, , .• ---,.„,..____ , , ,,---___ ,' i .' 'I -------- i / ! / ----, / . - r . / L.-_____ --...... . , /---- : ---? . . / -- --- ;. 10 I , .. .----__ in ? t ti N. .'. . . • . i ir filir / I , t•e e .. / /..'.. . Ce , . . e./. if / e . •-._ .., . / / / / .l. / -.._ , '-- .e ' --- .( 4- '-',..,// 11116 --' .../ / IN NIN, i . . i --, : • .• ....sh...„,. ,, . . . . .... •_.,_ /Fr , / „....,_ . . .• ___..,.. f--------„, ... ..,... • o / 44t....„,.41 ., / , . . . .....,.. . „.. e.„ . -... . if/ ,,,,./ , ...„ -----.„/ ci / . • / ,s, ./ ,„..--qc .____- , ---------.„,...., „..,....„..... , CNI , / :- wr -----,..„, ....., . , ----- I--------- .: , . , 2 / , I.. 1 : ---- , ,..„. / .-.. 1 (---.....„„ --. \. .- 4. ir9 .-- / s-----„,„ / , . ., ,, ,, ,/0: , . . , , . e .. ,.... i , NH•I '"---„,..,:.--,,_ -. - 6, . 1 / • ._, . .. --. i ...._ . • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MON CHERIE DAY SCHOOL FOR THE ARTS [Applicant] SHERRIE & GREGORY KNIGHTON [Property Owners] Conditional Use Permit (Family Day-Care Home) 3316 Lakecrest Road (GPIN 1486848286). COUNCIL DISTRICT— ROSE HALL MEETING DATE: January 17, 2017 • Background: The applicant requests a Conditional Use Permit for Family Day-Care Home to care for up to 12 children within a single-family dwelling. The approximately 7,500 square-foot parcel has an enclosed back yard for the children to play outdoors. The proposed typical hours of operation are 6:00 a.m. to 6:30 p.m., Monday through Friday. • Considerations: This request for a Conditional Use Permit for a Family Day-Care Home will provide a valuable service for families in this part of Virginia Beach. It is Staffs opinion that the proposed use is appropriate for the subject site, and is compatible with the surrounding residential land uses. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. Mon Cherie Day School of the Arts Page 2 of 2 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. \ / Submitting D- _ .rt + - eency: Planning Department_ 1.(�, I -L}�o'� City Manager: �.1�V..11 �/"'rvt � Applicant Mon Cherie Day School of the Arts Agenda Item Property Owner Sherrie & Gregory Knighton r BPublic Hearing December 14, 2016 Cify ul City Council Election District Rose Hall 8 Virginia Beach Bo" Request "e°"'"at° Conditional Use Permit (Family Day-Care Woodsman ynr A'a'nanan paq Home) 06 h F Dana Lanr ahpC,'q' Staff Planner Nor Meat.On vp Jonathan Sanders r.o+Run Road af 65.70 dB ONL = 4 7075 dB DNL po�d`� c ?q��a wn thta ce Location y �` P°�6 E 3316 Lakecrest Road °� t 1/2 q, s pa >75 dB ONL 1; GPIN z °, 1486848286 ya" ��! x • n t� �O. W� I Lq�• P �` tre A°21 d E `,'t" ..Lane Site Size n 64o a 44-0 ��° b 7,553 square feet `� "°" AICUZ won.Lan'' 4 70-75 dB DNL Existing Land Use and Zoning Districti4 ", , , , Single-family dwelling/ R-7.5 Residential ^I/�! �~ . / • , Surrounding Land Uses and Zoning Districts d s North ,),1- ,.= : i , r'' Single-family dwelling/ R-7.5 Residential :. South `." % Lakecrest Road r :� Niwk t Townhouses/A-18 Apartment - '• �, , ' ', lii ie , East a, i:_ ,.�- 14. Single-family dwelling/ R-7.5 Residential -_::' f`,,,.., ��''� �'' , �. . IIIr West -:\� ra : ' 4+ f, iP:1 1:•,*.c "c F t Single-family dwelling/ R-7.5 Residential ' � I. Mon Cherie Day School of the Arts Agenda Item 8 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for Family Day-Care Home to care for up to 12 children within a single-family dwelling. The applicant has 13 years of experience working in the childcare field. • The approximately 7,000 square-foot parcel is zoned R-7.5 Residential. The property has an enclosed back yard for the children to play outdoors. • The proposed typical hours of operation are 6:00 a.m. to 6:30 p.m., Monday through Friday. • Consistent with the provisions of Section 501(b)(5) of the Zoning Ordinance, the applicant intends to employ one employee to assist in the operation of the family day-care home. R-7.5 Ft-7.5 a ak / No Zoning History to Report 70.75 de ON, eCP •StRoad o A-18 A-12 A-18 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Mon Cherie Day School of the Arts Agenda Item 8 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lakecrest Road No Data Available Existing Land Use a-10 ADT' Proposed Land Use 3-48 ADT 'Average Daily Trips 2 as defined by one single- 3 as defined by Family Day-Care Home family dwelling with up to 12 children Public Utility Impacts Water and Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the Comprehensive Plan's land use goals for residential areas, as it provides a valuable service for families in the Suburban Area.Staff has recommended a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. It is Staffs opinion that the proposed use is appropriate for the subject site,and is compatible with the surrounding residential land uses. Staff recommends approval of this request with the following conditions. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12)children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one(1) person,other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. Mon Cherie Day School of the Arts Agenda Item 8 Page 3 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. Mon Cherie Day School of the Arts Agenda Item 8 Page 4 Site Layout / ' 1 :. Site / ,' R-7.5 I � / / 70-75 dB DNL 1 ',/ -‘ ., 0 --,,_ �� , ,-_ 0e", • � / / -�r -, Sf \ 1 .i�, / �. °e0I � /' :t7 ` ,� A-12/ / / //?- Mon Cherie Day School of the Arts Agenda Item 8 Page 5 Site Photo ' , ..5:. ,,,fe • . .,..,,,,00,,,,.. ',,..,, ,,, '- • -,4', - ;di, , , ' 0. • *, i :4' ' . . 416re .. . , . .• ' 'ic F.., 't ..' 1 -;,.....c.r.7. • 0••••• '..*. 4.• '.''.- ''''''' ':. • ' ".' % e"- .‘;:r.t.V '..- *• - ,.1 '. ....... , - . rcp- '• I, ,-. '''' ' "4,., -. ..,40,—Isr.:`,, 4,..: , '. •,,,,, it A • , " ''. ' L" ::fel s , . 1/ _ 1 6104" 4.. 'II' . , I, . ilt‘.. •e• •• •. 1 • , , •, I,.. .,..4... . .. .... , . . c.... -s.. .•.: ,:. ... i III II* • . • 1 lit itim rT— • 1-ir ,rTe iligio off . . , i _ ....., .,•._ _.. ..._ _........„._ _, ,.---.- , .•,.. ........ ,., ..- _. . w.. ._,s. .• -: ,..........4...,,......4.....• ... . ...,........... ....„... .- . _ Mon Cherie Day School of the Arts Agenda Item 8 Page 6 Disclosure Statement Virginia Reach APPLICANT'S NAME Mon Cherie Day School of the Arts 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 Propeny 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 foe<nr uzroNlv : :. - Page 1 of7 AM ANT NU I'IN Of H[ANw. 12/ NG(unNc CS AS(1' ^ VV4/l 7 JS Jonathan Sanders D REVISIONS SUHNHT LE) Mon Cherie Day School of the Arts Agenda Item 8 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Mon Cherie Day School of the Arts 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) Sherrie M. Legette-Knighton, member (B) list the businesses that have a parent-subsidiary or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 4 , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Avolkant. �e� Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Mon Cherie Day School of the Arts Agenda Item 8 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 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 4 22-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, thatexists when (g onebusiness entity has a controlling ownership interest inthe other business entity,(ii)a controlling owner in one entity also a controlling osng owner the shouty, (iii) r there is shared management or control between the business entitles. Factors that ehbe srIn determining the existence of an affiliatedbusiness sooty relationship include that the same person or substantially the same person owor manage the two entitles; there are common or commingledfunds or assets; the business entitles share the use of thesame oemployeesotherwiseor share activities, resources or personnel on a regularbasis; there is otherwise a close working relationship between the entitles.' See State and Local Government Conflict of Interests Act,Code§ 22-3101. • 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 SEPERATELY Page 3 of Mon Cherie Day School of the Arts Agenda Item 8 Page 9 Disclosure Statement APPLICANT Vir�YL YES NO SERVICE PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or preparer of Mr. Frederick Green your tax return n " Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Aoolicant)- 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 VA,ABNB ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / ▪ �-� Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mon Cherie Day School of the Arts Agenda Item 8 Page 10 Disclosure Statement M� Virginia Beach 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 i provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee In connection with this A. dication. 4Yl A$ s ��m,1 ,/ ehrn 4zr�� APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of Mon Cherie Day School of the Arts Agenda Item 8 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or preparer of Mr.Frederick Green your tax return ❑ fl Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ 0 the Aoolirant)- identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • 11, Construction Contractors ❑ '-� Engineers/Surveyors/Agents Financing (include current VA.ABNB ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ I01 Agents/Realtors for current and W 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? Page 6 of 7 Mon Cherie Day School of the Arts Agenda Item 8 Page 12 Disclosure Statement m� Virginia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate, 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. d . , Demme 3h t e 4ohfrml9-ZFIfn APPLICANT'S SIGNATURE PRINT NAME DATE Mon Cherie Day School of the Arts Agenda Item 8 Page 13 Item#8 Mon Cherie Day School of the Arts Conditional Use Permit 3316 Lakecrest Road District 3 Rose Hall December 14,2016 CONSENT An application of Mon Cherie Day School of the Arts for a Conditional Use Permit(Family Day-Care Home) on property located at 3316 Lakecrest Road, District 3, Rose Hall. GPIN: 1486-84-8286-0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12) children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person,other than the applicant,shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 8. AYE11 NAYO ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#8 Mon Cherie Day School of the Arts Page 2 WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 8 for consent. Sherrie Knighton appeared before the Commission. .•-...._.. 5 (9., rCI ,. ,._, ......,. ._ . . . . .. ".' .. ._.._.- ..._ , _• i , ... _... s L , --, . Ce . ll ... pt .. ____ . . . . . „. , . , . , ___- _„..., 7--- .',. -1. r 0 1 .___-.-:•:---- .... .___ -,-----.-- - IX &.' 111 • 1111 / '-': •• IP • 16 ---- ._ r itk .fet 4 0 1...7.70 • 111111\111111116 Ce. i 1 ad MI .11111 111 at -1• :le- 1 . - if \ __,..1 ..., ri l\ 1,----1 . L --r- • . . ....s.,._..._, r...791 • . 8 . . CD - • IX . ,,. ._...., . _..• ., . • 1,. 0 . . ,.... ...• . • . ,..----- / 1 i \ += . , •.--...,- I . . r.;.... . . ... 1 ... -. ....•- 1, „...141 , ... .. . w.f. , \ 0..A.0„..... L\L._•-- [ 7,4,-,., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VERIZON WIRELESS — CARDINAL ROAD [Applicant] CAVALIER YACHT & GOLF CLUB [Property Owner] Conditional Use Permit (Communication Tower) 1052 Cardinal Road (GPIN 2418246584). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: January 17, 2017 • Background: In 2008, a Conditional Use Permit for a 95-foot tall monopole Communication Tower was approved on Cavalier Golf and Yacht Club property. This request is to construct a second tower on 650 square feet of leased space in the general vicinity of the existing tower. The leased area will be enclosed with an eight-foot tall chain- link fence with fabric screening. The equipment will be further screened by existing mature vegetation and the existing maintenance building. The proposed tower will be a 110-foot high stealth monopole (commonly known as a "slick stick") with a four foot lightning rod. • Considerations: Careful consideration has been given to locating the ground equipment out of view of the right-of-way and away from any adjacent property lines. The applicant has provided photo simulations depicting the view of the proposed tower from four locations surrounding the site. The proposed location for the tower is setback nearly 200 feet from the nearest property line and over 300 feet from the nearest residential dwelling. This exceeds the minimum setback of 137.5 feet (125% of the tower height)from the nearest residential or apartment structure. Likewise, the applicant conducted a public meeting at the club and mailed out letters to all adjacent property owners informing them of this request. The applicant has submitted the required Radio Frequency Emissions Report along with documentation from a professional engineer that indicates that the tower will be designed to withstand a 121 mile per hour or higher wind, as required. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. A letter of opposition to this request was submitted to Staff noting concerns related to property values and negative impact to views. Verizon Wireless— Cardinal Road Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Cardinal Road 1052 Cardinal Road Virginia Beach, VA 23451," prepared by Dewberry Engineers Inc., and dated November 21, 2016. 2. A full structural report shall be submitted during detailed site plan review. 3. The tower shall be designed to accommodate two extra ports in order to provide for future co-location opportunities. 4. There shall be no barbed wire permitted on any of the proposed fencing. 5. The existing row of mature vegetation on the west and east side of the proposed leased area shall remain and be maintained to screen the ground- level equipment and monopole tower. 6. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 7. The maximum height of the tower shall be 110 feet with a four-foot lightning rod. 8. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 9. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• .rtm- • . • •ency: Planning Department"J• IPr, of i .. / City Manager: 1,4,21 Applicant Verizon Wireless — Cardinal Road Property Owner Cavalier Yacht & Golf Club Public Hearing December 14, 20161 0 Cityq City Council Election District Lynnhaven Agenda Item Virginia Beach -f i a. Request $ c' a Conditional Use Permit (Communications , 5 c %e""` a Tower) P`�.5, Staff Planner 0 Jimmy McNamara 65.70 dB DN a � Location , tg I c. 1052 Cardinal Road �"� / 4 C R'n(wOo�R� GPIN 0..* , .,coo' a a 2418246584 a i Site Size 101.8 acres (650 square feet leased) �F`"w A0:7 AICUZ n 70.75 dB DNL ' 65-70 dB DNL; Sub-Area 3 ,;r+,<<O 100ercoot` 1 s Existing Land Use and Zoning District Golf course, country club& marina/ R-40 Residential Surrounding Land Uses and Zoning Districts . V ., North e1. ,� Little Neck Creek ;'‘ - `.0 C South i y, '-' ;,4,yam ) - ' r Starling Court . + r 1`. 1 P4 ,l,,' t>, Single-family dwellings/R-40 Residential ..‘ '',A„- 4 * . 0" East `�. . �, r�, � ;." Single familydwellings/ R-40 Residential ►s West :::;.t-•Jr .\ Bobolink Drive 1 Single-family dwellings/ R-40 Residential o.L,J K \101111e1.14 'y ?, t . •i a . rte`„ � � ''� . ti Verizon Wireless—Cardinal Road Agenda Item 10 Page 1 Background and Summary of Proposal • The existing golf club was platted in June of 1926 and opened in 1930. The Cavalier Hotel purchased the golf club in 1938 to provide for the recreational needs of the guests. Over the years, a marina, dining room,tennis courts, anchorage for seaplanes along with other improvements were added to the site. The Cavalier Golf and Yacht Club has served the area for over eight decades. • A Conditional Use Permit for a 95-foot tall monopole Communication Tower was approved by City Council in April 2008 for the site. • The applicant is requesting a Conditional Use Permit to construct a Communication Tower on 650 square feet of leased space on the Cavalier Golf and Yacht Club. The 650 square feet of leased area will be completely surrounded by an eight-foot tall chain-link fence with fabric screening. Equipment proposed to be located on the ground-level includes three cabinets and a generator. • The proposed tower will be a 110-foot high stealth monopole (commonly known as a "slick stick")with a four foot lightning rod. • The proposed location for the communication tower and associated ground-level equipment is a gravel area where outdoor equipment is currently stored. It is located behind an existing maintenance building and a row of existing mature vegetation. • A proposed variable width non-exclusive access and utility easement is proposed along an existing asphalt drive from Cardinal Road to the proposed location of the tower and equipment. • The surrounding area is currently deficient in network coverage for the Verizon network and the proposed facility will improve 700 LTE coverage in the immediate area around Birdneck Point. The applicant has stated that the existing stealth monopole facility on the site nor any other communication towers in the area are capable of supporting the equipment necessary for the network improvements, and thus requires a separate apparatus. _i'f jZoning History R-40 : # Request mili' If R,40 1 STC Approved 05/26/2009 0118-0 % CUP(Communication Tower)Approved 04/08/2008 CUP(Marina Expansion)Approved 12/09/2003 r;•-. .,_ CUP(Outdoor Recreation Facility)Approved 01/28/1997 CUP(Clubhouse Expansion)Approved 01/23/1996 /.. •. '�� R-40" - `` :< Is R-40' .Sl 11R 40 , R-40 —_ f R-40 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 Verizon Wireless—Cardinal Road Agenda Item 10 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 within the Chesapeake Bay watershed. As the property is adjacent to the Lynnhaven River, much of the property is with the Resource Protection Area,the most stringently regulated portion of the Chesapeake Bay Preservation Area. As the proposed communication tower and equipment constitutes redevelopment over an existing impervious surface, no additional review is required. Evaluation and Recommendation In Staff's view,this request for a Conditional Use Permit for a 110-foot tall monopole communication tower is acceptable. The subject site already contains a similar monopole that has been operational since 2008. Careful consideration has been given to locating the facility away from the right-of-way and away from any adjacent property lines. The ground-level equipment will be screened from view by the proposed eight-foot tall fence,existing mature vegetation,and the existing maintenance building. The applicant has provided photo simulations depicting the view of the proposed tower from four locations surrounding the site. The proposed location for the tower is setback nearly 200 feet from the nearest property line and over 300 feet from the nearest residential dwelling. This exceeds the minimum setback of 137.5 feet(125 percent of the tower height)from the nearest residential or apartment structure. Likewise, the applicant conducted a public meeting at the club and mailed out letters to all adjacent property owners informing them of this request. The applicant has submitted the required Radio Frequency Emissions Report from a licensed engineer indicating that the tower will be designed to meet or exceed industry standards as defined by TIA/EIA-222-G. A letter from a professional engineer states that the tower will be designed to accommodate future antennas to be installed by wireless carriers. Per the Uniform Statewide Building Code,the tower will be designed to withstand a 121 mile per hour or higher wind,as required. These design criteria are sufficient for the wind loading contour in this location, and if approved,a full structural report will be required during detailed site plan review. Based on the evaluation of the proposed Communication Tower in accordance with regard to the standards as provided by Section 232 of the Zoning Ordinance,Staff recommends approval of the application with the conditions listed below. Verizon Wireless—Cardinal Road Agenda Item 10 Page 3 Recommended Conditions 1. The site shall be developed substantially in conformance with the submitted plan package entitled"Cardinal Road 1052 Cardinal Road Virginia Beach,VA 23451," prepared by Dewberry Engineers Inc.,and dated November 21,2016. 2. A full structural report shall be submitted during detailed site plan review. 3. The tower shall be designed to accommodate two extra ports in order to provide for future co-location opportunities. 4. There shall be no barbed wire permitted on any of the proposed fencing. 5. The existing row of mature vegetation on the west and east side of the proposed leased area shall remain and be maintained to screen the ground-level equipment and monopole tower. 6. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 7. The maximum height of the tower shall be 110 feet with a four-foot lightning rod. 8. As required by Section 202 of the City Zoning Ordinance,the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 9. In the event that the antennae on the tower are inactive for a period of two years,the tower shall be removed at the applicant's expense. 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 Deportment 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(OPTED)concepts and strategies as they pertain to this site. Verizon Wireless—Cardinal Road Agenda Item 10 Page 4 Proposed Site Layout / �c v� iris n / i 2111 ........ ..) �Y // \ l_tiJ / e� 141 L \ // I insi jKyr I i } {" —= 1 t�• * FP) ,� C ' 11 < I It . , w VyY_ ____� 1 ® 1 I -SII-_ • ", RP wa �' It g _ � It 1 1,1 li B 0 4 `a ti ,... sil , dF J x 72 -. X11 g 1 [1 ti g Verizon Wireless—Cardinal Road Agenda Item 10 Page 5 Proposed Elevation rtttt I I I I I ii4 � . 15k ya p0p..7 tyld i11 6? gw + Wal y. , WI I d LA A .I ,-.14 --11-7, /-11,6 = ;/ a IT •o g; 5 no i :q a< g Eln Verizon Wireless—Cardinal Road Agenda Item 10 Page 6 Photo Simulation of Tower(From Southeast) It C ,,;,., ,0•a,- - --_-:-:---,,,-;.,,,..,...„,..,, .,e,,,:.,. --..,..,,,,r,v,e;,,...,„.K.tr,..-,„, Apr la' .tipiwNilli."' 1 qiii .:*:•:'-' : -'!P'..' •;.;fC.;: ';1'1j.ilifridir‘li' r,-Aiii. )., '`: . ,- -.... 1 ir (pow . s 4- f W .T r r •,r•cX0.� k: 'ell, �a►r . o' �r�"Iritirs,7. j • ' r .‘,.!'/ A fr-e; leddifitT/.000 -.,,. :: -',-t. 'S !� cifilf j > F s. 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Verizon Wireless—Cardinal Road Agenda Item 10 Page 11 Disclosure Statement l Rsi,d,nn& APPLICANT'S NAME verizon wireless 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 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 I of7 0 MC, ANT NO WI i)O' .nAfa:(. Jimmy McNamara ), t q/1 7 M i � 2 . Verizon Wireless—Cardinal Road Agenda Item 10 Page 12 Disclosure Statement Virginia Reach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPI(CANT IT a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Verizon Wireless 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. (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if tyranny owner is different from Anglican(, Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Z Check here if the PROPERTY OWNFR Ic a corporation, partnership,firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:Cavalier Golf 8 Yacht Club,a Vim If an LLC. list the member's names: Page 2 of 7 Verizon Wireless—Cardinal Road Agenda Item 10 Page 13 Disclosure Statement Y:Ach Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) See attached. (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 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§22-3101. 2 "Affiliated business entity relationship' means 'a relationship, other than parentsubsldlery relationship,that exists Mien 0)one business entity has a controlling ownership Interest lel the other business entity,(II)a controlling owner In one entity is also a controlling owner In the other entity.or (110 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 entitles;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 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;ubiect of the annfcarion or .r . • - g ..-u, If the answer to any item is YES, please identify thefirm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Verizon Wireless—Cardinal Road Agenda Item 10 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE I I PROVIDER(use additioad shins if mNedl 0 El Accounting and/or preparer of your tax return 0 0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 0 9 the Apolken°-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) HConstruction Contractors ❑ Engineers/Surveyors/Agents dewberry Financing(Include current ❑ mortgage holders and lenders X selected or being considered to provide financing for acquisition or construction of the property) ® 0 Legal Services Let]arRyan Real Estate Brokers/ ❑ ❑A Agents/Realtors for current and anticipated future sales of the subiect 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 ❑ SWI contingent on the subjectpublic actian interest in the suect on? development If yes,what is the name of the official or employee and what is the nature of the Interest? Na Page 4 of 7 Verizon Wireless—Cardinal Road Agenda Item 10 Page 15 Disclosure Statement Virginia Heath rrRTIFICATIOhk 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 Ap liation. Stephen R.Romine,agent for V. 9/30/16 ))CA TS SIGNATURE PRINT NAME �}er t/e.rrn , Dam Page 5 of 7 Verizon Wireless—Cardinal Road Agenda Item 10 Page 16 Disclosure Statement OWNER Virginia Reath YES f NO I SERVICE I PROVIDER)use addrtaemlenatsheeu a I nn Accounting and/or preparer of your tax return ❑ O Architect/landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ O purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ❑X Construction Contractors EQ Engineers/Surveyors/Agents Financing(include current ❑ F- mortgage holders and lenders Ld selected or being considered to provide financing for acquisition �,I or construction of the property) nA Legal Services Real Estate Brokers/ n ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 k the nature of the Interest? nip Page 6 of Verizon Wireless—Cardinal Road Agenda Item 10 Page 17 Disclosure Statement Irea 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, YBDA meeting, or meeting of any public body or committee in connection with this Applicatio r 3,,C/,f/.-.,.:, r 7,y 1/31/6 PR IEDS SIGNATURE PRINT NAME--- DATE Fry,D,:.An,.,a C:..:./,.,r.ff 4/,/ N.. ---__.__—Pogo)of Verizon Wireless—Cardinal Road Agenda Item 10 Page 18 Disclosure Statement DISCLOSURESTATEMENT Cellos Partnership d'b a Verizon Wireless One Verizon Way Basking Ridge,NJ 07920 Cellco Partnership d b a Verizon Wireless(`Cellco') is a general partnership funned under the laws of the State of Delaware. Cellco has three partners in total and is indirectly,wholly owned by Verizon Conmmnications Inc ("Verizoi y. Verizon. a publicly traded company, has its principal place of business at 1095 :\crime of the Americas, New York, New YorkThe following is a listing of partners: Bell Atlantic Mobile Systems LLC,One Verizon War,Masking Ridge,NJ 07920-1097 - a Delaware limited liability company with its principal place or business in New Jersey - whwse.sole member is MCI Communications Services. Inc_a Delaware corporation with its principal place of business in New Jersey GTE Wireless LLC.One Verizon Way,Basking Ridge,NJ 07920-1097 - a Delaware limited liability company with its principal place ofbusiness in New Jersey - nvhwe sok member is OTE LLC.a Delaware limited liability company with is principal place of business in New Jersey Verizon Americas Inc,One Veinal Way,Basking Ridge,NJ 07920-1097 • a Delan are corporation with its principal place of business in New Jersey 338768 I Verizon Wireless—Cardinal Road Agenda Item 10 Page 19 Disclosure Statement Cavalier Golf&Yacht Club Board of Directors 2016 $Wme6 Sia Earl,David(Wendy) 631-8962(RES) Oilmen,Gary(Garnet) 417-7779(RES) 1700 Stephens Road 617.6888(CELL) 796 Oriole Drive 621-3103(CELL) Virginia Beach.VA 23454 446-4057(BUS) Virginia Beach VA 23451 dlIVId anamineaoa 2M Term 2015-2017 1st Term 2016-2016 Ifatatrikkoatallisin Vic.ASNeN MMn4Ya4mr Martini,Debbie(Chris) 714-7135(CELL) Foresta Jr.,Ron(Gina) 422-3838(RES) 3213 HunMick Lane 5204 Myrtle Ave. 434-3830(CELL) Virginia Beach,VA 23451 Virgo's Beach.VA 23451 428-8845(BUS amilitnann mitt corn ropyorest•451msn 1st Tenn 2014-2016 1st Term 2014-2016 Secreted('Membenhe Day.-Ralson BVlerrel General Counsel Mania,Dolly 437-1227(RES) Baldwin,Stanley 937 Cardinal Road 417-4924(BUS) 6105 Oceanfront Ave 376-1752(CELL) Virginia Beach,VA 23451 377-3805(CELL) Vagina Beach.VA 23451 ]pros melee,not task mnO OYnni.ocm 2nd Term 2015-2017 2nd Term 2014-2016 Ina OreenKarounSs•vol CUT Harmon,Larry(Tamara) 621.5166(CELL) Bethink Ted (Christine) 425-6849(RES) 457 Goodspeed Road 1304 Penguin Circle 651-1590(CELL) Virginia Beech,VA 23451 Virgna Beach VA 23451 ba®urol44s 6m evm46me um 1st Tem12015-2017 1st Term 2016-2018 Slat vide ChYr WMenINa•tleh Richards,James(Linda) 437-0711 (RES) Cummings,Jr(Claudia) 481-2550(RES) 733 Vanderbilt Ave 615-1576(CELL) 2073 Thomas Bishop Lane 621-1945(CELL) Virginia Beach.VA 23451 Virgins Beach VA 23454 4Si2em° i.maacox net 1st Tenn 2016-2018 1st Term 2016-2018 Ihinatabbsa Nnna•Cheh Williams.Nicole(Glen) 422-6686(HOME) Kellam,Mdrew(Courtney) 213-1202(BUS) 726 Kennedy Avenue 285-1915(CELL) 617 Amc Avenue 346-4177(CELL) Virginia Beach,VA 23451 Virginia Beach.VA 23451 nwoanatenamsmulSn corn aMrewawcthemwA ran 1st Term 2015-2017 1st Term 2015-2017 •tJelr Li ORce Director l Vermillion.Sean(Tammy) 437-2988(RES) Briggs,Wade(Theresa) 496-5043(RES) 752 Oriole Drive 213-1211 (BUS) 304 055th Steel 804-771-3737(BU: Virginia Beach,VA 23451 Virgna Beach.VA 23451 353-2708(CELL) =anwoo,aauenad:can wnh low*m nal 1st Term 2014-2016 2nd Term 2013-2015 Cereal Manager MIlinag,John(Kim) 428-3131 (BUS) 1052 Cardinal Rd. 428-8622(FAX) Virginia Beall.VA 23451 544-1389(CELL) IMreaonecaNlnnvc can Verizon Wireless—Cardinal Road Agenda Item 10 Page 20 Item#10 Verizon Wireless—Cardinal Road Conditional Use Permit 1052 Cardinal Road District 5 Lynnhaven December 14, 2016 CONSENT An application of Verizon Wireless—Cardinal Road for a Conditional Use Permit(Communications Tower)on property located at 1052 Cardinal Road, District 5, Lynnhaven. GPIN: 2418-24-6584-0000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Cardinal Road 1052 Cardinal Road Virginia Beach, VA 23451," prepared by Dewberry Engineers Inc., and dated November 21, 2016. 2. A full structural report shall be submitted during detailed site plan review. 3. The tower shall be designed to accommodate two extra ports in order to provide for future co- location opportunities. 4. There shall be no barbed wire permitted on any of the proposed fencing. 5. The existing row of mature vegetation on the west and east side of the proposed leased area shall remain and be maintained to screen the ground-level equipment and monopole tower. 6. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 7. The maximum height of the tower shall be 110 feet with a four-foot lightning rod. 8. As required by Section 202 of the City Zoning Ordinance,the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 9. In the event that the antennae on the tower are inactive for a period of two years,the tower shall be removed at the applicant's expense. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 10. AYE11 NAYO ABSO ABSENTO Item 410 Verizon Wireless—Cardinal Road Page 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 10 for consent. Steven Romine appeared before the Commission on behalf of the applicant. A i i mi .ms 1 I nu smi I I•1 mi=I i I I I I li I /...: / /,./,/// ' ,• •' ' N .,s . ' . / ./ _., . . 1006,44„, \ . \ ... . , 4 .. < Ce 'L., '--- _ • ,) ;go :-. ., tO .. NI /\,. ' \\, , 44 r \ Li? - . •. .., / ,--.___,_\------/ • jgr / o . N,__ •kw. or 1.0 ,0 . . .----/ :• \\ . \ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANDRA K. SAWYER — SANDY'S ANGELS DAYCARE [Applicant] JOHN ASHLEY NEWSOME [Property Owner] Conditional Use Permit(Family Day- Care Home) 1956 Kempsville Road (GPIN 1455811158). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: January 17, 2017 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home in order to provide care for up to 12 children within a single-family dwelling. The over one-acre property has an enclosed back yard for children to play outdoors. The proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The site is a large lot and has adequate room for client parking. Quality daycare is a valuable service for families with young children and in Staffs opinion, this request is compatible with the surrounding land uses. 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 11-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. Sandra K. Sawyer—Sandy's Angels Daycare Page 2 of 2 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. cAaritui Submitting Departure t/Agency: Planning Department City Manager. rWriWk Applicant Sandra K. Sawyer - Sandy's Angels Day-Care Agenda Item Property Owner John Ashley Newsome Public Hearing December 14, 2016 VB City Council Election District Centerville 12 Virginia Beach Request a Conditional Use Permit (Family Day-Care y ,a Home) M`aR 9 0��a .., 2Q t Staff Planner t Robert Davis \ s 4, s• Location °°'d°,,, 1956 Kempsville Road r x_ so coo` GPIN 1455811158 Site Size r id 43,665 Square feet wead'`"° AICUZ '°�,,. , L , A coo., f Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential Surrounding Land Uses and Zoning Districts North _ `'�--}.1 Single-family dwellings/ R-SD Residential �, South fii ` Single-family dwelling/ R-5D Residentialr - k, a' 1 East • •Mini-storage/ B-2 Community Business $.-1‘ • •.,� . West t Apartments, single-family dwelling, school/ R . „ \ - FF. : 5D Residential, Conditional R-5D Residential ', ! .+ s f ,- i a; 4. �,aC• * Sandra K. Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home in order to provide care for up to 12 children within a single-family dwelling. • According to the application, the applicant has 35 years of experience working in the childcare field. • The property has an enclosed back yard for children to play outdoors. • The proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • Consistent with the provisions of Section 501(b)(5) of the Zoning Ordinance, the applicant intends to employ one employee to assist in the operation of the family day-care home. R-5D° 2 �. d toP°oagos Ke R-5D y Zoning History # Request 1 CUP(mini-warehouse) (Approved 02/11/2003) j � 1 8-2 2 MOD(Proffers)Approved 09/28/1999 R-50 � �% CRZ(R-5D to Conditional PD-H2(R-5D)Approved /� 01/12/1999 CUP(Borrow Pit)Approved 02/13/1984 \�sa� 3 REZ(R-8 to B-2)Approved 02/13/1984 _.\ R-5D B-2' v � 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 site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Sandra K. Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 2 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 request for a Family Day-Care Home, in Staffs opinion, 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 is a large lot and has adequate room for client parking. Staff has recommended a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. For the reasons stated above,Staff recommends approval of this application,subject to the conditions below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12)children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person,other than the applicant,shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(OPTED)concepts and strategies as they pertain to this site. Sandra K.Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 3 Existing Site Layout fir.. ' II Iv 1 I = ,` 4 ,�- R • 7' �r It " ''•� - f " ' , t _ I ,, , 1, r. S. Vis.,---- 13 Co 0 - ri CUvl J E . lop -� I y `• } i ,. Qom, LID , , 14 r A 67 Q0 a• _ r+ • ' 4 r1 Al I la\ I) -Itiiiiiikilli‘' . Iii _ i , i. - .* 4 -. • y I, .00a. Sandra K. Sawyer- Sandy's Angels Daycare Agenda Item 12 Page 4 Site Photos '...4.-; lirirn.Vii. .,,,-4,0ft...-ii.- . - .,,ts_. , . , , , / ,,,,-.qacw- - �n-w4 .i"Z+ ,rW t rSTI . �, , f. • M..-... .-z' of pp h -.. .fir, . tom► aa `F }J r t. it -SAY - _ 1,:._._... — .--.-_ -._'.'i( le-d1 _hl • h. ! **, is E. _ .,,e luell for -... , A: :, -...., ; -. . - ES, : . ,..:-...„yti•'..-•. • .• �• } I STN Y'�� `1 I� , H. .i.,,i'::,...: : :::‘I'l ''.:") ,r,...,)t .,lit.`-..-' % • ' "I" - • . r * ► 76 ra t "..:‘,. '142:1.,..'..1,-:7'.'..•• .: 1:-..':31:'..e.i. 1.-k.-. .,- k _ , ,0 ., ...:'''t....'.....1: a ,. ;1_ .11.1.,:"..;)j‘,,,:i.',...,,,Im.:,..,:.4,--:,..,1*, ...6: ,.'E.:::: 1 , r P Uyt I _ _ " .�-w "4 .' .4°` a•�`' _ ...r -5..�• 4- ••-� ., l i 11- ,41.1.0111.10.1 1',:-.7"-- ',,, . ....... ,, .. .. ..... . , :..,,. .,,... , . ... .. .,,,., . •„, Sandra K. Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 5 Disclosure Statement >d ..�4f . APPLICANT'S NAME Sandra K.Sawyer-Sandy's Angels Daycare 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 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 • 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 OR Cl l r usF ONLY/Adi scosures mus[be a pda ted two W week,c iPage 1 of 7 Re'10 coin mesion am City Conn.°meeting that pertains to the appbcetlonls) 0 APPLICANT MOI Air OF HEARING DAT_ -gon• NO CHANGES AS OF DATE /-3-gon Robert Davis O PCP/ LOWS SO BMI ITT€) - DATE Sandra K.Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 6 Disclosure Statement ,p i': 7 trM' ` t •� r . , �= 14 Check here if the APPLICANT IS NOT a corporation, pmrneuhip,Tirm, business, or other unincorporated organization. I Check here if the APPLICANT IS a corporation, partnership, Firm, business, or other unincorporated organization. (A) List the Applicant's name: 50.1"161o'CL K , 5a Ullev' If an LLC, list all member's names: J.1 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesT and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prooerry owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the PROPERTY OWNER 5 a corporation, partnership,firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:_ e5 h I V-E1030LYIR--- If an LLC, list the member's names: Page 2 of 7 Sandra K.Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 7 Disclosure Statement vnpnfn .-.. 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) t "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirect&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-subsldiary relationship, that exists when(0 one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of7 Sandra K.Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 8 Disclosure Statement a . Py x : t 2..;---..: ",. APPLICANT � � LYES fNOI SERVICE PROVIDER tJreaaax isneets if needed) Accounting and/or preparer of 1 A-Z Boca,.e, p l n, your tax return ,/ ZtArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchasers service providers / Any other pending or proposed 11"%11 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Iz Engineers/Surveyors/Agents / • Financing(include current ❑ l�/I mortgage holders and lenders I" selected or being considered to provide financing for acquisition / or construction of the property) ILegal Services U / Real Estate Brokers/ IrVil! 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 n an interest in the subject land or any proposed development NNN ��I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Sandra K.Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 9 Disclosure Statement • CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. �/ ,/ I dJG a �C lK�r�� S4noirci K•JGwye/ 5bIVROLie APPLICANTS SIGNATURE PRINT NAME DLit Page 5 of 7 Sandra K.Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 10 Disclosure Statement � ^ F OWNER ,. YES NO [ SERVICE PROVIDER nisaaaaxr�lsheets if J needed) lI Accounting and/or preparer of ,L�J/ your tax return /I Architect/landscape Architect/ LJ Land Planner IA Contract Purchaser Of other than ❑ the Annuitant)-identify purchaser and purchaser's service providers I ' I ❑ Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchasers service providers) ' LiConstruction Contractors Engineers/Surveyors/Agents Financing(include current ,, / Ell mortgageholdersand lenders DC �f F. ;n/ -roan C.u1 selected or being considered to provide financing for acquisition c I pOtn0. k I D A ❑ or construction of the property) (/ Legal Services ❑ Real Estate/ReBrokerso / Agents/Realtors for esrof current and anticipated future sales of the subject property a a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N- 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 anion? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Sandra K. Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 11 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ _ R�I.UJNl' ✓RE Jotvv 4 Lie NeWaa e 9Ao(do/S PNE0.'SANRE PRINT NAME ') DATE Page 7 of 7 Sandra K.Sawyer-Sandy's Angels Daycare Agenda Item 12 Page 12 Item#12 Sandra K.Sawyer—Sandy's Angels Conditional Use Permit 1956 Kempsville Road District 1 Centerville December 14, 2016 CONSENT An application of Sandra K.Sawyer—Sandy's Angels for a Conditional Use Permit(Family Day-Care Home)on property located at 1956 Kempsville Road, District 1,Centerville. GPIN: 1455-81-1158-0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12)children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person,other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 12. AYE11 NAYO ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#12 Sandra K.Sawyer—Sandy's Angels Page 2 WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 12 for consent. The applicant Sandra Sawyer appeared before the Commission. .„. •::::,:' .____.. \-\\ \ \ ....____.. ....--------- -1\ f--------- I N. \\\\ ' \ C: iii. /f ..\ \ \ . • .••• , • --•-• .....' 0.. .,. - \ (..„.„„--- ca ''',..,z.„ .-.._.* :S I / ...- _.__.,..!1• ,,\ c.\ • - • ,•- , //1 in (\/.S \ \\\\ .... .0iipy,.. ..• ,. ••••°.0 c.\'''^ . . , ------ I / re s'" 10.0'‘ N, __•:' .______-------- / \II 0 ---- ---- -----7- • -- .-- 2 /%\‘ \ , •. - .-- '-'- if3/ ° / . . 3: - , • \\' k \ 0 ,.,.. I. . , .... 19,v ,., ..-7 •••• iSN - CN 4:. •, . • -' . ‘- t . 7-Y. ) ,•,. \---r- ---el \----I ,. \ 1 \ 5s ...---- ----- ------- ----"-- \-------- 401441, tti'n 1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TALLWOOD, LP, A VIRGINIA LIMITED PARTNERSHIP [Applicant& Property Owner] Conditional Change of Zoning (PD-H2 Planned Unit Development (R-5D Residential District Overlay) to Conditional A-18 Apartment District) 5705 Schoolhouse Road (GPIN 1455716840). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: January 17, 2017 ■ Background: It has come to Staffs attention that there was an error in the advertisement of this request for a conditional change of zoning. Based on the error, this request must be deferred. The applicant is aware of the need for the deferral. Staff will place this item on the agenda for the February 7, 2017 City Council meeting. The applicant requests to rezone a 7.88-acre site for financing purposes. In 1999, this site was part of a 23.7-acre rezoning request from R-5D Residential District to Conditional PD-H2 (R5-D). The request permitted the development of a 120-unit apartment complex. The units were constructed within 10, three-story buildings along with 246 parking spaces, a clubhouse and swimming pool, a storage and a maintenance building and a tot lot. The request included a six-foot wide trail throughout a large, passive recreation area, which includes the stormwater management facility that serves this site and several cell towers. • Considerations: This request is simply to separate the existing apartment complex, under different ownership, out of the larger parcel. No new units are proposed, and no changes to the approved proffered plan from 1999 is requested. A deviation to the maximum lot coverage of 45% is sought with this rezoning, as the reduction in acreage results in a lot coverage of 47.73%. The provisions of Section 221 (i) of the Zoning Ordinance allows City Council to grant deviations to dimensional requirements when "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Further details pertaining to the request, as well as Staffs evaluation of the application, are provided in the attached Staff report. There is no known opposition to this request. Tallwood, LP Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Deferral of the request to the February 7, 2017 City Council meeting. Submitting De ad ntlAgenc : Planning Department` City Manager: Applicant & Property Owner Tallwood, LP, a Virginia Limited Agenda Item Partnership r Public Hearing December 14, 20164 City Council Election District Centerville Virginia Beach Request ��, Conditional Rezoning (PD-H2 Planned Unit i <s `. Development (R-5D Overlay) to Conditional A- ', 18 Apartment District) ‘ Cr•b � 24 r_____ Staff Planner "^ Carolyn A.K. Smith Location 5705 Schoolhouse Road " '' GPIN >• Nit 1455716840 ,a <,<<�` °baa c�'`41. Site Size �!°` ,. ``•�o, �`' ! e.,�, R 7.88 acres AICUZ Less than 65 dB DNL ' Existing Land Use and Zoning District •` ► ire------P---- / Apartment complex/ PD-H2 Planned Unit a i Development (R-5D Overlay) y�i ; r, 4: y y'! •c 5 a � 'tt \ 1..; i;) 1 ;; Surrounding Land Uses and Zoning Districtsh. .kms `' �' w // �? `; North '__r " Oa P,�' • '�°" �< Church, vacant / R-5D Residential, Conditional ipt,* ." k•,>�' °_ ''�� s, ��'t. A-24 Apartment � " `'�, ` South 't,`,. 4 - >.` \ / `.� Tallwood Elementary School, pump station/ R- t dti ‘ ,� '4;••• ` V ` • ' )�1 4/ • 5D Residential +' '+� E "'� East •'$'4.4.44; , Kempsville Road Y' i` Self-storage facility, single-family dwellings, mixed retail/ B-2 Community Business, R-5D Residential West Stormwater management facility, cell towers/ PD-H2 (R-5D Overlay) Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 1 Background and Summary of Proposal • In 1999,this 7.88-acre site was part of a 23.7-acre rezoning request from R-5D Residential District to Conditional PD-H2 (R5-D). The request permitted the development of a 120-unit apartment complex. The units were constructed within 10,three-story buildings along with 246 parking spaces, a clubhouse and swimming pool, a storage and a maintenance building and a tot lot. The request included a six-foot wide trail throughout a large, passive recreation area, which includes the stormwater management facility that serves this site and several cell towers. • The applicant requests to rezone 7.88-acres of the 23.7-acre site, under a separate entity, for financing purposes. Based on the resulting density of 15.44 units per acre, the zoning district of A-18 was chosen. No new units are proposed on the 7.88-acres or on any of the properties that were included in the 1999 23.7- acre rezoning request. The density of the existing multi-family complex increases with this request, as the size of the land for the complex decreases from 23 acres to 7.88 acres; however, as mentioned above, no additional units are proposed. • The properties under the 1999 rezoning included several parcels, each with different ownership. Vehicular access to these properties is through this 7.88-acre site, providing access to the existing cell towers and stormwater management facilities.There are future plans to expand the stormwater management facility that serves this site as well as consideration to the installation of an additional stormwater management facility to serve an imminent multi-family development to the north. Zoning History # Request t6%)" 1 CRZ(R-2 to Conditional A-24)Approved 07/01/2003 / 3/ A-2a F•�� REZ(R-8 to B-2)Approved 03/18/1985 �� 2 MOD(Proffers)Approved 09/28/1999 j_/ 1 ' B-2 CRZ(R-5D to Conditional PD-H2(R-5D))Approved 01/12/1999 P• � D. R3uCUP(Borrow Pit)Approved 02/13/1984 3 CUP(Communication Tower)Approved 01/22/1990 �� CUP(Communication Tower)Approved 08/28/1989 R-5DCUP(Communication Tower)Approved 05/18/1981 o ` 5 4 CUP(Religious Use)Approved 03/26/2002 rig N / CUP(Religious Use)Approved 09/28/1999 .1, CUP(Religious Use)Approved 01/11/1988 CUP(Religious Use)Approved 10/03/1983 5 REZ(R-8 to B-2)Approved 02/13/1984 1111111,. 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 in the Centerville Strategic Growth Area. This area is suitable for a blend of residential and complementary non-residential uses in the form of attractive, more intense mixed-use centers. The vision includes an education-oriented master-planned community that capitalizes on the regional access and visibility provided by 1-64. Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 2 Natural and Cultural Resources Impacts The property is located in the Chesapeake Bay watershed.There are no known cultural or natural resources on this site. Public Service Impacts There are no anticipated impacts to City services or infrastructure with this rezoning request. Evaluation and Recommendation The request to rezone this 7.88-acre site is recommended for approval by Staff,as the request is simply to separate the existing apartment complex, under different ownership, out of the larger parcel. No new units are proposed, and no changes to the approved proffered plan from 1999 is requested. A deviation to the maximum lot coverage of 45%is sought with this rezoning, as the reduction in acreage results in a lot coverage of 47.73%. The provisions of Section 221 (i)of the Zoning Ordinance allows City Council to grant deviations to dimensional requirements when "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds this request to be acceptable and does not anticipate any negative impact as a result of the deviation. In sum,this rezoning is predicated on the applicant's desire to refinance the apartment complex and is recommended for approval, subject to the proffers below. Proffers 1. The Property will remain developed as a multifamily residential community of no more than one hundred twenty(120)dwelling units with a clubhouse,swimming pool,tot lot, recreation field,and trail substantially as depicted on the "Exhibit To Accompany Rezoning Application For Tallwood Apartments," dated 9-29-2016, prepared by Horton& Dodd, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Existing Site Development Plan"). 2. The residential buildings depicted on the Existing Site Development Plan will remain and continue to have the architectural features,exterior building materials and appearance substantially as depicted on the Exhibit entitled, "Photographs of Tallwood Apartments;' dated September 30, 2016,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Any references hereinabove to the A-18 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of the approval of this Agreement by City Council,which are by this reference incorporated herein. 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(OPTED)concepts and strategies as they pertain to this site. Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 3 Proffered & Existing Site Layout si ev O]LwIN1 „va x,,,. s o iO , I 3 N I) .[._il h <� 0,1 g i •Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 4 Proffered & Existing Buildings ,. )0popr,.. 7 -' / If tD O M i 1.1 a 1 1 41.4 yy _. , INP#10 I 1t ,. __ .......6.4...imir ...t, • ..:,, . —li , , .: ..:s.„ ....,,,g,'t i • AS t ' Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 5 Site Photos `•: f' ,. ii , ,-., -::: -,,, /, , ,,I . 1i ` I tom:+ e 11 i ili .) 11 1 ‘.. - -- — -` .. iik• _ ...�:. Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 6 Disclosure Statement M3 Virginia Beach APPLICANT'S NAME Tallwood, LP. a Virginia limited partnership DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City I Modification of by City Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request /Rezoning A• •eals __ _ _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) I, Franchise Agreement Chesapeake Bay 11 Preservation Area I Lease of City Property Subdivision Variance Board Conditional Use Permit 1 ELicense Agreement I Wetlands Board JI `• 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. e SECTION 1 / APPLICANT DISCLOSURE n.. Page l of 7 0/ I /��it � 11 5' I i' I Cl M%nC_ Carolyn Smith Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 7 Disclosure Statement Virginia Beach UCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business.or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Tallwood,LP If an LLC, list all member's names: General Partner:Tallwood GP. LLC Ronald C. Ripley, F.Andrew Heatwole,8 F. Scott Ripley, Members; Limited Partner: 1W One, LLC: Ronald C. Ripley.' If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 'F Andrew Heatwole.F Scott Ripley,Matthew S Ripley.Douglas J.Ripley.Daniel B.Heatwole.James F N McCune& The Victoria Katharine Power McCune Trust • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n 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. If an LLC, list the member's names. Page 2 of 7 Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) 'Parent-subsidiary relationship means relationship that exists when onecorporation directly o indirectly owns shares possessing morethan 50 percent of the voting power of another corporation'' See State and Local Covernment Conflict of Interests Act.Va. Code§2 2.3101 2 "Affiliated business entity relationship" relationship, other than parent-subsidiary relationship.that exists when li)one business entity has a controlling ownership interest in the other business entity.00 a controlling ownerentity is also a controlling o in the other entity.or Mil there is shared management orcontrol one the business entitie ssneFactors that should be considered in determining the existence of an affiliated business entity relationship include that the same person Of substantially the same person o manage the two entities.there are common or commingled funds orassets 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 relations b 1p between the entities" See State and Local Government Conflict of Interests Act, Va Code§ 2 23101. • 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 SEPERATELY Page 3 of 7 Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER lust additional sheets it l _....._.needed) nAccounting and/or preparer of Wall.Elnhorn 8 Chernitzer I Li your tax return nF�1 Architect/Landscape Architect/ I I Land Planner ❑ Contract Purchaser(If other than Zthe Applicant)-identify purchaser and purchasers service providers Any other pending or proposed �J M i purchaser of the subject property I (Identify purchaser(s)and purchasers service providers) xConstruction Contractors ❑XEngineers/Surveyors/Agents Horton 8 Dodd Financing(include current Alden Torch Financial,LLC/Pacific CImortgage holders and lenders Servicing.LLC selected or being considered to provide financing for acquisition or construction of the property) E, n i . Legal Services Sykes.Bourdon,Ahern Le ,P.0 Real Estate Brokers/ R pley-Heatwole.Property Managers Zf Agents/Realtors for current and anticipated future sales of the subject property I 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development LJ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Ronald C. Ripley, Member of Planning Commission Page 4 of Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBOA meeting, or meeting of any public body or committee in connection with this Application. FANt llPnlf-1fn+wolt It{ APPLICANT'S SIGNATURE PRINT NAME DATE Taliwood,L.P.,a Virginia limited partnership By.Tallwood GP,L.L.C.,its General Pa trier Page S of Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 11 Item#4 Tallwood, L.P. Conditional Change of Zoning 5704 Schoolhouse Road District I Centerville December 14, 2016 CONSENT An application of Tallwood, L.P.for a Conditional Change of Zoning (PD-H2 (R-5D to Conditional A-18) on property located at 5704 Schoolhouse Road, District 1, Centerville. GPIN: 1455-71-6840-0000. PROFFERS 1. The Property will remain developed as a multifamily residential community of no more than one hundred twenty (120)dwelling units with a clubhouse,swimming pool,tot lot, recreation field, and trail substantially as depicted on the"Exhibit To Accompany Rezoning Application For Tallwood Apartments," dated 9-29-2016, prepared by Horton & Dodd, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Existing Site Development Plan"). 2. The residential buildings depicted on the Existing Site Development Plan will remain and continue to have the architectural features,exterior building materials and appearance substantially as depicted on the Exhibit entitled, "Photographs of Tallwood Apartments," dated September 30,2016, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Any references hereinabove to the A-18 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of the approval of this Agreement by City Council, which are by this reference incorporated herein. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 4. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE THORNTON AYE Item#4 Tal!wood, L.P. Page 2 WALL AYE WEINER AYE By a vote of 10-0-1,with the abstention so noted,the Commission approved item 4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. GONIA B ,_, z CITY OF VIRGINIA BEACH "!ri y INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9756 DATE: January 6, 2017 TO: Mark D. Stiles DEPT DEPT: City Attorney FROM: B. KayWilsorl�- DEPT: City Attorney RE: Conditional Zoning Application; Tallwood, LP The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 17, 2017. I have reviewed the subject proffer agreement, dated September 30, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom TALLWOOD, L.P., a Virginia limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of September, 2016, by and between TALLWOOD, L.P., a Virginia limited partnership, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that parcel of property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 7.878 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcel is hereinafter referred to as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from PDH-2 Planned Unit Development District to Conditional A-18 Apartment District; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, 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 GPIN: 1455-71-6840 Prepared By: R.Edward Bourdon,Sr.,Esquire VSB#22160 Sykes, Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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, grantee, and other successors in interest or title: t. The Property will remain developed as a multifamily residential community of no more than one hundred twenty (12o) dwelling units with a clubhouse, swimming pool, tot lot, recreation field, and trail substantially as depicted on the "EXHIBIT TO ACCOMPANY REZONING APPLICATION FOR TALLWOOD APARTMENTS", dated 9-29- 2016, prepared by Horton & Dodd, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Existing Site Development Plan"). 2. The residential buildings depicted on the Existing Site Development Plan will remain and continue to have the architectural features, exterior building materials and appearance substantially as depicted on the Exhibit entitled, "PHOTOGRAPHS OF TALLWOOD APARTMENTS", dated September 30, 2016, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Any references hereinabove to the A-18 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the 2 Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 3 WITNESS the following signature and seal: Grantor: Tallwood, L.P., a Virginia limited partnership By: Tallwood GP, L.L.C., a Virginia limited liability company, its General Partner By� - - lip. — L) F. ANA,e6) Of airtiote . , Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this PID rD day of not 6 ;,_f , 2016, by r . A1 u 1 P.L.1 4—�k fkw : C., , Manager of Tallwood GP, L.L.C., a Virginia limited liability company, General Partner of Tallwood, L.P., a Virginia limited partnership,Grantor. r,..i_Lr r, L . 1�. t tt m�,�J Notary Public .. ..„G KRf l„... ,.44 o':;;F.. y;s My Commission Expires: t -v 1 - as c& J .. Notary Registration Number: 1- 5 3, C d 1 t5dQ )9PU,y 1/4:::•••• OF Z �:,RGJNpARYP0.0: sImNO.M 4 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated in the City of Virginia Beach,Virginia, known, numbered and designated as "PARCEL 6", as shown on that certain plat entitled, °RESUBDIVISION OF A PORTION OF PARCELS 4 AND 5 'SUBDIVISION OF A PART OF TRACT A', DIVISION OF W.E. WOODS PROPERTY (M.B. 184, PG. 61)VIRGINIA BEACH,VIRGINIA", dated June 1, 2000, prepared by Horton & Dodd, P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 288, at Page 61. GPIN: 1455-71-6840 H:\AM\Conditional Rezoning\Tallwood LP\Praffecdoc 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND THE 2016 COMPREHENSIVE PLAN BY ADDING THE "HISTORIC SEATACK SUBURBAN FOCUS AREA" WITH AREA DESCRIPTIONS AND RECOMMENDATIONS MEETING DATE: January 17, 2017 • Background: The proposed amendment is to add the Historic Seatack Suburban Focus Area #9 to the Comprehensive Plan. This amendment is the result of a workgroup with membership from the Seatack Civic League, the Planning Commission and City Staff.The proposed amendment was deferred by the Planning Commission at their October 12, 2016 public hearing to provide additional public input and comment. The Planning Commission held a workshop on October 23, 2016 at the Seatack Recreation Center and on November 7h, a public meeting was held and the public was invited to provide the Commission with comments. As a result of these efforts, the Staff revised the amendment as directed and agreed upon by the Planning Commission. These adjustments to the October draft amendment include: modification of the name of the Suburban Focus Area (SFA)to "Historic Seatack," an adjustment to the Suburban Focus Area boundary to be symmetrical east and west along Birdneck Road, and slight modifications to the recommendations. • Considerations: This amendment is the result of a workgroup with membership from the Seatack Civic League, the Planning Commission and City Staff. The recommendations for the SFA address topics such as compatible land uses, screening, building design, neighborhood signage, and the historic and cultural importance of the area. Further details pertaining to the amendment, as well as the set of recommendations for the SFA, are provided in the attached Staff report. Opposition was present at the public hearing. The speaker in opposition noted concern with the delineation of the Historic Seatack SFA boundary. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. • Attachments: Ordinance and Staff Report Minutes of Planning Commission Hearing Historic Seatack SFA#9 Comp Plan Amendment Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department) • • City Manager: �` / 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN BY ADDING THE 3 "HISTORIC SEATACK SUBURBAN FOCUS 4 AREA" WITH AREA DESCRIPTIONS AND 5 RECOMMENDATIONS 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the 2016 Comprehensive Plan included a recommendation to use a 11 public process involving area stakeholders, to study the Historic Seatack Community for 12 potential designation as a Suburban Focus Area (SFA) with associated land use 13 recommendations; 14 15 WHEREAS, a work group composed of representatives of the Seatack 16 community, Planning Commission members and City staff met on numerous occasions 17 to discuss the community, its needs and appropriate land use recommendations; 18 19 WHEREAS, the work group agreed on the addition of the Historic Seatack 20 Suburban Focus Area, however there were numerous questions in regard to the 21 addition and it was deferred by the Planning Commission; 22 23 WHEREAS, the Planning Commission held a workshop and public comment 24 meeting in the Seatack community to further discuss and refine the Suburban Focus 25 Area. Such revisions are enumerated on the attached "COMPREHENSIVE PLAN 26 AMENDMENT, Establishing the "Historic Seatack Suburban Focus Area (SFA)" within 27 the City of Virginia Beach Comprehensive Plan, It's Our Future: A Choice City (2016, 28 as amended), Amendment to the Policy Document's Table of Contents and Chapter 1, 29 Section 1.3 "Suburban Area" re: Suburban Focus Areas (SFAs); and 30 31 WHEREAS, the Planning Commission at its December 14, 2016 public hearing 32 recommended the approval of the attached revisions to the 2016 Comprehensive Plan. 33 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 37 That the 2016 Comprehensive Plan is hereby amended and reordained to 38 include the revisions and additions attached hereto establishing the Historic Seatack 39 Suburban Focus Area. 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 201 . APPROVED AS TO CONTENT: APPROVED AS T O LEGAL SUFFICIENCY: irk. L IA 1 . . �. J U-YJOKN i� :arty Frankenfield, Directo B. Kay Wilson, Deputy City Attorney Planning Dapartment City Attorney's Office CA13636 R-4 November 28, 2016 2 COMPREHENSIVE PLAN AMENDMENT Establishment of the "Historic Seatack Suburban Focus Area (SFA)" within the City of Virginia Beach Comprehensive Plan, It's Our Future: A Choke City(2016, as amended) Amendment to the Policy Document's Table of Contents and Chapter 1,Section 1.3 "Suburban Area" re: Suburban Focus Areas (SFAs) The Policy Document is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in ethr-e gh.. All maps to be deleted and added are so noted. Table of Contents Insert in Chapter 1,Section 1.3—Suburban Area,the following entry: "Historic Seatack" Page 1-68 Modify the text on page 1-68 to include the Historic Seatack SEA: "There are 8 9 SFAs designated in the Comprehensive Plan,which can be found on the locator map on p. 1-69: 1. Shore Drive Corridor 2. North Courthouse/South Holland Road 3. Historic Kempsville Area 4. Virginia Aquarium &Owls Creek Area 5. First Colonial Medical Corridor 6. Sandbridge 7. North End 8. Military Highway Corridor 9. Historic Seatack Page 1-69 Replace the map that is currently depicted on page 1-69 with the new map shown below that identifies the location of the Historic Seatack Suburban Focus Area: ' Chesapeake Bay �r ,,1A,+. , ity of Norfolk 1 s` ��~ lk Vif SFA 1 Areas z 404 -A Atlantic Ocean sib 6a _ �,. 5 1116 1e t tormlEYANDF! ..r. i4 iiimilli ` .- 1� 91.(11N11f'Fp(;t16LV�•� � v Rr�.r�� 1� 111 wE 1.4 ® r HCg Rr 411,04 ‘ - SF• •. Area £RR4LL PKN jeteO rAA1 Nrrv. .. PR O� •s fim a %POP q m .*ill ro kp pR� - . . ili City Of C • y�DQ4,o x ch_ ::: Suburan FocusAreas 1. Shore Drive Corridor "Ek 40 . • 2. North Courthouse/South Holland . 3. Historic Kempsville Area a 4. Virginia Aquarium and Owls Creek Area '9. \, 5. First Colonial Medical Corridor o 6. Sandbridge 7. North End ' 8. Military Highway Corridor 9. Historic Seatack 0 1 2 4 Miles Page 1-96 Insert new pages 1-96 and 1-97 before the section that reads, "AGENDA FOR FUTURE ACTION RECOMMENDATIONS: Suburban Area" with the map below that depicts the Historic Seatack SFA (solid red line) and the location of the Historic Seatack Community(black dashed line),followed by a description of the SFA and the vicinity, as well as the recommendations specifically for properties located within the SFA. It should be noted that the boundary of the Historic Seatack community is currently depicted in the 2016 Comprehensive Plan, specifically within the Technical Document. SFA 9-HISTORIC SEATACK SFA&HISTORIC SEATACK COMMUNITY 'I CA;iireRgo 1 24TH 5T - SI P•• Ir. t I `c1 sy;:. ccr . 17_WATERFRONT DR a ST 22N \ I iE., !�_ DR t • . � ; —1 I 1. 2,v51 1ST ST -74,,' 17., 1 . ,— - . . � t 2 64 ill ' Or '- . Vit,' ', SR. ." 264 O , , � 264 00 V1RG1 — r ' a f _ �� T to i d 4%4,73 ' 1D I '•.5 .f 0 / , ') j E4.tial 19TY sI )1L" , - w II! y 4 !I • ABEACNBLvo 1��+. ..`�3g s., O ` Q' Z rV{R~�. .....:,,,:t #0,,,,,,k155:,........„....:76-1C 5N �!H_ sj a AC4: Y - wINDIANA AVE z . I � 1 � �� — LAKE DR R aa Historic Seatack F.. . •uR -•. BF9uKAV. 4' Community -• , w ; ' _ vm 9114gT I ..♦ Q I JENSEN rot 8L PETE RD pVE ' L •• ,' zz O V1RGlN�p ITN m B q�'rl(� T RUN 7 G. • .• :P::Z.:m.. m • • `'. .I `w-•. AVE ' l 1..7. -♦♦♦ GOLOSBORO Historic Seatack I -•,,• � GEEK ♦. . -- Suburban Focus Areal` _ • LN . „%sb, _, ::' 4 . •`• CRE° ^..r l �Py S-.-- \1 ...• It 041 r 0.25 0.5 1 / IO Miles 0 DESCRIPTION The Historic Seatack community, located in the City's Oceanfront Resort Area, is thought to be the oldest African-American settlement in Virginia and possibly in the United States. Outlined by the dashed black line on the above map, it is generally centered on the Birdneck Road corridor between Old Virginia Beach Road and Bells Road,on Virginia Beach Boulevard between West Lane and the convention center area,and along Southern Boulevard/Norfolk Avenue,and includes the area of Atlantic Park. It is bounded on the east by Lake Rudee,Owls Creek,and the Marshview Park area and on the west by the Oceana Gardens Neighborhood and the industrial and residential areas iust east of NAS Oceana. The original settlement, which was once much larger extending to the present day Virginia Beach oceanfront,was formed by free men and dates back to the late 1700s to early 1800s. The area eventually took its name from the words"Sea Attack," based on British warship cannons positioned off the Virginia Beach shoreline that fired inland during the War of 1812. A more detailed accounting of the Seatack community's history is located in the Technical Report. Seatack is an integral part of the Resort Area and,while primarily a residential community with supporting religious institutions and public facilities,such as a neighborhood park and recreation center it also includes some businesses and light industry. With the improvement of Birdneck Road.this area is now well-served by a strategically located transportation corridor. Much of the SFA is constrained by the Special Hood Hazard Area, is owned by the Federal Government or has Navy restrictive easements, is impacted by military aircraft accident potential zones(APZ-1 and APZ-2)and the highest noise zones(70—75 dB DNL and greater than 75 dB DNLI. Per market trends and the requirements of Article 18,Special Regulations in Air Installations Compatible Use Zones (AICUZI Overlay, new development and redevelopment of property within the SFA has occurred with uses compatible with flight operations at nearby NAS Oceana. In some cases,this development activity has altered the character of this historic community. The SFA is in a flat, low-lying area in proximity to waterways and wetland areas in the Lynnhaven River system and the Owls Creek watershed. Drainage issues and recurrent flooding, especially associated with new development, have been observed which has, in some cases, negatively impacted existing residential areas. There are several significant historic and cultural landmarks in this SFA that are important to the history and progress of the community. They should be recognized and/or protected as local historic or cultural landmarks. There may be opportunities to place historical markers at some of these sites and/or have them included on the Virginia Beach Historic Register through nomination by the property owners. The recommendations for the Historic Seatack SFA are found below and are focused on the properties encompassed by the solid red line on the above map. RECOMMENDATIONS 1. All new development, redevelopment and additions to structures should adhere to the City Zoning Ordinance requirements established in Article 18, Special Regulations in Air Installations Compatible Use Zones(AICUZ)Overlay. 2. All new development, redevelopment and additions to structures, will, as required, adhere to the requirements of Code of Virginia Beach,Appendix I,Airport Noise Attenuation and Safety Ordinance. 3. New development should respect the historic settlement of this area and should be compatible with the neighborhood. Significant landscape screening buffers should be established between existing residential areas and new non-residential development to mitigate adverse visual and noise impacts. 4. A careful mix of compatible land uses should be maintained where they currently exist and should be encouraged as new land uses are proposed so as to contribute to the day-to-day life of community residents. 5. Uses incompatible with existing residential should be discouraged to minimize impact to adjacent residential neighborhoods. 6. Building design should be visually interesting,encourage greater social interaction, and provide a memorable character. 7. Neighborhood identification signs should be installed at neighborhood entrances/gateways. 8. Recognition of historic and cultural landmarks and sites should be encouraged by nomination to the Virginia Beach Historical Register OF and/or by the installation of interpretive historic site markers. 9. In partnership with and guidance from the Seatack Community,explore the potential benefits and regulatory impacts of delineation and adoption of a local Historic and Cultural District, if desired by the community and property owners. 10. All new development should be designed such that site drainage and stormwater management does not negatively impact adjacent parcels. 11. Maintain stormwater facilities and encourage the retrofit of existing drainage system problem areas. 12. New development, redevelopment, and site improvements should be encouraged to use porous materials for driveways,walkways and other similar surfaces,wherever feasible,to achieve a net reduction in impervious coverage. 13. Enhance landscaping in the Birdneck Road medians where there are opportunities to do so. 14. The Virginia Aquarium and City's Marshview Park improvement projects should provide education and recreation opportunities for Seatack residents through neighborhood outreach programs. 15. New development and public facilities improvements should accommodate multiple modes of transportation(e.g. pedestrians, bicyclists, and drivers)and accessibility needs. New Page 1-98 Insert a new page 1-98 as follows, moving the previous section verbatim from current page 1-96 which reads, "AGENDA FOR FUTURE ACTION RECOMMENDATIONS: Suburban Area"to here and with the following deletion shown in strikcthth•ough: AGENDA FOR FUTURE ACTION RECOMMENDATIONS: Suburban Area • Develop infill development guidelines as a component of the"Special Area Development Guidelines: Suburban Area" in the Reference Handbook. • Develop tools to encourage new investment in declining commercial centers. • Develop tools to assist distressed property owner associations with the preservation and maintenance of neighborhood parks and open spaces. • Revise the Suburban Area section of the Comprehensive Plan as appropriate when sea level rise and recurrent flooding policies are developed and/or adopted by the City Council. • To ensure that the function of Princess Anne Road is not reduced due to numerous access points within Suburban Focus Area 2.1(North Courthouse),the City should construct all or a portion of at least two lanes of London Bridge/Drakesmile Extended. • Studtithe area between Holly Road and Pacific Avenue, north of 32nd Street to 42nd Street(the southern boundary of North End SFA)to determine need for infill development and redevelopment policies and design guidelines. Applicant City of Virginia Beach Agenda Item Public Hearing December 14, 2016 (Previously deferred on 10/12/2016) 2016 Comprehensive Plan Amendment — Establishing D2 City of the Historic Seatack Suburban Focus Area Virginia Beach (SFA) in Chapter 1, Section 1.3 Descriptive Summary of the Comprehensive Plan Amendment The City of Virginia Beach Comprehensive Plan, It's Our Chesapeake Bay •-i- t.' Future: A Choice City, was adopted on May 17, 2016 and 1tyofNat,. - . has been subsequently amended. The proposed T` --�: � amendment to the Comprehensive Plan is the result of 1 " SFA_ Aral. �� %� .-71/1111 \t`, ANanlle Ocean implementing the "Agenda for Future Action" in Chapter 1, , ��r`� 5 _ -404. Section 1.3—Suburban Area,which reads: ,� ,�`; 9 • Using a public process involving area stakeholders, fir-- �t �►�4..; study the Historic Seatack Community and vicinity y area for potential designation as a Suburban Focus v �� SFA4Area- Area (SFA)with associated land use • recommendations. � , A study workgroup was formed in February 2016,consisting orryOf Cnesa»a60 ' 4.4 of three Planning Commission liaisons, several communitysuburban Focus Areas S 1 Shore Drive Corridor stakeholders and Staff from the Department of Planning& 2 North Coo,thouse'Soulh Holland3 Htslonc Kenpsvule Area 4 virginw Aquenum and Owls Creek Area Community Development. The workgroup met in the field 5 Fast Colonual Medical Corridor 6 Sandbridge ; to become familiar with the study area and met several 7 North End 8 Magary Hghway Condor times at the Seatack Recreation Center. After drafting an 9 Hislonc Seetack a ee ---�Mres area boundary for the Suburban Focus Area, a description, and set of land use recommendations,the work group presented their draft to the Seatack Community Civic League on September 12, 2016. The Civic League extended its endorsement to the workgroup without change to the draft. The proposed amendment was deferred by the Planning Commission at the October 12, 2016 public hearing to provide additional public input and comment. Planning Commission held a meeting workshop on October 23, 2016 at the Seatack Recreation Center. The entire meeting and the Planning Commissioners' discussion were public, however,the Commission did not interact with the public. On November 7, 2016, a public workshop was held where the Staff and Planning Commission provided an overview of the proposed amendment; and,the public was permitted to comment. Approximately 85 people attended, comments and questions were subsequently documented, and responses to questions were mailed to all of the speakers and also posted on the City website. As a result of these efforts,the Staff revised the amendment as directed and agreed upon by the Planning Commission. These adjustments to the October draft amendment include: modification of the name of the SFA to"Historic Seatack," adjustment the SFA boundary to be symmetrical east and west along Birdneck Road, separation and clarification of the first bulleted recommendation into two separate recommendations, and a rewrite of the recommendation that City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SFA Agenda Item D2 Page 1 referenced "self-storage uses"to include a general reference that"uses incompatible with existing residential should be discouraged." The revisions to the recommendations in the October 12,2016 Staff report are provided below. • P"rev-er—imsweved-deVHepmen mherc to the Pry's MfUZ-zoning and bui'di^g-rcg""ti^ns. • All new development, redevelopment and additions to structures should adhere to the City Zoning Ordinance requirements established in Article 18,Special Regulations in Air Installations Compatible Use Zones(AICUZ) Overlay. • All new development. redevelopment and additions to structures,will,as required,adhere to the requirements of Code of Virginia Beach,Appendix I,Airport Noise Attenuation and Safety Ordinance. • New development should respect the historic settlement of this area and should be compatible with the neighborhood. Significant landscape screening and buffers buffering should be established between existing residential areas and new non-residential development to mitigate adverse visual and noise impacts." • Maintain A careful mix of compatible land uses should be maintained where they currently exist and should be encouraged as new land uses are proposed so as to contribute to the day-to-day life of community residents. • Uses incompatible with existing residential should be discouraged to , minimize impacts to adjacent residential neighborhoods. • Building design should be visually interesting,encourage greater social interaction,and provide a memorable character. • install-Neighborhood identification signs should be installed at neighborhood entrances/gateways. • Recognition of historic and cultural landmarks and sites should be encouraged by nomination to the Virginia Beach Historical Register or and/or by the installation of interpretive historic site markers. • In partnership with and guidance from the Seatack Community Civic—League,explore the potential benefits and regulatory impacts of delineation and adoption of a local Historic and Cultural Overlay District, if desired by the community and property owners. • All new development should be designed such that site drainage and stormwater management does not negatively impact adjacent parcels. • Maintain stormwater facilities and encourage the retrofit of existing drainage system problem areas. • New development, redevelopment,and site improvements should be encouraged to use porous materials for driveways,walkways and other similar surfaces,wherever feasible,to achieve a net reduction in impervious coverage. • Enhance landscaping in the Birdneck Road medians where there are opportunities to do so. City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SFA Agenda Item D2 Page 2 • The Virginia Aquarium and City's Marshview Park improvement projects should provide education and recreation opportunities for Seatack residents through neighborhood outreach programs. • New development and public facilities improvements should accommodate multiple modes of transportation (e.g. pedestrians, bicyclists,and drivers)and accessibility needs. The proposed text amendment, revising pages 1-68, 1-69, and 1-96 of the Comprehensive Plan and the ordinance are below. Staff recommends approval of the amendment and ordinance. City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SFA Agenda Item D2 Page 3 Proposed Amendment COMPREHENSIVE PLAN AMENDMENT Establishment of the-Historic Seatack Suburban Focus Area(sFAr within the City of Virginia Beach Comprehensive Plan, les Our Future: A Choice City(2016,as amended) Amendment to the Policy Document's Table of Contents and Chapter 1,Section 1.3 'Suburban Area"re: Suburban Focus Areas(SFAs( The Policy Document is recommended to be amended as indicated below,noting that all new text to be added is underlined and all existing text to be deleted is shown in sksikP h. All maps to be deleted and added are so noted. Table of Contents Insert in Chapter 1,Section 13-Suburban Area,the following entry:"Historic Semck" Pam 1bg Modify the text on page 368 to include the Historic Seatack SM:"There are 895FAs designated in the Comprehensive Plan,which can be found on the locator map on p.369: 1. Shore Drive Corridor 2. North Courthouse/South Holland Road 3. Historic Kempsville Area 4. Virginia Aquarium&Owls Creek Area S. First Colonial Medical Corridor & Sandbridge 7. North End 8. Military Highway Corridor 9. Historic Seatack City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SFA Agenda Item D2 Page 4 Proposed Amendment Page 1-69 Replace the map that is currently depicted on page 1-69 with the new map shown below that identifies the location of the Historic Seatack Suburban Focus Area: Chesapeake Bay ly of Norfolk OW _� - ar�/ • -- SFA~Areas 7 \164 ,, sAtlaMie Ocean .�y 1��e�. t •tt 5 r. rr li, V 1? .. 'isliF .hk Ille � rea• (Of . - SFA _Areas -" - City o/CheSa Peake - \ Suburban Focus Areas `i L 1.Shore Drive Corridor —fff�� •2 North CourthouserSouth Holland I -`�'� 'l 6 3.Historic Kempsville Area )1--� 4.Virginia Aquarium and Owls Creek Area 5.First Colonial Medical Corridor 6.Sandbridge •7 North End 8 Military Highway Corridor 9 Historic Seatack 0 1 2 4 _______MMEINIIIMI Miles City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SFA Agenda Item D2 Page 5 Proposed Amendment Pane 1-96 Insert new pages 1-96 and 1-97 before the section that reads,"AGENDA FOR FUTURE ACTION RECOMMENDATIONS: Suburban Area"with the map below that depicts the Historic Seatack SFA(solid red line)and the location of the Historic Seatack Community(black dashed line),followed by a description of the SFA and the vicinity,as well as the recommendations specifically for properties located within the SFA.It should be rioted that the txwndaiy of the Historic Seatack cornrnunity is currently depicted in the 2016 Comprehensive Plan,specifically within the Technical Document. SFA 9-HISTORIC SEATACKSFA&HISTORIC SEATACK COMMUNITY �' IASKIR RD _ V WEE S, _.. ; al - Of wRTEREROi•T DR fi BST ___.._.------ -0 1 EYN y P •SDR ` i 20 i .�.�r�f T.4 �e,nRG C I ,n oir W ^. z i :y.,,I1/ * Io,NSt ,l,N sl I f �-,�St �••. CH 9LVD _ r m ` AMARA AVE = NI '"' ' �y `.- • O Y..I X11 / ,•i��i 9 LAKE DR Historic Seatack .. MCJIFDUTA 1 - Community rt t. ° °'"6T -IIE718Lr.tll 8141.4 PETE RU O A ,p AVE z vim 1 QC/11.'TII ul S7 -_.t,11ei tlYR s ___. _ VIA � t` r t •� � O�BO�AVE Historic Seatack _ _ G I _ �I,t Gc,EEK Iry Suburban Focus Area t._ ,. •'gyp :i fr EDS,O •-'s i I 7 Ns., 's o0.250.5 1y Miles ° City of Virginia Beach Comprehensive Plan Amendment-Historic Seatack SFA Agenda Item D2 Page 6 Proposed Amendment DESCRIPTION The Historic Seatack community located in the City's Oceanfront Resort Area is thought to be the oldest African-American settlement in Virginia and possibly in the United States. Outlined by the dashed black line on the above map.it is generally centered on the Birdneck Road corridor between Old Viraypg peach Road and Bells Road on Virginia Beech Boulevard between West Lane and the convention center area and along Southern Boulevard/Norfolk Avenue.and includes the area of Atlantic Park. It is bounded on the east by take mdee Owls Creek.and the Marshview Park area and on the west by the Oceans Gardens Neighborhood and the industrial and residential areas lost eat of NAS Oceana. The original settlement which was once much larger extending to the Present day Virginia Beach oceanfront was formed by free men and dates back to the late 17O0s to early 1800s. The area eventually took its name from the words"Sea Attack based on British warship cannons positioned off pie Virunia Beach shoreline that fired inland during the War of 1812. A more detailed accountina of than Seatack community's history is located in the Technical Report. Seatack Is an integral part of the Resort Area and,while primarily a residential community with auworbng religious institutions and Public facilities such as a neighborhood park and recreation center ll also includes some businesses and light industry With the improvement of Birdneck Road this area is now well-served by a strategically boated transportation corridor. Much of the SEA is constrained by the Special Flood Word Arca is owned by the Federal Government or has Navy restrictive easements,is impacted by military aircraft accident potential zones IAPI-1 and AP2.21 and the highest noise zoneslm-TS de DNL and mater than TS dB DM]. Per market trends and the requirements of brick 18 Special Regulation in Air bstallations Compatible Use Zones IAICUZI Overlay new development and redevelopment of wooer's within the SFA has occurred with ton compatible with flight operations at nearby NAS Oceans. In some casts,this development activity has altered the character of the historic community. The SM is in a flat low-lying area in proximity to waterways and wetland areas in the lynnhauen River system and the Owb Creek watershed. Drainaa issues and recurrent flooding,esoedally associated with new deveboment have been observed which has in some cases negatively impacted misting residential area. There are several significant historic and cultural landmarks in this SEA that are important to the history and progress of the community They should be recognized and/or protected as local historic or cultural landmarks. There may be opportunities to place historical markers at some of these sites and/or have them included on the Virginia Beach Historic Renister through nomination by the property owners. The recommendations for the Historic Seatack SFA are found below and are focused on the properties encompassed by the solid red line on the above map. RECOMMENDATIONS 1. All new development,redevelopment and additions to structures should adhere to the City Zoning Ordinance reauirements established in Article 18 Special Regulations in Air Installations Compatible Use Tues IAICUZI Oveday. 2. All new development.redevelopment and additions to structures,will asruired adhere to the reauirements of Code of Virginia Beach Appendix I Airport Noise Attenuation and Safety Ordiname. City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SEA Agenda Item D2 Page 7 Proposed Amendment 3. New development should respect the historic settlement of this area and should be compatible with the neighborhood.Simifkant landscape screening buffers should be established between existing residential areas and new non-residential development to mitigate adverse visual and acts. 4. A careful mix of compatible land uses should be maintained where they currently exist and should be encouraged as new land uses are proposed so as to contribute to the day-to-day life of community residents. 5. Uses Incompatible with existing residential should be discouraged to minimize impact to adiacent residential neighborhoods 6 gulldlnedeslen should be visually Interesting encourage greater social interaction and provide a memorable character 7. Neighborhood identification signs should be installed at neighborhood entrances/gateways. B. Recognition of historic and cultural landmarks and sites should be encouraged by nomination to the Virginia Beach Historical Register es and/or by the installation of interpretive historic site ]Darken. 9. In partnership with and guidance from the Seatack Community explore the potential benefits and regulatory impacts of delineation and adoption of a local Historic and Cultural District,if desired by the community and property owners. 10. All new development should be designed such that site drainage and stormwater management does not negatively impact adjacent parcels. 11. Maintain stormwater facilities and encourage the retrofit of existing drainage system problem areas. 12. New development redevelopment and site knmovements should be encouraged to use Porous materials for driveways walkways and other similar surfaces wherever feasible.to achieve a net reduction in impervious coverage. 13. Enhance landscaping in the Birdneck Road medians where there are opportunities to do so. 14. The Virginia Aoarium and Cit/s Marshview Park improvement uoiects should Provide education and recreation opportunities for Seatack residents through neighborhood outreach zotaim 15. New development and public facilities improvements should accommodate mulbole modes of transportation le.g,pedestrians bicyclists and drivers)and accessibility needs. City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack 5FA Agenda Item D2 Page 8 Proposed Amendment New Pa¢14$ Insert a new page 1-98 as follows,moving the previous section verbatim from current page 196 which reads, "AGENDA FOB FUTURE ACTION RECOMMENDATIONS:Suburban Area"to here and with the followingdeletion shown in MukethaebIgIc AGENDA FOR FUTURE PC1ION RECOMMENDATIONS: Suburban Arca • Develop infill development guidelinesas a component of the"Special Area Development Guidelines: Suburban Area'in the Reference Handbook. • PenloP tool,to encourage new investment in declining commercial centers. • M'Cloptools bassist distressed pooertvuwner associations with the preservation and tututenance of neiahborheod Darks and open spaces. • Revise the Suburban Area cation of the Comprehensive Plan as aoaoaiale when sea level rise and recurrent Roodine oolkies are developed MW/or adopted by the Cita Council. • To ensure that the function of Princess Anne Road is not reduced due to numerous access Dointa within St*yrban Focus Arta 2.1(North Courthouse) the City should construct all ora portion of pt least two Lanes of London&idee/Orakesmile FBtendesh • Study the area between Holly Road and Pacific Avenue north of 32nd Street to 42nd Street the couthern boundary of Nath End SFAI to determine need for infill development and redevelocmmt ooiky and design guideline,. 11,1 • I " I U .""16.4“. Jr. � 4 City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SFA Agenda Item D2 Page 9 Ordinance 1 AN ORDINANCE TO AMEND THE 2016 COMPREHENSIVE PLAN BY ADDING THE 'HISTORIC SEATACK SUBURBAN FOCUS AREA WITH AREA DESCRIPTIONS AND RECOMMENDATIONS WHEREAS,the public necessity,convenience,general welfare and good zoning practice so require, WHEREAS,the 2016 Comprehensive Plan included a recommendation to use a public process involving area stakeholders,to study the Historic Seatack Community for potential designation as a Suburban Focus Area (SEA) with associated land use recommendations: WHEREAS. a work group composed of representatives of the Seatack community,Planning Commission members and City staff met on numerous occasions to discuss the community,its needs and appropriate land use recommendations: WHEREAS, the work group agreed on the addition of the Historic Seatack Suburban Focus Area, however there were numerous questions in regard to the addition and it was deferred by the Planning Commission', WHEREAS, the Planning Commission held a workshop and public comment meeting in the Seatack community to further discuss and refine the Suburban Focus Area. Such revisions are enumerated on the attached "COMPREHENSIVE PLAN AMENDMENT. Establishing the "Historic Seatack Suburban Focus Area (SFA)"within the City of Virginia Beach Comprehensive Plan. IIs Our Future' A Choice City(2016, as amended), Amendment to the Policy Documents Table of Contents and Chapter 1. Section 1 3"Suburban Area"re' Suburban Focus Areas(SFAs),and WHEREAS, the Planning Commission at its December 14, 2016 public hearing recommended the approval of the attached revisions to the 2016 Comprehensive Plan. 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 3 BEACH,VIRGINIA: 3 1 That the 2016 Comprehensive Plan is hereby amended and moria Snell to 3 include the revisions and additions attached hereto establishing the Historic Seatack 3 Suburban Focus Area. 4 Adopted by the Council of the City of Virginia Beach.Virginia.on the day of ,201 . City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SFA Agenda Item D2 Page 10 Ordinance APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY'. 12' arry Fran oilfield.Director B.Kay Wilson, Deputy City Attorney Planning D parlment \ . City Attorney's Office CA13636 R-4 November 28 2016 2 City of Virginia Beach Comprehensive Plan Amendment—Historic Seatack SIA Agenda Item D2 Page 11 Item#02 City of Virginia Beach An Ordinance to Amend the 2016 Comprehensive Plan by adding the "Historic Seatack Suburban Focus Area"with area Descriptions and Recommendations December 14,2016 REGULAR Jan Rucinski: Our next item on the agenda is the City of Virginia Beach, an Ordinance to Amend the 2016 Comprehensive Plan by adding the"Historic Seatack Suburban Focus Area' with area Descriptions and Recommendations. Carolyn Smith: Good afternoon. I'm Carolyn Smith with the Virginia Beach Planning Department. The proposed Seatack Amendment was deferred by the Planning Commission at your August Planning Commission meeting in order to give the public some additional time for comment and input. The Planning Commission held a workshop in October at the Seatack Recreation Center, and in early November,the Planning Commission held a public meeting, also at the Seatack Recreation Center, where the public was invited to provide you all directly with their comments and concerns. As a result of these efforts,the Staff revised the amendments as directed and agreed upon by the Planning Commission. These amendments to the October recommendations include a modification of the name of the suburban focus area to Historic Seatack Suburban Focus Area, adjustments to the suburban focus area boundary to be symmetrical east and west along Birdneck Road, and then there were slight modifications to the recommendations. This amendment certainly has been a combination of a lot of work from the Planning Commission,the Planning Department Staff and the members of the Seatack Community. The Planning Department is recommending to you the adoption of the Comprehensive Plan amendment for the Historic Seatack Suburban Focus Area. Are there any questions? Jeff Hodgson: Are there any questions for Ms. Smith? Thank you. Jan Rucinski: We have one speaker in support of that and that is E.George Minns. E.George Minns: Forgive my slowness of movement. To the Planning Department and Commission. For the Record, I'm E. George Minns, what's left of me. This has been a journey. The Seatack Community and the Seatack Civic League desperately wants to approval, and we ask your approval of it. Though, unfortunately for the record, I must reserve to address some matter in which somethings were done. But those will be addressed in another forum. With that said, we ask your approval of this long, long overdue recordation of the oldest African American Community in the United States, and unfortunately, the first African American Community in the City of Virginia Beach ever to be placed in the Comprehensive Plan. And there were many that have been destroyed. And that is why we made this effort. And I must also state for the record,we have serious problems with making any amendment adjustment solely for one particular kind of business being a mini-storage when the records of Planning shows there are too many storage facilities in Seatack already. But, it is the will of the Board of Directors of Seatack Civic League,and I'm bound to carry out their will. They ask that this be approved. Thank you. Are there any questions? Jeff Hodgson: Are there any questions for Mr. Minns? Thank you sir. Item ffD2 City of Virginia Beach An Ordinance to Amend the 2016 Comprehensive Plan by adding the"Historic Seatack Suburban Focus Area"with area Descriptions and Recommendations Page 2 Jan Rucinski: We have one speaker in opposition and that is Ryan Powell. Jeff Hodgson: Good afternoon. Ryan Powell: Good afternoon. Jan Rucinski: Please state your name for the record. Ryan Powell: Yes. Ryan Powell. I have some aerial photos for you. Jan Rucinski: If you just want to give me the stack, I can pass them down to save time. Ryan Powell: Okay. For the record, I am not opposed to the Historical District where it is justified with a historical significance. I have a problem where it is not justified. As a landowner,within the proposed boundary of the Historic Seatack neighborhood, I am opposed to the boundary location as drawn on the associated map. The boundary drawn at Bells Road would serve no purpose and only provide additional unnecessary regulations for land owners at the east end of Bells Road, which is currently 85 percent office warehouse. The boundary to include the Historical Seatack neighborhood at Bells Road has been poorly chosen and dictated without research and documentation. Seatack was originally depicted on the 1930 Princess Anne County map as being located in the vicinity of Virginia Beach Boulevard. Bells Road was depicted on this map as Bells Corner. We know that recent workshop presents its support documents including title searches survey, and historical aerial photos,where the east end of Bells Road indicating this area was never residential, and not a part of Historic Seatack neighborhood. Our research shows this area was originally a part of Bell Plantation in the early 1800s prior to becoming the Olds Farm and later acquired in 1944 by the Ferrar Family. The first house ever to be built facing the east end of Bells Road was in the 1940s by the Ferrar Family, and been seen in the 1949 aerial photo provided to you today, on the first page. The Ferrar Family later subdivided a portion of the 12.5 acre property into house lots that became the entire south side of Olds Lane. That is indicated on page 3 of what I just passed out. I had at the October 12 Planning Commission meeting requested the boundary line for the Historic Seatack neighborhood be moved northward to Olds Lane in a more legitimate location. Since making this request,and submitting the supporting documents,we have not had the courtesy of any feedback or comments from any of the City Planners.The placement of this historic neighborhood boundary to include the predominately commercial Bells Road is not justified, and will not serve a benefit to the landowners on this road. As a landowner on Bells Road, I respectfully request for the Planning Commission to address this issue and answer one simple question. What documented and valid evidence do you have to make the determination that Bells Road has legitimate historical significance related to the original community of Seatack and that a Historic Seatack neighborhood ever existed on this road? Thank you. Jeff Hodgson: Thank you sir. Are there any questions for Mr. Powell? Thank you sir. Jan Rucinski: There are no other speakers. Item#D2 City of Virginia Beach An Ordinance to Amend the 2016 Comprehensive Plan by adding the"Historic Seatack Suburban Focus Area" with area Descriptions and Recommendations Page 3 Jeff Hodgson: Actually, I have here an email from someone who was unable to attend. I'm just going to read this email really quickly. It says unfortunately,this is from Mr.Scott Sonier,who lives on Olds Lane, it says, "Unfortunately, I am once again unable to attend this public session of the Planning Commission due to work obligations. That being said, I didn't not want my voice to go unheard with the respect to the 2016 Comprehensive Plan Amendment establishing the Historic Seatack Suburban Focus Area. I followed and participated in the process since April 2016,and am aware of the opportunities for comment and the work that the Seatack Planning Commission and others have put forth preparing this document. Having read the current proposed amendment, I agree to the various community boundaries and fully support their inclusion into the 2016 Comprehensive Plan. An area of concern that I have gathered from public comments deal with the southern end of the Birdneck Road Corridor, and living at the south end of Olds Lane at the proposed SFA map, I would be opposed to the exclusion to the north eastern section of Bells Road, doing so with further open the pathway for the encroachment of additional industrial applications which would not blend well with this section of Seatack. The Commission's recent denial of the Birdneck Storage II, L.L.C.application during the July 2016 meeting was a testament of the Planning Commission's support for keeping and encouraging appropriate land uses in our residential area. Thank you for being our Beach representative. That is the one he sent me last night. We have no other speakers. I guess we can close this up for discussion amongst the Commission. Carolyn did you have anything else to add? Carolyn Smith: No,thank you. Jeff Hodgson: Mr. Redmond? Dave Redmond: Mr. Chairman, I would like to first take the opportunity to thank those members of this body who served on the subcommittee who labored for many, many months. We have sliced and diced this a thousand different ways. I don't know if there will ever be a perfect solution. Nonetheless, I think this is a fine solution,and we have encumbered as many various interesting viewpoints that as we could possibly can. And given our responsibility to make recommendation to City Council, I think the recommendation that we're making today is a very sound,very logical, so I thank you for doing that. I'll be happy to support the application. Jeff Hodgson: Is there anybody else? Mr. Redmond? Dave Redmond: Mr. Chairman, I move approval. Jeff Hodgson: A motion made by Commissioner Redmond. Is there a second? Bob Thornton: I'll second it. Jeff Hodgson: A second by Commissioner Thornton. Mr.Weeden? AVE 11 NAY 0 ABS O ABSENT O HODGSON AYE Item#D2 City of Virginia Beach An Ordinance to Amend the 2016 Comprehensive Plan by adding the "Historic Seatack Suburban Focus Area"with area Descriptions and Recommendations Page 4 HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the ordinance to amend the 2016 Comprehensive Plan adding the Historic Seatack Suburban Focus Area. Jeff Hodgson: If there is no other business,the meeting is adjourned. [ 0-c,t'l%, f ''20 11, s. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND THE 2016 COMPREHENSIVE PLAN BY AMENDING THE MASTER TRANSPORTATION PLAN AND PRIMARY ROADWAY NETWORK PLAN MAP AND POLICY DOCUMENT IN REGARD TO LAVENDER LANE AND SENTARA WAY MEETING DATE: January 17, 2017 • Background: The proposed amendment to the Comprehensive Plan is the result of public comment provided to the Planning Commission by the Aragona Village Civic League at the April 2016 public hearing regarding the Comprehensive Plan. The concerns raised by the civic league focused on potential adverse impacts associated with an increase of traffic on Lavender Lane, should Lavender Lane connect from Broad Street to Virginia Beach Boulevard and the proposed Lavender Lane 1-264 flyover be constructed (graphic attached). • Considerations: The amendment will remove all references to the proposed Lavender Lane flyover over Interstate 264. In addition, there is no intention to improve the undeveloped Lavender Lane right-of-way between Broad Street and Virginia Beach Boulevard. The undeveloped right-of-way should remain as green space, so as to not bring additional motor vehicle traffic through the Aragona community via Lavender Lane. Further details pertaining to the amendment are provided in the attached Staff report. There is no known opposition to this amendment. • Recommendations: City Staff recommends approval of this amendment. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Ordinance and Staff Report Minutes of Planning Commission Hearing Conceptual Layout of Lavender Lane Flyover Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep= nt/Ag,ncy: Planning Department City Manager: garC 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN BY AMENDING 3 THE MASTER TRANSPORTATION PLAN 4 AND PRIMARY ROADWAY NETWORK PLAN 5 MAP AND POLICY DOCUMENT IN REGARD 6 TO LAVENDER LANE AND SENTARA WAY 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the 2016 Comprehensive Plan includes a Master Transportation 12 Plan and Primary Roadway Network Plan Map and description; 13 14 WHEREAS, amendments to the Plan and Map would eliminate the flyover at 15 Lavender Lane and add the flyover at Sentara Way to the Map and Plan to better 16 correspond with the plans for these areas; 17 18 WHEREAS, the Planning Commission at its December 14, 2016 public hearing 19 recommended the approval of the attached revisions to the 2016 Comprehensive Plan 20 in regard to the transportation plans for Lavender Lane and Sentara Way. 21 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 23 BEACH, VIRGINIA: 24 25 That the 2016 Comprehensive Plan, is hereby amended and reordained to 26 include the revisions and additions attached hereto amending the Policy Document and 27 Master Transportation Plan and Primary Roadway Network Plan Map. 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 201 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ir.1-_I W As G a SItE - ` til ry Fra enfield, Di - B. Kay Wil-on, Deputy City Attorney Planning 1 epartment City Attt 's Office CA13886 R-2 December 19, 2016 2016 Comprehensive Plan Policy Document Amendments 1) Urban Areas section, page 1-34, 8`^ bullet Change as follows: • Build an two-additional crossing of the 1-264,Oae east and-one-west-of the Independence Boulevard interchange 2) Also, see attached modified Master Transportation Plan Primary Roadway Network Map that removes the Lavender flyover Interstate 264, between Independence Boulevard and Witchduck Road. City of Virginia Beach 4> Comprehensive Plan jat- Chesapeake Bay Adopted May 17,2016 .t • n, i ,,o... e orC, R 000 G d r H . \-'1.--,..34.2.‘,.,,,,,4 i ewnn101 _ •a, i �.- 15 i�'''`• . g 3s i N... +, Y Q., Atlantic Ocean , . ar. - • tas o.rNEC 1� � s li . • 9 • • '] " lJ • '�!!Ill a, . ■ -wa %9 r v= %7 1 �•� •10.P Ir or .\ TS. nt�a•' L i , .AT.,.4 1 ll ......„..) . ED I � P 'J ♦• i '.1 is\...-- -_,....:,::„._____ , c ; 4i n , • i t'^i Legend L OProposed New Interohange .` y • Proposed New Flyover L n;erstate i Raceway/0001510 ROW dernfied on map) j i Malor Menai talo 8 M eel, .�.. .�..■..� ..�..�,. _..,.r...�,.�......�..�lr .ten ..` srr -.- -Mid Arsenal up 10 6 lanes I Mmor Menai up to S lanes North Carolina _ -Map.Collector up to 4 lanes Minor Cofactor up t0 2 cares -Rural Colector Princess Mne CommonsIransl on Area Parkway up:0 a ales -Pnxess Anne Commorslrransdon Area Parkway up 10 2 panes ■ ■Proposed southeastern Parkway aro Oreenben ,, „„ 2 2. 4 5 Cashed tine-Future Road Primary Roadway Network Plan Map Applicant City of Virginia Beach Agenda Item Public Hearing December 14, 2016 / 2016 Comprehensive Plan Amendment—Amending the Master City of Transportation Plan and Primary Roadway Network Plan Map and Virginia Beach Policy Document in regard to Lavender Lane and Sentara Way Descriptive Summary of the Comprehensive Plan Amendment The City of Virginia Beach Comprehensive Plan, It's - _ 'F, S,, Our Future: A Choice City, was adopted on May 17, C.ii� ��* , o� 2016 and has been subsequently amended. The �� ..4,71141. proposed amendment to the Comprehensive Plan is 64 a°P4 the result of public comment provided to the Planning �� °R o�°� ' 1110 Commission at the April 2016 public hearing. The f EYYTOW"4• ' 'c concerns raised by the civic league focused on ` ..A. _- ' • potential adverse impacts associated with an increase 1. - ( �; of traffic on Lavender Lane,should the Lavender Lane a� { `'it connect from Broad Street to Virginia Beach -�. �`-�.�-- ,mg 1 "I48F4CH°IVO Boulevard and the proposed Lavender Lane 1-264 264 x 4111M. F :o""E` Y O flyover be constructed. o '"'l• Q., �. 2�,.Ta4 3 RNC if A 6Qs `�'i s The Planning and Community Development 0 ?9 N 64 by e transportation planning Staff, in coordination with !f'"o,,tia Roy Fqo 3� Ho<<� Public Works Staff, proposes the following `FRRa .., °4r . °t amendment that will remove all references to the aOtitiR YQ X90 ,� Qri proposed Lavender Lane flyover,as there is no 4,, In t'tiF lY""��N intention to improve the undeveloped Lavender Lane • 0 �4O . e�,t,,,c,BLVD t6, v+Y right-of-way between Broad Street and Virginia Beach , �. L.,. --'°K. ,,,0� �- \4-c° Boulevard. The undeveloped right-of-way should Zm -c H.0'. 'PO .04 remain as green space,so as to not bring additional motor vehicle traffic through the Aragona community via Lavender Lane. The proposed text amendment, which revises page 1-34,the modification of the Master Transportation Plan Primary Roadway Network Map, and the ordinance are below. This amendment shall supersede any language and recommendations related to Lavender Lane mentioned in the Pembroke Strategic Growth Area Plan. Staff recommends approval of this amendment and ordinance. City of Virginia Beach Comprehensive Plan Amendment—Amending the Master Transportation Plan Agenda Item 17 Page 1 Proposed Amendment 2016 Comprehensive Plan Policy Document Amendments 1) Urban Areas section, page 1-34, 8t" bullet Change as follows: • Build ant-we additional crossing of the I-264rene east ane-e-Re-west-of the Independence Boulevard interchange 2) Also, see attached modified Master Transportation Plan Primary Roadway Network Map that removes the Lavender flyover Interstate 264, between Independence Boulevard and Witchduck Road. City of Virginia Beach Comprehensive Plan Amendment—Amending the Master Transportation Plan Agenda Item 17 Page 2 Proposed Amendment City of Wrginla.»ch.. conpr ...Plan •hyPO4..5.. , Lyra Y.r IT.f.. - 4 / q~ r 1111. OrAur • • 9. • • • • ani Novae • a..........p..M.....,. , Sao Primary Roadway Network Plan Map City of Virginia Beach Comprehensive Plan Amendment—Amending the Master Transportation Plan Agenda Item 17 Page 3 Ordinance 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN BY AMENDING 3 THE MASTER TRANSPORTATION PLAN 4 AND PRIMARY ROADWAY NETWORK PLAN 5 MAP AND POLICY DOCUMENT IN REGARD 6 TO LAVENDER LAND AND SENTARA WAY 7 8 WHEREAS.the public necessity.convenience.general welfare and good zoning 9 practice so require: 10 11 WHEREAS, the 2016 Comprehensive Plan includes a Master Transportation 12 Plan and Primary Roadway Network Plan Map and description: 13 14 WHEREAS, amendments to the Plan and Map would eliminate the flyover at 15 Lavender Lane end add the flyover at Sentara Way to the Map and Plan to better 16 correspond with the plans for these areas. 17 18 WHEREAS. the Planning Commission at its December 14, 2016 public hearing 19 recommended the approval of the attached revisions to the 2016 Comprehensive Plan 20 in regard to the transportation plans for Lavender Lane and Sentara Way. 21 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 23 BEACH,VIRGINIA. 24 25 That the 2016 Comprehensive Plan, is hereby amended and reordained to 26 include the revisions and additions attached hereto amending the Policy Document and 27 Master Transportation Plan and Primary Roadway Network Plan Map. 28 Adopted by the Council of the City of Virginia Beach.Virginia.on the_ day of__. ..- 201 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY. • moi. .i i... _ .e -Ma :arty Fran •n ield.Deea•r B. ay D ii•n,Deputy City Attorney Planning D••artment City Attorney s office CA13886 R-1 Novembor 29.2016 City of Virginia Beach Comprehensive Plan Amendment—Amending the Master Transportation Plan Agenda Item 17 Page 4 Item#17 City of Virginia Beach An Ordinance to Amend the 2016 Comprehensive Plan by amending the Master Transportation Plan and Primary Roadway Network Plan Map and Policy Document in regard to Lavender Lane and Sentara Way December 14, 2016 CONSENT An Ordinance to Amend the 2016 Comprehensive Plan by amending the Master Transportation Plan and Primary Roadway Network Plan Map and Policy Document in regard to Lavender Lane and Sentara Way. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 17. AYE 11 NAY O ABS O ABSENT O HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 17 by consent. Brian Solis appeared before the Commission on behalf of the City. j "�4, w . g r!'" - -ExISUnR Lavender Lane14: • 'a z: �r�R/q/a xP - °ash-90 - _ L . a ,-----,..- ...‹ -• , _ ...* '0,-.. . J.-...-.. i r, ii WO' MIN 11 77.4 .1) r 6I - ,ye _ Y. 1 r i 1' k. v .! t. `,,•!- 0,,1 Proposed Area for Lavender Lane Flyover ...e r�'� ` -1/ ai 'moi /.A ..,..1.'4 �y.-� , .f' , w •, .y1 0. Nrf ' it'J' :' a Y", -� ~ t• - F i -.--. - �~ `` t!'' / {", - _ w, ::: _._'-4 %41:1 ,,„„ gi,,w •. .7 .ii'-' .. r '''.:\ I -. • ' ''• -'-' alaill. .____*._____ ‘,.,_r______, Otia.....iiiiill' 11111N1 iiiii. . ,...._, , , . ......_ ., ----..„.. , , , r _a...a__ ...orn1111.0. rrIrrre i&iiii 1111111 . . IIIIIIIIISIKIIIIIIIIIIE 1 I . 1 IF i %INN . .. 'a .., tP .. 1110 .1 1 1 -1 ' — — e .. . or • .' + �� 1. / Lr -le."All Y . R /7: 4 It 111111111111 i I pikb' --- tic', P No.-.: a r lip • , I ,-- # Proposed Lavender • 1` , > 6 . ,r' _ i Lane Flyover (�; L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD PLANNING COUNCIL RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBDC 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 1/17/I7/st/jag 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE91/0.312019 PAGE: I D A AGENDA V g ITEM B SUBJECT MOTION VOTE A E II E W B N E J S Il 1 B PDNOKMSH LW O O Y I. N A 0 0 R S 0 TR E EENSM I 00 TER Y S ES S NND 1 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING Phil Pullen,Manager -Transportation Public Works POLICE BODY CAMERA POLICY Chief James A. Cervera HURRICANE MATTHEW-Update Erin Sutton,Deputy- Emergency Management Coordinator HURD'S COVE NAVIGATION- Dan Adams-Public Update Works PLANNING ITEMS-Pending Carolyn Smith, Planning Administrator 11 /V/ CERTIFICATION OF CLOSED C'ERTII-IED 11-0 Y V V YYY Y Y Y V V /IV VWII.A SESSION -E MINUTES APPROVED 9-0 Y Y Y Y V Y Y Y V December 13,2016 • H PUBLIC HEARINGS I. ARP No Speakers WEST LANDING ROAD 1.1 Resolution to GRANT an additional and AIIOPLED, 9-3 N Y Y N Y Y N Y Y Y V FINAL extension for compliance to ALTERNATE United States Management,LLC(USM) VERSION re a loan commitment for the Arena development 1.2 Resolution to EXTEND the Cable ADOPTED,BY I1-0 Y V Y V Y N Y Ey Y V Franchise Agreement with Verizon CONSENT Virginia,Inc. 1.3 Ordinance to AUTHORIZE acquisition ADOPTED,BY 10-1 Y Y Y Y Y V N VEY Y of an Agricultural land Preservation CONSENT (ARP)easement from GIN-PHIL,[LC at 2500 West Landing Road DISI RICT -PRINCESS ANNE LI SHANNON DUPRE/DUPRE INC.,RI APPROVED/ 11-0 YYYTYYYY V Y Y HUANG A.and RI CAN ZIIENG and CONDITIONED,BY IIUI LIN CHEN for a Conditional Use CONSENT Pennine a Tattoo Parlor at 1801 Pleasure House Road DISTRIC 1 4- BAYS IDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DA I ISO I'03/211❑ PAGE: 2 D A AGLNDA V S ITEM SUBJECT MOTION VOTE A L H E W B N E I S U 1 B PDNORMSIILW O 0 Y LN A 0 0 R SO T R EEFNSM I 00 T T R YS ES SNND K APPOINTMENTS RESCHEDULED 11-0 BYCONS ENS U S HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC M'N 0 ADJOURNMENT 6:56 P.M. PUBLIC COMMENT 3 Speakers 6:57—7;04 P.M.