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FEBRUARY 7, 2017 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL tHweEA MAYOR WILLIAM D.SESSOMS JF At-Large $� CH VICE,MAYOR LOUIS R.JONES Bayside D' i 04' a M BENJAMIN Ill ENPORT,A Large O JESSICA P. /I RORERM DYER Centerville District Is BARBARA M HENLEY. AnneDDistrictDistrict' se Ha SHANNON DS KA\ER Holl Dittrict3 _ JOHN D.MOSS At Large JOHNS UHRIILDistrict Beach 6 v° .. ROSEMARY WILSON,At-Large JAMES L. WOOD,tannlaven tDdma 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 1401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)3854303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIASh•EBRUARY 7, 2017 E-MAIL.(VencfCvbgov.rom CITY CLERK RUTH HODGES FRASER.MMI' MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM 1. 2040 VISION TO ACTION COMMUNITY COALITION Peggy Layne, Chairman IL CITY MANAGER BRIEFINGS 1. NON-EMERGENCY MEDICAL CALLS BILLING Chief David Hutcheson - Fire 2. RESORT ENTERTAINMENT DISTRICT (DOME SITE) Ronald H. Williams, Jr. - Deputy City Manager 3. PRE-RETREAT STRATEGIC INPUT Catheryn Whitesell, Director—STIR III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Lary J. Edmonds Pastor, Memorial 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 17, 2017 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VOLUNTEER RESOURCES Director James E. Parke I. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. 1509/1513, 1515 Indiana Avenue. b. 116, 117/119 and 121/123 N. Oceana Boulevard with adjacent vacant lot c. 1464/1466 Southern Boulevard d. 229, 233 Roselynn Lane e. 1521, 1525, and 1529 New York Avenue f 117/121 and 125/127 Matt Lane g. 217 Middle Lane 2. EASEMENT Norfolk Southern Railroad right-of-way J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Article III of Chapter 26 re Charitable Solicitations b. Section 26-36 re Term of Solicitor Permits 2. Ordinance re Adult Learning Center,4160 Virginia Beach Boulevard: a. APPROVE the sale and ALLOW the School Board to RETAIN the sale proceeds b. AUTHORIZE the acquisition of the Center from the School Board c. AUTHORIZE the use of$3.5-Million from Various Site Acquisitions II for the purchase 3. Ordinance to DECLARE the Property at 217 Middle Lane to be in EXCESS and AUTHORIZE the sale to JAMES NORRIS DISTRICT 6—BEACH 4. Ordinance to DECLARE the following properties EXCESS and AUTHORIZE the sale to OCEAN BAY HOMES, INC.: a. 1509/1513, 1515 Indiana Avenue b. 116, 117/119, 121/123 N. Oceana Boulevard; c. 1464/1466 Southern Boulevard d. 229,233 Roselynn Lane e. 1521, 1525, 1529 New York Avenue f. 117/121, 125/127 Matt Lane 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property for SLN BANCROFT, LLC re: a playground and fencing at 1246 Bayne Drive DISTRICT 5- LYNNHAVEN 6. Ordinance to AMEND the FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re: finding allocations for affordable housing 7. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement between the Virginia Department of Agriculture and Consumer Services for partial reimbursement of the purchase of Agricultural Reserve Program(ARP) Easements 8. Resolution to SUPPORT Use of Local Funding for"Centerville Turnpike Phase III" 9. Ordinances to APPROPRIATE: a. $358,000 from the Police Federal and State Seized Assets Special Revenue Fund re police equipment and office renovation b. $29,893 from the Sheriff's Office Federal and State Seized Assets Fund re technical maintenance and support K. PLANNING 1. FOURTH SHOT, LLC and DON BROCKWELL for a Conditional Use Permit re a Tattoo Parlor at 1017 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. JANICE P. FUCCI and BIRDNECK ASSOCIATES for a Conditional Use Permit re a Tattoo Parlor at 515 North Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. RICHARD SCOTT and LINDA B. ALLEN for a Conditional Use Permit re a Residential Kennel at 3769 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. PENNYMARIE S. LAZAUSKAD for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1704 Grindstone Court DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. EXPRESS OIL CHANGE & TIRE ENGINEERS and SARROW ONE, LLC for a Conditional Use Permit re Auto Repair at 2136 Princess Anne Road DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 6. ALEXANDER P. KNAB for a Variance to § 4.4(b) of the Subdivision Regulations re lot width at 316 Mace Hill Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. LYNN PLAZA INVESTMENTS, LLC for a Variance to § 4.4 (b) of the Subdivision Regulations re lot width at 845 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 8. MANOUSOS ENTERPRISES, Inc. for a Variance to § 4.4 (b) of the Subdivision Regulations re a flag lot at 1337 Ferry Point Road DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 9. BIRDNECK STORAGE 2, LLC for a Conditional Change of Zoning from R-l0 Residential to Conditional 1-1 Industrial District for redevelopment and self-storage at 1044, 1052 and 1054 Bells Road(Deferred September 6, 2016) DISTRICT 6—BEACH RECOMMENDATION: STAFF— APPROVAL PLANNING COMMISSION -DENIAL 10. TALLWOOD, LP for a Conditional Change of Zoning from PDH2 (R-5D Residential Duplex District overlay) to Conditional A-18 Apartment District at 5705 Schoolhouse Road DISTRICT 1 —CENTER V ILLE RECOMMENDATION: APPROVAL L. APPOINTMENTS HAMPTON ROADS PLANNING DISTRICT COMMISSION—HRPDC HEALTH SERVICES ADVISORY BOARD HISTORC PRESERVATION COMMISSION OPEN SPACE ADVISORY PARKS AND RECREATION COMMISSION PERSONNEL BOARD PLANNING COUNCIL RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TOWING ADVISORY BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—VBCDC WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS x*x*x*x*a*:t+:**aa******* N. NEW BUSINESS PUBLIC COMMENT Non-Agenda Items O. ADJOURNMENT Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 .x rn.+r.+«..r•+x..r. 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 2/7/I 7jag CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL costa BR4Cy MAYOR WILLIAM O.S£SSOM.S,JR.,Al-large VICE MAYOR LOUIS R.JONES,B .Id District 4 Off' JESSICA P.ABBOTT Kempsville District /� r Al BENJAMIN DA V£NPORI:Al Large ROBERTM DYER Centerville- I n _ BARBARA Al.HENLEY.Princess Anne District SHANNON DS KANE Rose Hall District 3 —' JO/LN D.MOSS.Al Large Qui ... JOHN E.UHR/N,Bench District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING JAMES L.WOOD.Lvnnhaven-District 5 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH. VIRGINIA 23456-9005 CITY MANAGER DAVID L HANSEN PHONE:(95))385-4303 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA FAX(95))385-5669 CITYAUDITOR JERALD D.BANAGAN E-MAIL:FAX CITY ERKOR TH/lOrvSS ERAS FEBRUARY 7, 2017 CLERKCHYRUTH/IODG£S ERASER. MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 3:00 PM 1. 2040 VISION TO ACTION COMMUNITY COALITION Peggy Layne, Chairman II. CITY MANAGER BRIEFINGS 1. NON-EMERGENCY MEDICAL CALLS BILLING Chief David Hutcheson- Fire 2. RESORT ENTERTAINMENT DISTRICT (DOME SITE) Ronald H. Williams, Jr. - Deputy City Manager 3. PRE-RETREAT STRATEGIC INPUT Catheryn Whitesell, Director—STIR III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Larry J. Edmonds Pastor, Memorial 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 17, 2017 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION I. VOLUNTEER RESOURCES Director James E. Parke I. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. 1509/1513, 1515 Indiana Avenue. b. 116, 117/119 and 121/123 N. Oceana Boulevard with adjacent vacant lot c. 1464/1466 Southern Boulevard d. 229, 233 Roselynn Lane e. 1521, 1525, and 1529 New York Avenue Ii 117/121 and 125/127 Matt Lane g. 217 Middle Lane 2. EASEMENT Norfolk Southern Railroad right-of-way 1661: (u N,m j 71 ti . :er' ptBLIc HFARIW SALE OF FSCESS CBY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of Clryowned properly, Tuesday, Felxuary 7. 2017 Pt 5;00 pm..in the Council Chamber of the Cly Hall Building (Building 81) at the Nrgnia Beach Municipal Center. Wgnia Beach,Virpnia.The properties are located at 1515 and 1509/1513 Indiana Ave. (GPINs: 2417-04-3833 and 2017-0648031: 121/123. 117/119 and 118 N.Ocean Blvd.with adjacent vacant lot (GPINs: 2417-04. 0770, 2417-044621. 2017-066673, and 24170685881 1084/1486 Southern Blvd. (BON: 2017008802): 229 and 233 Roselyn Tn. (GPINs: 2017-05-2318 and 201705-24121; 1521.1525,and 1529 New York Ave. (GPINs:2417-04-2503,2417-04-1533, and 20170405731:and 117/121 and 125/127 Matt Ln, (GPINs: 2407-76 3505 and 2401763624/The purpose of this hearing will be to obtain punch input to determine whether these properties should be declared to be in excess of the City's needs If you are physically dIsadM a Nous" Impaired and need assistance at the meeting please call the WY CLERK'S OFFICE at 757-3854303; Hearing Unpaired, call 711 (Virginia Relay - Telephone Device for the Dean. At questions concerning this maner should be directed to the Office of Real Estate,Building 02, Room 392.at the Virginia Beach Municipal Center,or call ((57)385-01 1. Ruth r.MMC City k Beacon: Sunday,January 29,2017 s. FU 4. M„° ZHs3 trk` yJ J NOTICE OF PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach Cay Council will hold a PUBND HEARING on the disposition and Sale of City-owned property. Tuesday, Fabling 7. 2017 at 6I0O Pm. In the Council Chamber of the Ciry Hall Building (Bulling NS) at the Virginia Beach Municipal Center. Virginia Beach.Virginia.The property is located at 217 Middle lane IGOIN: 240785-92691. The purpose of this hearing Mn be to obtain public input to determine whether this property should be declared 'Excess of the Citys needs'. If you are pfpabl&disabled or N6WIN Impaired and need assistance at this seting,please call the CITY CLERICS meeting. at 385430';Hearing Impaired, call 1-8004261120 ryoginle Relay - Telephone Device for the Dee). Any questions concerning this matter should be directed to the office of Real Estate.Bulking N2, Room 392.at the Virginia Beach Municipal Center. The Real Estate Office telephone number is 0511385-4161. Ruth r r,MMC Crw rk Beacom Sunday,January 29,2017 i4 f77 f ,ssawWe puBl IC HFNRINf GRANT OF EASEMENTOYER MOM The Virginia Beath City Council will hold a PUBUC HFNWIG on Be venting of an easement to the Commonwealth of Vagina over ptypmM property known as the former Norfolk Southern railoa0 rphtaWay (G91Ns: 1467-13-1924. 1467-934993 and 2407-04-3244)on Tuesday. Fayrrary 7, 2011 at BM Pm, in the Council Chambers of the Gly Hall Milting IeuiMmg ,11 Municipal Center, Yrgirva Bead,. VIrginia.The properly to be subject to the easement Is a 10.57-mde condor of land bounded on the west by the pry's boundary with the Cry of Norfolk and running eastward to Birdnecl Road. This hearing will be to obtain public want to determine whether this easement should be declared "excess f e City's needs: If you are pIBalab dNabSO or wary bnpaked and need assistance at this meetng please call the CITY CLEM'S OFFICE at 3854303;Sang Bnpa1ed, call 711 IWgmia Relay 'Telephone Device for the Deaf). My questions concerning this matter should be directed to the Office of the Cray Attorney, Municipal Building #1, Room 260. 757)385-4531. Ruth HergAlhseAMC City CI Beacon, Sunday,January 29,2017 J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Article III of Chapter 26 re Charitable Solicitations b. Section 26-36 re Term of Solicitor Permits 2. Ordinance re Adult Learning Center,4160 Virginia Beach Boulevard: a. APPROVE the sale and ALLOW the School Board to RETAIN the sale proceeds b. AUTHORIZE the acquisition of the Center from the School Board c. AUTHORIZE the use of$3.5-Million from Various Site Acquisitions II for the purchase 3. Ordinance to DECLARE the Property at 217 Middle Lane to be in EXCESS and AUTHORIZE the sale to JAMES NORRIS DISTRICT 6—BEACH 4. Ordinance to DECLARE the following properties EXCESS and AUTHORIZE the sale to OCEAN BAY HOMES, INC.: a. 1509/1513, 1515 Indiana Avenue b. 116, 117/119, 121/123 N. Oceana Boulevard; c. 1464/1466 Southern Boulevard d. 229, 233 Roselynn Lane e. 1521, 1525, 1529 New York Avenue f. 117/121, 125/127 Matt Lane 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property for SLN BANCROFT, LLC re: a playground and fencing at 1246 Bayne Drive DISTRICT 5- LYNNHAVEN 6. Ordinance to AMEND the FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re: funding allocations for affordable housing 7. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement between the Virginia Department of Agriculture and Consumer Affairs Services for partial reimbursement of the purchase of Agricultural Reserve Program (ARP) Easements 8. Resolution to SUPPORT Use of Local Funding for"Centerville Turnpike Phase IIP" 9. Ordinances to APPROPRIATE: a. $358,000 from the Police Federal and State Seized Assets Special Revenue Fund re police equipment and office renovation b. $29,893 from the Sheriffs Office Federal and State Seized Assets Fund re technical maintenance and support 4 [ - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Amend Article III of Chapter 26 of the City Code Pertaining to Charitable Solicitations MEETING DATE: February 7, 2017 • Background: The State regulates professional solicitors and certain charitable solicitations through the Virginia Department of Agriculture and Consumer Affairs. Article III of Chapter 26 of the City Code (the "Article") provides the framework for City regulation of charitable solicitations. The Article defines which solicitations are regulated, and by implication which are not. Additionally, the Article provides a licensure process that seeks to provide protection to the citizens of the City. The Article also includes prohibitions and punishments for the failure to comply with the law as it relates to charitable solicitations. In the absence of local regulations, a charitable organization that is not otherwise required to register with the state would go unlicensed in the City. This includes charitable organizations that do not solicit in five or more contiguous cities or counties and those organizations that do not employ professional solicitors. • Considerations: Pursuant to Virginia Code § 57-63, the City Code provisions regarding charitable solicitation are required to conform to the State Code. This ordinance seeks to update the City Code and to bring it into conformity with the State Code. This update includes the state law prohibition of soliciting funds for terrorist organizations. Additionally, the ordinance clarifies that the Commissioner of the Revenue is the local agency for receipt and processing of any local chartable solicitation license application. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Ordinance; Code Section Crosswalk Recommended Action: Approval Submitting Bea, gency: Commissioner of the Revenue 7 City Manager: , 1/4 J City Code Crosswalk—Charitable Solicitation Topic Ordinance City Code Definitions 26-49 26-49 Exemptions 26-50 26-50; 26-51 License Requirement/Application 26-51 26-58 Time and Effect of Licensure 26-52 n/a (Va. Code § 57-61.1) Disclosure of Professional Solicitor 26-53 n/a(Va. Code§ 57-55.2) Recordkeeping 26-54 26-61 Reciprocal Agreements 26-55 26-52 Public Records 26-56 26-64 Prohibited Acts 26-57 26-65; 26-66; 26-67; 26-68; 26-69; 26-70;26-71; 26-72 Enforcement& Penalty 26-58 26-55; 26-56;26-57 No Authorization for Unlawful Acts 26-59 26-53 Appeals 26-60 26-54 1 AN ORDINANCE TO AMEND ARTICLE III OF 2 CHAPTER 26 OF THE CITY CODE 3 PERTAINING TO CHARITABLE 4 SOLICITATIONS 5 6 Sections Amended: 26-49; 26-50; 26-51; 26- 7 52; 26-53; 26-54; 26-55; 26-56; 26-57; 26-58; 8 26-59; and 26-60 9 10 Sections Deleted: 26-61; 26-62; 26-63; 26-64; 11 26-65; 26-66; 26-67; 26-68; 26-69; 26-70: 26- 12 71; and 26-72 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That sections 26-61, 26-62, 26-63, 26-64, 26-65, 26-66, 26-67, 26-68, 26-69, 26- 18 70, 26-71, and 26-72 of the Code of the City of Virginia Beach, Virginia are hereby 19 repealed, and that Article III of Chapter 26 of the City Code is hereby amended and 20 reordained to read as follows: 21 22 Sec. 26-49. Definitions. 23 24 All definitions of words and phrases contained in the Code of Virginia § 57-48 are 25 hereby adopted and shall apply to such words and phrases when used in this article 26 unless clearly indicated to the contrary. 27 28 . _ _ _ _ . _ ._ ea :• _ _ .. 30 31 operated for • - _ _ -- -- - - - - • -- - - - - •- 32 :_ e - -• • . - _ _ n6t—lie 33 deemed to include any church or convention or aeeoeiatien churches primarily 34 operated for nonsecular purposes, and no part of the net income of which inures to thc 35 direct benefit of any individual; nor shall it include any political party, as defined in 36 section 24.1 1 of the Code of Virginia, or any political campaign committee required by 37 state or federal law to file a report or statement of contributions and expenditures. Nor 38 shall the definition include any labor union registered under section 10.1 76 of the Code 39 of Virginia, or any trade association; nor shall the definition include any authorized 41 or exempt charitable organization or on behalf of an organization excluded from thc 1 43 46 City manager: The city manager or a member of his staff 47 , .. ._ .. . :_ 48 50 more persons not organized for profit, but operated exclusively for educational or 52 and the net arnings of which arc devoted exclusively to charitable, educational, 54 Coetehettery Any gift, bequest, devise or other grant of any money, credit, financial 55 aecistance or : : :-• - - - • • - : - : - - - - - 60 2 of chapter 8 of-title 32.1 (§ 32.1 289 et see, ) of the Code of Virginia. 61 - -: •_ .-- :. _ :•: • -:- _ : _ . _ erQan+zatiens-anA�i-' _ . . _ authority and 66 Fund raising oxponsos: The expenses : . - _ .e• ' _ _ _ 67 integral and inseparable part of a solicitation. 68 Mombership: Those p- e •e •• • •• •• -• • -- •• -- 70 professional-standing,sio^^a'^al standing, honor•or other direct benefit, in addition to the right to vote, oloct 71 officers or hold offices. The term "membership" shall not include those persons who arc 73 Paront organization: That part of a charitable organization which coordinates, 74 . :--.' - _ _ _: . : _ ._ - -•: :_'� - - -75 advises one or more chapters, branches or affiliates. 77 corporation, society or other group or combination acting as a unit. 78 Professional fund raising counsel: Any person who, for a flat fixed fee under a 79 : .: __.._ . .:.. ... ..: _. : •, . : - or acts as a 81 on behalf of, any charitable or civic organization, but who actually solicits no 82 contributions as part of such services. A bona fide salaried officer or employee of a 83 registered or - - _ . . . . _ .. . . • : of a registered parent organization s all 84 not be deemed to be a profes..ional fund raising counsel. 85 Professional seliciter:Any--person who, for a financial or other consideration, solicits 86 contributions for, or on behalf of, a charitable or civic organization, whether such 87 : _ : _: • :• :-- : •-_: :- : : - : • _ :-• , 2 94 employee of a registered or exempt charitable organization or of a registered parent 96 Sale; sell; sold: The transfer of any property or the rendition of any service to any 98 which such property would not have been transfe -. _ . .• - __ _ . • - 99 been rendered. too Solicit; solicitation: The request or app ol, directly or •: -- , - • -e- . . _ lot on the pl a or representation that such contribution will be used for a charitable 103 contributions: 104 (1) 105 106 (2) 107 108 - -: .: •: _ . : : _ .. ._ . . _ 109 110 (3) 111 • 112 _... . ._ : . : • 113 support- 114 (4) 115 .. _ _ _ . .. . . :• • ' _- , 116 . . _ _ _ -•• _. _ - _ 117 _ ss .. _: : _ : : _ . . .• .. . : . _ 118 119 120 . . .. _ . . . ._ 121 from any such sale will be donated to any charitable purpose. 122'' : . . : • . . .. , . . . ._ :. . - •- 124 ontr ti :ien 125 126 COMMENT 127 128 This change allows the incorporation of definition provided by Virginia Code §57-48. 129 130 Sec. 26-50. Exemptions from article generally. 131 132 The following organizations are exempt from the registration requirements of this article: 133 (a) , - - • • _ • _ - _ .. _ _ _ s . .. __ _ - e• The American Red 134 Cross or any of its local chapters; 3 135 136 (b) Ne- A charitable organization -- • . - . - - • -thepro kions of this 137 article, if such organization has registered with the state commissioner of agriculture 138 and consumer services or if such organization is a chapter, branch or affiliate included 139 in the consolidated report of an organization or federated organization which is so 140 registered; 141 142 f c) A church or political organization; 143 144 (d) Educational institutions that are accredited by the Board of Education, by a regional 145 accrediting association or by an organization affiliated with the National Commission on 146 Accrediting, the Association of Montessori Internationale, the Virginia Independent 147 Schools Association, or any similar organization. 148 149 (e) Organizations which have no office within the city and which solicit in the city from 150 without the commonwealth solely by means of telephone or telegraph, direct mail or 151 advertising in national media- 152 153 (f) Organizations which solicit only within the membership of the organization by the 154 members thereof 155 156 (q) Health care institutions defined herein as any facilities that have been granted tax- 157 exempt status under section 501(c)(3) of the Internal Revenue Code, and that are (i) 158 licensed by the Department of Health or the Department of Mental Health, Mental 159 Retardation and Substance Abuse Services; (ii) designated by the Health Care 160 Financing Administration (HCFA) as federally qualified health centers; (iii) certified by 161 the HCFA as rural health clinics; or (iv) wholly organized for the delivery of health care 162 services without charge; and any supporting organization which exists solely to support 163 any such health care institutions. For purposes of clause (iv), "delivery of health care 164 services without charge" includes the delivery of dental, medical or other health services 165 where a reasonable fee is charged to cover administrative expenses. 166 167 (h) Civic organizations- 168 169 (i) Any museum that has registered with the Commissioner as required by § 57-49 170 Code of Virginia; and 171 172 (i) Organizations that have been granted tax-exempt status under section 501(c)(3) of 173 the Internal Revenue Code and that are organized wholly as Area Health Education 174 Centers in accordance with § 32.1-122.7 of the Code of Virginia. 175 176 COMMENT 177 178 This section consolidates exemptions previously set forth in the definitions sections and 179 exemptions in currently sections 26-50 and 26-51. 180 4 181 Sec. 26-51. - - - • - - - • - - - - - - -. Licensing of charitable 182 organizations; prohibition against support of terrorists. 183 184 (a) If an entity not subject to this chapter by operation of the definitions contained in 185 57-48 of the Code of Virginia or section 26-50 of this article wishes to voluntarily obtain 186 a license at no cost, such organization shall submit, before any solicitation, to the 187 commissioner of the revenue or designee, on form to be prescribed by him or her, the 188 name, address and purpose of the organization and a statement setting forth the reason 189 for the claim for exemption. If exempted, the commissioner of the revenue or designee 190 shall issue a letter of exemption which may be exhibited to the public. The letter of 191 exemption shall remain in effect as long as the organization continues to solicit in 192 accordance with its claim for exemption. 193 194 (b) Every charitable organization, except as otherwise provided herein, which intends 195 to solicit contributions within the city, or have funds solicited on its behalf, shall, prior to 196 any solicitation, file an initial license application with the office of the commissioner of 197 the revenue upon forms acceptable to him. Each license application shall thereafter be 198 refiled on or before the first day of the fourth calendar month of the next and each 199 following fiscal year in which such charitable organization is engaged in solicitation 200 activities within the city. It shall be the duty of the president, chairman or principal officer 201 of such charitable organization to file the license application required herein. Such 202 license application shall contain the following information: 203 204 (1) The name of the organization and the purpose for which it was organized 205 and the name of any fictitious names of such organization. 206 207 (2) The principal address of the organization, the address of any offices in the 208 city and its designated agent for process within the commonwealth. If no such 209 agent is designated, the organization shall be deemed to have designated the 210 secretary of the commonwealth. If the organization does not maintain an office 211 the statement shall include the name and address of the person having custody 212 of its financial records. 213 214 (3) The names and addresses of any chapters, branches or affiliates in the city. 215 216 (4) The place where and the date when the organization was legally 217 established, the form of the organization, and a reference to any determination of 218 its tax-exempt status under the Internal Revenue Code. 219 220 (5) The names and addresses of the officers, directors, trustees and the 221 principal salaried executive staff officer. 222 223 (6) The general purpose or purposes for which the contributions to be solicited 224 shall be used. 225 5 226 (7) A statement indicating whether the organization, or any officer, professional 227 solicitor or professional fund raiser thereof, has ever been convicted of a felony 228 and, if so, a description of the pertinent facts. 229 230 (c) Every license application shall include the following language: 231 "No funds have been or will knowingly be used, directly or indirectly, to 232 benefit or provide support, in case or in kind, to terrorists, terrorist 233 organizations, terrorist activities, or the family members of any terrorist." 234 235 (d) No person shall be licensed by the commissioner of the revenue to solicit funds that 236 are intended to benefit or support terrorists, terrorist organizations or terrorist activities. 237 238 (e) The registration forms shall be signed by an authorized officer of the charitable 239 organization. 240 241 (f) Every charitable organization which submits an independent registration to the 242 office of the commissioner of the revenue shall pay an annual license fee of ten dollars 243 ($10.00). A parent organization filing on behalf of one or more chapters, branches or 244 affiliates or a federated fund-raising organization filing on behalf of its member agencies 245 shall pay a single annual license fee. All fees paid hereunder shall be credited to the 246 office of the commissioner of the revenue for reimbursement of administrative 247 expenses. 248 249 (a) The following shall be exempt from •- -- - -- : • - 250 58 and the requirementsof sem- io---tion '_'`--6_-', but shall otherwise be subject to the 251 provisions of this article: 252 _ - __ • _ •_ ___ .• _ . _ _ _ 253 : - : '_ _ ': - .. .. : : •. •: e_ . . 254 by an organization affiliated with the National Commission on Accrediting, the 255 -_'. - . . - • • _ . . . .. . -- - 256 foundation having an established identity with any of the aforementioned 257 - .. . .. _ ._ •• _ 258 : .e• ._ -: -. sae _ . __ _ _ 259 their families. 260 "` ^-cone roasting contributions for the relief of any individual specified by 261 name at the time of the solicitation, when all of the contributions collected, 262 . . . • . _ . _ _ . . , are turned over to the named beneficiary 263 for his use. 264 (3) Charitable organizations which do not intend to solicit and receive, during a 265 calendar y ar, and have not actually raised or received, during any of the three 266 (3) next preceding calendar y ars, contributions from the public in excess of 267 five thousand dollars ($5,000.00), if all of their functions, including fund raising 268 . . - 269 e_ '•_e : :. : : e • _ 270 member. Neverthelcee, if the contributions raised from the public, whether all of 271 such is or is not rocoived by any charitable organization during any calendar 272 ygar, shall be in execs., of five thousand dollars ($5,000.00), it shall, within 6 273 thirty (30) days after the date it shall have received total contributions in execs., 274 _ . _ _ - . . . . ,!!tie , - - h and report to the city manager 275 as required by this article. 276 e _ - . . . _ _ - • _ 277 .:. . . .. .. .. . . .. __ : - .. _ : - _ : . . •. 278 279 • ._ _ . _ .. _ .. ___ • _ : :. 280 by the members thereof. 281 : - • __ - _ - - granted tax exempt status under 282 _! - ' - • ' _ _:: _ .. . : ::• - : 283 organization which exists solely to support any such institution. 284 (7) Civic organizations. 285 _ - . . . e _ . . . .. _ _ - be exempt under this soction unlcre it shall 286 . . , ' _ . •_' - _ •- city manager, on form to be prescribed by him, the 287 name, addres., and purpose of the organization and a statement setting forth the r aeon 288 : ._ .. _ _ • _. • - ..- . . _ . . . . _ __ . 290 from the registration provisions of this article. If exc.. ---, • - • -- . - 291 a letter of exemption which may be exhibited to the public. No registration fee shall be 292 required of any exempt organization. The letter of exemption shall remain in effect as 293 long as the organization continues to e - -•• e 'e- 294 295 COMMENT 296 297 This section has been re-organized and updated to conform to state law. The 298 Commissioner of the Revenue will he the licensing agency for the City. 299 300 Sec. 26-52. ' - -•• •• - • • e • - -- •• • -- . Time and effect of 301 licensure. 302 303 (a) Licenses by charitable organizations are effective, if complete, when approved by 304 the commissioner of the revenue. Incomplete license application forms and license 305 application forms lacking required accompanying documents shall not be approved until 306 completed or until the required accompanying documents are received by the 307 commissioner of the revenue. 308 309 (b) If the commissioner of the revenue at any time determines that (i) the requirements 310 of section 26-51 have not been met or (ii) the licensee is violating any requirement of 311 section 26-57, then the commissioner of the revenue may suspend the license until the 312 licensee meets the requirements or complies and provides evidence thereof satisfactory 313 to the commissioner of the revenue. If the licensee does not provide sufficient evidence 314 to reinstate the license within 30 days of the suspense, the license shall be revoked, 315 and such revocation shall be final subiect to section 26-60. 316 317 The city manager may enter into a reciprocal agreement with the appropriatc 7 319 ehanging--information with respect to charitable-: :. - - , - - .e •- . 320 - : : : _ : : . _ : .: __•• _• : - 321 .._ •_:_ .. _ .. __ : . •-- _ e : :_ _ : _ _ _ _ 322 •• ":.- _ ^ •_ 323 is commonw alth, in lieu of the information required to be filed by this 324 article. 325 326 COMMENT 327 328 This section moves the licensure requirement toward the beginning of the article. The 329 section regarding reciprocal agreements is moved to 26-55. 330 331 Sec. 26-53. • - - - - - • - - - - - - . - acnom om __i_nsor decread__rease 332 . Charitable solicitation disclosure. 333 334 Every professional solicitor who solicits contributions from a prospective contributor in 335 the city: (i) shall identify himself and his employer; (ii) shall disclose that he is a paid 336 solicitor; and (iii) shall notify the prospective contributor that a financial statement for the 337 last fiscal year is available from the State Office of Consumer Affairs. Such disclosure 338 shall comply with the requirements set forth in the Rules Governing the Solicitation of 339 Contributions promulgated by the Board of the Virginia Department of Agriculture and 340 Consumer Services. 341 342 Nothing contained in this article shall be const - -: . _ - _ . . . 343 omis..ion which-is-now-_ - _ _ ••_ . . - - •• _ e • • 344 person imposed by-existing laws. 345 346 COMMENT 347 348 This new section mirrors the disclosure requirements provided by Virginia Code § 57-55.2. 349 The section about unlawful acts is moved to 26-59. 350 351 Sec. 26-54. • - - - . - - - - - • - - - -. Records to be kept by 352 organizations. 353 354 Every charitable organization required to be licensed with the city shall keep true fiscal 355 records for all fiscal years in accordance with the standards set out in section 57-53 of 356 the Code of Virginia. Such records shall be retained for a period of at least three (3) 357 years after the end of the period to which they relate. 358 359 :- _. : .• .:.. :•- - •_ _ _ . . - 360 article, denying such person any right to which he is entitled under law, may, within 361 fifteen (15) days from the date of such order, apply for relief to the circuit court of the 362 city. Either party may app al any final order of such court in the same manner as 363 provided by law in cases other than cases of app Is of right. 364 365 COMMENT 8 366 367 The state law requires records to be kept. The section providing appeals is moved to 26-60. 368 369 370 Sec. 26-55. Investigations-to-enforce-article: Reciprocal agreements with other 371 municipalities. 372 373 The commissioner of the revenue may enter into a reciprocal agreement with the 374 appropriate authority of any other locality within the commonwealth for the purpose of 375 exchanging information with respect to charitable organizations. Pursuant to such 376 agreements, the commissioner of the revenue may accept information filed by 377 charitable organizations with the appropriate authority of another locality within this 378 commonwealth, in lieu of the information required to be filed by pursuant to § 26-51. 379 380 The city manager, upon his own motion or upon the complaint of any person, may 381 investigate any charitable or civic organization, professional fund raising counsel or 382 professional solicitor to determine whether such charitable or civic organization, 383 - - -•. •• - - - - - _ - - - _ -. _ . . 384 provisions of this-article. 385 386 COMMENT 387 388 This section is former 26-52, which authorizes reciprocal agreements with other localities. 389 The investigation provision is moved to the enforcement discussion in 26-58. 390 391 Sec. 26-56. Penalty-forviolations-of-article, Information filed under article to 392 constitute public records; charge for copies thereof. 393 394 License application and all other documents and information required to be filed under 395 this article shall become public records in the office of the commissioner of the revenue 396 and shall be open to the general public for inspection at such time and under such 397 conditions as the commissioner of the revenue may prescribe. A charge, not exceeding 398 one dollar ($1.00) per page, may be made for any copy of such documents and 399 information as may be furnished any person by the commissioner of the revenue. 400 401 :- - .- . - •• - - -" ` - : - - - 403 sentenced, for the first offense, to pay a fine of not Ics., than one hundred dollars 404 :. .. .. -, - • - , - t, .. , • - 406 pay a fine of not Iecf than five hundred dollars ($500.00) and not more than one 407 •-_ -- -- _ ... .. - -• e , . .. .. . .. .., _ 408 both- 409 - 410 COMMENT 411 9 412 This section is former 26-64. The violation language is moved to the enforcement and 413 penalty discussion in 26-58. 414 415 Sec. 26-57. Actions-to-enjoin violations-of-article= Prohibited acts. 416 417 (a) No charitable organization shall use or exploit the fact of licensing under this article 418 so as to lead the public to believe that such license in any manner constitutes an 419 endorsement or approval by the city. The use of the following statement shall not be 420 deemed a prohibited exploitation, "Licensed with the commissioner of the revenue is 421 required by law. Licensure does not imply endorsement of a public solicitation for 422 contributions." 423 424 (b) No person shall, in connection with the solicitation of contributions or the sale of 425 tangible personal property or services represent, or lead anyone by any manner 426 means, practice or device whatsoever to believe, that the person on whose behalf such 427 solicitation or sale is being conducted is a bona fide charitable organization or that the 428 proceeds of such solicitation or sale will be used for charitable purposes, if he has 429 reason to believe such not to be the fact. 430 431 (c) No person shall, in connection with the solicitation of contributions or the sale of 432 tangible personal property or services for charitable purposes, represent or lead anyone 433 by any manner, means, practice or device whatsoever to believe, that any other person 434 sponsors or endorses such solicitation of contributions, sale of tangible personal 435 property or services for charitable purposes or approves of such charitable purposes or 436 a charitable organization connected therewith when such other person has not given 437 written consent to the use of his name for these purposes. 438 439 Any member of the board of directors or trustees of a charitable organization or any 440 other person who has agreed either to serve or to participate in any voluntary capacity 441 in the campaign shall be deemed thereby to have given his consent to the use of his 442 name in said campaign. Nothing contained in this section shall prevent the publication 443 of names of contributors without their written consents, in an annual or other periodic 444 report issued by a charitable organization for the purpose of reporting on its operations 445 and affairs to its membership or for the purpose of reporting contributions to 446 contributors. 447 448 (d) No person shall denominate any membership fee or purchase price of goods or 449 services sold, as a contribution or as a donation or in any other manner represent or 450 imply that the member or the purchaser of such goods or services will be entitled to an 451 income tax deduction for his cost or any portion thereof unless: 452 453 (1) there shall have been first obtained a signed opinion of counsel or an Internal 454 Revenue Service ruling or determination letter holding such cost to be deductible. 455 Or 456 457 (2) the member or purchaser is informed in writing that such cost may not be 458 deductible. 10 459 460 No person shall represent or imply that a contributor will be entitled to an income tax 461 deduction for his contribution unless a signed opinion of counsel or an Internal Revenue 462 Service ruling or determination letter holding gifts to such organization to be so 463 deductible has been obtained. 464 465 f e) No person shall make any representation that he is soliciting contributions for or on 466 behalf of a charitable organization or shall use or display any emblem, device or printed 467 matter belonging to or associated with a charitable organization for the purpose of 468 soliciting or inducing contributions from the public without first being authorized to do so 469 by the charitable organization. 470 471 (f) No professional solicitor shall solicit in the name of or on behalf of any charitable 472 organization unless such solicitor has: 473 474 1. Written authorization of two officers of such organization, a copy of which shall 475 be filed with the commissioner of the revenue. Such written authorization shall 476 bear the signature of the solicitor and shall expressly state on its face the period 477 for which it is valid, which shall not exceed one year from the date issued. 478 479 2. Such authorization with him when making solicitations and exhibits the same 480 on request to persons solicited, or police officers. 481 482 (q) No charitable organization shall accept any contribution exceeding five dollars ($5) 483 in cash or tangible property without providing, on request of the donor, a written receipt 484 acknowledging such contribution on behalf of the organization. 485 486 (h) No person, and no organization of which such person is an officer, professional 487 fund-raising counsel or professional solicitor, shall solicit within this locality if: 488 489 1. Such person has been convicted in any jurisdiction of embezzlement, larceny 490 or other crime involving the obtaining of money or property by false pretenses or 491 the misapplication of funds impressed with a trust, unless such person has 492 received a pardon for such offense or the public is informed of such conviction in 493 a manner approved in writing by the commissioner of the revenue before any 494 solicitation occurs; or 495 496 2. Such person has ever been enjoined by any court or otherwise prohibited from 497 soliciting in any jurisdiction, unless the commissioner of the revenue first 498 determines in writing that such person is entitled to solicit in such jurisdiction at 499 the time of soliciting within the city or that the reason for such injunction or 500 prohibition does not involve moral turpitude. 501 502 (i) No person shall solicit within this locality for the benefit of any other person located 503 without the locality, if such other person refuses to supply any information which the 504 commissioner of the revenue deems necessary to assure himself that the provisions of 505 this chapter are complied with. A solicitation shall be deemed to be on behalf of every 11 506 person who or which receives, directly or indirectly, more than ten percent of the gross 507 amount collected. 508 509 fi) No charitable organization shall allow a professional solicitor to solicit on its behalf if 510 the professional solicitor has not registered with the Commissioner of the Virginia 511 Department of Agriculture and Consumer Services pursuant to § 57-61, Code of 512 Virginia. 513 514 fk) No professional solicitor shall solicit in the city on behalf of a charitable organization 515 if the professional solicitor has not registered with the Commissioner of the Virginia 516 Department of Agriculture and Consumer Services pursuant to § 57-61, Code of 517 Virginia. 518 519 (I) No charitable organization shall solicit in this locality without being duly licensed or 520 exempt under this chapter. 521 522 fm) No person shall employ in any solicitation or collection of contributions for a 523 charitable purpose any device, scheme or artifice to defraud or obtain money or 524 property by any misrepresentation or misleading statement. 525 526 n) No officer, agent, director or trustee of any charitable organization, professional 527 fund-raising counsel or professional solicitor shall refuse or fail, after notice, to produce 528 to the commissioner of the revenue any books and records of such organization. 529 530 (o) No person shall use or permit the use of the funds raised by a charitable solicitation 531 for any purpose other than the solicited purpose or, with respect to funds raised by 532 general appeals, the general purposes of the charitable organization on whose behalf 533 the solicitation was made. 534 535 p) No person shall knowingly and willfully make any false statements in any license 536 application or statement, report or other disclosure required by this article. 537 538 (q) No professional solicitor shall solicit in the city on behalf of a charitable organization 539 unless the charitable organization has submitted the appropriate license application as 540 required by section 26-51 of this article or is qualified for an exemption under section 541 26-50 of this article, and the charitable organization has registered with the 542 Commissioner of the Virginia Department of Agriculture and Consumer Services 543 pursuant to § 57-49, Code of Virginia, or the charitable organization has been granted 544 the appropriate exemption by the Commissioner of the Virginia Department of 545 Agriculture and Consumer Services pursuant to § 57-60, Code of Virginia. 546 547 (r) No person shall represent, in any solicitation, that tickets to events will be donated 548 for use by another unless he complies with the following requirements: 549 550 1. He shall have obtained commitments, in writing, from persons or charitable 551 organizations stating that they will accept donated tickets and specifying the 552 number of persons for whom they are willing to accept tickets. 12 553 554 2. He shall not collect or accept more contributions for donated tickets than the 555 number of ticket commitments he has received from persons or charitable 556 organizations' 557 558 3. He shall have printed in advance on each ticket the exact number of persons 559 to be admitted by the ticket and the dollar price or value of each ticket' 560 561 4. He shall distribute the tickets in a timely fashion to those having given 562 commitments; and 563 564 5. He shall maintain during the solicitation and for a period of three years 565 thereafter: (i) records reflecting the name and address of each contributor and 566 the amount of money and number of tickets donated by each such contributor' 567 and (ii) the written commitments of each person or charitable organization to 568 accept tickets and specifying the number of persons on whose behalf tickets 569 were to be accepted, as required in paragraph 1 of this subsection. 570 571 (s) No person shall knowingly use or permit the use of funds raised by a solicitation or 572 by contribution to benefit or provide support, directly or indirectly, in cash or in kind, to 573 terrorists, terrorist organizations, terrorist activities or to family members of any terrorist. 574 575 Whenever the city attorney shall have r ason to believe that any charitable or civic 576 organization, professional fund raising counsel or profes.,ional Sitar-is-operating-in 578 - •• -- - . . 5 e __ _ - or statement, report or other information 579 required by this article, or that a charitable e e e. • - e _ _ . _ • . . - 580 _ to file a registration statement required by 581 this article, or that there is employed or is about to be employed, in any solicitation or 582 ._ - • . .. .. . . . . . . . . . . . .• .. 584 representation or promise, or that the officers or representatives of any charitable or 585 civic organization, professional fund raising counsel or profesional solicitor have 586 refused or failed, after notice, to produce any records of such organization, or that the 587 . -e -: - _ '-• - - - •_ • • . - •: •• •• • - = -= _ •- 588 . s - e_ e s - - • . - _e - - - - - - 589 _ee s e _ e ._ e• .. •s s s . •s _ -• . s. • _ _ _ . - . 590 civic organization and its officers and such professional fundraising counsel or 591 s s - 'e •. - - . • . s . s - e s s. s _ _ - 592 •s .e_ • - e s •_ - - s•• _e- -- 593 -s -_ 'e • e - -e.s •- . - s _ •: :- - _ . _ _ _ 594 other relief as the court deems appropriate. 595 596 COMMENT 597 13 598 This section is the result of the consolidation of former sections 26-65 through 26-72. All of 599 these sections were prohibitions of various unlawful activities, so assembling into a 600 consolidated list may assist informing the public as to what is prohibited. 601 602 Sec. 26-58. . Enforcement and penalties. 603 604 (a) Any person who willfully and knowingly violates or causes to be violated any 605 provision of this article, or who willfully and knowingly gives false or incorrect 606 information to the commissioner of the revenue in filing license applications or reports 607 required by this article, whether such report or license application is verified or not, shall 608 be guilty of a misdemeanor and, upon conviction thereof, shall be punished for the first 609 offense by a fine of not less than one hundred dollars ($100) and not more than $1,000 610 or by confinement in jail for not more than six months, or both, and for the second and 611 any subsequent offense by a fine of not less than five hundred dollars ($500) and not 612 more than $2,500 or by confinement in tail for not more than one year, or both. 613 614 The following property shall be subiect to lawful seizure by any law-enforcement officer 615 charged with enforcing the provisions of this article: all moneys or other property, real or 616 personal, together with any interest or profits derived from the investment of such 617 money and used in substantial connection with an act of terrorism as defined in § 18.2- 618 46.4 Code of Virginia. All seizures and forfeitures under this section shall be governed 619 lay the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2 Code of 620 Virginia. 621 622 (b) Whenever the commissioner of the revenue has reasonable cause to believe that a 623 violation of this chapter may have occurred, the commissioner of the revenue, upon his 624 own motion or upon complaint of any person, may investigate any charitable 625 organization, professional fund-raising counsel or professional solicitor to determine 626 whether such charitable organization, professional fund-raising counsel or professional 627 solicitor has violated the provisions of this article or has filed any application or other 628 information required under this chapter which contains false or misleading statements. 629 In the conduct of such investigation, the commissioner of the revenue may: 630 631 1. Require or permit any person to file a statement in writing, under oath or 632 otherwise as the commissioner of the revenue determines, as to all facts and 633 circumstances concerning the matter to be investigated. 634 635 2. Administer oaths or affirmations and, upon his motion or upon request of any 636 party, subpoena witnesses, compel their attendance, take evidence, and require 637 the production of any matter which is relevant to the investigation, including the 638 existence, description, nature, custody, condition, and location of any books 639 documents, or other tangibles and the identity and location of persons having 640 knowledge of relevant facts or any other matter reasonably calculated to lead to 641 the discovery of material evidence. 642 643 Any proceedings or hearings by the commissioner of the revenue under this article 644 where witnesses are subpoenaed and their attendance is required for evidence to be 14 645 taken or any matter is to be produced to ascertain material evidence, shall take place 646 within the city. 647 648 Upon failure to obey a subpoena and upon reasonable notice to all persons affected 649 thereby, the commissioner of the revenue may apply to the Circuit Court of the city for 650 an order imposing punishment for contempt of the subpoena or compelling compliance. 651 652 (c) Whenever the City Attorney or the attorney for the Commonwealth has reason to 653 believe that any charitable organization, professional fund-raising counsel or 654 professional solicitor is operating in violation of the provisions of this chapter or is about 655 to operate in violation of the provisions of this chapter, in addition to all other actions 656 authorized by law, the City Attorney, or the attorney for the Commonwealth may bring 657 an action in the name of the city or the Commonwealth against such charitable 658 organization and its officers, professional fund-raising counsel or professional solicitor 659 or their officers, directors or other agents to enjoin the continuation of such violation 660 solicitation or collection, or engaging therein, or the conducting of any acts in 661 furtherance thereof and for such other relief as the court deems appropriate. 662 663 d) In any action brought under subsection (c), the court may also award to the 664 Commonwealth a civil penalty of not more than $5,000 per violation, to be paid to the 665 Literary Fund, reasonable expenses incurred by the state or local agency in 666 investigating and preparing the case, not to exceed $250 per violation, and attorney's 667 fees. Such expenses and attorneys fees shall be paid into the general fund of the city 668 which such attorney represented. 669 670 (a) Every charitable organization, except as otherwise provided herein, which 671 intends to : __ __ _ • • • • -_ e- its behalf, 672 shall, prior to any solicitation, file an initial registration statement with thc city 673 manager upon forms acceptable to him. Each registration statomont shall ther after 674 be refiled on or before the first day of the fourth calendar month of the next and 675 each-tellewing fiscal yqar in which such charitable organization is engaged in 676 solicitation activities within the city. It shall be the duty of the president, chairman or 677 e • . e. e • - _ e e e_ - . e - . _ _ .. _ . _ _ 678 herein. Such statements shall contain the following information: 679 (1) The name of the organization and thc purpose for which it was organized. 680 (2) The principal address of the organization, the address of any offices in the 681 city and its designated agent for prose°., within the commonw alth. If no such 682 agent is designated, the organization shall be deemed to have designated the 683 secretary of the commonw alth. If the organization docs not maintain an office, 684 the statement shall include the name and address of the person having custody 685 of its financial records. 686 (3) The names and addresses of any chapters, branches or affiliates,in the city. 687 (4) The place where and the date when the organization was legally 688 established, the form of the organization, and a reference to any determination 689 of its tax exempt status under the Internal Revenue Code. 15 690 (5) The names and addrer.,c - •- - - , -_ _ , _ -- _ _ •- 691 principal salaried executive staff officer. 692 (6) A copy of a balance sheet and income statement, with the opinion of an 693 694 y ar, or a copy of a financial statement certified by an independent public 695 accountant covering, in a consolidated report, complete information as to all the . . . . . 696 697 698 _ 5- - •- - - _ . _ _ -s; provided, that no charitable organization which 699 has registered with the city manager for the current and next preceding three 700 (3) y ars, or is exempt from registration for such y ars under section 26 51, 701 shall be -• - 702 paragraph shall comply with the accounting standards prescribed in section 26 703 61. 704 (7) A statement showing the computation of the percentages provided for in 705 subsection (b) of this section and section 26 63. 706 (84-A--statement—indicating whether the organization intends to solicit 707 contributions from the-public-directly or have such done on its behalf by others. 708 (0) Astatome • - •- - - a :. •. b • _ - -e , . : -- 709 governmental agency within • - __•• ••:- -- • _ _ contributions-and no whether it, or any officer, professional fund raiser or profes.:ional solicitor 711 thereof, is or has ever been enjoined by any court or otherwise prehibited-from 712 * •-• _ _. _ jurisdiction. 713 (10) The general purl:: - • -- et - • • -- -e- a :- ' 714 shall be used. 715 •- : • - - .. .. 716 (12) The names of the '•:' '_ . . _ e •...- _ - - _ . . _ • _ 717 the final responsibility for the custody of the contributions. 718 .. . ._ •- • • - • - : : _ '- - - :. _ 719 720 (14) A statement indicating whether the organization, or any officer, 721 professional solicitor or profes..ional fund raiser thereof, has ever been 722 senvicted-et a felony and, if so, a description of the pertinent facts. 723 (b) Each charitable organization shall, as a part of its registration statement, 724 compute the percentage which its fund raising expenses for its preceding fiscal y ar 725 bore to its support received directly from the public during such year. 726 (c) Each chapter, branch or affiliate located in the city, except an independent 727 member agency of a federated fund raising organization, shall separately report the 728 information required by this section or report the information to its parent 729 organization, which shall then furnish such information as to itself and all local 730 affiliates, chapters and branches in a consolidated form. All affiliated organizations - 732 charitable organization for all purposes of this article. If a consolidated registration 733 statement is filed, all statements ther after filed shall be upon the same basis 734 unles., permis..ion to change is granted by the city manager. 16 735 (d) Each federated fund raising organization located in the city shall report the 736 information required by this section in a consolidated form. Any federated fund 737 raising organization may elect to exclude from-its- -:• . . . -_ _ 738 - _ -• • . . • - • e _ . : _ _ _ _: 739 agencies. No member agency of a federated fund raising organization shall be 740 required to report separately any information contained in such a consolidated 741 - :: . ; . . .- . _ - . - : -- -- • - - 742 e - : _. _ - - _ _ . . .. . -- • c :. - • - - - 743 other provisions of this chapter. 744 (e) The registration forms shall be verified under oath or affirmation by an 745 . . - • ' . • - - -" . . . 746 (f) Every charitable organization which submits an independent registration to the 749 -e - - -, - • : .•: e e . •' . 'e - •: : - .-• . e its member agencies shall pay 750 a single annual registration fee for itself and such chapters, branches, affiliates or 751 member agencies includedin tho re�..� !ration statement. All fees paid hereunder 752 chall be credited to the office of thc--city manager for reimbursement of 753 administrative expenses. 754 755 COMMENT 756 757 This section is the result of the consolidation of former sections 26-55 through 26-57. All of 758 these sections pertained to the enforcement of this Article. The registration requirement is 759 moved to the beginning of the Article. 760 762 Article does not authorize unlawful acts or omissions or 763 decrease liability imposed by law. 764 765 Nothing contained in this article shall be construed as making lawful any act or omission 766 which is now unlawful, or as decreasing the liability, civil or criminal, of anv person 767 imposed by existing laws. 768 769 Any charitable organization, having no office or place of busine^c within the city and 770 soliciting in the city from without the city solely by telephone or telegraph, direct mail or 771 advertising in local or national media, and any professional fund raising counsel or 772 profes.,ional solicitor engaged by such an organization, shall file with the city manager 773 any report which would otherwise be required of it; provided, such charitable 775 776 COMMENT 777 778 This section is former 26-53. The registration requirement formerly in this section was 779 moved up because registration is an early step in the licensure process. 780 17 781 Sec. 26-60. Publication of __ t_ -unregistered-organizations. Appeals 782 from orders under article. 783 784 Any person aggrieved by any final order of the commissioner of the revenue under this 785 article, denying such person any right to which he is entitled under law, may, within 786 fifteen (15) days from the date of such order, apply for relief to the circuit court of the 787 city. Either party may appeal any final order of such court in the same manner as 788 provided by law in cases other than cases of appeals of right. 789 790 1 - - - •. _ - _ _ •• • - _ - - _ _ - or civic organization, not 791 r.:' _ :: .. _ : . - ..• _ . , . . . _ 792 such organization is subject to the jurisdiction-at-the ^mss soliciting in the city, 793 directly or indirectly, by any m ans, including without limitation, by telephone or 794 telegraph, by direct mail or by advertising in national media, he may, after ten (10) 795 days' written notice to the charitable or civic organization, cause to be printed, in one - - 797 111-4104441194-0111:14 798 ! I ' - ` _ _ _ 799 CHARITABLE SOLICITATION 800 The organization named below has solicited centributiens from ar a residents for 801 802 appropriate exempt status by the city manager of Virginia B ach as required by 803 law: Contributors arc cautioned that their contributions to such organization may 804 be used for noncharitable purposes." 805 Acopyo - _ • •e .. •- -_ ea- e- t t-e a -- . e •• t 806 et-soesamer affairs for the commonw alth- 807 808 COMMENT 809 810 This section is former 26-54. The publication language, to the extent it applies, is 811 addressed in the enforcement and penalties provision of 26-58. 812 813 _ 814 Every charitable organization shall•keep true fiscal records for all fiscal y ars in 815 accordance with the standards set out in section 57 53 of the Code of Virginia. Such 816 records shall be retained for a period of at I act three (3) y ars after the end of the 818 819 COMMENT 820 821 This section has been moved to 26-54. 822 823 . . . . . . . . . . . . 824 refo«:onal n cocitors . . • . . . 825 (a) 18 826 Every contract or agreement between a profe^oional fund raising counsel and a 827 •- . . e - e _ _ : • : - : - '-: . • e :- _ city tc 828 .. . ..:. . . _. t - - - __ .. _ • _ . - _: :. 829 (b) 830 Every-contract ora written statement of the na - - • •- - -e- •• - • = e - • • - 831 . e _. _ . -: . : - -- • . e _ 832 organization shall be filed with the city manager within ten (10) days after such 833 contract is entered into or such arrangement is agreed to. 834 (C) 835 All agreements and arrangements between a professional fund raising counsel and-a 836 charitable or civic . e. • . .e • •• _ -e - --e • - before otos tod a actod 837 upon. Vc.V.V .,..___.. _ _ 838 COMMENT 839 840 This section has been deleted. The disclosure approach by a professional solicitor is the 841 approach currently authorized by the Virginia Code with reference to professional 842 solicitation. 843 844 - 845 (a) 846 No-charitable-organization shall pay or agree to pay to a profes.,ional solicitor er bis 847 agentsservants or employees in the aggregate, including- reimbursement for 848 expenses incurred, a total amount in excess of fifteen (15) percent of the gross 849 amount-sellected-lay-k as a result of his or their solicitation-• - . - - __ _- - - 850 _ - e - - - - e_ - • - - -- _ _ 851 retained by -and their agents, servants and employees in the aggregate a total e • - public in 853 the-yearin-which such services arc performed. 854 034 855 For purposes of this . .e •- __ -- _ -- e 'e •. _ _ _ shall not 856 include the purchase price to the charitable organization of any tangible personal 857 property, services or entertainment, whether supplied in kind or represented by a 858 - • 'e 'e . _ . _ : : - _ e• _ e . • . - 859 activities; but the amount so expended by the organization shall be deducted from the 860 gross amount collected by it, or the organization's support received directly from the 861 e. e e- e - •- .:•• :. : . : . . :- _ - • - -- - 862 subsection, if the profos.,ional solicitor and the charitable organization have no 863 _e --.. -. . - - - _ : e• . _ .. - - •_ 864 fair market value of such property, services or entertainment supplied. 865 866 COMMENT 867 868 This section has been deleted. The disclosure approach by a professional solicitor is the 869 approach currently authorized by the Virginia Code with reference to professional 870 solicitation. 871 19 872 . .. . . . . . . . • 874 _ .. _ . _ _ •: _ __ _ . _ 875 : : - : :_. •• •• -• _ _ _ _ . _ _ _ 876 filed under this article shall become public records in the office of the city manager, 878 conditions as the city manager may prescribe. A charge, not exceeding one dollar 879 :. a .. .. - . _ :: .. •• _ • -_ - - - 880 may be furnished any person by the city manager. 881 882 COMMENT 883 884 This section has been moved to Section 26-56. 885 886 887 '. , . .. . . - • 888 aN rle 889 It shall be unlawful for any person to wilfully and knowingly give any false, 890 incorrect or misle_:'-: - 891 _ . _ - " ::• : _ .. _. . -- 892 893 COMMENT 894 • 895 The prohibition provisions have been consolidated as Section 26-57. 896 897 _ 898 No charitable organization shall accept any contribution exceeding five dollars 899 ($5.00) in cash or tangible property, without providing, on request of thc donor, a 900 written receipt acknowledging such contribution and personally signed by the person 901 __- : : _: :_ :• 902 903 COMMENT 904 905 The prohibition provisions have been consolidated as Section 26-57. 906 907 _ 908 (a) No person shall make any representation that he is soliciting contributions for or 909 on behalf of a charitable organization or shall use or display any emblem, device or 910 printed matter belonging to or as.,ociated with a charitable organization, for the 912 authorized to do so by the charitable organization. 913 (b) No profes.,ional solicitor shall solicit in the name of or on behalf of any charitable 914 organization, unless such solicitor has written authorization of two (2) officers of 915 such organization, a copy of which shall be filed with the city manager. Such written 916 authorization shall b the signature of the solicitor, and shall expressly state on its 917 face thc period for which it is valid, which shall not-exceed one y or from the dab 20 919 solicitations and shall be exhibited, on request, to-persons solicited, police officers 920 or agents of the city manager. 921 922 COMMENT 923 924 The prohibition provisions have been consolidated as Section 26-57. 925 926 927 • s _ __ - . . - _ .- person is an officer, profes..ional 928 fundraising counsel or profes,.ional solicitor, shall solicit within the city, if: 929 (1) Such person has been convicted, in any jurisdiction, of embezzlement, larceny 930 or other crime involving tho obtaining of money-er property by false pretenses or 931 the misapplication of funds impressed with a trust, unless such person has 932 received a pardon for such offense or the public is informed of such conviction ill 933 934 935 936 soliciting in any jurisdiction, unless the city - • . . . ' - •• • - 937 writing that such person is entitled to solicit in such jurisdiction at the time of 938 _ . . _ _ • - . . _ . . _ _ _ 939 not involve moral turpitude. 940 941 COMMENT 942 943 The prohibition provisions have been consolidated as Section 26-57. 944 945 _ _ _ _ _ _ • _ • -Sld2ftE 946 t. city m T• 947 No person shall solicit within the city for the-:- • - • . _ _ • - . . • . .. . 948 without the city, if such other person refuses to supply any information with the city 949 manager deems nese^nary to arcure himself that the provisions of this article arc 950 complied with. A solicitation shall be deemed to be on behalf of every person who 951 receives, directly or indirectly, more than ten (10) percent of the gros., amount 952 selectee^a 953 954 COMMENT 955 956 The prohibition provisions have been consolidated as Section 26-57. 957 958 : 959 (a) No charitable organization shall use or exploit the fact of registration under this 961 constitutes an endorsement or approval by the city. The use of the following 962 statement shall not be doomod a prohibited exploitation: "Registered with the city 963 manager as required by law. Registration does not imply endorsement of a public 964 solicitation for contributions." 21 965 (b) No person shall, in connection with the solicitation of contributions or sale of 966 tangible personal property or services, represent or-I ad anyone, by any manner, 967 •• __ _: _ _ _ , . . _ _ - 968 - .• : . _ ': - . . - .=• . _. • : . . - :er a-fide-c�leritaklle-or9aaizatiea-er 969 •. •- - - - • • - - _ • . - : used for charitable purposes, if 970 he has r ason to bclicvc such not to be the fact. 971 972 973 COMMENT 974 975 The prohibition provisions have been consolidated as Section 26-57. 976 977 978 (3) , : ._ ': • : _: :. : _ 979 - . - - or cervices for charitablo purposes, represent or lqad 980 anyone, by any manner, m ans, practice or device whatsoever, to bclicvc that any 981 other person sponsors or endorses such solicitation of contributions, sale of tangible 982 percona4 e e e_ • : _ _ _ _ _ _ __ _ _ _ _ _ . . . . 983 .. .. - - _ . ' _ _ - _ __ .e • • -• _ • h, when such other person 984 has-not-given •- • - • - - • for those purposes. 985 (b)-Any member of the board of directors or trustees of a-charitable organization, or 986 any other person who has agreed to either serve or to participate-in any voluntary 987 capacity-'• . -_ -- :_': , • - - •• - - -.by-tohavegivenhisconsenttothe 988 use of his name in such-campaign. 989 (c1--Net{ting contained in this section shall prevent the publication of names of 991 issued by a charitable organization for the purpose of reporting on its operations 992 and affairs-to its membership or for the purpose-of-reporting contributions to 993 60ntribu4orS 994 995 COMMENT 996 997 The prohibition provisions have been consolidated as Section 26-57. 998 999 1000 1001 cervices cold as a contribution or as a donation or in any other manner represent or 1002 imply that the member or the purchaser of ouch goods or services wi be ont -to-an 1003 •e - - mm . e • .. e . • - - cof, unless: 1004 (1) there shall have been first obtained a signed opinion of counsel or an internal 1005 revenue service ruling or determination letter holding such cost to be deductible; 1006 er 1007 . . .. •.. :_ . . 1008 deductible; nor shall any charitable organization, other than an organization 1009 exempt under section 26 51(a)(3), present or imply that a contributor thereto will 1010 be entitled to an income tax deduction for his ^ontribution, unless there shall 1011 have been first obtained a signed opinion of counsel or an internal revenue 22 1012 1013 deductible. 1014 1015 COMMENT 1016 1017 The prohibition provisions have been consolidated as Section 26-57. 1018 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner • the Revenue City Attorney's Office CA— 13887 R-1 January 24, 2017 23 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 26-36 of the City Code Pertaining to Term of Solicitor Permits MEETING DATE: February 7, 2017 • Background: The Police Department is responsible for certain permits that have a public safety basis, including commercial solicitation and taxicabs. The City Council approved a reorganization of the City Code Article regarding commercial solicitation on December 13, 2016. After that approval, the Commissioner of the Revenue requested a clarification to the duration of the solicitor permits to allow these permits to synch with the business licenses issued by the Commissioner of the Revenue. Seeing the value added from aligning the two processes, the Police Department requests that the solicitor permit provisions be changed to make all permits expire on December 31st. • Considerations: As described in the request to undertake the reorganization in December 2016, the Police Department seeks to ease the processing of permit applications and avoid any confusion for persons requiring such permits. This item has that same goal. The principal concern is to avoid the confusion that would occur if the solicitor permit required by Police failed to track with the business license administered by the Commissioner of the Revenue. To that end, the attached ordinance provides solicitor permits would expire on December 31st of the year issued. It is the belief of the Police Department that this change will not create a material hardship for commercial solicitors because the vast majority (roughly 83%) of solicitor permits are issued in the first six months of any given year to utilize the longer days in the late Spring, Summer, and early Fall. • Public Information: This item will be advertised as part of the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinances Recommended Action: Approval Submitting De. • ent/Agency: Police Department Dt - Com) City Manager. 1 AN ORDINANCE TO AMEND SECTION 26-36 2 OF THE CITY CODE PERTAINING TO THE 3 TERM OF SOLICITOR PERMITS 4 5 Section Amended: § 26-36 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 26-36 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Chapter 26 - PEDDLERS AND SOLICITORS 14 15 16 17 ARTICLE II. - COMMERCIAL SOLICITATIONS 18 19 20 21 Sec. 26-36. Maximum term. 22 23 No permit required by this division shall be issued for a longer period than twelve 24 (12) months. All permits expire on December 31st of the year in which they are issued. 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: i Police IIepartm"r C' v A orney's Office CA13913 R-1 January 23, 2017 ' 4}i; l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance: (1) Approving the Sale of School Board Property known as the Adult Learning Center and Allowing the School Board to Retain the Sale Proceeds; (2) Authorizing the Acquisition of the Adult Learning Center located at 4160 Virginia Beach Boulevard (GPIN: 1477-95-9577) from the School Board; and (3) Authorizing the Use of $3,500,000 from Various Site Acquisitions II, CIP 3-139 for the Purchase. MEETING DATE: February 7, 2017 • Background: The School Board of the City of Virginia Beach (the "School Board") owns approximately 2.45 acres of real property and the improvements thereon known as the Adult Learning Center, located at 4160 Virginia Beach Boulevard (GPIN 1477-95-9577) (the "Property"). Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body, and after the school board has held a public hearing on such sale and retention of proceeds. The School Board held a public hearing and declared the Property as surplus on December 6, 2016, and agreed to sell the Property to the City for $3,500,000 by Resolution adopted December 20, 2016. The City of Virginia Beach (the "City") has identified a need for the Property as the Emergency Medical Services Headquarters and Training Center. Based on an appraisal and the cost of renovation, repair and outfitting expenses for the City's use, the School Board and the City have agreed on a purchase price of $3,500,000, subject to Council's approval. • Considerations: City staff recommends that the purchase price of $3,500,000 be funded from CIP 3-139 (Various Site Acquisitions II). If approved, the current Emergency Medical Services Administration and Training Facility would be consolidated with Emergency Communications and Citizen Services for the 911/311 Operations Call Center and Training Facility, and both would be relocated to this Property. • Public Information: The School Board advertised and held a public hearing on December 6, 2016 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom. The actions to be taken by City Council will be handled through the normal agenda process. • Recommendations: Approve the purchase of the Property subject to the terms and conditions of the Summary of Terms. • Attachments: Ordinance, Summary of Terms, Location Map and School Board Resolution Recommended Action: Adoption of Ordinance Submitting Dep en�ncy: Public Works / Real Estate L--\ PAO City Manager: AN ORDINANCE: (1) APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY KNOWN AS THE 3 ADULT LEARNING CENTER AND ALLOWING THE 4 SCHOOL BOARD TO RETAIN THE SALE 5 PROCEEDS; (2) AUTHORIZING THE ACQUISITION 6 OF THE ADULT LEARNING CENTER LOCATED AT 7 4160 VIRGINIA BEACH BOULEVARD (GPIN: 1477- 8 95-9577) FROM THE SCHOOL BOARD; AND (3) 9 AUTHORIZING THE USE OF $3,500,000 FROM 10 VARIOUS SITE ACQUISITIONS II, CIP 3-139 FOR 11 THE PURCHASE 12 13 WHEREAS, The School Board of the City of Virginia Beach, (the "School Board") 14 owns approximately 2.45 acres of real property and the improvements thereon known 15 as the Adult Learning Center, located at 4160 Virginia Beach Boulevard (GPIN 1477-95- 16 9577) (the "Property"); 17 18 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property 19 for which the school board has no future use, and to retain the proceeds of such sale 20 upon approval of the local governing body and after the school board has held a public 21 hearing on such sale and retention of proceeds; 22 23 WHEREAS, the School Board held a public hearing on December 6, 2016 to take 24 public comment on the proposed sale of the Property to the City and retention of the 25 proceeds therefrom; 26 27 WHEREAS, the School Board adopted a Resolution on December 20, 2016 28 finding no further use for the Property, determining that the Property may be sold, 29 agreeing to sell the Property to the City, and intending to retain the proceeds of the sale; 30 31 WHEREAS, the City of Virginia Beach (the "City") has identified a need for the 32 Property and has proposed to purchase the Property from the School Board for the 33 City's use as an Emergency Medical Services Headquarters and Training Center; 34 35 WHEREAS, the School Board has agreed to convey the Property to the City for 36 $3,500,000, subject to Council approval and in accordance with the Summary of Terms 37 attached hereto as Exhibit A and incorporated herein; and 38 39 WHEREAS, $3,500,000 of the funding for this acquisition and any associated 40 expenses are available in CIP 3-139, Various Site Acquisitions II. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 46 1. That the sale of the Property from the School Board to the City is hereby 47 approved, and the School Board may retain all of the proceeds of the sale; 48 49 2. That the City Council authorizes the purchase of the Property and directs 50 that the purchase price of $3,500,000 be funded from CIP 3-139, Various Site 51 Acquisitions II, for the purchase of the Property; and 52 53 3. That the City Manager or his designee is further authorized to execute all 54 documents that may be necessary or appropriate in connection with the acquisition of ss the Property, so long as such documents are in accordance with the Summary of Terms 56 attached hereto as Exhibit A and made a part hereof and containing such other terms 57 and conditions deemed necessary and sufficient by the City Manager and in a form s8 deemed satisfactory by the City Attorney; 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 61 , 2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: (17 Public Works / Real Estate II ) Public Works / Faci i tatarl'agement APPROVED AS TO AVAILABILITY APPROVED AS TO LEGAL OF FUNDS: SUFFICIENCY: Budget and Management Servic s City Attorney CA13844 R-1 January 19, 2017 EXHIBIT A SUMMARY OF TERMS OWNER: School Board of the City of Virginia Beach BUYER: City of Virginia Beach PROPERTY: Approximately 2.45 + acres/105,069 sq. ft. located at 4160 Virginia Beach Boulevard GPIN: 1477-95-9577 CONSIDERATION: $3,500,000 SOURCE OF FUNDS: Various Site Acquisitions II (CIP 3-139) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • City shall bear the costs of preparation of closing documents and recording fees. . . . . . . . . »%« z : _ , /IL! • \ { . }}\\ ~ \ 1Dfl 0 § f C :4 . ? 2 ` . / . ! 0. } t% .. #Z |' w ■ 1'7 \� ~ ` fQ \V . i f 7 , # — » !\. \ « •,.. f • � J r -06 1111, # \ \• !\ / ƒ ! • ƒ y ! k « . : a \ ! �§ - /%- jk }, |» § . !/ /' �) C k H ~ _z\) 2 Q[ tf UJ_i I\ a«Nq \>; 2jƒ f} 2®° g• ! ) |; School Board of the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS Daniel D.Edwards,District 2-Kempsville,Chair CHARTING THE COURSE Beverly M.Anderson,At-large,Vice Chair Sharon R.Felton,District 6-Beach School Administration Building#6,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Joel A McDonald,District 3 Rose Hall P 0.Box 6038 Virginia Beach,VA 23456 Ashley K.McLeod,At large (757)263.1000 Kimberly A Melnyk,District 7-Princess Anne Carolyn T Rye,District 5-lynnhaven MISSION STATEMENT Elizabeth E.Taylor,At-large The Virginia Beach City Public Schools,in partnership with the entire community,will Leonard C.Tengco.District 1-Centerville empower every student to become a life-long learner who is a responsible,productive Carolyn D Weems,District 4-Bayside and engaged citizen within the global community Aaron C.Spence,Ed.D.,Superintendent RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY LOCATED AT 4160 VIRGINIA BEACH BOULEVARD WHEREAS,the City of Virginia Beach I"City")has identified the need to purchase certain School Board real property located at 4160 Virginia Beach Boulevard and identified as parcel GPIN 1477-95-9577("School Board Property"),for the City's EMS Headquarters and Training Center(the"Project"): WHEREAS,the City's acquisition of the School Board Property will enable the City to enhance the EMS Headquarters and Training Center office requirements and provide needed services in the Pembroke area,increase property values,and provide an overall benefit to the citizens of Virginia Beach; WHEREAS,the School Board has previously considered declaring this School Berard Property as surplus and has identified available space in another School Board building for the educational program currently located at this location; WHEREAS, Virginia Code*22.I-129 allows the School Board to sell real property that it determines it has no future use for and the School Board has held a public hearing on December 6,2016 to take public comment on the proposed sale of property to the City and retention of the proceeds therefrom;and WHEREAS,due to the determination that the School Board Property is no longer needed to for educational purposes,and the expected benefits that will be derived from this Project for the citizens of Virginia Beach.the School Board is of the opinion that sale of the School Board property to the City would he a benefit to all parties. NOW'THEREFORE BE IT RESOLVED that: 1. In accordance with Virginia Code *22.I-129,the School Board finds that it does not have further use for the School Board Property located at 4160 Virginia Beach Boulevard,GPIN 1477-95-9577 and determines that it should he declared surplus and may be sold. 2, Total amount of compensation to be paid to School Board by City for this acquisition is S3,500,i0000o, 3. Additionally,the School Board authorizes the Chairman or his designee to execute any and all documents desired and necessary to complete the above-referenced transaction. led by if • '• or day of ember 2016 aniel D. Edwards.Chairman M ` Dianne P,Alexander Clerk of School Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I PO Box 603,8 I Virginia Beach.Virginia 234560038 www vbschools corn [ ,sec., , ..2.:CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 217 Middle Lane (GPIN 2407-95- 9268) to be in excess of the City's needs and authorizing the City Manager to sell same to James Norris. MEETING DATE: February 7, 2017 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 217 Middle Lane (the "Property") on June 3, 2014 for $212,900. At the time of acquisition, the Property was improved with a duplex (2 dwelling units) that has been slated for demolition. James Norris owns the adjacent property at 1536 Ohio Avenue, which is developed with his residence. Mr. Norris proposes to purchase the Property (8,400 sq. ft.) for $8,400 ($1/sq. ft.) and resubdivide the two properties into one residential lot. • Considerations: The Property will be sold with a deed restriction that prevents any dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. Mr. Norris' offer of $1/sq. ft. is in compliance with previous excess City properties sold in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of$630. • Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the Ordinance. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of$8,400.00 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%)will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Disclosure Statement, Location Map, Ordinance, and Summary of Terms Recommended Action: Approval of the ordinance Submitting De! . me r • •.ency: Public Works nj,, ph.° City Manager:. 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 217 MIDDLE LANE 3 (GPIN 2407-95-9268) TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL THE 6 PROPERTY TO JAMES NORRIS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 9 8,400 sq. ft. parcel of land located at 217 Middle Lane (the "Property") more 10 particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 Acquisition 13 Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a partnership 16 with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing 17 fifty percent (50%) of the funds; 18 19 WHEREAS, the Property is in the midst of other residences and at the time of 20 acquisition was improved with a developed duplex; 21 22 WHEREAS, James Norris ("Norris") owns the adjacent property and he has 23 requested to purchase the Property in order to utilize it in a manner compatible with the 24 APZ-1 Ordinance; 25 26 WHEREAS, Norris desires to purchase the Property in accordance with the 27 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 28 29 WHEREAS, the APZ-1 Disposition Committee has recommended that City 30 Council declare the Property to be in excess of the City's needs and sell the Property to 31 James Norris; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of the 34 needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the Property located at 217 Middle Lane is hereby declared to be in 40 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 41 authorized to execute any documents necessary to convey the Property to James 42 Norris in accordance with the Summary of Terms and such other terms, conditions or 43 modifications as may be acceptable to the City Manager and in a form deemed 44 satisfactory by the City Attorney. 45 46 Further, that revenue from the sale of the Property in the amount of $8,400.00 47 will be received and fifty percent (50%) of the amount will be deposited for appropriation 48 in future Capital Improvement Program capital budgets in #9-059, Oceana and 49 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be so deposited for future payment by the City Manager to refund the Commonwealth's 51 portion in accordance with the grant agreement. 52 53 This ordinance shall be effective from the date of its adoption. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 day of , 2017. CA13858 R-1 12/27/16 \\vbyov.com\dfs t\applications\citylawprod\cycom32\wpdocs\d020\p022\00339451.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public Works 1-- Budget & Management Servic-s APPROVED AS TO LEGAL SUFFICIENCY City Arne 's Office EXHIBIT "A" GPIN: 2407-95-9268 (217 Middle Lanel All that certain lot, piece or parcel of land, lying, situate and being in Lynnhaven Borough, in the City of Virginia Beach, Virginia, and known, numbered and designated as the southern 140 feet of Lot Ten (10), Block Ten (10), as shown on that certain plat entitled, "Plat of Oceana Gardens", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at page 51. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed from John E. Moorefield, Jr. and Denise Cronin Moorefield f/k/a Denise I. Cronin, husband and wife, dated May 6, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140603000490650. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 217 MIDDLE LANE Seller: City of Virginia Beach Buyer: James Norris Property: 8,400 square feet of property generally known as 217 Middle Lane GPIN: 2407-95-9268 Legal Description: See Exhibit "A" to Ordinance Sale Price: $8,400.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the Property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property and the Buyer's adjacent property at the Seller's expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before December 31, 2018. 11/4B Virginia Beach APPLICANT'S NAME j&2!--s r.4 ur s 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 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 5 2O/! C� ! El No f L1Nt.O. ..,v ... El .0 .1c.J N. .LN1.11 - Virginia Beach FR 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: JAa1H—` PJ3i'QiS If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if properly owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 v3 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ © Accounting and/or preparer of your tax return ❑ ny Architect / Landscape Architect / Land Planner -I Contract Purchaser (if other than I- l the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ © Construction Contractors ❑ R Engineers / Surveyors/Agents Financing (include current Cart"( 11F,y 7/q ❑ mortgage holders and lenders ii selected or being considered to Nor -961 provide financing for acquisition r/ or construction of the property) LC ❑ 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 ❑ EJ 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 NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this AJ ica'� � JA,is rdRTSAPANTS SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 --- U > Ill CI u9 a Ni NNA13SO1I J 0 .,i „...,,, W m a d 0o Lf m W O r dQN O Z W N cJ - • ® - Q ' • LO � oZ N `> < O) u2 J LA an _d i Z � F- WOE n~13 � o O W Z QO70 rfN ® 1- 00041. Li� Q — Nr` oZ • CL L1J • NeJ. a F. QN0 a LI N131OQIW N N O 111 I 0 a X j A w ca Q It 5c CNI W Q Q O ° O Z ti — 2 N CI_ U_ � �' N ,° -- to N (...9 in Q N 2 TS � m m fn O Lo „.DNECK RDS 'It ocENnevD mm>, mm CD a CL Q N El 0- Al r .— :0.20 O wn wayZN "0 w s jI N11S3M c U U Q F— = a En a)J U_Q 11 Z .c T- a_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 1515 and 1509/1513 Indiana Ave. (GPINs: 2417-04-3833 and 2417-04-4803); 121/123 and 117/119 N. Oceana Blvd. (GPINs: 2417-04-4774 and 2417-04-4621); 116 N. Oceana Blvd. with adjacent vacant lot and 1464/1466 Southern Blvd. (GPINs: 2417-04-6673, 2417- 04-6588 and 2417-04-8602); 229 and 233 Roselynn Ln. (GPINs: 2417-05-2316 and 2417-05-2412); 1521, 1525, and 1529 New York Ave. (GPINs: 2417-04- 2503, 2417-04-1533 and 2417-04-0573); 117/121 and 125/127 Matt Ln. (GPINs: 2407-74-3545 and 2407-74-3624) to be in excess of the City's needs and authorizing the City Manager to sell same to Ocean Bay Homes, Inc. MEETING DATE: February 7, 2017 ■ Background: The City acquired 1515 Indiana Avenue, 1509/1513 Indiana Avenue, 121/123 N. Oceana Boulevard, 117/119 N. Oceana Boulevard, 116 N. Oceana Boulevard with adjacent lot, 1464/1466 Southern Boulevard, 229 Roselynn Lane, 233 Roselynn Lane, 1521 New York Avenue, 1525 New York Avenue, 1529 New York Avenue, 117/121 Matt Lane, and 125/127 Matt Lane (the 'Properties") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with single-family homes and/or duplexes. The improvements on the Properties have been demolished or are slated for demolition. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep these Properties improved with residential uses, as they are in the interior of stable residential neighborhoods (Oceana Gardens and West Oceana Gardens). The Properties were assembled into 6 potential building sites. The limited replacement of some residential use will preserve the integrity and stability of the residential neighborhoods. At the same time, density is being reduced from 26 potential and 20 actual dwelling units to only 6 single-family homes permitted for development on the proposed building sites. Fourteen dwelling units will be permanently removed from APZ-1. A Request for Proposal (the "RFP") for the building sites was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Ocean Bay Homes, Inc. was selected to purchase and develop the 6 sites. ■ Considerations: Ocean Bay Homes, Inc. is interested in purchasing the Properties for the development of 6 single-family homes. The proposed purchase price for the 6 building sites is $555,800. If the City retains these Properties, the City must pay to maintain the lots, an estimated annual cost of$630 per lot. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. • Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $555,800 will be received and fifty percent (50%) of the amount will be will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Location Maps, Disclosure Statement, Ordinance and Summary of Terms Recommended Action: Approval of the Ordinance Submitting De .aency: Public Works/Real Estate CityManager: bt�a_ 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1515 AND 1509/1513 INDIANA AVE. 3 (GPINS: 2417-04-3833 AND 2417-04-4803); 121/123 4 AND 117/119 N. OCEANA BLVD. (GPINS: 2417-04- 5 4774 AND 2417-04-4621); 116 N. OCEANA BLVD. 6 WITH ADJACENT VACANT LOT AND 1464/1466 7 SOUTHERN BLVD. (GPINS: 2417-04-6673, 2417-04- 8 6588 AND 2417-04-8602); 229 AND 233 ROSELYNN 9 LN. (GPINS: 2417-05-2316 AND 2417-05-2412); 10 1521, 1525, AND 1529 NEW YORK AVE. (GPINS: 11 2417-04-2503, 2417-04-1533 AND 2417-04-0573); 12 117/121 AND 125/127 MATT LN. (GPINs: 2407-74- 13 3545 and 2407-74-3624) TO BE IN EXCESS OF THE 14 CITY'S NEEDS AND AUTHORIZING THE CITY 15 MANAGER TO SELL SAME TO OCEAN BAY 16 HOMES, INC. 17 18 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 19 certain parcels of land located at 1515 Indiana Avenue, 1509/1513 Indiana Avenue, 20 121/123 N. Oceana Boulevard, 117/119 N. Oceana Boulevard, 116 N. Oceana 21 Boulevard with adjacent lot, 1464/1466 Southern Boulevard, 229 Roselynn Lane, 233 22 Roselynn Lane, 1521 New York Avenue, 1525 New York Avenue, 1529 New York 23 Avenue, 117/121 Matt Lane, and 125/127 Matt Lane (collectively, the "Properties"), 24 more particularly described on Exhibit "A" attached hereto and made a part hereof; 25 26 WHEREAS, the City acquired the Properties pursuant to the APZ-1 27 Acquisition Program; 28 29 WHEREAS, the City funded the acquisition of the Properties through a 30 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 31 contributing fifty percent (50%) of the funds; 32 33 WHEREAS, the Properties are in the midst of other residences and at the 34 time of acquisition were improved with residential duplexes and/or single-family 35 dwellings, which have since been or will be demolished; 36 37 WHEREAS, City Council has elected to allow the reconstruction of six (6) 38 single-family homes on the Properties in order to maintain the integrity of the 39 neighborhoods; 40 41 WHEREAS, a Request for Proposal ("REP") was advertised for the 42 potential sale of the Properties; 43 44 WHEREAS, Ocean Bay Homes, Inc. was one of the respondents to the 45 RFP ("Ocean Bay"); 46 47 WHEREAS, the APZ-1 Disposition Committee has recommended that the 48 City Council declare the Properties to be in excess of the City's needs and sell the 49 Properties to Ocean Bay; 50 51 WHEREAS, Ocean Bay will build six (6) new single-family homes on the 52 Properties to prescribed standards acceptable to the City, including elevated noise 53 attenuation and design criteria, and Ocean Bay will thereafter convey the homes 54 constructed on the improved Properties to owner-occupants; 55 56 WHEREAS, Ocean Bay will purchase the Properties in accordance with 57 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 58 59 WHEREAS, the City Council is of the opinion that the Properties are in 60 excess of the needs of the City of Virginia Beach. 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 63 OF VIRGINIA BEACH, VIRGINIA: 64 65 That the Properties located at 1515 Indiana Avenue, 1509/1513 Indiana 66 Avenue, 121/123 N. Oceana Boulevard, 117/119 N. Oceana Boulevard, 116 N. Oceana 67 Boulevard with adjacent lot, 1464/1466 Southern Boulevard, 229 Roselynn Lane, 233 68 Roselynn Lane, 1521 New York Avenue, 1525 New York Avenue, 1529 New York 69 Avenue, 117/121 Matt Lane, and 125/127 Matt Lane are hereby declared to be in 70 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 71 authorized to execute any documents necessary to convey the Properties to Ocean Bay 72 Homes, Inc. in accordance with the Summary of Terms attached hereto as Exhibit "B" 73 and such other terms, conditions or modifications as may be acceptable to the City 74 Manager and in a form deemed satisfactory by the City Attorney. 75 76 Further, that the revenue from the sale of the Properties in the total 77 amount of $555,800 shall be received and fifty percent (50%) of this amount shall be 78 deposited for appropriation in future Capital Improvement Program capital budgets in 79 Capital Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and 80 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 81 Manager to refund the Commonwealth of Virginia's portion in accordance with the grant 82 agreement. 83 84 This Ordinance shall be effective from the date of its adoption. 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on the 87 day of , 2017. CA13852 R-1; ED TO= APPROVED AS TO CONTEI�d f 3/ Public Wo s Budget & Management Service APPROVEDL SUFFICIENCY or City Attorney's Office EXHIBIT A LEGAL DESCRIPTIONS Single-Family Dwelling Building Site 1: All of 1515 Indiana Avenue, northern part of 1509/1513 Indiana Avenue, and northern part of 121/123 N. Oceana Boulevard These lot areas are more particularly shown on the attached map titled "LOCATION MAP 1515 INDIANA AVENUE (GPIN 2417-04-3833) PORTION OF 1509/1513 INDIANA AVENUE (GPIN 2417-04-4803) PORTION OF 121/123 N. OCEANA BLVD. (GPIN 2417-04-4774)". • GPIN: 2417-04-3833 (1515 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 6, and the eastern one-half of Lot 5, Block A, on the plat entitled. "Oceana Terrace', which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Oceana Duplexes, LLC, a Virginia limited liability company by deed dated September 4, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140908000846160. • Northern portion of GPIN: 2417-04-4803 (1509/1513 Indiana Avenue) The Northern portion of that certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT B GPIN: 2417-04-4803," and further being described as "GPIN: 2417-04-4803 10,054 SQ. FT. 0.231 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-4803) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated November 8, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474220. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Shepherd Enterprises, LLC, a Virginia limited liability company by deed dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. • Northern portion of GPIN: 2417-04-4774 (121/123 N. Oceana Boulevard) The Northern portion of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot "C", on that certain plat entitled "SUBDIVISION OF PROPERTY OF MONNIE M. SNAPP ESTATE", dated April 17, 1981 and made by Gallop Surveyors and Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 147 at page 39. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Emma H. Rosa Sicard a/k/a Emma H. Rosa- Sicard by deed dated December 19, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20141219001191710. Single-Family Dwelling Building Site 2: Southern part of 1509/1513 Indiana Avenue, Southern part of 121/123N. Oceana Boulevard, and all of 117/119 N. Oceana Boulevard These lot areas are more particularly shown on the attached map titled "LOCATION MAP 1515 INDIANA AVENUE (GPIN 2417-04-3833) PORTION OF 1509/1513 INDIANA AVENUE (GPIN 2417-04-4803) PORTION OF 121/123 N. OCEANA BLVD. (GPIN 2417-04-4774)". • Southern portion of GPIN: 2417-04-4803 (1509/1513 Indiana Avenue) The Southern portion of that certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT B GPIN: 2417-04-4803," and further being described as "GPIN: 2417-04-4803 10,054 SQ. FT. 0.231 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-4803) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated November 8, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474220. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Shepherd Enterprises, LLC, a Virginia limited liability company by deed dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. • Southern portion of GPIN: 2417-04-4774 (121/123 N. Oceana Boulevard) The Southern portion of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot "C", on that certain plat entitled "SUBDIVISION OF PROPERTY OF MONNIE M. SNAPP ESTATE", dated April 17, 1981 and made by Gallop Surveyors and Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 147 at page 39. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Emma H. Rosa Sicard a/k/a Emma H. Rosa- Sicard by deed dated December 19, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20141219001191710. • GPIN: 2417-04-4621 (117/119 N. Oceana Boulevard) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT A GPIN: 2417-04-4621," and further being described as "GPIN: 2417-04-4621 12,757 SQ. FT. 0.293 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-4621) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated November 8, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474210. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Shepherd Enterprises, LLC, a Virginia limited liability company by deed dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. Single-Family Dwelling Building Site 3: 116 N. Oceana Boulevard and adjacent strip of land and 1464/1466 Southern Boulevard (GPINs: 2417-04-6673, 2417-04-6588 and 2417-04-86021 • GPINs: 2417-04-6673 and 2417-04-6588 (116 N. Oceana Boulevard + adjacent strip of land) ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY OF RAYMOND REEVES AND MISTI REEVES INST. NO. 20060523000772890 D.B. 278, P. 564 M.B. 26, PG. 35 GPIN: 2417-04-6673 8,990 SQ. FT./0.206 ACRES" and "PROPERTY OF RAYMOND REEVES AND MISTI REEVES INST. NO. 20060523000772890 D.B. 335, P. 173 (PLAT) GPIN: 2417-04-6588 3,000 SQ. FT./0.069 ACRES," and further designated and described as "GPIN: 2417-04-6588 3,000 SQ. FT. 0.069 ACRES" and "GPIN: 2417-04-6673 8,990 SQ. FT. 0.206 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM RAYMOND REEVES AND MISTI REEVES BY CITY OF VIRGINIA BEACH FOR OCEANA & INTERFACILITY TRAFFIC AREA CONFORMITY & ACQUISITION PROGRAM CIP 9-060.001," Scale: 1" = 20', dated May 14, 2014, prepared by Rouse-Sirine Associates, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140619000547780. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Raymond Reeves and Misti Reeves, husband and wife, by deed dated June 18, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140624000563990. • GPIN: 2417-04-8602 (1464/1466 Southern Boulevard) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot D-4A, as shown on that certain resubdivision plat entitled, "Subdivision of Property Lot D-4 (erroneously referred to as Lot D- 4A in Deed Book 2494, at page 1842) (MB 152/45), Oceana Gardens Lynnhaven Borough Virginia Beach, Virginia," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 161, at page 26. LESS AND EXCEPT the strip of land, approximately 15' x 229', along the southeastern side of the property to a terminus in the Southern Boulevard, as shown in Map Book 161, at page 26, and further shown on the attached map titled "MAP BOOK 161, AT PAGE 26", which is to be separated from the remainder of the parcel in the resubdivision process described herein. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Jones Family Limited Partnership, a Nebraska limited partnership (erroneously referred to in the prior Deed as a Virginia limited partnership) by deed dated January 21, 2013, and recorded in the aforesaid Clerk's Office as Instrument Number 20130201000129420. Single-Family Dwelling Building Site 4: 229 and 233 Roselynn Lane (GPINs: 2417-05-2316 and 2417-05-24121 • GPIN: 2417-05-2316 (229 Roselynn Lane) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, and known numbered and designated as Lot Twenty-Five (25) on the plat of Hillcrest, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 8. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Joellen Wright by deed of gift dated April 13, 2015 and recorded in the aforesaid Clerk's Office as Instrument Number 20150424000365210. • GPIN: 2417-05-2412 (233 Roselynn Lane) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in Oceana Gardens, Lynnhaven Borough in the City of Virginia Beach, formerly Lynnhaven Magisterial District, Princess Anne County, Virginia, and known numbered and designated as Lot Twenty-Six (26) on the plat of Hillcrest, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 13, at page 8. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia from Joellen Wright by deed dated April 13, 2015, and recorded in the aforesaid Clerk's Office as Instrument Number 20150424000365200. Single-Family Dwelling Building Site 5: 1521, 1525, and 1529 New York Avenue (GPINs: 2417-04-2503, 2417- 04-1533 and 2417-04-0573) • GPIN: 2417-04-2503 (1521 New York Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot Eight (8), in Block B, as shown on that certain plat entitled, "Oceana Terrace," which plat is duly recorded in the Clerk' Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. LESS AND EXCEPT that property conveyed to the City of Virginia Beach in Deed Book 4098, at page 742. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from New York Avenue, LLC, a Delaware limited liability company, by deed dated May 5, 2014, and recorded in the aforesaid Clerk's Office as Instrument Number 20140516000429760. • GPIN: 2417-04-1533 (1525 New York Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, and designated as Lot Nine (9), in Block B, as shown on that certain plat entitled, "Oceana Terrace Situate in Princess Anne Co., Virginia laid out by A.B. Fussell" which plat is duly recorded in the Clerk' Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Douglas Blume, by deed dated September 10, 2015, recorded in the aforesaid Clerk's Office as Instrument Number 20150915000896490. • GPIN: 2417-04-0573 (1529 New York Avenue) ALL that certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Oceana, Lynnhaven Borough, City of Virginia Beach, Virginia and known, numbered and designated as Lot Ten (10), in Block "B", on a plat entitled "Oceana Terrace" laid out by A.B. Fussell, dated April, 1926, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the property conveyed to the City of Virginia Beach from Rebecca Higgins Vasile f/k/a Rebecca R. Higgins by deed dated April 7, 2008, and recorded in the aforesaid Clerk's Office as Instrument Number 20080430000050. Single-Family Dwelling Building Site 6: 117/121 and 125/127 Matt Lane (GPINs: 2407-74-3545 and 2407-74- 36242 • GPIN: 2407-74-3545 (117/121 Matt Lane) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, belonging, situate, lying and being at or near "Oceana" in Lynnhaven Borough, in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot No. Sixty- Three (63) as shown on a certain plat entitled, "WEST OCEANA GARDENS, PRINCESS ANNE COUNTY, VIRGINIA," made for C.M. Tynes, June 1950 by W.B. Gallup, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 83. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Roger D. Adams, Trustee of the William Adams Revocable Trust Dated May 6, 1994 and Roseman P. Adams by deed dated August 16, 2013, and recorded in the aforesaid Clerk's Office as Instrument Number 20130827001022450. • GPIN: 2407-74-3624 (125/127 Matt Lane) ALL THAT certain lot, piece or parcel of land with the buildings and appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot No. Sixty-One (61) as shown on a certain plat entitled, "West Oceana Gardens, Princess Anne Co. VA," made for E.M. Tynes, June 1950 by W.B. Gallup, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 83. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Clarence L. White and Joyce R. White, husband and wife by deed dated September 29, 2014, and recorded in the aforesaid Clerk's Office as Instrument Number 20141006000946470. Map Book 161, at Page 26 • VA.IC�L Vhl'i WtOFM1 VA •A• k O- 4A ■ n la ag ,R.Art An m em • / )5pr . N PO In /1100• r ,/'' al.lo' ,o>Fl. U' 91, ' > '. (Big„1 ) \ i "0 S” • OCERFa CAROMS t': CLOCK 44 ' O•IB raA Ra • • 1 '. e • 1 E iA a • N " - - - is d "0->" 9 NI • 4. //J U\ • 1•f / fp, a. V0• "240' I 4$ W • FF. SOUTHERN BLVD. ' A' N /t• 30* It �0+4yµTY�4,, WIpg1M' OF MGY.NII 073 1 LL.' i 1� • LOT D- 4 aan, RN 1 CL v C ocTIN1 GARDENS 72 is LfArsi4Y[W 004a/6N WOW AfACV, VA. ern Cl b' • i.e it EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1515, 1509/1513 INDIANA AVENUE; 121/123, 117/119 AND 116 N. OCEANA BOULEVARD AND ADJACENT VACANT LOT; 1464/1466 SOUTHERN BOULEVARD; 229 AND 233 ROSELYNN LANE; 1521, 1525 AND 1529 NEW YORK AVENUE; AND 117/121 AND 125/127 MATT LANE SELLER: City of Virginia Beach PURCHASER: Ocean Bay Homes, Inc., a Virginia corporation PROPERTY: Building Site 1: 1515 Indiana Avenue (GPIN 2417-04-3833) Northern part of 1509/1513 Indiana Avenue (GPIN 2417-04-4803) Northern part of 121/123 N. Oceana Boulevard (GPIN 2417-04-4774) Building Site 2: Southern part of 1509/1513 Indiana Avenue (GPIN 2417-04-4803) Southern part of 121/123 N. Oceana Boulevard (GPIN 2417-04-4774) 117/119 N. Oceana Boulevard (GPIN 2417-04-4621) Building Site 3: 116 N. Oceana Boulevard and adjacent lot (GPINs 2417-04-6673 and 2417-04-6588) 1464/1466 Southern Boulevard, less a 15' x 229' (approx..) strip of land (GPIN 2417-04-8602) Building Site 4: 229 Roselynn Lane (GPIN 2417-05-2316) 233 Roselynn Lane (GPIN 2417-05-2412) Building Site 5: 1521 New York Avenue (GPIN 2417-04-2503) 1525 New York Avenue (GPIN 2417-04-1533) 1529 New York Avenue (GPIN 2417-04-0573) Building Site 6: 117/121 Matt Lane (GPIN 2407-74-3545) 125/127 Matt Lane (GPIN 2407-74-3624) These properties shall be subdivided into six building sites. SALE PRICE: $555,800 total for all named properties. CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Seller shall convey the Property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. Virginia Beach APPLICANT'S NAME ,La DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ' The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/ All disclosures must be updated two(2)weeks prior to any Page I of 5 Planning Commission and City Council meeting that pertains to the applicationl9. Er- APPLICANT NOTIFIED OF HEARING DATE. /0( 6. 62. NO CHANGES AS Or DATE'. 1.2 E, 0l0/- L0 1 REVISIONS SUBMITTED DATE- _ j NE: Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, — business, or other unincorporated organization. 12Kheck Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__QCS' _, -li4?r a_y /..t/C 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) Sees,o %JAr/a- (e) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ 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 and 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) 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 parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, 01) a controlling owner In one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • , SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 5 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return Er ❑ Architect/ Landscape Architect / Land Planner //.//x l /N G ❑ Contract Purchaser(if other than Er' the Apolirant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ r�i purchaser of the subject property LJ (identify purchaser(s) and purchaser's service providers) Er Q Construction Contractors /440c ,4rJmes /N C ❑ Engineers /Surveyors/ Agents ps//oC /NC. Financing (include current ❑ mortgage holders and lenders TG✓/1C �x selected or being considered to provide financing for acquisition age /r or construction of the property) G/J 7 'B' 0 Legal Services SteetS "lase payee./ Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property 0 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. _. _ .. Io�•,(�R, 'd �W!� PRINT NAME •ATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 m■ mmd v — or. w r.� cc o- nL CD cn C * N ? cp 13 ,: Q N N N R1 N , z � <� cn .73 N -, V V V 0 Cl)m al 0 0 -o O O O 2 Z up 13N cD A A A Z m (n 0 m a 4. A w .40. o, 0 _ c 73 o N V co co co N a - `G J 0 w a A w w o A IV (7 CD m ..,i2 al O s Ob)03NGIt m Q. m w ^ CO cn W .... W C 0 0 / J ' 1 Q G.) cn m • 1 O •O7 — — N • —n O Z Z N 71 m CA j m D O O r Ci) ....1 .. a D O 7 c —D DO H m 11 co Z p I D N -17J in X O < m Z wZ Z v, O Z m cn m CO co D m D -<o n D 0 I M w D cn D X W m m ;z v 10 • iD, / ;Z `m jN 71 i o cp Z 0 O Z O F Z N Z -1 Z = 1- 0 N N w. 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I (D V V W cn Nz A rn 6{- 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Located at 1246 Bayne Drive, Known as Lynnhaven Park, Adjacent to 1870 Enterprise Court MEETING DATE: February 7, 2017 • Background: SLN Bancroft, LLC desires to construct and maintain proposed playground equipment and a proposed 41.6' x 18.3' solid cedar fence within the City's property located at 1246 Bayne Drive, known as Lynnhaven Park, GPIN: 2408- 44-2880, adjacent to 1870 Enterprise Court. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Upon the advice of the City's Risk Manager, the liability insurance required for these encroachments is not less than $1,000,000. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Plat Recommended Action: Approval of the ordinance. Submitting r • .art - I Agency: Public Works/Real Estate {�R5 ppf> City Manage • Ilk d I-/ IJ/ tit: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 LOCATED AT 1246 BAYNE DRIVE, 7 KNOWN AS LYNNHAVEN PARK, 8 ADJACENT TO 1870 ENTERPRISE 9 COURT 10 11 WHEREAS, SLN Bancroft, LLC, a Virginia limited liability company, desires 12 to construct and maintain proposed playground equipment and a proposed 41.6' x 18.3' 13 solid cedar fence within the City's property located at 1246 Bayne Drive, known as 14 Lynnhaven Park, GPIN: 2408-44-2880, adjacent to 1870 Enterprise Court, in the City of 15 Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, SLN Bancroft, LLC, its assigns 26 and successors in title, are authorized construct and maintain proposed playground 27 equipment and a proposed 41.6' x 18.3' solid cedar fence within the City's property located 28 at 1246 Bayne Drive, known as Lynnhaven Park, adjacent to 1870 Enterprise Court, as 29 shown on the map entitled: "EXHIBIT A' SHOWING AREA OF ENCROACHMENT ON 30 GPIN 2408-44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408-44-9434(MB 83, 31 PG 46) VIRGINIA BEACH, VIRGINIA," prepared by MSA, PC and dated July 15 2016, a 32 copy of which is attached hereto as Exhibit "A", and on file in the Department of Public 33 Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and SLN Bancroft, LLC, (the "Agreement"), an 38 unexecuted copy of which has been presented to the Council in its agenda, and will be 39 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 40 Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as SLN Bancroft, LLC, and the City Manager or his authorized designee execute 46 the Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2017. CA13616 R-1 PREPARED: 1/10/17 \\vbgov.com\dfs1\applications\citylawprod\cycom32\wpdocs\004\p023\00341968.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN ' D FORM: PUBLIC WORKS, RE ESTATE l A NA : HA'M Y R �- 2. -I- 1 C SENIOR CITY ATTORNEY 2 SEE SHEET 2 OF 2 FOR NOTES I N/F MILL CREEK CONDOMINIUM OWNERS ASSOCIATION, INC. I (INSTR. 20060908001368940) a 5' UTILITY & DRAINAGE PARCEL 8-IF-A z= EASEMENT (MB 80, PG 21) (INSTR. 20060615000899130) o m N69'04'39"E GPIN 2408-44-5692 o \ N 3'484520.1464 , _ _– --- 0o co E 12204504.0003 —661.24'— — i i R. 885.54' TO FIRST COLONIAL ROAD a , • •?_ N26'57'4514,S� m 153.54' I 2-STY-BRICK & FRAME " W I (0/A) ( a #1138 I '? " (ft #1140 #1136 #1134 #1130 ,,,,.__a- ?ti, J #1128 N QI N/F L , /(. .- #1126 m CITY OF � #1124 hRGINIA BEACH ___ #1122 (MB 65, PG 7)GPIN 2408-44-288D1 I N/F BANCROFT HALL GARDENS L ASSOCIATES, LLC PROPOSED 5000 �.. I --- (INSTR. 20141211001162680) CEDAR FENCE I L`�1 ' "PARCEL 4- c• (MB 83, PG 46) 183' N 3484383.2956 GPIN 2408-44-9434 LC DENOTES AREA OF ENCROACHMENT, E 12204573.616 j "a�" AREA=381 S.F. OR 0.009 AC. KJ:40i4 _.••. i e TZ'-.,- - W #1114 4 Ii n I _ 6 of )e PROPOSED _ K : #1112 g PROPOSED SOLID PLAYGROUND g `:�' #1110 m CEDAR FENCE --- #;. EQUIPMENT _ ix • #1108 dl,: SIGNS N ' U IN2'52'15'E 172.00' / - EXISTINGCHAINLINK 48" - Z W #1106 (0/A) / #7104 5' UTILITY & DRAINAGE 1135 - FENCE TO BE- 0 EASEMENT (MB 80, PGI 21) & FR AME K REMOVED _ 2 at OH Op' L "EXHIBIT A" q O — '11I SHOWING AREA OF ENCROACHMENT ON allinaddiaa r GPIN 2408-44-2880 (MB 65, PG 7) FOR THE JEFFREY J. YIERREiHERa BENEFIT OF GPIN 2408-44-9434 (MB 83, PG 46) VIRGINIA BEACH, VIRGINIA Lic. No. 2306 JULY 15, 2016 JULY 15, 2016 F . Noro:n MSA. F . C _ worm Ci, %. suRNE ° .. IONILIVEI lii II\I,I I G111111/i c FnvimmnenW Scism•Pleiwn6•Suneyingg e■I1n.V/' ,e.,'!�i Civil&EnwmmeneIEngi i•Ian6ZpcAmhitnlre iuuiiiii ii nliCM DWN BY: CJS i.N!.'7t i 5033 Rouse Drive,Virginia Beach,VA 23462 •IIIA* 1U'• JOB ••PA:'iii 757-490-9264(Ofc) 757-490-0634(Fax) ii%:'■■■ # 141618 SHEET: 1 OF 2 www.msaonline.com •• • Gi& i SCALE: 1" = 40' Nom: 1. THIS SURVEY WAS PREPARED KITH THE BENEFIT OF A CURRENT TITLE REPORT PREPARED BY BRIDGETRUST TITLE GROUP, FILE No.: 091046084, COMMITMENT DATE: SEPTEMBER 5, 2014, 8:00 am., ISSUE DATE: SEPTEMBER 12, 2014, 4:15 pm. 2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE NAD83/93 HARN AND WAS ESTABLISHED FROM CITY OF VIRGINIA BEACH HORIZONTAL CONTROL STATIONS: "J-5-4", "J-5-5" AND "PS-230". 3. THIS SURVEY DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE OF WETLANDS, ENVIRONMENTAL HAZARDS, CEMETERIES OR ANY UNDERGROUND STRUCTURE NOT OBSERVED DURING THE COURSE OF THE SURVEY. 4. ALL OR A PORTION OF THIS SUBDIVISION IS LOCATED IN THE CHESAPEAKE BAY WATERSHED MANAGEMENT AREA AND 1S SUBJECT TO THE PROVISIONS OF THE CHESAPEAKE BAY WATERSHED MANAGEMENT ORDINANCE. 5. THE INTENT OF THIS EXHIBIT IS TO SHOW THE AREA OF ENCROACHMENT ON GPIN 2408-44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408-44-9434 (MB 83, PG 46) AND SHOULD NOT BE CONSIDERED A BOUNDARY SURVEY OR SUBDIVISION OF LAND. 41'3TH of L t15 JEFFREY J. VIERRETHERa Lis. No. 2306 JULY 15, 2016 94, Lio 0 SURC "EXHIBIT A" SHOWING AREA OF ENCROACHMENT ON GPIN 2408-44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408-44-9434 (MB 83, PG 46) VIRGINIA BEACH, VIRGINIA JULY 15, 2016 mErni 1111 MSA, P _ C . 1111-1111-.■ C■11lVi 1N• Fs o mrna Science:•Pla m Sw a 1111118,1 11111 111INU !ea • 1111'! lUl!�11 1111 N►[ 9111 Civil&Emirownental Digit:wing•Landscape Ar iilmore 1111_�l' SII11 DWN BY: CJS 11111114,'_lu ■ 5033 Rouse Drive,Virginia Beach.VA 23462 T/i SPJ EMNZONIIN ■757-490-9264(Oft) 757-490-0634(Fax) 11CC�dr1111 JOB 741618 SHEET: 2 OF 2 www.msaonlinecom SCALE: N/A 1870 Enterprise Court - /0 , , ___ / w±r -,. 4 JITEcl. b w \-> � - ,20 ( z -get ' 10 o GOpE J ° 1 4® 1 • 1 . \ '\'\ 11 ii \\ .( 2' \ \ 0 0 \_ NPVEN �: C--, \` 13 2408-44-9340 ANN \ \✓� 13 D ,\--- s , s _ .__x___,--- _c?. _ ck, ,--------- , 0 .1.. 0 NP of Legend N 'V" O� 9 �,c 0\9 LOCATION MAP City Properties Z� i' ENCROACHMENT REQUEST 2408-44-9340 0 FOR SLN BANCROFT, LLC GPIN 2408-44-9340 Note: This property is located i------ \ Feet in AICUZ Noise Zone>_70dB and<75dB 1.1\ 0 100 200 400 •repared by P W/Eng/Eng.Support Services Bureau 01;062011' X 1C/1D61Pro1ectsAPC h s4GENDA MAPSI,SLN Bancroft.LLCQ408�.mxa 'lr`.:. , f ir'.,,"`! .r'9-4�Alt --Z. 1 L IP A� View from Bayne Drive GPIN: 2408-44-9340 Vhidnia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development 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 ♦ S The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, �./ business, or other unincorporated organization. LVJ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Pla nnrnq Commission and City Council meeting that pertains to the appl lranon(s). ❑ APPLICANT NOTIFIED OF HEARING DA IL JJ NO CHANGES AS OF DAIL. IIe6I17- CR CC( 0 REVISIONS SUBMITTED DAIL V Virginia Beach other unincorporated organization, AND THEN complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) SLN Bancroft, LLC, a Virginia limited liability company: S.L. Nusbaum Realty Company, Manager/Sole Member: Miles B. Leon, President; William L. Nusbaum, Secretary; Virginia Rattprn Hawks Treasurer (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 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 /5 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Bath '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 relationshi• other than p. parent-subsidiary other that exists when (i) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles.' See State and local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ffir ❑ Accounting and/or preparer of Dixon Hughes Goodman your tax return ❑ LTJ Architect/ Landscape Architect/ Land Planner Contract Purchaser(If other than ❑ ag the Applicant)-identify purchaser and purchaser's service providers �-a( Any other pending or proposed ❑ dJ purchaser of the subject property (identify purchaser(s)and �/ purchaser's service providers) ❑ Uv Construction Contractors ❑ Engineers/Surveyors MSA,P.C. The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. XB Virginia Beach Financing (include current ❑ r=,/ mortgage holders and lenders L i selected or being considered to provide financing for acquisition or construction of the property) g' 0 Legal Services Sykes, Bourdon, Ahern & Levy, P.C. ❑ OCJ Real Estate Brokers /Agents for current and anticipated future sales of the subject property 4 a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have tri CI an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? 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. "_'_' f//A - Miles B. Leon, President of 5/18/16 A NT'S SIGNATURE PRINT NAMES.L. Nusbaum Real DATE Co., Manager of SLN Bancroft LC PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SLN BANCROFT, LLC, a Virginia limited liability company, assigns, and successors in title, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A", as shown on that certain plat entitled "RE-SUBDIVISION OF PARCELS 2 & 4 (MB 80, PG 21) (MB 83, PG 46) VIRGINIA BEACH VIRGINIA", dated July 20, 2016, prepared by MSA, P.C., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20160811000705900, and being further designated, known, and described as 1870 Enterprise Court, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain proposed playground equipment and a proposed 41.6' x 18.3' solid cedar fence within the City's property located at 1246 Bayne Drive, known as Lynnhaven Park (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; GPIN: CITY PROPERTY— 2408-44-2880 — 1246 Bayne Drive (Lynnhaven Park) GPIN: 2408-44-9340 — 1870 Enterprise Court, Virginia Beach, VA 23454 (Formerly GPIN: 2408-44-9434) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lynnhaven Park (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A' SHOWING AREA OF ENCROACHMENT ON GPIN 2408- 44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408- 44-9434 (MB 83, PG 46) VIRGINIA BEACH, VIRGINIA," Sheets 1 of 2 prepared by MSA, PC and dated July 15 2016 a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $1,000,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change 3 to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said SLN BANCROFT, LLC, a Virginia limited liability company, has caused this Agreement to be executed by Miles B. Leon, as President of S. L. Nusbaum Realty Co., Manager of SLN BANCROFT, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 4 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 SLN BANCROFT, LLC, a Virginia limited liability company By: S.L. Nusbaum Realty Co., Its Manager By L� (SEAL) Miles B eon, President STATE OF V1!q nio. CITY/COUNTY OF Nor-Polk , to-wit: The foregoing instrument was acknowledged before me this 17 day of No✓v.wtbu- , 2016, by Miles B. Leon, as President of S. L. Nusbaum Realty Co., as Manager of SLN BANCROFT, LLC, a Virginia limited liability company. MNGaM ed COMOKMallith nrtc Rag.It of V �^""^ E+Mres Feb.ze,2018 �,cr�."r�1xtimC, � (SEAL) Notary Public Notary Registration Number: 3.71743 My Commission Expires: DA/ap 140)x APPROVED AS TO CONTENTS APPROVED AS TO LEGAL IENCY AND FORM 1 . J_\ \ SC: 4��� SIGNATURE DAN . H RMEYER, SENIOR CITY ATTORNEY - Z1 n DATE PUBLIC WORKS/ REAL ESTATE DEPARTMENT/ DIVISION 7 [ ,:p:‘, • ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: February 7, 2017 • Background: Program income to the Department of Housing and Neighborhood Preservation for FY 15-16 varied from what was appropriated, and therefore the department requests changes to reflect actual revenue. In addition, one grant budgeted for was not received for FY 16-17, and a single large program income payment has been received during the current year. Therefore, the department requests changes to reflect this activity, as follows: • The Department received $85,872 in additional revenue in CDBG program income. These funds will be utilized for the creation or rehabilitation of affordable housing per CDBG regulations. • An additional $235,000 for FY2017 HOME funds were received due to the payoff of a loan made to rehabilitate affordable housing. These funds will be utilized for affordable housing creation and/or rehabilitation per HOME regulations • HOME Program Income was $38,923 less than estimated in the 2015-16 grant. This will reduce the amount available for affordable housing and/or rehabilitation programs in the current year. • Due to the non-receipt of a Continuum of Care grant, appropriations need to be reduced by $59,135. These funds were to be used to provide assistance for seven households and these households have been transitioned to other assistance programs. • Considerations: Without this action, the actual funding allocations will not be available for the intended purpose. In addition, appropriations need to be adjusted downward to reflect actual revenue. ■ Public Information: The normal agenda publication process. • Recommendations: Approval of the attached ordinance • Attachments: Ordinance Recommended • tion: Approval �� 10 Submitting D: • 04k 6.2".41N- !e t, ent of Housing & Neighborhood Preservation City Manager ate"` 1 AN ORDINANCE TO AMEND THE FY 2016-17 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The Department of Housing and Neighborhood Preservation's FY 2016-17 Operating 9 Budget is hereby modified for the amounts and purposes set forth below: 10 11 1. Appropriate an additional $85,872, with federal revenue increased 12 accordingly, to the CDBG Program for the creation or rehabilitation of 13 affordable housing per CDBG regulations; 14 15 2. Appropriate an additional $235,000, with program revenue increased 16 accordingly, for FY 2016-17 HOME Program for affordable housing creation 17 and/or rehabilitation per HOME regulations; 18 19 3. Reduce the appropriations for HOME Program Income by $38,923, with 20 federal revenue decreased accordingly; and 21 22 4. Reduce appropriations for the Continuum Care grant by $59,135, with federal 23 revenue decreased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day 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: OAAJ David Bradley I 'ar eyer Management Services City Attorney's Office CA13918 R-1 January 25, 2017 V: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: February 7, 2017 • Background: In 2016, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $86,950.00, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015 and February 2, 2016. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. • Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorneys fees, (4) the cost of surveys, (5) title insurance fees, and (6) public notice costs. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of$86,950.00. • Public Information: No special advertising is required. • Recommendations: Adoption of Resolution • Attachments: Resolution and Summary of Terms Recommended Action: Approval Q5 Submitting Depa : 1 ' . =ncy: Agriculture Department City Manager: IlL 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; 14 15 WHEREAS, since its inception of the ARP, approximately 9,610.11 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; 18 19 WHEREAS, the General Assembly, by Chapter 780 of the 2016 Acts of 20 Assembly, has appropriated $1,000,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City will incur 31 in the course of purchasing ARP easements; 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $86,950.00, for a period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDACS, 39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2016 (the 41 "Agreement"), is on file in the City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement between the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2016, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A, and incorporated herein, and such other terms, conditions, or modifications as may 57 be acceptable to the City Manager and in a form deemed satisfactory by the City 58 Attorney, and to take such measures as are necessary or advisable to implement the 59 Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth of Virginia and the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the day 70 of , 2017. Approved as to Content: Approved as to Legal Sufficiency: Dept. of Agriculture City Attorney U CA13864 R-1 January 26, 2017 2 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of$1,734,020.20 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 The City is now eligible to receive an additional $86,950.00 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $86,950.00 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2016 through December 31, 2018). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution of Support for the Use of Local Funding for Capital Project #2-419, "Centerville Turnpike Phase III" MEETING DATE: February 7, 2017 • Background: Virginia's SMART SCALE program is about selecting the right projects for certain transportation funding and ensuring the best use of limited tax dollars. Transportation projects are scored based on an objective, outcome-based process that is transparent to the public and allows decision makers to be held accountable to taxpayers. The SMART SCALE process evaluates projects on the following six criteria: Congestion Mitigation, Safety, Accessibility, Environmental Quality, Economic Development and Land Use Coordination. SMART SCALE is a grant program, and funds are only available on a reimbursement basis. In September 2015, a SMART SCALE application for Capital Project #2-419, "Centerville Turnpike Phase III," was submitted for state funding. VDOT approved the project and awarded the City $6 million in SMART SCALE funds in 2016 for CIP #2-419. Since that time of approval, VDOT has implemented a new requirement that localities approve resolutions stating a commitment to utilization of local funds on all SMART SCALE projects. CIP #2-419 will construct a four-lane divided roadway within a 100-foot right-of- way from Kempsville Road to the Chesapeake City line, a distance of approximately 1.2 miles. This project completes a vital connection from Chesapeake to the City. This project is programmed in the City's six-year adopted FY 2016-17 Capital Improvement Program. Nonetheless, VDOT requires a resolution expressing the City's commitment to providing local funding for this project. The Total Project Cost is approximately $30.1M. The City was awarded $6 million in SMART SCALE funds in 2016 and previously committed $24.1 million of local funds with the SMART SCALE application. • Considerations: The SMART SCALE Program is a grant program and funds are available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. • Public Information: Public information will be handled through the normal Council Agenda process. ■ Recommendations: Adopt the VDOT-required resolution. • Attachments: Resolution; Project Slide (w/ map) Recommended Actio. • Approval Submitting De, . ent/A•ency: Public Works Engineering ll AD City Manager: V , f ►=ai Y C 6� `•�,'4 . m m v a1 0 0 9 - Re mays Y -0 ` O 0 N C -O r ` Y fl l0 SY L 0 0 0 E t >d > - J a. ~ y Y v C 0 7 9 1.:v Y 0 C ' o O 0 . O _ 0 3mnma > v -o _o cu cmEH `c' .. 5 0 w C c -0 a 'v' coo �+G . ' 4leNtnp` CL `° ra ra L -0 3 w ry zry i' � - �' E «" y c > w -o u RI c 6to vNm #4917 j*' 4 Ewa v v v ¢° ~ c -.4126.0:4;c1'.-. 6g G.o o cm v -om � 17 = -6 w ate � T m -a = U ' roall r° F r ,k J 3 •c a3 o. « y E a`' in i _ • . (Q O a Y C K v ♦ -ate♦ L 0 3 Ln — YO C L a y 'fes,. d ,o_0 « v CO 3 m ~ v C m . CL/ waonorouorcc = w ✓ ' o v a >' w p o m 2 Y L ea m J v v ru C ) Y 3N > Y_ La V}w y a CO 9 m I K a CS. Y n 0 0 > o@ o U 0 L= 3 0 v Y _ o -o v « 3 ir. ,, tea;• / //." . I' C U h U � «, ao � E .� u _ H o v a W L o n N _O O o- v y 3 a _ V -O -6 0 •eaL s_a )Ca u E v C N N Y0 Y J LI L a y y m a > y a EO 0 ,_LU VI - al '> .� - C u O - 4- a F F }.I ,o o — 0 3 m v m s - 4 C v v m m 0 m m v Jan' - Q al c0 0 s m n m a o u •o N �. V oaa �- �a $ vs aE m�Y n am v -a -a ` aX o >L. p v c m N .v, 3 's a' c v , c F o m 0 m H s o m 3 o m m c c o_ v a u E -o z -a-a v E v c 3 C a w ,f C E 0w > JDy., vy 0 am •f"✓S, . c� • al Y o W E Y Y o ` _ViuiflllH .4 v v o op > v o T, m jai ij o c v o m 3 0 w .V- 4., ' �" •I. 16 "' o-- m a « m c a v E .""E! s .T- c a .x m e E o v E = �� �� 1 ;4 ~ U Yo ro V w o o a ~ og t ,. 1 A RESOLUTION OF SUPPORT FOR THE USE OF LOCAL 2 FUNDING ON CAPITAL PROJECT #2-419, "CENTERVILLE 3 TURNPIKE PHASE III" 4 5 WHEREAS, the City of Virginia Beach was awarded $6 million through the 6 Virginia Department of Transportation ("VDOT") SMART SCALE program for completion 7 of Capital Project#2-419, "Centerville Turnpike Phase III;" and 8 9 WHEREAS, to retain the SMART SCALE program funding for CIP #2-419, VDOT 10 requires the City to adopt a resolution stating the local body's commitment to providing 11 local funding for the aforementioned Capital Project. 12 13 WHEREAS, the adopted FY2016-2017 Capital Improvement Program has more 14 than $24 million in local funding programmed for CIP #2-419, and provided the Council 15 follows the programmed funding set forth in the FY2016-2017 CIP, CIP #2-419 will be 16 fully appropriated in FY2021. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 The City Council intends to use local funding in the amounts and at the times 22 stated in the Adopted FY2016-2017 Capital Improvement Program, and the Council 23 intends to comply with the SMART SCALE requirements, including retaining local funds 24 in Capital Project#2-419, Centerville Turnpike Phase III." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S Y: Ceuk 11L David Bradley e - .- %_rme er Budget and Management Services City Attorney's Office CA13916 R-1 January 25, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund for Police Equipment and Office Renovation MEETING DATE: February 7, 2017 • Background: The Police Department requests the use of $358,000 from the fund balance of the Police Federal and State Seized Asset Fund to purchase the following equipment and construction that was not funded through the operating budget: • Purchase 800 ballistic helmets to replace the current riot helmet which offers no ballistic protection ($300,000); • Install audio/visual equipment in three rooms within Police Headquarters to convert them into interview rooms for investigative purposes ($20,000); and • Install additional network switches/ports to accommodate additional security and interview room cameras in Police Headquarters and allow for future growth ($38,000). The Police Department has identified a ballistic helmet with a detachable face shield that offers ballistic protection, and these helmets can be reissued to other members by simply replacing the helmet pad at minimal cost. The cost is an estimate based on initial research and will likely be lower with a bid process. The department is also converting three rooms into interview rooms. Conversion of these rooms requires the purchase of new camera components and software licensing to integrate the new cameras with the existing system. Additional network switches/ports are needed to accommodate the increasing number of cameras in Police Headquarters and allow for future growth. ■ Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. • Public Information: Public information would be made available through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting De. . • • `ency: Police Department City Manager: 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE FEDERAL AND STATE SEIZED ASSET FUND FOR 3 POLICE EQUIPMENT AND OFFICE RENOVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $358,000 is hereby appropriated from the Fund Balance of the Federal and 9 State Seized Asset Fund, with specific Fund Reserves increased accordingly, to the FY 10 2016-17 Police Department Operating Budget to purchase equipment and building 11 improvements. Adopted by the Council of the City of Virginia Beach, Virginia on the day 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: JCC � J l David Bradley :.na arm-yer Budget and Management Services City Attorney's Office CA13915 R-1 January 25, 2017 [ ,,,„a, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate from the Fund Balance of the Sheriffs Office Federal and State Seized Assets Fund MEETING DATE: February 7, 2017 • Background: The Sheriff's Office received $237,000 in FY15 from the Department of Justice for the purchase of 23 mobile data computers in Sheriff's Office vehicles, with a two-year window to expend the funds. These monies were received and budgeted for in the Sheriff's Federal/State Seized Assets Fund. As of the end of FY2015-16, a total of $207,992 had been expended or encumbered, while the remaining expense of technical maintenance and support had yet to be determined. This caused the remaining amount budgeted to lapse to fund balance in the Sheriffs Federal and State Seized Assets Fund. • Considerations: The Sheriff's Federal and State Seized Assets Fund has a fund balance of $29,893, which includes interest earned. Appropriating the fund balance will allow the Sheriff's Office to expend the remaining funds in the time allotted by the Department of Justice. These funds will be used in FY 2016-17 to cover the cost of technical maintenance and support. • Public Information: Public information will be handled through the normal Council Agenda notification process. • Recommendations: Approval of ordinance. • Attachment: Ordinance Recommended Action: Approval p,�,,.,,, Submitting De•art•• - it/Agency: Sheriff's Office A 9 ICity Managerq I ii` 1 AN ORDINANCE TO APPROPRIATE FROM THE 2 FUND BALANCE OF THE SHERIFF'S OFFICE 3 FEDERAL AND STATE SEIZED ASSETS FUND 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $29,893 is hereby appropriated from the Fund Balance of the Sheriff's 9 Office Federal/State Seized Assets Fund, with Specific Fund Reserve Revenue 10 increased accordingly, to the FY 2016-17 Sheriffs Office Operating Budget for technical 11 maintenance and support of mobile data computers previously purchased. Adopted by the Council of the City of Virginia Beach, Virginia on the day 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: Cix u A David Bradley 11. a .rme er Budget and Management Services City Attorney's Office CA13917 R-1 January 25, 2017 K. PLANNING 1. FOURTH SHOT, LLC and DON BROCKWELL for a Conditional Use Permit re a Tattoo Parlor at 1017 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. JANICE P. FUCCI and BIRDNECK ASSOCIATES for a Conditional Use Permit re a Tattoo Parlor at 515 North Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. RICHARD SCOTT and LINDA B.ALLEN for a Conditional Use Permit re a Residential Kennel at 3769 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. PENNYMARIE S. LAZAUSKAD for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1704 Grindstone Court DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 5. EXPRESS OIL CHANGE& TIRE ENGINEERS and SARROW ONE,LLC for a Conditional Use Permit re Auto Repair at 2136 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. ALEXANDER P. KNAB for a Variance to § 4.4(b) of the Subdivision Regulations re lot width at 316 Mace Hill Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. LYNN PLAZA INVESTMENTS, LLC for a Variance to § 4.4 (b) of the Subdivision Regulations re lot width at 845 Lynnhaven Parkway DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 8. MANOUSOS ENTERPRISES, Inc. for a Variance to § 4.4 (b) of the Subdivision Regulations re a flag lot at 1337 Ferry Point Road DISTRICT 2—KEMPS V ILLE RECOMMENDATION: APPROVAL 9. BIRDNECK STORAGE 2, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional I-1 Industrial District for redevelopment and self-storage at 1044, 1052 and 1054 Bells Road (Deferred September 6,2016) DISTRICT 6—BEACH RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION-DENIAL 10. TALLWOOD,LP for a Conditional Change of Zoning from PDH2(R-5D Residential Duplex District overlay) to Conditional A-18 Apartment District at 5705 Schoolhouse Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3 z NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the Cly of Virginia Beach will he held in the Council Chambers of the City Hall Buap10& Municipal Center' Virginia Beach,Virginia,on Tuesday.February 7, 2017 at 6:00 p.m..at which time the following application will be heard: DISTRICT 6-BEACH Fourth Shot, LLC/Don Brockwell conditional Use Permit(Tattoo Parlor) 1017 Laskin Road(GPIN 24186170631 DISTRICT 6-6001 Janice P. Fixer/Redneck Associates Condtbna Ose_Ewing (Tattoo Parlor) 515 North Birdneck Road (GPIN 2417589126) DISTRICT 7-PRINCESS NINE Richard Scott Allen[Applicant]Linda B. Allen [Owner] Conditional Use Perwj (Residential Kennel) 3769 West Neck Road(GRIN 24022276211 DISTRICT 6-BEACH Alexander P.nnab Subdivision Variance (4.4(0)of the Subdivision Regulations) 316 Mace Hill Street (GPIN 24262886451 DISTRICT 3-ROSE HALL Pennymane 5. Lazauskas Conditional yi Permit (Home-Based Wildlife Rehabilitation Facility)1704 Grindstone Court(GPIN 2404642089) DISTRICT 7-PRINCESS OHNE Express Oil Change & Tire Engineers/Sarrow One,LLC rondroaoyl Use Permit(Automobile Repair Garage) 2136 Princess Anne Road (GPIN 2414240318) DISTRICT 3-ROSE HALL Lynn Plaza Investments, LLC Subdivision Varian•(Section 4.4)b)of the Subdivision Regulations) 845 Lynnhaven Parkway (GRIN 1496347353)COUNCIL DISTRICT 2 - KEMPSVILLE Manousos Enterprises, Inc. Subdivision Variance (Section 44 (b) of the Subdivision Regulations) 1337 Ferry Point Road (GRIN 1465098115) DISTRICT 6-BEACH Redneck Storage 2, LLC Conditional Chance of zonim (R 10 Residential to Conditional 1-1 Industrial District)1044, 1052 & 1054 Belle Road (GRINS 2416581110, 2416582140, 241657196 DISTRICTI-CENTERVILIE TalIwood,LP Conditional Ghana ofZoning(PGH2(R- 5D) to Conditional A-IS) 5705 Schoolhouse Road(SPIN 1455716840) Comprehensive Plan. Strategic Growth Area - Centerville. Proposal for 120 units(density of 15.2 units per acre Al interesten parties are tuned to attend. Ruth Hedge MC City Clerk Copies of the proposed ordinances, anelutions and amendments are on file d may be examined in the Department of Planning or online at hit:/ww vngovcal ipt.For . . • . . ›,. e \ . „., .., . ' . . . , . .. N '. . , . . •. , . . ' . . '........:674' . . .. ... • , .., • .\ , • ,, . .. • . . . • , , \ . , ,./ \ \ 0. _- ... ., •,, ,.. ., . * \ . N \d, • \--''N \ \\ • . , .. , \ \-- . ' \) . , . ,• .. ,,,,, ...L 1 • I , v.. N\ '\ r . • • • • • N . , . • "Nz , m• . \ ••• '1 ..• \ . . , • '.. ., • • • • • • • • e,,, ..% •, • • ., ... •• •• 5 ISIOr% .•. % lira‘ • • , . . , -. .. \ ..... '.., %, • • • %. %. ,150 • \ ..... ., , . . , . .. .. , • . „ . . • .." . . , . . . , . \ \,./"\\7",,,Z • • , . • . \ •,;, 1 • \ . , , • 1 , • \ .,,, e , , •,„ .„, IN) \ \\ „ . .. . • . . . . • . , . \ \ \\ , \ \ \.„ 1 \ , 1.. ., , , , ... , . 5 5 „. „. 5, \ 5., \ , ' 5 5 5 5 \ '5, It, \5, 5 5 1 5 5 t \ I 5 5. 1 \ 5 t 5 i 5 5 1 \\ I i .. I. I tI 5 Ii I ,..-1 t t t 5 5 _-- .., I I i I 1 I 1 I I I 'I .., i -'-'-N..-5- I, I I I I I ...----- I Ili ...-•-•1,„,,..-,-. -.. I \ ..a. \ —03 s, 03 \ , , ‘ , .------ ,.___--1 .....-7--'" 'f'N) ,,. i,. __--- ._•_. ____ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FOURTH SHOT, LLC [Applicant] C & L HOUSING, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) 1017 Laskin Road (GPIN 2418617063). COUNCIL DISTRICT— BEACH MEETING DATE: February 7, 2017 ■ Background: The subject site, zoned B-2 Community Business, contains other commercial uses including a kitchen improvement operation and a retail business. The property is located within the Accident Potential Zone 2 and Noise Zone 70-75 dB, limiting permitted uses in accordance with AICUZ regulations in the Zoning Ordinance. The request for a Conditional Use Permit for a Tattoo Parlor is a compatible use within the APZ-2. • Considerations: In Staff's opinion, the operation of a tattoo studio within this existing commercial strip shopping center is compatible with the uses in the center as well as uses in the surrounding area that include a large mini-storage facility. The applicant currently operates two tattoo parlors in Virginia Beach, and is familiar with the Health Department's requirements regarding standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. 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. Fourth Shot, LLC Page 2 of 2 • Recommendations: City Staff recommends approval of this request. 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. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of the signage. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - et/Agency: Planning DepartmentID City Manager: it Applicant Fourth Shot, LLC Agenda Item Property Owner C & L Housing, LLC Public Hearing December 14, 2016 3 I city./ City Council Election District Beach Virginia Beach Request 65 70 dB DN67,7s k Conditional Use Permit (Tattoo Parlor) �° Po ey,� 44`a Staff Planner Kevin Kemp Location 7075 dB DNL 1017 Laskin Road GPIN 2418617063 APZ2 d Site Size ,.,,,,,,"°- 17,400 square feet o4 a , AICUZ �`� = 70-75dBDNL; APZ2 ,tea` �a 4 Existing Land Use and Zoning District Commercial/ B-2 Community Business Surrounding Land Uses and Zoning Districts r v North �' -.EIA or. 00 Storage Yard/A-36 Apartment , . _... % • c South ! �- , Mini-Storage/ B-2 Community Business { ,r ' , East ` i • .f. Commercial/ B-2 Community Business • P ' � . i West Commercial/ B-2 Community Business �� fir N. f:- 11v Mas - it. fOb. if, Fourth Shot, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor within a 2,500 square-foot unit within an existing building along Laskin Road. • The typical hours of operation are proposed as noon to 10:00 p.m., seven days a week. Services will include tattooing, sale of local art and clothing, and tattoo care products. • The subject site, zoned B-2 Community Business, contains other commercial uses including a kitchen improvement operation and a retail business. • No changes are proposed to the exterior of the building or to the layout of the site, with the exception of signage to be installed above the entrance, consistent with other signage on the building.Two planters will be installed, one at each side of the entrance. • The interior space will be renovated to accommodate the proposed tattoo use, including a waiting area, eight tattoo work stations, a drawing area, an office, and ADA compliant bathrooms. • The property is located within the Accident Potential Zone 2 and Noise Zone 70-75 dB, limiting permitted uses in accordance with AICUZ regulations in the Zoning Ordinance.The proposed tattoo parlor is a compatible use within the APZ-2. \ A-3k: 2 2d = B-2 Zoning History 1 Request 1 CUP(Mini-Storage)Approved 05/22/2012 . A►2 2 CRZ(H-1, B-1, B-2& R-40 to Conditional A-36)Approved 0. 11/25/2003 1 A-18 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 site is located within the Urban Area - 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 Fourth Shot, LLC Agenda Item 3 Page 2 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 Chesapeake Bay watershed.There do not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 17,300 ADT (LOS 4"C") Existing Land Use'-113 ADT Laskin Road 21,757 ADT' 27,300 ADT L(LOS 4"D") proposed Land Use'-132 ADT 31,700 ADT 1(LOS°"E") 'Average Daily Trips 'as defined by a specialty Sas defined by a tattoo studio with six °LOS=Level of Service retail center-2,550 square employees feet Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a 130-foot wide,four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two,two-lane local access roads parallel to the mainline portion of the roadway;one on the south side and one on the north side of Laskin Road.The MTP proposes up to a four- lane facility within a 145-foot right-of-way. There is a roadway CIP project slated for this area. Laskin Road—Phase I (CIP 2-156) is a VDOT managed project for construction of an eight-lane divided highway from Republic Road to Winwood Drive and a six-lane divided highway from Winwood Drive to South Oriole Drive with bike paths and sidewalks.These limits include the intersections at First Colonial Road and at First Colonial Road and at Birdneck Road. Right-of-way acquisition is complete; however, construction will be delayed beyond 2019 due to lack of funding. Public Utility Impacts Water The site currently connects to City water.There is an existing 12-inch City water main and an existing 36-inch City water transmission main along Laskin Road.The existing 5/8-inch water meter(City ID#95057212)can be used or upgraded to accommodate the proposed development. Sewer The site must connect to City sanitary sewer.There is an existing eight-inch City gravity sanitary sewer main and an existing 30-inch HRSD force main along Laskin Road. Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor is located within an existing building along a commercial corridor of Laskin Road, and in Staffs opinion, is compatible with the character of the surrounding area.Additionally,the site is located directly adjacent to other commercial uses,and a large mini-storage facility to the rear;therefore,the proposed use is not expected to have any adverse impacts on the surrounding properties. Fourth Shot, LLC Agenda Item 3 Page 3 Before the applicant can obtain a business license,the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code.This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections,cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met.The applicant currently operates two tattoo parlors in Virginia Beach,and is familiar with these requirements. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of the signage. Further conditions maybe 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. Fourth Shot, LLC Agenda Item 3 Page 4 Site Survey THIS IS TO CERTIFY THAT I, ON APRIL 29, 2016, SURVEYED THE PROPERTY SHOWN HEREON AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE AS SHOWN HEREON. THE IMPROVEMENTS STAND STRICTLY WITHIN TILE TITLE LLNES AND THERE ARE NO ENCROAC�TS OF OTHER BUILDINGS EXCEPT AS SHOWN. SIUNED:�...510r//F°n/ NOTES: O NEG 'x(UNSRA€N PI e � A.:C(31301NC TO i EN A MAP FARE-NO S6 , ME PCN9p Ago w .nu P „ n i/ I/1 u EDF 9LVbdlS I/ /A V/ r____600 Y �`y _._ ii / P c yE L] N ZO2YJT E • �yo m 13 2 r ro '/ iii �� 11 SBI 1-11 �, 3/3 ASPHALT I , Rd9 0s=a - of 33 ORIOLE ORM ASA EN ROAD (720R/W/ PH YS:CAI SURVEY OF PARCEL LABEUE_D "L. EVFRETT' PLAN UH PROPLH-Y OF O.L. SIAL DI & M M I VEGGIE + VIRGINIA BE 4LU VIRGINIAi� OOH C F • I10USNC. GCc WIRD O HOLIES • yf SCRIF I. 3 30 MOTT FOR PLAT SLE WARD M. HOLMES ",` AB 94 PC 33 o A. LAND SURVEYOR. P . 4Z sups/e) 5 GRANBY YREEC NORFOLK, VIRGINIA 23003 oeuAn di ox 707-4B0-1230 PROLRL NO It-565 969/48 Fourth Shot, LLC Agenda Item 3 Page 5 • Proposed Floor Plan DRY EMERGENCY STORAGE .. EXIT 14' 3" EXISTING I'1I JANITORIAL O CLOSET 8' 711 WTR MOP * _ SINK „ _ __ \ _ DRAWING 8' 5" • EXISTING p 1 AREA RESTROOMS8 '—" �t 13' 8 1/2"-$ DRAWING , 5" • /1'.-j _ AREA SINK BOOTH - BOOTH SINK 81' 11 1/2 AREA AREA ., 13181; "_ 15'n BOOTH BOOTH SINK AREAj1 j',' 1 AREA \ 1 < /41 Q w C CC er til INDEPENDENCE 19' 511 L9zo 0 TATTOO IV Z a Z 1017 LASKIN ROAD Q Lu v c VIRGINIA BEACH VA w C TOTAL AREA:2537son \ H I 32' 4 CONSTRUCTION GUIDELINES WALL DETAIL ` .ikAs os ibRGfHfR"K6`TIwALRAT h Wood Frame&Drywall -FULL WALL ACROSS LOBBY WI40"MID LEVEL SWING DOORS -WALLS TO BE MADE WITH STANDARD WOOD FRAMING -WALLS WILL BE FINISHED WITH HIGH GLOSS DURABLE&WIPEABLE PAINT -FLOOR WILL BE COVERED WITH HIGH IMPACT LAMINATE -TATTOO AREA WORK COUNTERS WILL BE SOLID NON-POROUS TOPS -ADEQUATE LIGHTING WITH AT LEAST 50 FOOT-CANDLES OF ILLUMINATION PER DPOR UTILITY LINES WILL BE ELEVATED ABOVE FLOOR -EACH BOOTH WILL CONTAIN:HAND SINK,FOOT OPERATED WASTE RECEPITACLE,SHARPS CONTAINER.&STORAGE BOX. -JANITORIAL CLOSET WILL CONTAIN MOP SINK •ALL PRE EXISTING.KNEE HIGH WALLS&FOURI SSINKS TO BE INSTALLED Fourth Shot, LLC Agenda Item 3 Page 6 Rendering a U S 1 11 411 1' A 1 fp Fourth Shot, LLC Agenda Item 3 Page 7 Rendering C C e Fourth Shot, LLC Agenda Item 3 Page 8 Rendering Ilk i illin 0 Vt " IIlima W, Fourth Shot, LLC Agenda Item 3 Page 9 Storefront • L447., IC Q sow z CD C5ec f O > m WC� 11 I - WZ_ Y C6 N Q 1 O .11 Fourth Shot, LLC Agenda Item 3 Page 10 Storefront I ;,.r ' ens x. . it _ . . _.Ili \i 11 , , ..:-.'1.' .44411.4i S « v,. a * IrCommerdal � ace 1017 Laskin Road Vir inia Beach V I Fourth Shot, LLC Agenda Item 3 Page 11 Site Photos ; • 4 III - VI Fourth Shot, LLC Agenda Item 3 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME Fc arH 64#cT , o�o— 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 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 1of7 ❑ AMP( (FVNCI nnn .n nivmc n ❑ '�<vv �s H 1p5//7 Al Jimmy McNamara Fourth Shot, LLC Agenda Item 3 Page 13 Disclosure Statement r NB 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 _ Fourth Shot, LLC If an I LC, list all member's names: — LADECr-tia-IIE._ i j�`ie-esstXL-v.# If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) TNDEPENDCi 6 W TTCO=- I-Dt,y -j_itoCPc-r4pc-btc.E (3wo, U3, VA 3-34ss DEpeslPENCE 14TTa.T_IC- cjq-gq kPrintona Awv-9-ani v% vA, a3'Iba See next page for information pertaining to footnotes' and 2 o p SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nroperty owner is different from Applicant. n Check here if the PROPERTV_OWNER IS NOT a corporation, partnership, firm, usiness, or other unincorporated organization. Check here if the PROPERTY OWNERS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:" C`°'i hi-Cs- If an LLC, list the member's names. President&sole officer of C& L Housing, LLC — -� —_. Page 2 of Fourth Shot, LLC Agenda Item 3 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) n 99 i President&sole officer of C& L Housing, LLC (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 or pa radon directly o indirectly owns shares possessing more than 50 percent of the voting power of another corporation r' See State and Local Government Conflict of Interests Act,Va. Code § 2.23101. Aft plated business entity relationship' means relationship, other than parent-subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity. OP a controlling owner in one entity is also a controlling owner in the other entity, or ;iii) there is shared management or ontrol between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of Fourth Shot, LLC Agenda Item 3 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE 1 I PROVIDER lase additional sheets if rn needed) • 1.0 Accounting and/or preparer of VA /��CO NFVIq�vVieL�. our tax return J Architect/ Landscape Architect/ -- -- Land Planner ' n Irt r'k`s attire,. ?'C'. Contract Purchaser(if other than F. the Applicant)- identify purchaser and purchaser's service providers { Any other pending or proposed 1 I2 purchaser of the subject property fGJ (identify purchaser(s)and purchasers service providers) Construction Contractors , Engineers /Surveyors/Agents Financing (include current f 4J rn mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I ~ /� 1 Legal Services � SLAwp CoAlt Lin YL.c, P / Real Estate Brokers / sip`II Agents/Realtors for current and anticipated future sales of the subjlectprorty o p SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE -- - — YES NO Does an official or employee of the City of Virginia Beach have f r� 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 Fourth Shot, LLC Agenda Item 3 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VRDA meeting, or meeting of any public body or committee in connection with this Application. _ MA %k,ne_ 4.,g 11 9/2L/110 •APPLICANT S SIGNATURE PRINT NAME DATE Page 5 of 7 Fourth Shot, LLC Agenda Item 3 Page 17 Disclosure Statement OWNER Virginia rVES ' NO SERVICE IPROVIDER use additional sheets if ' needed Accounting and/or preparer of • ..��ll your tax return ft\CV'1c- MCV • Architect/Landscape Architect/ Land Planner n ISL. '>P'(h. n Contract Purchaser(if other than yrthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I ,,fl iii purchaser of the subject property n (identify purchaser(s)and ��// purchaser's service providers) Construction Contractors nzy f Engineers/Surveyors/Agents I Fimortgage oercurrent mortgage being holders and lenders ' selected or beinconsidered to provide financing for acquisition � or construction of the property) ✓ Legal Services Real Estate Brokers / 7 Ie leo li- ' Allem t [e Agents/Realtors for current and if y ' anticipated future sales of the subject property _. c-- e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • I an interest in the subject land or any proposed development contingent on the subject public action? j If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Fourth Shot, LLC Agenda Item 3 Page 18 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNERS SIGNATURE PRINT NAME; 1.1 DATE _ 1 Page 7 of Fourth Shot, LLC Agenda Item 3 Page 19 Item 43 Fourth Shot, L.L.C. Conditional Use Permit 1017 Laskin Road District 6 Beach December 14, 2016 CONSENT An application of Fourth Shot, L.L.C. for a Conditional Use Permit(Tattoo Parlor)on property located at 1017 Laskin Road, District 6, Beach. GPIN: 2418-61-7063-0000. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of the signage. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 3. AYE 11 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 3 for consent. Donald Brockwell appeared before the Commission. ____, J-LID c.______ _5 4,3,.., \ \ 7,---m----7 � aco � \ \\,i, r_:. -i-. ___,,_ r _ 0 i --------,, \ \'. _ ["--- . 7:5Ln 1 ' 1 6 . \.\\, , \ ',., �N _±--_- 4 ' \rl r___— _--f_—__=-,' _________, \-44 i cp--- ri T- ,.//c4 1 _________3 ''' --c 0-- •=t___ _ L LI Maximus Sq / `� -__,- -----"------ - -:ct CiainirierikAttaii ci----- _-_-_-_>--------- -. \.,., - ii6 ' "1 7 CV , N N l 411 ,‘, ta.k ______ __-- t� '1 4111 .... vh vw.....11., vs. MINI& . mk r CO N a Fountain Lake Drive . 17 L-1----'/J (37* L., c-p_t_- 4 , ,,J • i i L� / * 1-y -1. - a; / 001 N orlsi grr T- a LrZ AP A 47 Q ' ilir -' ,'c \ \ :66t, il gill W Z --- - ,_ ili i i ii,iii [ -- f; 6 / f 41: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JANICE P. FUCCI [Applicant] BIRDNECK ASSOCIATES [Property Owner] Conditional Use Permit (Tattoo Parlor) 515 North Birdneck Road (GPIN 2417589126). COUNCIL DISTRICT— BEACH MEETING DATE: February 7, 2017 • Background: The applicant requests a Conditional Use Permit for a Tattoo Parlor to perform microblading within a hair care salon in an existing strip center on North Birdneck Road. Microblading is the process of using a series of small needles to place pigment into the skin, but not as deep as tattooing. Microblading is a technique commonly used for the application of permanent make up. The Zoning Ordinance classifies this technique as tattooing; therefore, a Conditional Use Permit for a Tattoo Parlor is required. • Considerations: In Staff's opinion, the operation of a tattoo studio within this existing commercial strip shopping center is compatible with the uses in the center as well as uses in the surrounding area. No exterior improvements to the building are proposed. The applicant has been made aware of the Health Department's requirements regarding standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. 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: City Staff recommends approval of this request. 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. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. Janice P. Fucci Page 2 of 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep m ency: Planning Department =�h ,,,( City Manager: Applicant Janice P. Fucci Agenda Item Property Owner Birdneck Associates Public Hearing December 14, 2016 5 City,,, City Council Election District Beach Virginia Beach D iv,gree` Request ,..4.7r+• i orraeor;k d e P / 511`qrc ,. Conditional Use Permit (Tattoo Parlor) 11.0"1446 a APZ2 1 0,4,ee1 d' 1 o 'o I wow; �.° Dr Staff Planner / s 1°"'«` 2 ?� 65.70 dB DNL Jonathan Sanders •Ser�1 `Sfrpa 1;p0 S`f`; ...1Neuree Rh,.6antCo , II -121St greet APZ2 70-75 dB DNL Location 515 North Birdneck Road 26. 1��5 ' GPIN >75 dB DNL a° a 9TM gree' ` en`gree 2417589126 AmencusAvenue m ° „e 4.1‘,0”.eeach•°u\6TM greet Site Size ever Avenue Bloom Park way �_ 2.03 Acres m APZ7 ,STM greet 1.1 ,A11,glees AICUZ i ' APZ2 ; 't ae to ane o Greater than 75 dB DNL; APZ 2 jTMg"` Existing Land Use and Zoning District Hair care salon/ B-2 Community Business Surrounding Land Uses and Zoning Districts - ,n { '';- sem `"y"•' ' '_ r -' North � _ Single-family dwelling/A-12 Apartment A.," ° "' '/' k •r"1-South r .�t1 .. Old Virginia Beach Road - I' ; F' ";,-._- ` ,� s 4' 1 1� Single-familydwellin s/A 12 Apartment , ...? - ,�. ' % `r g p c s �� East _ �; la Birdneck Road i , r « _ ` �« } 1 Apartments, mixed retail/A-24 Apartment, B-2 OP „ �I •—"-- Community Business , ; ' :n1u,aN 1` •. f t � West ` , fT' , t Apartments/A-18 Apartment s- *4-, :.. ri, :, - Janice P. Fucci Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor to perform microblading within a hair care salon in an existing strip center on North Birdneck Road. • Microblading is the process of using a series of small needles to place pigment into the skin, but not as deep as tattooing. Microblading is commonly applied to the eye brow area and typically lasts for several years. • The Zoning Ordinance classifies this technique as tattooing; therefore, a Conditional Use Permit for a Tattoo Parlor is required. • The applicant anticipates that there will only be one employee at the site. • The typical hours of operation are proposed as 9:00 a.m.—5:00 p.m.,Tuesday through Saturday. A-24' A-18 O er 3 A-12 co mY a I G• 70.75 OR DNL A za Zoning History A-18 • A a # Request ♦ou a 1 CRZ(R-7.5 to Conditional 0-1)Approved 10/09/2001 .75 de DNL ♦ • 2 CRZ(R-7.5 to Conditional A-18)Approved 07/13/1999 / A2 "Vail B-2 A-12 — $� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Janice P. Fucci Agenda Item 5 Page 2 Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is developed with a strip center and a parking lot, 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 North Birdneck Road 22,020 ADT' 14,800 ADT'(LOS°"C") Existing Land Use 2-62 ADT 27,400 ADT 1(LOS°"E") Proposed Land Use 3- 18 ADT 'Average Daily Trips 'as defined by a specialty 3 as defined by a tattoo parlor °LOS=Level of Service retail shop Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Birdneck Road in the vicinity of this application is considered a 90-foot wide, four-lane divided minor urban arterial. The MTP proposes a six-lane facility within a 165-foot wide right-of-way. There are no roadway CIP projects planned for this area. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor(microblading), in Staff's opinion, is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as the request is compatible with the surrounding commercial uses. No exterior improvements to the building are proposed. Staff recommends a condition to address signage, consistent with other recent similar applications for tattoo parlors. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meet all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Janice P. Fucci Agenda Item 5 Page 3 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Janice P. Fucci Agenda Item 5 Page 4 Site Layout A-1 APZ2 ---t C 1 ' E A) 2 -_ ..... • , CL 3 = c S' 70-75 dB DNL , .--- ill : 1 ili-t- CD 1 w FA-24. 0 73 • ' DI -' \ / 1 - MN • "iv 41/ Li-Li_1--, APZ2 A-1 8 4 Unit 0 • 1 0 S, B-2 >75 .B DNL . •\. 11 . , . , 1 , __, ! B-2 Old virg - inia Be ach Janice P. Fucci Agenda Item 5 Page 5 Site Photos . g- I n . I ia-; ►...�-6- _ .. u.,ws�:,,.� _-.inn"''"`_�Y. ..-�� � _r., a _... MOW 11111 ` �.rrF orkl 5 T Yi Is 1111111111111 a 111 .17 • eI ,:•111. Janice P. Fucci Agenda Item 5 Page 6 Disclosure Statement iNiB Virginia Beach APPLICANT'S NAME_ice-hl_ e-PTOc- - ( 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 Boardsf Zoning Encroachment Request Rezoning Appea 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 • S The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE F ma CITY USE ONLY/All disclosures ten=,he updated woo td)weeks prior m any Pagel of 7 f- Planmnq Comm u'Ion and Cary C annul meeting Ulm pertains to the appllcanonls) I 0A PPI ICANT NOTIFIED OF HEARINC DATP //// {� NO CHANCES AS Or DAIE i /2,3/17 js Jonathan Sanders L n RE\'ISiONS SUBMIT'ED UFIB / Janice P. Fucci Agenda Item 5 Page 7 Disclosure Statement Check here if the APPLICANT IS NOT a corporation, par4ne[6�ii7, irm, 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: JP, T-1 f r 1 If an LLC, list all member's names: rit . r 7, I If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 11. (Nib „ k Ort'Ai -1 See next page for information pertaining to footnotes' and 2 X • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I I Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Z Check here If the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN complete the following. y� G !�� �t� (A) List the Property Owner's name_,BRI iLf�1__AW-TI Q'i If an LLC, list the member's names: Page 2 of Janice P. Fucci Agenda Item 5 Page 8 Disclosure Statement • awe Virginia Beath If a Corporation, list the names ofall officers, directors, members, trustees, etc- below'. (Attach list if necessary) r • • I , (8) List the businesses that have a parent•subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) L , fr _ I " i'Lr ' 'F1' , 'Parent-subsidiary relationship'. means a relationship that exists when one corporation directly or indirectly ownsshares possessing more than 50 percent of the voting power of another corporation" See State andocal Government Conflict of Interests Act.Va. Code § 3 2-3101. 3 "Affiliated business entity relationship means "a relationship, other than parent subsidiary relationship, that exists when ti) one business entity has a controlling ownership interest in the other business entity, 00 a controlling owner one entity is also a controlling owner in the other entity, or liii) there is shared management orcontrol 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 commingled funds or sets, the business entities share the use of the same offices or mployees or otherwise share activities, resources or personnel on a regular basin, or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va Code § 22 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 Janice P. Fucci Agenda Item 5 Page 9 Disclosure Statement oaW APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ 0 Accounting and/or preparer of W your tax return ❑ ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ L2 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ [ Construction Contractors ❑ CO Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition i� or construction of the property) ❑ Es Legal Services Real Estate Brokers/ ❑ l� Agents/Realtors for current and �Y2 anticipated future sales of the sub'ect ire rer • • 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 Janice P. Fucci Agenda Item 5 Page 10 Disclosure Statement V� Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. 443JILC c Farr.) 9/7/40 PLICANT'S 5 al PRINT NAME DATE Page 5 of Janice P. Fucci Agenda Item 5 Page 11 Disclosure Statement OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets if needed) [ 1 I� i Accounting and/or preparer of �1 your tax return n m Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ C the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed • Hpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) nEConstruction Contractors ❑ I—x Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n7 Legal Services Real Estate Brokers / ❑ f- Agents/Realtors for current and LY.. anticipated future sales of the subject property 4 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 z an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Janice P. Fucci Agenda Item 5 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 0:± f• hk7 ui i 'I::-.CG-j' N I' '_ PROPERTY O 'NER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Janice P. Fucci Agenda Item 5 Page 13 Item N5 Janice P. Fucci Conditional Use Permit 515 North Birdneck Road District 6 Beach December 14, 2016 CONSENT An application of Janice P. Fucci for a Conditional Use Permit(Tattoo Parlor)on property located at 515 North Birdneck Road, District 6, Beach. GPIN: 2417-58-9126-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 5. 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 5 for consent. The applicant Janice Fucci appeared before the Commission. \\6 ,, f -- 7.:: Y 0 Z ,.,4-- .4 --"Z- 0 .7} lic -. IN 1, . .11\ • ill*:!.. i �ill _% > ap -L I J r .J 110 1 F , 0. >) 1.,. \ei6 .../ .:..-,..iii. 4 %11 Kt) N Galer3,................/ 1i ;-:- '' ?dri X1° Ar4t GI 1 i la ...e.'''''-'.--*-""-- ti/ '...:' /deerillP tirx '1 ek . • f 1 G '''' ./ I r' 1 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD SCOTT ALLEN [Applicant] LINDA B. ALLEN [Property Owner] Conditional Use Permit (Residential Kennel) 3769 West Neck Road (GPIN 2402227621). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 7, 2017 ■ Background: The applicant requests a Conditional Use Permit for a Residential Kennel for up to 10 hunting dogs. The applicant currently owns six hunting dogs and during the process of obtaining a kennel license for the dogs, it was brought to the applicant's attention that a Conditional Use Permit is required when more than four dogs are kept on a residential property. • Considerations: The 71.66-acre site is mostly wooded and is adjacent to West Neck Creek. According to the applicant, most of the surrounding property owners are family members. In Staff's opinion, the proposed request is consistent with the Comprehensive Plan's land use policies for the Rural Area and is compatible with agricultural uses and large lots characteristic of the surrounding area. 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: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ::1z:::P,:1 .jn11 Planning DepartmenOix Applicant Richard Scott Allen Agenda Item Property Owner Linda B. Allen Public Hearing December 14, 2016 city„ City Council Election District Princess Anne Virginia Beach 7 Request - , Conditional Use Permit (Residential Kennel) Staff Planner Robert Davis r 65.70 dB DNL / Location '',,a,. 70.75 dB D01 %..'A• 3769 West Neck Road 7 GPIN 4 2402227621 Site Size '� 71.66 acres 3, AICUZv, o Less than 65 dB DNL �" Existing Land Use and Zoning District Single-family dwelling, cultivated fields/AG-1 & AG-2 Agricultural • tL,t. Surrounding Land Uses and Zoning Districts ' ,'•-A r, ,,... '''%'N•�• '4,,y.,.. •'J,,w' North .''� ` ,� t � �x Single-family dwelling/AG-2 Agricultural t 'x= South w t:iit..•-!.*9. 0# ., Y '^ ' .' , West Neck Creek/AG-1 &AG-2 Agricultural � ,I �', ;. ,k East ..., . :II-- _'� West Neck Road ` i' �' �� West Neck Creek/AG-1 &AG-2 Agricultural •.. 9 (`• l � .West ; - rr.. Single-family dwelling, farm/AG-1 &AG-2 Agricultural (>, .p1;,,,4i.',4 ,t ziA.p , et# x 4'....,;.:-:40.1/4;:,,,,!..2.4., Richard Scott Allen Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Residential Kennel for up to 10 hunting dogs.The applicant currently owns six hunting dogs and would like to have up to 10. During the process for obtaining a kennel license for the dogs, it was brought to the applicant's attention that a Conditional Use Permit is required when more than four dogs are kept on a residential property. Previously, the applicant was unaware of the requirement for a Conditional Use Permit. • Section 111 of the Zoning Ordinance defines a Residential Kennel as any premises upon which more than four dogs over six months of age are kept as pets or for hunting, exhibiting, dog shows, or field and obedience trials. Section 401 of the Zoning Ordinance requires a Conditional Use Permit for a residential kennel on a site zoned AG-1 Agricultural. • The 71.66-acre site is mostly wooded and is adjacent to West Neck Creek. According to the applicant, most of the surrounding property owners are family members. • The property contains a single-family dwelling and six kennels located in the back yard, one for each of the dogs he currently owns. Each kennel is six-feet wide by ten-feet long with a concrete floor, and is enclosed by a six- foot tall chain link fence. y6544 DI& I AGI 4®411r � AG-1 ''.�� AG-2A - A -4u:10, AG-1 o Zoning History / /0/ * .it, # Request •! tr1 CUP(Single-family dwelling)Approved 06/14/1994 \ A 2 CUP(Communications tower)Approved 08/11/1998 \ AG-2 3.-C AG-1 n AG-1 _ \ . iv Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable Richard Scott Allen Agenda Item 7 Page 2 environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. (p. 1-120) Natural and Cultural Resources Impacts The property is within the Southern Rivers watershed and adjacent to West Neck Creek. Most of the site is wooded and is located in the 100-year floodplain. There are no known significant cultural resources on this site. Public Utility Impacts Water & Sewer This property is not served by City water or sewer.The private well and septic system is currently approved by the Health Department. Evaluation and Recommendation In Staff's opinion, the proposed request for a Conditional Use Permit for a Residential Kennel is consistent with the Comprehensive Plan's land use policies for the Rural Area and is compatible with agricultural uses and large lots characteristic of the surrounding area. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings.The existing kennels meet this requirement. According Traffic Engineer Staff, the requested use will have no traffic impact on West Neck Road. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The applicant shall comply with the provisions of Section 223 of the City Zoning Ordinance that pertains to a Residential Kennel. 2. No more than 10 adult dogs shall be permitted to live on the property at any time. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. 5. No land disturbance or dog runs shall be permitted within the 50-foot Southern Rivers buffer. 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. Richard Scott Allen Agenda Item 7 Page 3 Existing Site Layout "�� C: - .._ ,- fi , ° a : tfte,`. Location of Kennels . ti: , " \ii. ,Ti ....t.. ,. . t ad`•s yam, ." s. l %/ ++ .. , 4 T`` r ;,r♦ !ai-. 4,r� •.. /�• Pt'6•' %4714 `� -- ', j4a; • ..� .. ,t r , . x .4i! I. r 4tf iii. . 'dr*'' - 1- - a 04 i Cit*'. '?'4 �, .,ate 0- 4 '''' All • ';,e.,,-11... !. -K • . •'�I ' f..`-i. •. t .1^„' _•l•�r r 1,. �- y • • •-. _ k t . .. pe, .... - ..,... .. .... - . . . ..._ _ . . . . .. 3 Jam. „.4. j. •/, a 'e° j/'/Qi ,yr •1` .r 4 n . rAo`. 7 tt 4 �+`•.+ ;t+. }. , • 1-*".-"' r ;t�• „; 4rWAS Neck Roa � •' . r. - V"..41-........ti,. , ;� • �Dt ' t 'ryLr - �, ` 11-4. w. k - . •1l, a�A { - . Richard Scott Allen Agenda Item 7 Page 4 Site Photos •, ,-%, .. .4. 7,1 i% >'` y!') '.1 . 4-.:, --‘,3,, may;\Y, Y 1?),,, '} + `,. '----e,,..:.*. ' : 1 •+, r ,. L F �k / y -y i t• ♦.>• r I,. - .,..,,,,-56:: .,--.ye :-.:44‘. . • ...,..,-„,..:x.:..., i H.. ".-'-'41,v,. fix• `'~• 2 yam' .r r . S -*V".. .p.. ..- .. a ,: Richard Scott Allen Agenda Item 7 Page 5 Disclosure Statement („Vii Virginia Beach APPLICANT'S NAME Fic:11,Ya1 Scot} Allen DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CIT:'USE ONY/All dpsclosurr S MII5, br updated (2) rocksp. any Page I of 7 I PI- ring n _ and City C l mee(my thatV loreto the pP ( nb). APPLICANT NOTIFIED or HEARING oA:r il 3 NO CHANGES As or UAIE. / 14Robert Davis/a o . a/4" REVISIONS SLAW,TED OF IE Richard Scott Allen Agenda Item 7 Page 6 Disclosure Statement m Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 14 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: I / L6/547 If an LLC, list the member's names: Page 2 of 7 Richard Scott Allen Agenda Item 7 Page 7 Disclosure Statement ,F+Y� 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 'arelationship to t exists when one corporation directly m indirectly L shares possesing more than 50 percent the voting power of another corporation.'ee State and Local Government Conflict of Interests Act,Va Code§ 2.2-3701. 2 "Affiliated business entity relationship' means 'a relationship, other than relationshi that exists when parent-subsidiary her p. (i)one r in business entity has also controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Codes 2.2-3101. • 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 SEPERAT ELY Page 3 of 7 Richard Scott Allen Agenda Item 7 Page 8 Disclosure Statement anal APPLICANT Virginia Beach YES f NO SERVICE PROVIDER(use additional sheets if needed • LJ Accounting and/or preparer of your tax return ❑ 'uf Architect/ Landscape Architect/ Land Planner ❑ IJ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers �-{, Any other pending or proposed ❑ LJ purchaser of the subject property (identify purchaser(s)and / purchaser's service providers) ❑ ,I,v�,( Construction Contractors ❑ Fl Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition r--y or construction of the property) ❑ Ey Legal Services ,_../ Real Estate Brokers / ❑ Ll Agents/Realtors for current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Richard Scott Allen Agenda Item 7 Page 9 Disclosure Statement lB Virginia Reach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VROA meeting, or meeting of any public body or committee in connection with this AME Application. /,A/ _,0;00;0 '.1. W \ [� APPLICAND5 SIGNATURE PRINT NAME 5�� �`e� AE'� Ilta DATE Page 5 of 7 Richard Scott Allen Agenda Item 7 Page 10 Disclosure Statement OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner ❑ G Contract Purchaser(if other than the Applicant) -identify purchaser and purchaser's service providers Any other pending or proposed ❑ El purchaser of the subject property (identify purchaser(s)and �J purchaser's service providers) ❑ L� Construction Contractors ❑ d Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders E selected or being considered to provide financing for acquisition or construction of the property) ❑ LI Legal Services Real Estate Brokers/ ❑ 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 El ,s 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 Richard Scott Allen Agenda Item 7 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �j��p o /J i:t .E->CfiGG"P-r-. _ f Zr i f� JY 9,2/ (0 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Richard Scott Allen Agenda Item 7 Page 12 Item#7 Richard Scott Allen Conditional Use Permit 3769 West Neck Road District 7 Princess Anne December 14, 2016 CONSENT An application of Richard Scott Allen for a Conditional Use Permit(Residential Kennel)on property located at 3769 West Neck Road, District 7, Princess Anne. GPIN: 2402-22-7621-0000. CONDITIONS 1. The applicant shall comply with the provisions of Section 223 of the City Zoning Ordinance that pertains to a Residential Kennel. 2. No more than 10 adult dogs shall be permitted to live on the property at any time. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. 5. No land disturbance or dog runs shall be permitted within the 50-foot Southern Rivers buffer. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 7. 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 By a vote of 11-0,the Commission approved item 7 for consent. The applicant Scott Allen appeared before the Commission. J;__.. 1t i r .0 r f .{ {-, t. r � 'i rr ' J `r D. Y� r 1 . co r_ ; 1 c II Ha I 1.--•.-J--__ - / /Y $at e Lane . i __.. . ...-- , - _._.__ 1 .. , _ . , 731 . . rim: i L___ ., _____i .,1, 1 . •. • , , ---i__ 1 ....J ... li nT____....... . .1 / .,. , 1 O `` if fir, . N. \ \:. 3 r- s\ , . . , ..., ,... ricon$ __...„.. , . ...___ eAY% . ti �. 73 I ((' ,1 �ea�. - 01, 1 \ .t , 9 _., t ,, , ..36. \ "s:....4. 0 , , .,-, c-----u \ , , _ , , , „, 0\ . ty,, ul____J . . , , ‘, ..„, _ , ,.. , ., , , , 6,,,, ii ~� ii„ / \ i LI I i'1 J t ` 1 l IiI ,'` _ \ 1 N. . xi 0 -- --- ' ti l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PENNY S. LAZAUSKAS [Applicant & Property Owner] Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) 1704 Grindstone Court (GPIN 2404642089). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 7, 2017 • Background: The applicant is requesting a Conditional Use Permit for Home-Based Wildlife Rehabilitation for up to 12 reptiles and small mammals, such as squirrels, opossums, rabbits, snakes and turtles. The applicant is a volunteer home-based rehabilitator with a Category II license with the Virginia Department of Game and Inland Fisheries. According to the applicant she currently works with reptiles and small mammals that remain indoors during their rehabilitation; however, she plans to construct an outdoor cage and place two crates in the southern portion of the backyard. • Considerations: As is typical of home-based wildlife rehabilitation, the injured or orphaned animals can be within the home for up to three months prior to release. All animals will be kept in cages inside the home and moved outdoors to crates and kennels as weather and rehabilitation allows. The backyard is enclosed with a six-foot privacy fence. In addition, the property backs up to only one dwelling and a wooded area that is public right-of-way. The nearest dwelling is approximately 50 feet from the proposed cage and kennel area. According to the applicant, she has discussed this request with her neighbors. Staff is not aware of any concerns or complaints. 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. Pennymarie S. Lazauskas Page 2 of 2 ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen S'ye. / 0 City Manager: Applicant & Property Owner Pennymarie S. Lazauskas Agenda Item IN/B Public Hearing December 14, 2016 City Council Election District Princess Anne Virginia Beach Request fids Conditional Use Permit (Home-Based 6570dBONL MC` w4k, Wildlife Rehabilitation) ,,� T Staff Planner .°i °,o Robert Davis - -- I cc d i�`O°♦ yC y0, Location d�,, �t 1704 Grindstone Court e GPIN 2404642089 `�, Site Size FergusonCO �°�•'�° 13,681 square feet ° AICUZ "yOn"^` a 5,� 65-70 dB DNL; Sub-Area 2 Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential •Surrounding Land Uses and Zoning Districts j '•I " n>-r , - North I f., '� Single-family dwellings/ R-10 Residential ` �� _ : -op t ,1. Clii South 41 .4, 1 Woods, Single family dwellings/ R-20i �� f. J> Residential l "` - East _ 4, 'ye -, • ...-7.- . . " f Single-family dwellings / R-10 Residential _ e• ' i" West ! ":• _ . '� . Single-family dwellings/ R-10 Residential • o. ` s , s Pennymarie S. Lazauskas Agenda Item 11 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for Home-Based Wildlife Rehabilitation for up to 12 reptiles and small mammals, such as squirrels, opossums, rabbits, snakes and turtles. • The applicant is a volunteer home-based rehabilitator with a Category II license with Virginia Department of Game and Inland Fisheries. • According to the applicant, she currently rehabs mostly reptiles and small mammals that don't need to be placed outside. • The applicant plans to construct a cage and have up to two outdoor crates or kennels in the southern portion of the backyard.The cage will be eight feet by eight feet by eight feet, constructed of wood, wire screen, and have a two door system to alleviate chances of escape.The cage will also have a wire subfloor covered with cedar bark and pea gravel to keep rehab animals in and predators out as well as provide drainage.The backyard is enclosed with a six-foot privacy fence. • As is typical of home-based wildlife rehabilitation, the injured or orphaned animals can be within the home for up to three months prior to release. All animals will be kept in cages inside the home and moved outdoors to crates and kennels as weather and rehabilitation allows. • All animals will be transferred into the house from a vehicle or from the house into a vehicle when the animal is ready to be released via crates and/or plastic or glass display boxes. • According to the applicant, she has discussed this request with her neighbors. Staff is not aware of any concerns for complaints. N-to lt° , vioodeberry m 60 d e5•70 as owe m oo, m R-10' No Zoning History to Report R. p f R-2 I Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Pennymarie S. Lazauskas Agenda Item 11 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p 1-61) Natural and Cultural Resources Impacts The property is located in the Southern Rivers watershed. There are no known cultural or natural resources on this site. Public Utility Impacts Water & Sewer This site is currently connected to City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Home-Based Wildlife Rehabilitation on this site, in Staff's 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 purpose of the wildlife rehabilitation is to return injured or orphaned native animals to their natural habitat, as quickly as possible, providing them with reasonable chance to function and behave normally within its native population and ecosystem. Section 242.3 of the City Zoning Ordinance provides specific standards (listed below) for home-based wildlife rehabilitation. The applicant is aware of these standards and Staff believes that this request adequately addresses these requirements. All of the structures and cages used for home-based wildlife rehabilitation will adhere to the setbacks of the R-10 zoning district and will be no taller than eight feet. In addition,the cages or other wildlife confinement areas will not occupy more than 20 percent of the lot. In addition, the property backs up to only one dwelling and a wooded area that is public right-of-way.The nearest dwelling is approximately 50 feet from the proposed cage and kennel area. The backyard is enclosed with a six-foot high privacy fence which will provide adequate screening of the wildlife rehabilitation cage and kennels. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Center. 2. No animals shall be dropped-off between the hours of 10:00 pm and 7:00 am. 3. No animals shall be released at the subject site after being rehabilitated. Pennymarie S. Lazauskas Agenda Item 11 Page 3 4. The applicant shall maintain the existing six-foot high privacy fence that encloses the backyard such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. City Zoning Ordinance Section Sec. 242.3.—Home-Based Wildlife Rehabilitation Facility. Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age,size,species, and weight; (3) Adequate exercise; (4) Adequate lighting;and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries,and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and,if applicable,federal permits shall be kept in such a facility for more than twenty-four(24)hours.All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility within twenty-four(24)hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty(180)days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects,excessive odor,dust,noise,or other conditions deemed by the zoning administrator to be detrimental to the community health,safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach.The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste,shall be conducted daily in accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach. (i) All structures,buildings,or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty(20) percent of the lot on which the facility is located.Structures in which animals are confined shall not exceed eight (8)feet in height. (j) There shall be no signs pertaining to the use on the property other than one(1) non-illuminated sign, not to exceed one(1) square foot in area,that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility,and notice to the public of basic instructions for delivery of sick,injured,orphaned,or displaced wildlife. Pennymarie S. Lazauskas Agenda Item 11 Page 4 Proposed Location of Outdoor Cages . . . ..... . , a a .... II ' /....;..irt-,... . . • . . . , . • „ . . • . , ... ..- - 7” 7%.4;6-110 •-- 1/ ' ' ...4,,,, ...... .. _... ., lid' ' •?.i . . ,, . . .. .., Proposed Location of CageO a ,,• a _ - ,....ii.,, ..Z, fir.: -.Ai 440- • - , ------_ 40 • - 7'• •. _ . . — . ,- el.,,, , •- ...1 - V-At.., 'lir 4.6 to•I• . • ...-.-- I . . -'' ._ ,000%"" .. S. P .. • . a 1 WA• -— , — tilUtt 1 s_ ., ,0 A - ' • -- 'I V-P . • . . '' N • _, :. • i I° _,,,, 1., • t. . ..• . i , los„,;Pa. It ,.. j. 5.`'. . .,I,. . •- —__ - •16_ _ • 'I _' •- '4' 1, , ., ' ;,:.' ,!. ,.'i ' 1,14'.:•--.— • e0 • ,.'' ',' . 1 ., -1 411"-7'. •. ._ -, .• • .. ... . ' .•,4•1: N — .;9 • -Y. 4.— e• ... . . • ... , ....„„ ' • '• t s. , iirlit,-.•• 4 ... . .„.„ .,. • • . . .. , :. • • • _ . • ,. . . - , . „,,,,. ..•,,,... -. . . ,, • ' ....I — ) ‘:•'- 'r‘ .4%.-''''.- ••.... .:-_,-... ' - rk 4 . . .- .. —•. "..'i - ;It* . . _ ,..... -- . ,.. . ._ ,,.•ilk. '. ..........- . . vr. 401. • -•-- -.' •_. .• • '4 , , ,, , ,..4;Let.; ., , , *-.* ,,' — - . -• • \ . I K.. A-4,, . fi— .....4, / -iit..., . -77t4.. • ------------ ••••.. '.) _ • `... I . •,,,Z,' . 1:41(77 . • t .. , 1' • . „ilk, .• • V /' 7111. Pennymarie S. Laza uskas Agenda Item 11 Page 5 Site Photos l , - lir , 7,. ,.,..„.....,„,.. •,,,,,,... ...., ,.... . ..4, , • .:, • 4,4, . ip,A0 . . • aih y ';;;' ' I , �,. it .. I. ` !111 I 11 I i , , + ,f 1 II 1_. M. - G • 'i M' l • ' rte" M{� �•y�c.. • . '441-''''‘-- L: Pennymarie S. Lazauskas Agenda Item 11 Page 6 Disclosure Statement l irginia Beach APPLICANT'S NAME Pet'Oran& La2RUCKas 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 l ' Disposition of City F Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE �FOR CI v USE O1Lv/:'.Inbur d ) p i Page l of7 m, ,. necr CI . w u a- �,..(�aV or. I 0 APPLICANT NOTIFIED OFHEAR!tC l' 1 y,/ no CHA.:GES AS OF _i,__ / ,JA/ 7 1 Robert Davis L n REVISIONS SUBMITTED D. IL J Pennymarie S. Lazauskas Agenda Item 11 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: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach fist 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. ❑ 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 Pennymarie S. Lazauskas Agenda Item 11 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 z relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship means wa relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act Va. Code§2.2.3101. "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(p one business entity has a controlling ownership interest in the other business entity, lii)a controlling owner in one entity is also a controlling owner in the other entity,or 0ii) 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 regular basis; or there is otherwise a close working relationship between the entitles" See Stateand Local Government Conflict of Interests Act, Va.Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of Pennymarie S. Lazauskas Agenda Item 11 Page 9 Disclosure Statement I 71/473 APPLICANT Virginia Beach I I— I PROVIDER(use additional sheets if HES I NO/ if l SERVICE needed) 4 Accounting and/or preparer of L� -,{/ your tax return ❑ I Architect/ Landscape Architect/ LLLJJJ Land Planner Contract Purchaser(if other than Ellthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I—I 7 purchaser of the subject property 1 (identify purchaser(s)and purchaser's service providers) QConstruction Contractors a n : Engineers/Surveyors/Agents 6 f� a v t o r J.2/s ' Financing (include current Ch45e LTPfi>cY9a17 Ili El holders and lenders LJ selected or being considered to pai'ya ye provide financing for acquisition J ✓ or construction of the property) R/ Legal Services pi/ Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject ro ert ___ _.— - _... _.Y<=.._._. ._ ._____--o SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes 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 Pennymarie S. Lazauskas Agenda Item 11 Page 10 Disclosure Statement Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A•ucatio . • lemurkef rD :/ 'S 9CNAT PINT NAME DATE Page 5 of Pennymarie S. Lazauskas Agenda Item 11 Page 11 Item#11 Pennymarie S. Lazauskas Conditional Use Permit 1704 Grindstone Court District 7 Princess Anne December 14, 2016 CONSENT An application of Pennymarie S. Lazauskas for a Conditional Use Permit(Home-Based Wildlife Rehabilitation)on property located at 1704 Grindstone Court,District 7, Princess Anne. GPIN: 2404-64- 2089-0000. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Center. 2. No animals shall be dropped-off between the hours of 10:00 pm and 7:00 am. 3. No animals shall be released at the subject site after being rehabilitated. 4. The applicant shall maintain the existing six-foot high privacy fence that encloses the backyard such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 11. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 11 for consent. The applicant Pennymarie S. Lazauskas appeared before the Commission. FIIT I ...,„*.\,„..'''..\\\\ \\,,, 1 \ \ \ --- 1 _------- .---.- 1 t. i __.. . .. I r, I . I , 1 \ . I. \ \ 1 , . . , . - ______------- .._. . ,, ,- . , lk . - CO , --- ,, • ...„- \ so.' iikouw wr o 7,„,. 0 „.......„ ......__-- 00 Oka' 0 v . c:( \ LC) CO [ .---.. ° ;. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EXPRESS OIL CHANGE & TIRE ENGINEERS [Applicant] SARROW ONE, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) 2136 Princess Anne Road (GPIN 2414240318). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 7, 2017 • Background: A Conditional Use Permit for an Automobile Service Station was approved on this site in 1995. As a result, the site is developed with a convenience store, fuel canopy and eight pump stations. This business has not been in operation for over a year. The applicant requests a Conditional Use Permit in order to fully redevelop the site with an 11-bay automobile repair garage. Services proposed include oil changes, tire service, engine repair and transmission work. No body work will be performed on the site. All repairs will take place within the proposed building. • Considerations: The proposed use will replace a non-operational automobile service station with a similar auto-related use. At Staffs request, the applicant has revised the proposed elevations to complement the design and building materials of the buildings located within the nearby Red Mill retail area. The applicant has also reduced the height of the building to match the height of other one-story buildings in the immediate area. Additionally, the number of overhead garage doors facing Princess Anne Road has been reduced to five. The plan depicts substantial enhancements to the landscaping along the right-of-way to aid in screening. It is Staff's opinion that replacing the existing automobile service station with an automobile repair garage will not change the character of the existing shopping center or the surrounding area. The lack of residential development in close proximity to the site combined with the changes to the building and the increased plant material proposed contributed to Staff's recommendation for approval. 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: City Staff recommends approval of this request. 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. Express Oil Change & Tire Engineers Page 2 of 3 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "CONCEPTUAL SITE LAYOUT PLAN OF EXPRESS OIL CHANGE &TIRE ENGINEERS 2136 PRINCESS ANNE ROAD VIRGINIA BEACH, VIRGINIA" dated September 6, 2016, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design, size and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Express Oil Change &Tire Engineers Single Building — Right Hand Oil Change (Hurricane)Virginia Beach Virginia, (Exterior Elevation — Front, Exterior Elevation — Rear, Exterior Elevation — Left & Exterior Elevation — Right)" dated November 21, 2016, and prepared by Aho Architects, LLC.. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted during site plan review process reflective of the plant material depicted on submitted site layout plan referenced in condition one above and in accordance with the Virginia Beach Landscape Guide. Said plan shall be approved prior to final site plan approval. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting in the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 5. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. All vehicle repair shall take place inside the building. 8. No outside storage of equipment, parts, or materials shall be permitted. 9. There shall be no outside storage or display of tires. Express Oil Change &Tire Engineers Page 3 of 3 10.No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11.There shall be no storage containers outside the building or in parking spaces. 12.The dumpster shall be enclosed with a either a solid fence or a wall constructed of brick that matches the building, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 13.There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dei it r • •ency: Planning Departmen City Manager: buss Applicant Express Oil Change & Tire Engineers Agenda Item Property Owner SarroW One, LLC Public Hearing December 14, 2016 13 ()11 y/ City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) 1111 Staff Planner 1 �- Jimmy McNamara 1, c9 i5-70 dB DNL ,e' F w `€ 8v. h v Location Iir2136 Princess Anne Road ter; GPIN / 2414240318 W Site Size Tree Gardrn Way 0.97 acres �� a�� r,�°A, AICUZ '6of 65-70 dB DNL; Sub-Area 2 ®a Existing Land Use and Zoning District Gas station/ B-2 Community Business Surrounding Land Uses and Zoning Districts ` \ �� itre. 42. t•44 North ` . '. V. i,�' Elson Green Avenue >. Retail/ B-2 Community Business +y R South - ►'''' „ , Retail/ B-2 Community Business 1,;+ - East Mixed retail/ B-2 Community Business • ;. 4C, •- West E • Princess Anne Road � tz "` Wooded/0-2 Office R ,1, e r r x : * �-tv; PA' • .� AT ,.r , tir� • r \e. r )+ Express Oil Change &Tire Engineers Agenda Item 13 Page 1 Background and Summary of Proposal • A Conditional Use Permit for an Automobile Service Station was approved on this site in 1995. As a result, the site is developed with a convenience store,fuel canopy and eight pump stations. This business has not been in operation for over a year. • The applicant requests a Conditional Use Permit in order to fully redevelop the site with an 11-bay automobile repair garage. • Services proposed with this new operation will include oil changes, tire service, engine repair and transmission work. No body work will be performed on the site. All repairs will take place within the proposed building. • The hours of operation are planned as 8:00 a.m. to 6:00 p.m., Monday through Saturday. It is anticipated that up to nine employees will be on the site at any one given time. • The proposed 4,650 square-foot building will be approximately 32 feet tall with exterior building materials of brick, split-face CMU and a standing-seam metal roof. The front of the building will feature a metal awning over the main entrance. • The site layout depicts trees along the street that will remain along with proposed enhancements to the frontage that includes additional trees, shrubs and seasonal plants that will assist in screening the parking lot and bay doors from the right-of-way. • The 19 parking spaces depicted on the site layout are sufficient to satisfy the minimum parking requirement of 6 spaces, per the requirements of the Zoning Ordinance with regards to off-street parking. AG-2 —""fig se� `je� Zoning History �`go�Gcl # Request 65.7/0 MAL .p 1 CUP(Automobile Service Station)Approved 11/14/1995 " 2 CRZ(AG-1&AG-2 to Conditional 0-2)Approved B-2 02/12/2013 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 Express Oil Change &Tire Engineers Agenda Item 13 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1.61) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There are no significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 15,422 ADT' 13,600 ADT'(LOS 4"C") 16,200 ADT (LOS 4"E") Existing Land Use 2—1,348 ADT 13,100 ADT'(LOS 4"C") Proposed Land Use 3- 140 ADT Elson Green Avenue 4,609 ADT' 22,800 ADT 1(LOS 4"E") 'Average Daily Trips 2as defined by a gas station 3 as defined by 4,650 square feet of 4 LOS=Level of Service with eight pumps automobile repair Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is a variable width right-of-way and is considered a two-lane undivided minor suburban arterial. The MTP proposes up to a four-lane facility using a Princess Anne Commons/Transition Area typical section within an unspecified right-of-way width. Elson Green Avenue in the vicinity of this application is a variable width right-of-way and is considered a three/four-lane undivided local collector. This roadway is not included in the MTP. There is a roadway CIP project slated for this area. Princess Anne Road Phase VII (CIP 2-195) is for the construction of a four-lane divided roadway with bike path within a 143-foot right-of-way from General Booth Boulevard to Fisher Arch. These limits include the intersections at General Booth Boulevard, Elson Green Avenue, and Upton Drive/Sandbridge Road. Right-of-way acquisition is underway, and the final design plans are being updated to include new survey information, recent commercial development in the vicinity, bike and trail plans, and utility changes. Public Utility Impacts Water The site is currently connected to City water. There are existing 10-inch City water mains along both Princess Anne Road and Elson Green Avenue. The existing 5/8-inch meter(City ID#95142566) may be used or upgraded to accommodate the proposed use. Express Oil Change &Tire Engineers Agenda Item 13 Page 3 Sewer The site is currently connected to City sewer. There is an existing eight-inch City gravity sanitary sewer main located within a 30-foot wide and a variable width public utility easement adjacent to the east side of the subject property. Evaluation and Recommendation This proposal to redevelop the subject site with an automobile repair garage is, in Staff's opinion, acceptable. The proposed use will replace a non-operational automobile service station with a similar, auto-related use. At Staff's request, the applicant has revised the proposed elevations to complement the design and building materials of the buildings located within the nearby Red Mill retail area. Consistent with the color scheme on the adjacent buildings, the upgrades include the use of earth tones, rather than the predominance of primary colors, for the exterior of the building. The applicant has reduced the height of the building to match the height of other one-story buildings in the immediate area. Additionally, the number of overhead garage doors along the front facade that will be visible from Princess Anne Road has been reduced to five. The plan depicts substantial enhancements to the landscaping along the right-of-way to aid in screening. In sum, the applicant has made substantial improvements to the proposal to reflect the quality and design of the existing shopping center. This development will be positively impacted by the Princess Anne Road Phase VII CIP project. The roadway alignment for Princess Anne Road will be shifted approximately 40 feet west, so the throat length on the Princess Anne Road entrance will increase. The right-of-way line will not change at this point; however, a temporary construction easement will most likely be necessary. There will be some utility work along Elson Green Avenue with no changes to the curb line. It is Staff's opinion that replacing the existing automobile service station with an automobile repair garage will not change the character of the existing shopping center or the surrounding area. The lack of residential development in close proximity to the site combined with the changes to the building described above and the increased plant material proposed contributed to Staff's recommendation for approval, subject to the 13 conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "CONCEPTUAL SITE LAYOUT PLAN OF EXPRESS OIL CHANGE &TIRE ENGINEERS 2136 PRINCESS ANNE ROAD VIRGINIA BEACH, VIRGINIA" dated September 6, 2016, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design, size and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Express Oil Change &Tire Engineers Single Building— Right Hand Oil Change (Hurricane) Virginia Beach Virginia, (Exterior Elevation— Front, Exterior Elevation—Rear, Exterior Elevation—Left & Exterior Elevation—Right)" dated November 21, 2016, and prepared by Aho Architects, LLC.. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted during site plan review process reflective of the plant material depicted on submitted site layout plan referenced in condition one above and in accordance with the Virginia Beach Landscape Guide. Said plan shall be approved prior to final site plan approval. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting in the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. Express Oil Change &Tire Engineers Agenda Item 13 Page 4 5. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. All vehicle repair shall take place inside the building. 8. No outside storage of equipment, parts, or materials shall be permitted. 9. There shall be no outside storage or display of tires. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. The dumpster shall be enclosed with a either a solid fence or a wall constructed of brick that matches the building, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 13. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 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. Express Oil Change &Tire Engineers Agenda Item 13 Page 5 Proposed Site Layout 1101 • t - at a a ' � 3 r i ° / � • ' . Bu .� t � ..V. �•*,,* - la ,Afe, F1 - xum wenwr . . ® X at Y AN/LP/WORK K J 4176 A!?O GAAP Q//LD/HS 14,650 S' .,4IN\bt\ ii L :, s 4, I r- l ;: ui� iii , r • \ 1 \ . C \ \ '.."..-: \ o% ,• x 2 , 'c \` -.:SFr`, 4 , W. X , ',I `11 ` = "tt i ,•T f '3. ,ray„ , .... rw • ii, �, - .. + ,,% > m 1. % \ 041e IOW/NOM(P1i7Y 071E --- • Express Oil Change &Tire Engineers Agenda Item 13 Page 6 Proposed Front Elevation Ir- J I a._ -- , ' •i 1 i 'Id Nth 1 / .. r_. I _i _.__ 1 J '(''.5, P. j 1 MJ • ij Jr • l w ' / . it 4 ti ,. t 'i Express Oil Change &Tire Engineers Agenda Item 13 Page 7 Proposed Rear Elevation f r a II -. .. 1 - I i II ! jI r 11 -_11 - II 1j- J W 11 1 I •• iii' _i 1- 0, ---111 • uu 11 F-- II � I I _ . -- . :-.=...- 4.ii-c.- I1 111-....-.:-..:,-. -.. ..:,.. 1 111, .. F . j , u!1 i1 11 II I I { I I ;R.. 11 . I ,. Express Oil Change &Tire Engineers Agenda Item 13 Page 8 Proposed Side Elevation I f'#� I i{ a 1 '1i ; s b • {s % €iii z€ 1� '1S� F GY m8 � gild a t i � I$ -� Pa, l le$. �: i%ag-�x.•i� e 2 €psp F 11IIIL iliItti ,lif. i el is 6 gi t $' 5Et £'U,11111SONIi ,Iii;lIai alit 11 ° ..ith idttili bilin� �!��t���lie�a�ti$ `¢�eL.p�1'I Pig= �� �i i� s � l��;;�= a �mil nJt !hill11 _-- ^s_. ._._. . . DgxgRaRR FR A R g anx W 9 441 _ t_17 g••• 7 4, , .. fi F_, . 1, I I . 1 l I ft ii Express Oil Change &Tire Engineers Agenda Item 13 Page 9 Proposed Side Elevation T.1 i gI 1s a dil' a `• f ii 1f 43141 1 t , 41111 ! t i i¢ 2 . l , y as I'i F R gP $ 8 s� g I E i4# le a ip`E***:;1.�t `if ;f - r ,s f til i;' t$ n gg° Y Yd L�1a 9� €F �P$ e�� } E�a�a��# ilki �� Lip11111 l yyggpp 1zla1€_ i -tRfVy $$gggysig $�it1I! g�z�F���a�i �i1e � i+ A� S-1.�5��F� L 9 � � iItiiih_ aiihs:a iza °;1 .1F2i/oll ii 5 �iitisi! ire111 :I1ith1.1/111i nillt aoiti l; a Sg u/1I$itiitInjhk ~ __ .... . . .....,.F-"' _-- yeR:.finamm FA R R L p ,IA:? R : f Y: 7Cit Vt wil l 1 i t n .b r y. !e C IF 1 .. 1 II • r R 11i I I kttnst k eP • i kC= ik tri nti 111' Express Oil Change &Tire Engineers Agenda Item 13 Page 10 Proposed Elevations \A\ _ 1111,1111% \ AI I walks • Mill Syr• %III% 1.i\\\ tin MR .1fc:iA) AM / , 1 X10." 'Inn nut .U.1111 111.11111; IIIZ _ yrs, + ` c1 yy VAM li /I / , • F:Xss-"i I I I 1 I I Express Oil Change&Tire Engineers Agenda Item 13 Page 11 Site Photos _fir,"fir+• 1'4 T� _- l •1 •fr. 'A _ Yar— Express Oil Change &Tire Engineers Agenda Item 13 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME Express Oil Change& Tire Engineers DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board r S The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE I FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the appR[ation(s). APPLICANT NOTIFIED OF HEARING DALE. NO CHANCES AS OF DATE If I Z 717 (.Jj'Y I Jimmy McNamara ▪ REVISIONS SUBMITTED DATE. /// Express Oil Change&Tire Engineers Agenda Item 13 Page 13 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here If the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Express Oil Change & Tire Engineers If an LLC,list all member's names: N/A If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list If necessary) See attached List (R) 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 pnly if progeny owner is differentjrpm Applicant. n Check here If the PROPERTY OWNER 15 NOT a corporation, partnership,firm, business,or other unincorporated organization. N Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,ANO THEN-complete the following. (A) List the Property Owner's name:Sorrow One.LLC If an LLC, list the member's names: Augustus C. Miller Danne Miller -_- -- Page 2 of Express Oil Change&Tire Engineers Agenda Item 13 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (8) List the businesses that have a parent-subsIdiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) N/A '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 2.2.3101. Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or (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 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 4 2.2-3101. e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business ooerat ng 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 Express Oil Change&Tire Engineers Agenda Item 13 Page 15 Disclosure Statement APPLICANT Virginia Beach YES] [NiOSERVICE PROVIDER one madam'sheets if needed) ❑X Accounting and/or preparer of CST Group(Accountant)your tax return Architect/Landscape Architect/ MSA,PC(LA,Planner); Land Planner AHO Architects Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ F purchaser of the subject property I/� (identify purchaser(s)and purchasers service providers) Construction Contractors Kelley B Associates Mn Engineers/Surveyors/Agents MSA,PC Financing(include current Steams Bank M mortgage holders and lenders BEAT I j selected or being considered to provide financing for acquisition or construction of the property) JLegal Services Steve Griffis,Esq. Real Estate Brokers/ CBRE 5< ❑ 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 n z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Express Oil Change&Tire Engineers Agenda Item 13 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic�ation.y/t(//' AWJ SIGNIC RE PRIM NAME DTE Page 5 of Express Oil Change&Tire Engineers Agenda Item 13 Page 17 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return nX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed flI/�V purchaser of the subject property I I (Identify purchaser(s)and Purchaser's service providers) nE Construction Contractors ❑ V Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition I�7 'XI or construction of the property) VV Legal Services Real Estate Brokers/ IC71 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 ❑ NI 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 Express Oil Change&Tire Engineers Agenda Item 13 Page 18 Disclosure Statement VY.L 4irgnia 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 •lication. Augustus C. Miller 9/30/2016 ( WrvFR'S SIGNATURE PRINT NAME DATE Page 7 of 7 Express Oil Change&Tire Engineers Agenda Item 13 Page 19 Disclosure Statement Express Oil Change &Tire Engineers Officers: CEO: Richard A. Brooks EVP & CFO: Jason L. Ingram EVP Real Estate Development: R. Kent Feazell SVP Franchise Development: Donald R. Larose EVP Center Operations: Robert A. Campbell EVP: Marketing: Josh Henderson SVP Tire Operation: Jeremy Persinger SVP Technology & Analytics: Jason Seeby VP Franchise Support & Training: Robert Patterson Express Oil Change&Tire Engineers Agenda Item 13 Page 20 Item#13 Express Oil Change&Tire Engineers Conditional Use Permit 2136 Princess Anne Road District 7 Princess Anne December 14, 2016 CONSENT An application of Express Oil Change &Tire Engineers for a Conditional Use Permit(Automobile Repair Garage)on property located at 2136 Princess Anne Road, District 7,Princess Anne. GPIN: 2414-24- 0318-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "CONCEPTUAL SITE LAYOUT PLAN OF EXPRESS OIL CHANGE&TIRE ENGINEERS 2136 PRINCESS ANNE ROAD VIRGINIA BEACH,VIRGINIA"dated September 6,2016,and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design,size and materials of the building shall be substantially in adherence,with the submitted elevation exhibits entitled "Express Oil Change&Tire Engineers Single Building—Right Hand Oil Change(Hurricane)Virginia Beach Virginia, (Exterior Elevation—Front, Exterior Elevation—Rear, Exterior Elevation—Left& Exterior Elevation—Right)"dated November 21, 2016,and prepared by Aho Architects,LLC.. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted during site plan review process reflective of the plant material depicted on submitted site layout plan referenced in condition one above and in accordance with the Virginia Beach Landscape Guide. Said plan shall be approved prior to final site plan approval. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting in the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 5. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance,and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. Item#13 Express Oil Change&Tire Engineers Page 2 7. All vehicle repair shall take place inside the building. 8. No outside storage of equipment, parts,or materials shall be permitted. 9. There shall be no outside storage or display of tires. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. The dumpster shall be enclosed with a either a solid fence or a wall constructed of brick that matches the building, not less than six-feet in height,and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 13. There shall be no decorative pennants,feather flags,streamers,air dancers,inflatables or other similar advertising items located on the site. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 13. AYE 11 NAY ABSO ABSENTO HODGSON AVE HORSLEY AYE INMAN AYE KWASNV 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 13 for consent. Nathan Lehy appeared before the Commission on behalf of the applicant. __ ,,--0% \ti _ _ =y I 11 __ I I _ - ' I'' �'�_ - 1 1 _- I 1 II Ic 1 _ I \ IlIii II i : , I, it • ''� �_ __ 0...- _ '1 1 II I 1 '� -- - ' Tr \ Iii . Ill i1 'I _ I', 1't 'III II 11 III II� '''% ij _pkVeriti __ '11 11, if I i •di&- _. . ,--, ti,______I \ ----StillS ---------- - ' , „ ------- \ \it r-= 1 Ili , til Sti I. I "'.. 1 11 I i I 1' ;�� r ` I IIL-4--J 0 1i :, paPP —^_4 1. II ; '_ _ 1 I'll CO I L.l 1 r ___ 111 li ti 1 { -----� O I�y by jK� 1 `� 1i, h gi �' t 'I '1''1 ir I ^- ---�_.��j Ce 'lll" 1I' IIII �' �1 1'I� '�� it ! I LiiIiL / �417 1:111.11111S11011' ,,, �5 tilhiP : 'Iti ' Ji p _-- -_.� til 1 l t 1 SI s S I''''''...,7-.. illiii � 11, I _ I S 4 I'I 1 .r--1::s J til Sy i I� s 1y l''ti • 11 I 14 1 ! a In\ IDril - .: .- _ 0 II SOC N ,-) (C)__)I. Stirgirie ' j---.--- Z .., 17 ___ 1 0 ace oe 1 . - o OC 1 r1 = o, m - a A/ til _ lryr-� . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALEXANDER P. KNAB [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 316 Mace Hill Street(GPIN 2426288845). COUNCIL DISTRICT— BEACH MEETING DATE: February 7, 2017 • Background: The subject lot was depicted as part of the adjacent Lot 10 when it was originally platted 1952 (M.B. 32, Page 26). In 1974, the western 65 feet of Lot 10 was illegally subdivided by deed (D.B. 1459, Page 396). In 1974, resubdivision of properties was only recognized by the City of Virginia Beach via the recordation of plats thus, the parcel is not recognized as a legally created lot. Despite this, in 1984, the lot was developed with a single-family dwelling. Recently, upon seeking the applicable building permits to construct an addition to the rear of the dwelling, it was discovered that the subject lot was never properly put to record. As the subject lot is currently zoned R-10 Residential District, a minimum lot width of 80 feet and a minimum lot area of 10,000 square feet are required. The existing lot is deficient in both of these standards, as it has a lot width of 65 feet and a lot area of 9,083 square feet. A Subdivision Variance to both lot width and lot area is requested to rectify the situation and legally establish the parcel. • Considerations: It was not uncommon during the 1970s for lots to be created illegally by deed. Staff finds that the developed subject parcel as it exists today does not adversely impact the character of the existing neighborhood and is consistent with the Comprehensive Plan's recommendations for the Suburban Area in regards to supporting "Great Neighborhoods." 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. Alexander P. Knab Page 2 of 2 • Recommendations: City Staff recommends approval of this request. 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 substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF WESTERN 65 FEET OF LOT 10, SUBDIVISION OF PARCEL 15—BLOCKS 33 & 34, CROATAN BEACH FOR ALEXANDER P. KNAB VIRGINIA BEACH, VIRGINIA," dated September 22, 2011 and prepared by John E. Sirine and Associates, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. . . • - Agency: Planning Departmenttey, City Manager Applicant & Property Owner Alexander P. Knab Agenda Item Public Hearing December 14, 2016 City Council Election District Beach 9 City of Virginia Beach Request r Subdivision Variance (Section 4.4 (b) of the Croatan Road Subdivision Regulations) +,o' m' 33 S Staff Planner Jacer g Jimmy McNamara ,�,¢aaQ �y�a�O`' % y z Location `12.°'°Jyeaoaa u��aoH\oOtNt 'E 3. 316 Mace Hill Street 7075 dB DNL 65.70 dB DNL 3 p Y GPIN o 2426288845 F W Site Size >75 dB DNL 9,083 square feet BThs„,e, AICUZ1,2 65-70 dB DNL; Sub Area 2 : �o'a W My Existing Land Use and Zoning District r Single-family dwellings/ R-10 Residential Surrounding Land Uses and Zoning Districts i. ..\�'-,,,,Ir ashy, North ' :..,_ t• ,,,e' ' Single-family dwellings/ R-10 Residential ). Southit. �� _ Mace Hill Street J,,.. r. -.:, - °R' o Single-family dwellings R-10 Residential aka. ...e ' t-.? * ~ ! East t .a, • y 1.- .,,. , Single-family dwellings/ R-10 Residential . ` •. - ' - t'r West' : A 3, , ,.', J+ .F,41 ` _ , Single-family dwellings/ R-10 Residential � .' . , ‘it ;rr_ I . Alexander P. Knab Agenda Item 9 Page 1 Background and Summary of Proposal • The subject lot was part of Lot 10, as was recorded by plat in 1952 (M.B. 32, Page 26). Lot 10, as platted, had a lot width of 75-feet. • In 1974, the western 65 feet of Lot 10 was illegally subdivided by deed (D.B. 1459, Page 396). Subsequently, no plat was ever recorded. • The lot is currently developed with a single-family dwelling that was constructed in 1984. Upon applying for the applicable permits to construct an addition to the rear of the dwelling, it was discovered that the subject lot was never properly put to record. • As the subject lot is currently zoned R-10 Residential District, a minimum lot width of 80 feet and a minimum area of 10,000 square feet are required. The existing lot is deficient in both of these standards, as it has a lot width of 65 feet and a lot area of 9,083 square feet. A Subdivision Variance to both lot width and lot area is requested to rectify the situation and legally establish the parcel. Required Subject Lot Lot Width (feet) 80 65* Lot Area (square feet) 10,000 9,083* *Subdivision Variance required for lot width and lot area '------1--R-.15 r v 1 (�_ F2L10 7.----Arerairtan-R, . ),,/,:z( . ,} 'b 70 Arai �R10 Zoning History i" c .� Ito # Request s se fiiN . ` 1 STC Approved 02/22/2011 \li V R-10. =1 ;5d5oNL w o R=10 '! 4. Ili \ 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 Alexander P. Knab Agenda Item 9 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1.61) Natural and Cultural Resources Impacts The subject site is in the Atlantic Ocean 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 Mace Hill Street No Data Available Existing Land Use z—10 ADT Proposed Land Use 3- 10 ADT 'Average Daily Trips 2 as defined by one single- 3 as defined by one single-family °LOS=Level of Service family dwelling dwelling Public Utility Impacts Water and Sewer The site currently connects to City water and sanitary sewer service. 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. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Alexander P. Knab Agenda Item 9 Page 3 When this property was subdivided by deed in 1974, it was subject to the Comprehensive Zoning Ordinance that was adopted in November 1973. At that time, only agriculturally zoned land of more than five acres was permitted to be subdivided by deed. As such, this illegal subdivision created a lot that is deficient by today's standards for the R-10 Residential District. It was not uncommon during this time for lots to be created illegally by deed. Staff finds that the developed subject parcel as it exists today does not adversely impact the character of the existing neighborhood and is consistent with the Comprehensive Plan's recommendations for the Suburban Area in regards to supporting "Great Neighborhoods." As such, Staff recommends approval of this request. Recommended Conditions 1. The site shall be substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF WESTERN 65 FEET OF LOT 10, SUBDIVISION OF PARCEL 15—BLOCKS 33 & 34, CROATAN BEACH FOR ALEXANDER P. KNAB VIRGINIA BEACH, VIRGINIA," dated September 22, 2011 and prepared by John E. Sirine and Associates, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. Alexander P. Knab Agenda Item 9 Page 4 1952 Plat ., ,V�'' 1 1'* '. . �'; •• •,....A r' • Vii./ 1 •:! , 7"i7;. a I '3AV • 3>/V7 i', f i . .. C. h .e ' t1 ' i' 'N ,oxz .n•aB N h 1,,1/'11 S7-5, tt o • ,o`Lotra9l,YItYN ' G6 CL) O 4' 0 It • • • f ` o t1'� K 4 in 5 V p- wM o wsb�rr d $U n c 6` OQ _• aO' - � ' • i •: .. ,o, �t ' U (�,' 1� tri •;r r/ h f Q 0 . 2, .09 • r - 1 - - Fzr "Western 65 feet of Lot 10" ' • tea,/ • +�,,4, • subdivided by deed in 1974 V 1" : moo, •1 b , t • y. .. , h p • S 11, . 4.; toy , �•1 n1•y�: .L►i - y9 • Z t. • 1h 4 .' ' •r .• • " • f j,/ ' % ti 4. • it . i. � I '{b .' i •. r IO .4. • O ` . • co J 11 - o • . '' • .,.-• .w00—.., , ,-P.4 _ • .p.4 6. • `ftp e • 3 .' ;'.�' AJ /O • 't, 3e'VC7 V/N/Q17/A 1i ; - .t. . Alexander P. Knab Agenda Item 9 Page 5 Property Survey 400..Til p, SEPTEMBER 22,201, ' GrC. Thww10 ter,i1f Ihfi I.on .Z-,for.'eed 10.or*prrir.2 a eIM IN,Ihi.Sol-Aod I rM 4 NnIM 'nef.nd *AIR of IM budd {f er ine•f.hown on 11,.,e1.1. O cv JEFFREY D. ILIAAIS>•' The build.n{I fund strictly w.tAin the title line) end 1Aer 1�rp 1 el .0., buildin{f on 1Ar P oroph.eme fi.f'hown- 4.1f-•Lp• ,. S.{ned- 4."a. E.'t ,vbv G-t°,O. jai ; 19 40„ 0 17 ''o•ff.3es.R3..:i'S rr 6` p�H-- a fie,. 16 AM WESTERN 65 FEET OF LOT 10 S , _o /- 0 O J 9 ti f o 3 0 u, N I— C C orEef - y = 0 O Z Z lo ® .0THREE LU n.o a. A STORY , Or wOOOE„ 't, FRAME g R WOOOKWALK xx „ • p /J70 Jj„iw..o or „•• ` .•KYILAT. WA0 TO FML vo ne„ZONE X I - � s„0l .9O;'MIA OlrtAE.e.E0 TJ •r0 OF NOE a CP000[„ e n A. Gm...a n000nM.,A]SHOWN • FEW! Ow.i.r Y.•E IE000o1f{.Se.NCE MU ats • IW TVE Cr.V v.MP*tf.b.wad.. O•TTO MEe 4 loos wv INK SWOW012 •. 2 TN,{S,MNfTWAS PM5REE0WITHOUT OWL R OfTERT a A Tnt!'WONT AK)MAY on MAY NOT 52 SIA MATTCRi OF Mt(AIFOCTf.O • g•! PNOIE an sow*„.4ERE O„ mcw.c o • 0r44 400 85'(GEED) , +0e' -- 172.47 TO N{5'-45'•45'F ''----,—7-0-- VIOAOINIA DARE MACE HILL tw) STREET Ku RR PHYSICAL SURVEY OF WESTERN 65 FEET OF LOT 10,SUBDIVISION OF PARCEL 15-BLOCKS 33&34, CROATAN BEACH FOR '..l sc n. ALEXANDER P. KNAB VIRGINIA BEACH.VIRGINIA SCALE 1•.20 SEPTEMBER 22.2011 JOHN E. SIRINE AND ASSOCIATES, LTD. SuRVEvORS• ENGINEERS• PLANNERS VIRGINIA BEACH,VIRGINIA !OBJ,470 p S['fi,P Alexander P. Knab Agenda Item 9 Page 6 Site Photos e: S!, ii rt + 4U. v /ice. r • IRIMIR'lli � r ". ra ` , w'h itil . . j I r t„, . • .. ..... , ...„ • __ i ,_.......,, • • ...,.............,...,. ,_ -e•-• id v ,'_. S'«S?. 9- .. • Alexander P. Knab Agenda Item 9 Page 7 Disclosure Statement w Vir^.nie Ifrath APPLICANT'S NAME Alexander P. Knab DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of] L ❑ I( Z y/ /J Jimmy McNamara Alexander P. Knab Agenda Item 9 Page 8 Disclosure Statement Virginia Beach Inl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 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) (R) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 ♦.__.-__.�_.__.____. .____.._ -_. - __ _.o SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Alexander P. Knab Agenda Item 9 Page 9 Disclosure Statement Virginia Reach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) `Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidtary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Alexander P. Knab Agenda Item 9 Page 10 Disclosure Statement APPLICANT 3niaBh [-YESINO SERVICE PROVIDER (use additional sheets if _ needed) nX Accounting and/or preparer of your tax return hI n Architect/Landscape Architect/ Walter Parker Land Planner Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ripurchaser of the subject property (identify purchaser(s)and purchaser's service providers) HConstruction Contractors Drescher Homes,Johnny Drescher ❑X n Engineers/Surveyors/Agents Jeffrey D.Williams , John E. Financing (include current r ne ant asoc. q n mortgage holders and lenders (Pentagon Federal Credit selected or being considered to provide financing for acquisition Union or construction of the property) PNC Bank rin Legal Services Janice Pickrelt Anderson,Esq. Real Estate Brokers/ ' nAgents/Realtors for current and anticipated future sales of the sub'ect G ro Gert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n j- an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Alexander P. Knab Agenda Item 9 Page 11 Disclosure Statement �.:TiFICATION: -- I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am respe^^C- provided herein two weeks p,:-- ;;, z ; . -' ..om.y tee in connection meeting, or meeting of any public body or committee in connection with this A. .lication. • Alexander P.Knab //u' /6 AYnKAM'S SIGNATURE PRINT NAME DATE Page 5 of Alexander P. Knab Agenda Item 9 Page 12 Item#9 Alexander P. Knab Subdivision Variance 316 Mace Hill Street District 6 Beach December 14, 2016 CONSENT An application of Alexander P. Knab for Subdivision Variance (4.4(b)of the Subdivision Regulations)on property located at 316 Mace Hill Street, District 6, Beach. GPIN: 2426-28-8845-0000. CONDITIONS 1. The site shall be substantially as shown on the submitted survey entitled"PHYSICAL SURVEY OF WESTERN 65 FEET OF LOT 10,SUBDIVISION OF PARCEL 15—BLOCKS 33&34,CROATAN BEACH FOR ALEXANDER P. KNAB VIRGINIA BEACH,VIRGINIA,"dated September 22,2011 and prepared by John E. Sirine and Associates, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item 9. 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 9 for consent. Jan Anderson appeared before the Commission on behalf of the applicant. 1 c,. y / rti1I� I .1 ', f=- 1 I r'—'.. 4.4' \ L �—� _-_ �4}�Y} 444 tel{ ,..,U Ode 4 LL. • I ' \L PI---c.,5, \.:, ( "1:,.", .', r{ 1x 11 I f f • 1 1 ti iiiii, ....4.,., „A..r 1 f c/N:1.--..?„; \ ...1... ....... ...., e_ir - I I 4 4 r t. 41 lib 1 I I 11S .....\ VAik.:' \ J"...-- ....1 ' I I 1 r I 1 . { J 1•• s'o. 11(00.\., .\* / /7 l_ +5I I `� y I ; ..____\ .?„ I 1 1 _ _ rte• IL1.• % ' \,.... ....,/. / sf./ 0 _ L r L---1 \ .... .7 7 \____•-•- ,f 4 N �'rf yyy' �I -r f ff Z r`r ,.f li --L=- ...:;;,:;,:.,- 474)C • }ti! - _ _ — -- _-- _-- ,. 'fir _ i ,I f II r — 0 I 1,..-.. ' . -.-- - ad ,0. --- __ irk L— -ffi_ _---- �' I� iil cL�f� f1 _II '. _ — ice ,,..,__J I ', - it li ` _-- - - _ ,j Lok CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LYNN PLAZA INVESTMENTS, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 845 Lynnhaven Parkway(GPIN 1496347353). COUNCIL DISTRICT— ROSE HALL MEETING DATE: February 7, 2017 • Background: The 5.20-acre site is developed with a commercial retail shopping center and an automobile repair garage. In February 2016, a Conditional Use Permit for the auto repair operation was approved on approximately 22,000 square feet of the site. The applicant proposes to subdivide the 5.20-acre site into two parcels. Proposed Lot 1A1-A will be 4.70 acres in size and will contain the existing shopping center, and proposed Lot 1 Al-B will be 21,593 square feet in size and will contain the auto repair operation. Although Lot 1A1-A, the 4.70-acre site will have over 400 feet of frontage along South Lynnhaven Road, the 41.87 feet of frontage along Lynnhaven Parkway is considered the legal front yard used for determining lot width. The Zoning Ordinance requires a minimum lot width of 100 feet for properties zoned B-2 Community Business District and as such, the proposed parcel is deficient in this standard. Also, property directly along the right-of-way is required to be at least 80 percent of the lot width requirement (street line frontage). As the street line frontage in this case measures as 41.87 feet as opposed to the 80 feet that is required in this instance, a Subdivision Variance to lot width and street line frontage is requested to these standards. The proposed 21,593 square foot parcel, Lot 1A1-B, will meet the minimum lot width requirement of 100 feet along Lynnhaven Parkway. However, this parcel will be deficient in street line frontage, which as stated above, the Zoning Ordinance requires that the property directly along the right-of-way be at least 80 percent of the lot width requirement. In this instance, the minimum required lot width is 100 feet and the street line frontage must be 80 feet. As the proposed street line frontage will be 66.35 feet, a Subdivision Variance is requested. • Considerations: In Staffs view, the approval of these requests will not change the intensity or character of surrounding commercial area. The layout of the buildings and the parking areas on these sites will remain unchanged, and as such, Staffs position is that any deficiencies to the Zoning Ordinance will be undetectable and will not Lynn Plaza Investments, LLC Page 2 of 2 pose a hazard to motorists. Based on this, Staff does not expect that granting these requests will adversely impact any of the adjacent properties. No new ingress/egress points are proposed and the proposed cross access easements will ensure continued vehicular accessibility to both rights-of-way. 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: City Staff recommends approval of this request. 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. When subdivided, the parcel shall be subdivided as depicted on the submitted preliminary plat entitled, "SUBDIVISION OF LOT 1A1, VIRGINIA BEACH, VIRGINIA," dated May 4, 2016 and prepared by MSA, P.C. Said plat has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The applicant shall record a one-foot "No ingress/egress" easement along the frontage of proposed "LOT 1A1-B" directly adjacent to Lynnhaven Parkway. 3. All vehicular ingress/egress easements depicted on the plat identified in condition 1 above shall be recorded on the final plat. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 4}���� Submitting De ink: t/Ag-ncy: Planning Department I u"'�� '‘P.r/' City Manager: 7,11111111X Applicant & Property Owner Lynn Plaza Investments, LLCVB Agenda Item Public Hearing December 14, 2016 City Council Election District Rose Hall16 1 Virginia Beach Request /0-75 d8 DNL/ cern Farm Lane int,,,,,,,b, n•/P, Subdivision Variance (Section 4.4 (b) of the D y r4w�, Subdivision Regulations) GercrvRoad z e ADu o 4sb/an. s ° ; i nrerr ace Staff Planner ` Lynnhaven Mall L6oD ppNttr a dv. t, Kevin Kemp , 4 John hn Hancock 0n4 4rF Location s4Y 0. 3 Ep Y O � 4 2. FaR0cue `�--`�1ch ne Dnve • 0 Augusta Circle le ADZ1 o � c 845 Lynnhaven Parkway 75 deDNL ore`°���e Jed• ,c,' �Qet Bol ep GPIN ° ADZ? o°r� s. ire 1496347353 = G A 6ce 3' AP21 % a Drne Dlare Site Size L +/- 5.20 acres3 1 AICUZ Greater than 75 dB DNL Magk Hollow Boulevard Existing Land Use and Zoning District Vacant/ B-2 Community Business Surrounding Land Uses and Zoning Districts Ve1141.„) . �•s/i �i• -iNorth . % IL �, "..�",-�. . ; .► a .e� ---�es.>}=_- Commercial Use/ B-2 Community Business t,, •. 7 � ,y� •ave. nal r,„' / `so1 South k 0 • ' , . L ,A 10.14 N is t rt. ,ar.,,T'_l'1 Commercial Use/ B-2 Community Business a tyt Lynnhaven Parkway " East • ' • , Lynnhaven Parkway y .; „�• ' ' Commercial Use/ B-2 Community Business _ , , West .. ,. '. South Lynnhaven Road i , • 4> ` Commercial Use/ B-2 Community Business � ,--,., tpt1 /t Lynn Plaza Investments, LLC Agenda Item 16 Page 1 Background and Summary of Proposal • The 5.20-acre site is developed with a commercial retail shopping center and an automobile repair garage. In February 2016, a Conditional Use Permit for the auto repair operation was approved on approximately 22,000 square feet of the site. Ingress/egress easements are depicted on the submitted exhibit to ensure continued vehicular access for both sites to South Lynnhaven Road and Lynnhaven Parkway. • The applicant proposes to subdivide the 5.20-acre site into two parcels. Proposed Lot 1A1-A will be 4.70 acres in size and will contain the existing shopping center, and proposed Lot 1A1-B will be 21,593 square feet in size and will contain the auto repair operation. • The legal frontage of Lot 1A1-A, the 4.70-acre site, is proposed as 41.87 feet along Lynnhaven Parkway, and will have over 400 feet along South Lynnhaven Road. The Zoning Ordinance requires a minimum lot width of 100 feet for properties zoned B-2 Commercial Business District and that the property directly along the right-of-way be at least 80 percent of the lot width requirement. As the proposed lot width is 44 feet and the street line frontage measures as 41.87 feet, a Subdivision Variance is requested to these standards. • The proposed 21,593 square foot parcel, Lot 1A1-B, will meet the minimum lot width requirement of 100 feet along Lynnhaven Parkway. However, this parcel will be deficient in street line frontage,which as stated above,the Zoning Ordinance requires that the property directly along the right-of-way be at least 80 percent of the lot width requirement. In this instance, the minimum required lot width is 100 feet and the street line frontage must be 80 feet. As the proposed street line frontage will be 66.35 feet, a Subdivision Variance is requested. Required Proposed Lot 1A1-A Proposed Lot 1A1-B Lot Width in Feet 100 44* 103 Street Line Frontage in Feet 80 41.87* 66.35* Lot Area in Square Feet 20,000 205,185 21,593 ,mac B-2 B-2 Zoning History B-2 /F3/ Y; # Request dB 1 CUP Automobile Repair Garage)Approved 02/24/2016 w H-1 ( p g ) pp 2 CUP(Tattoo Parlor)Approved 06/08/2010 91,1 E-15 1618 -7.5;i!;:F �5 PD-H1 r Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Lynn Plaza Investments, LLC Agenda Item 16 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area, Special Economic Growth Area (SEGA) 2-West Oceana. This SEGA includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. All of this area is inside the AICUZ high noise zone and much of it is subject to Navy restrictive easements.The SEGAs are predominately nonresidential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area and are viewed as special areas with significant economic value and growth potential. Land uses compatible with military uses are targeted for these areas.The City supports all new development or improved redevelopment proposals in this area that adhere to the City's AICUZ provisions and the City's economic growth strategy.The area west of Lynnhaven Parkway is recommended corporate office, retail, and other comparable commercial uses. Due to the site's high visibility, special attention should be given to ensure high quality site, landscape and building designs. (pp. 3- 29 to 3-30) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 35,100 ADT' 42,100 ADT'(LOS 4 C") Existing Land Use 2—106 ADT 48,200 ADT (LOS "E") Proposed Land Use 80 ADT 'Average Daily Trips las defined by a 690 Sas defined by a 2-bay auto repair 4 LOS=Level of Service square-foot drive-through garage restaurant Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is an outparcel lease area in one of three interconnected parcels forming a shopping center with unsignalized access to Lynnhaven Parkway and South Lynnhaven Road, the overall center having one full-access entrance on each road and three right-in/right-out entrances. Lynnhaven Parkway is a six-lane major urban arterial; South Lynnhaven Road is a four-lane minor urban arterial. There are no CIP projects programmed to modify either, although the 2010 MTP Ultimate Right-of-Way listing identifies this segment of Lynnhaven Parkway as a future eight-lane roadway. Public Utility Impacts Water The site is currently connected to City water.There is a 16-inch City water main along Lynnhaven Parkway. Sewer The site is currently connected to City sewer.There is an eight-inch gravity sewer main along Lynnhaven Parkway. Lynn Plaza Investments, LLC Agenda Item 16 Page 3 Evaluation and Recommendation The applicant requests a Subdivision Variance in to create two parcels, Parcel 1A1-A and Parcel 1A-1-B. The 4.70-acre lot, Parcel 1A1-A will be deficient in lot width and street line frontage, and the 22,000 square foot lot will be deficient in street line frontage. All other dimensional requirements of the B-2 Community Business District will be met with regard to lot area, setbacks, etc. In Staff's view, the approval of these requests will not change the intensity or character of surrounding commercial area. The layout of the buildings and the parking areas on these sites will remain unchanged, and as such, Staff's position is that any deficiencies to the Zoning Ordinance will be undetectable and will not pose a hazard to motorists. Based on this, Staff does not expect that granting these requests will adversely impact any of the adjacent properties. No new ingress/egress points are proposed and the proposed cross access easements will ensure continued vehicular accessibility to both rights-of-way. For the reasons stated above, Staff recommends approval of this request as conditioned below. Recommended Conditions 1. When subdivided, the parcel shall be subdivided as depicted on the submitted preliminary plat entitled, "SUBDIVISION OF LOT 1A1,VIRGINIA BEACH, VIRGINIA," dated May 4, 2016 and prepared by MSA, P.C. Said plat has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The applicant shall record a one-foot "No ingress/egress" easement along the frontage of proposed "LOT 1A1-B" directly adjacent to Lynnhaven Parkway. 3. All vehicular ingress/egress easements depicted on the plat identified in condition 1 above shall be recorded on the final plat. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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J III 01u`,,,.. uvYY} - ,I'' „ �.;• ___- ; 01.00K 1'' i U ' 11001 0}0.110( 00•OfM.anal Lot Width l'' ; "WAN'(...rr.. \ A rata 4(~HOVr/1r MT71na 111 IN Pt*N r>ra, w AMm+siaw .p/q ),Jar �i] ;\ pr<r vs.104000/2075., aM 1,00.700,011 r4YK•r Piri/,.....OX.. rM1,•o ASMnSaMWro/ ,. ...1„,--- 66.35' ,,, 41,'15/' ; - 'rto'S StreettALine Frontage Y�,o pW w A•iw.a.a.aMY -•rS j - )- '' f ?`. rn(a(o•,, - v q-.A F V � � --------- � ---- 41. 7� wlmati 4 sc.,. 1111. / / �y • •.41 o A,,h,..AW Street Line Eiont - ...RI*ON AM,*Ila/110.1.1 ` SoonM1 f 0/101 / r)n,AP Mast�nAY T�` 0r' / •�J��11 �,j� •Alrfre. w.a(� (1 IN TJBL 45 451 �a 115 10 / /ti , C\\ I.Y S ) '4 jiti IK 1 MU.* WKM L./ 0404 00. q MIS,Y'• •� l(/ f, ��44Sv 1` < 11 •Mr• %X W a an*.• }}% 4014 43•11 0 u% fi5`� �:$�,G-\\ '• a'� u tJx%'t WIC In sav}r• MN tor �"1•\41<•X F U S 010'%'[ Ka 1r s war.• !'M' It 11 *nitro ; 1r byl. b,( :\\1'�r .•/' pjfij04' M ■nPY• a.}J 1n •MvPA'• a.OP -4.S(k��A l��P' 0 a mot'• 1540' 1$ .Jr%'• TV 014020# J••I10 5 SC .. • 5`\ / IS 50517'• *11 (r S 100X1 1}.JT •MAW wits 1WITCM/4 t, ' if Ytl•1 A0fII 10.510 ll 05.171'1 1107 t% •11051[ eX per la Ae/0A01M0•K•R, '1 If Mu AN&•/(MAN•r .p (MM per•1 AHywSnWMAV U S UMW• 1107 U1 •SOW[ AO 'b15-. piP[n sva.mwa/ 401• MAIM K 1-0.1 U •K'%Y I •N' 00. S•401'1 %Y V `1 •fMT'[ IA (LI S s1PX[ ISIS Nja.•.•A•:Ow*?441 M 31404414111NSN1 SM 001 V.-0(... 0110%'• n0' IN S MACE 525 (OVOa;V P'40.00!Ara.4MU ALSP K K aarIP•O u50 Za la S SOT'• !1P UJ S%'>r t 700T 4010044444.•110 IV*0151 0.KNY'•A0*-0 M.P' b: L w�4 Al4/7(W 00440'd10041401 SINT/40 105100 2401 n1• - ,p" In •110X• Ca 1% t7NJX[ M 1400196110 0444 111010 4.4 1041,(M.or, ,111000. CI LOT 141 115 or 014,040 „ PM NC MOSO20:011000) ,•/••••••0d.'LA}.OM p 1((1104 K40••nOK L Sadna MI moC,,• a°a Mae wows Orr 0'1/174 p�O(140,04 .11/%11411(x••• MSA_. P.C. (f�.{{>I50 .taw C�•ha5•1� ok Y 0- % at LIStIIkiK%Ull J� • 111.Pe(pp-•x•) "I (',i&1,••o•rodls0•°•i•1A•MR<Miuv- 00.0 M .25 0 0 0 S,�,V 1 50.5 SIR M I(S) -(,0K() 5011 Rew 111/4..VVytl<••A\A 4111' ...1 1/U' WAw.t SCA'.( • C'OK Sl[[(•'a 0.1-M(t) 757.1 a•]M10__,5511•00.14 OW (IV }0 } o«ro.•= art !_�-le - .% Yl 1515 l O}101 W91 i(IwY41Gr6 .rr wlW.<•an Lynn Plaza Investments, LLC Agenda Item 16 Page 5 Site Photos IOW, 411101114$ I rt.*- TAKE 5OIL CHANGE }, •f'fi'i rnrisi a anima. : Disclosure Statement Virginia Beach APPLICANT'S NAME I- iu _ Pt, WA Intt'Es1ne?SIS, i-L.C— DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special I 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 1 Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE rOR ary us oNLe Page I of 7 APPLICANT NOW II U OT HEARIN: — No CHANCES Al DI Jimmy McNamara RI VISIONS SITITNIII I t LT Lynn Plaza Investments, LLC Agenda Item 16 Page 7 Disclosure Statement I Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IiI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Lynn Plaza Investments, LLC If an LLC, list all member's names: SEE ATTACHED LIST. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. fl 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 Lynn Plaza Investments, LLC Agenda Item 16 Page 8 Disclosure Statement XB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. `Affiliated business entity relationship" means `a relationship, other than parent-subsidiary relationship,that exists when 0) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or NO there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of Lynn Plaza Investments, LLC Agenda Item 16 Page 9 Disclosure Statement APPLICANT 34&ach EYES' LNO L SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return n I1 Architect/Landscape Architect/ ^I Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed [ ] purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) nR Construction Contractors • nEngineers/Surveyors/Agents MSA,P.C. Financing(include current l�l �/ I mortgage holders and lenders l I /� I selected or being considered to provide financing for acquisition � or construction of the property) IX 1 Legal Services Faggen&Frieden,P.C. Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the sublect aroaert • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ El an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of Lynn Plaza Investments, LLC Agenda Item 16 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this LA••lic. S • . _ _ - Richard E. Olivier, Manager Ie1241 ADPL • 'S SIGNATURE PRINT NAME DATE Page 5 of Lynn Plaza Investments, LLC Agenda Item 16 Page 11 Disclosure Statement 845 Lynnhaven Parlouey OWNER: Lynn Plaza Investments,LLC Members: PCR Investments II,LLC Marc Associates,LLC,Operating Manager (Richard E.Olivieri,Manager) Blue Ridge Associates of Virginia,LLC (Frederick J.Napolitano,Managing Member) Club Forest Lynnhaven,LLC (Lawrence L.Steingold, Manager) Lynn Plaza Investments, LLC Agenda Item 16 Page 12 Item#16 Lynn Plaza Investments, L.L.C. Subdivision Variance 845 Lynnhaven Parkway District 3 Rose Hall December 14,2016 CONSENT An application of Lynn Plaza Investments, L.L.C.for a Subdivision Variance (Section 4.4(b) of the Subdivision Regulations)on property located at 845 Lynnhaven Parkway, District 3, Rose Hall. GPIN: 1496-34-7353-0000. CONDITIONS 1. When subdivided,the parcel shall be subdivided as depicted on the submitted preliminary plat entitled, "SUBDIVISION OF LOT 1A1,VIRGINIA BEACH,VIRGINIA,"dated May 4, 2016 and prepared by MSA, P.C.Said plat has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The applicant shall record a one-foot"No ingress/egress" easement along the frontage of proposed "LOT 1A1-B" directly adjacent to Lynnhaven Parkway. 3. All vehicular ingress/egress easements depicted on the plat identified in condition 1 above shall be recorded on the final plat. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to arpove item 16. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted,the Commission approved item 16 for consent. Mike Nuckols appeared before the Commission on behalf of the applicant. In a - , -----.. _ 01*. *4•4w, \ // / / Pep, 0 otti) , I 7 ...2..,,,,,,,-)114P6'- , ( o a' -• 0101/' a .,......., ,..,.A.F.4e, rzst „„ i t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MANOUSOS ENTERPRISES, INC. [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 1337 Ferry Point Road (GPIN 1465098115). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: February 7, 2017 • Background: As a result of a 2015 subdivision, Lot 5B currently exists as a 33,912 square-foot parcel with a lot width of 78 feet. This lot meets all the dimensional requirements of the R-5D Residential Duplex District. A duplex or a single-family dwelling may be constructed as a matter of right on the property. The applicant requests a Subdivision Variance to subdivide Lot 5B into two parcels, one that will meet all dimensional requirements of the R-5D District and one as a flag lot that will be deficient in lot width. Proposed Parcel 5B-2 will exceed the minimum lot size requirement of 5,000 square-feet, but will be approximately 22 feet shy of the minimum lot width requirement of 50 feet. ■ Considerations: On June 7, 2016, a Subdivision Variance was granted for the adjacent parcel to the south allowing a flag lot behind two single-family lots. A similar layout exists adjacent to the south with two parcels along Ferry Point Road and a large flag lot in the rear. While the existing site configuration along Ferry Point Road is not ideal, Staff's position is that the request is consistent with the existing pattern development and is preferable to large duplexes fronting the right-of-way. 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: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "1357 Ferry Point Road LOT 5B SUBDIVISION OF PROPERTY LOT 5: PRELIMINARY SUBDIVISION EXHIBIT" dated August 17, 2016, and prepared by Pinnacle Group Engineering, Inc., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. Manousos Enterprises, Inc. Page 2 of 2 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on the submitted elevations in the "Proposed Elevations (Lot 5B-1 and 5B-2)" exhibits attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 5B-1 and 5B-2 depicted in the preliminary plat referenced in Condition 1 above. No duplex dwellings will be permitted. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- • Agency: Planning Departme 'y. City Manager: ID Fta,tA Applicant & Property Owner Manousos Enterprises, Inc. Agenda Item Public Hearing December 14, 2016(Previously Deferred 08/10/2016& 10/12/2016) D1 City Council Election District Kempsville Virginia Beach Request Hp, Ann Arbor Lane Subdivision Variance (Section 4.4 (b) of the `''m +�',�r, o• "'"J~ Subdivision Regulations) a lams;court y` f 4,i' 0 Staff Planner �4t� t ,/�� `, ,� ;f1. Q s Jimmy McNamara I N. ''wd ,�F F c Location r ,. F11 4 was.a lane J r 1337 Ferry Point Road &,wirtane GPIN 1465098115 r`b . Site Size v7 4)% 33,800 Square Feet ,,4P e�a� `'a c�'k;, Less than 65 dB DNL °' Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential Duplex Surrounding Land Uses and Zoning Districts North i ' ' Undeveloped lot / R-5D Residential Duplex illk A South . , Undeveloped lot/ R-5D Residential Duplex .c,�` • East i,.�+ it s _Q; - • Ferry Point Road { • Single-family dwellings/ R-SD Residential Duplex dig= a.; o West � Undeveloped lot/ R-5D Residential Duplex 40 f y; ., Air_ i , • it... ,:so, r e . 4r4~t Manousos Enterprises, Inc. Agenda Item D1 Page 1 Background and Summary of Proposal • This application was deferred at the August 10, 2016 Planning Commission hearing at the request of the applicant to revise their proposal from three lots to two lots. The application was deferred again by the Planning Commission at the October 12, 2016 Planning Commission public hearing to provide the applicant more time to submit an updated proposed site layout and elevations of the proposed dwelling units. • A 38,912 square-foot lot was subdivided into two parcels on January 21, 2015. • Lot 5A was created as a 5,000 square-foot parcel and is not part of this request. Lot 5B, the subject site, currently exists as a 33,912 square-foot parcel with a lot width of 78 feet. Existing Lot 5A & 5B 41* Ch4. i' 04 • The site (Lot 5B), as currently configured, meets all the dimensional requirements of the R-5D Residential Duplex District as set forth by the Zoning Ordinance and Design Standards in the Subdivision Regulations. The existing lot width of 75 feet allows either a duplex or a single-family dwelling to be constructed by-right on Lot 5B. • The applicant requests a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations to subdivide Lot 5B into two parcels, as depicted below,to construct two single-family dwellings. Manousos Enterprises, Inc. Agenda Item D1 Page 2 Proposed Lot Configuration 5A om C6 Required Proposed Parcel 5B-1 Proposed Parcel 5B-2 Lot Width in Feet 50 50 27.95* Lot Area in Square Feet 5,000 5,000 29,283 *Subdivision Variance is required to lot width. • Proposed parcel 5B-1 meets all the requirements of the Zoning Ordinance for development of a single-family dwelling. Parcel 5B-2 is proposed as a flag lot that exceeds the minimum lot size requirement of 5,000 square- feet, but is deficient in lot width. A variance to lot width is requested for this parcel. • Elevations for both of the proposed single-family dwellings and a site layout have been submitted. 1 Zoning History R-5D --5/ Q # Request D \ c 1 CUP(Religious Use)Approved 06/01/2005 / 2 SVR Approved 06/07/2016 2k�` R5D Ch/ Cool- 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 Manousos Enterprises, Inc. Agenda Item D1 Page 3 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 a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp. 1-61-1-62) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Ferry Point Road No Data Available 6,200 ADT i(LOS a`'C") Existing Land Use 3 10 ADT 11,100 ADT (LOS -"E") Proposed Land Use20 ADT 1 Average Daily Trips 2 as defined by a single- 3as defined by two single-family 4 LOS=Level of Service family dwelling. dwellings. Public Utility Impacts Water There is an existing eight-inch City water main in Ferry Point Road. Each site must connect to City water. Sewer There is an existing eight-inch City sanitary sewer gravity main in Ferry Point Road. Each site must connect to City sewer. 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. Manousos Enterprises, Inc. Agenda Item D1 Page 4 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. On June 7, 2016, a Subdivision Variance was granted for the adjacent parcel to the south allowing the development of two single-family dwellings along Ferry Point Road and a flag lot for one single-family dwelling in the rear. A similar layout exists just to the south with two more parcels along Ferry Point Road and a large flag lot in the rear. This proposed request is consistent with the existing layouts along Ferry Point Road. Lot Configuration Ferry Point Road 5B-2 4111401P -..., % ' C4 Zr `e,o %.e While the existing site configuration is not ideal, Staff does feel that future subdivisions consistent with the existing pattern of two parcels along Ferry Point Road and one flag lot in the rear is in the best interest of the neighborhood in terms of layout and aesthetics. The New Light Civic League supported the previous Subdivision Variance request for the property directly south of the subject parcel on the condition that the proposed duplex dwelling located on the flag lot be replaced with a single-family dwelling. The applicant revised their proposal, and the request was approved by City Council for a total of three lots. Staff communicated support for a layout similar to those properties to the south of this request with one flag lot in the rear of the property with two parcels adjacent to Ferry Point Road. The applicant has revised their proposed layout to meet Staff's request. Staff recommends approval of a request for three parcels, one of which requires a Subdivision Variance, which is consistent with the recently approved Subdivision Variance requests. The applicant has provided elevations and a site layout for both of the proposed lots. Lot 5B-1 is proposed to have a two-story single family dwelling with vinyl siding for the exterior building material and an attached two-car garage. Lot 5B-2 is proposed to have a two and a half-story dwelling with vinyl siding and an attached two-car garage. The proposed Subdivision Variance for two parcels is consistent with the existing layout of the west side of Ferry Point Road and as such, Staff recommends approval of this request. Manousos Enterprises, Inc. Agenda Item D1 Page 5 Recommended Conditions 1. When subdivided,the property shall be developed as shown on the submitted preliminary plat entitled "1357 Ferry Point Road LOT 5B SUBDIVISION OF PROPERTY LOT 5: PRELIMINARY SUBDIVISION EXHIBIT" dated August 17, 2016, and prepared by Pinnacle Group Engineering, Inc., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on the submitted elevations in the "Proposed Elevations (Lot 5B-1 and 5B-2)" exhibits attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 5B-1 and 5B-2 depicted in the preliminary plat referenced in Condition 1 above. No duplex dwellings will be permitted. 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. Manousos Enterprises, Inc. Agenda Item D1 Page 6 Existing Plat t k as I' I I • . @ & o pi§ 2. g ! 1Z w `����e� °, ( 4 ° i2 // %\% o&�E'' \ )& § £ $ ill_ :1 « , % flo � «490, ®� k ` ƒ j . i._ 22 `/ + s .321 f ! !2 _ . & / 8 § .ƒ e ' -te / g R , $t i / m . , z t§ 0.0- / � 'r? � / r / >@ g- $ 411. \7 --'\ J ® Z* / �\ 2 � // � z {{// ) 9 /.. _ ^ ` k » /z +� 1 ! a -./ fƒ i% k �. C� Z. 1} \3EK ` ®� /}B»- Manousos Enterprises, Inc Agenda Rem DI Page 7 Proposed Subdivision Exhibit I ii ' v +`= 911 ` « j `a;Ate ( B€ Ppp 1188 0 ti ➢ i t / ''Sig.;; ;_ It .a.... —1"•incl-- ,S" l _- `\, �.®o -_-- ►"`. --KYKe. -- EWE a.L �"..: :"C.---,71-. ! :;:.:lOA .S1 i ..• p �'�f�." " -- ".;;....., , --,-. 1 Ali;. ` i„ . IS£1 ! :: 1 .mN"°O i r°Z , i ,- ix-'10 i. 'I.O W i9RR W I • -. iyu I w°D ! y 1 <)X '4 Y gitg ry I" '1 I zCJ . 'Q EF _ 2 CL fl U. e N QI ' I dam cf i i ; se .oz i1� 1 I 0 S SI _- 8-- Ise .s I I I I1317 q .4 4 !`', I .1.7k:10) kIR 1.+elk I I o PI 21. 4o s �, RIx 0111 o x ce ;III MI6 2 1 �4 a x I8I ° U) I ` dna 4 M • N 1 y + I E . N I„I eiK` 1 44, a zin 1 I 'i _ 4 ( I ISI a III . Ys 9 I 1 I r'fr' I JjiII ' "� _ I —�—- =, .oz — I �Ftt I E a M...... 1 Fh N ""a''��"°•” "--- -- n ----- --...C.3-,�-..._ -���.- ��4.-�� . —118 . a ---.w Irl )'uraN.e�.,. .,. :4:. v . .4 11. '+ .-t. .m.wa�"0.141•..."". r i R t. s ,9 b 114, t R Manousos Enterprises, Inc. Agenda Item D1 Page 8 Proposed Elevations (Lot 5B-1) - xt . IT 6t g _ i 1-1-1-- 1 I !I I . g i I i.w+�.ua, I 2 1 Ii I ,I IIS i ,-- N. j 111 11111 j :.:-, _�I ��Ad All i 1 I1 .. 'II a '' it 1 • I� �y I. _.,;„''.:III ,'-'. . I1, � . I II ' 1 I i , , L I I I li I1 1 , ;I xir i Lo 1 ; ' l Il II , ' ,Hi ' ' , • II 111 II Ii, I I Z I, ' 1 I' I I, o Jli.I. III N I , I III'Ij 11.11' - - I .l.l .I_I N t_ .0-.- - — .0-.1 —. I 0, -4 7 - et f. } k —17111[I�;�j r. II. iI� I 10! I �'11!I, 11III I� I I I'I III11I1 II' II j IIIA 7 'I J1 !!!ISI I I . �r I'j ISI I I �� .'III I I /, I• ' \ hill ` Pli I I 1 -1 I�' ii!Ili'I i 1'i l i .•, I „ IIf lis l ; : 11I 1 iI 'lig l �'� '';i I. �' I' I:I'I�' 'I llil(j lTir< N. IllilllllllIj' I 1st `` 111 1' Ii ttu��r II-11/4) _ '� I il I�III IIII QIP i.Io I flirt. IIII_I a . 1 i11 i , u.;. I '1 I�I �.I °— jal I I SII i t k 1 i ki - 5.i ki V1 f a ,.. --+ .. ate- I'---- :yi -N,o -- i—.-Z,*. -I. —a, --- Manousos Enterprises, Inc. Agenda Item D1 Page 9 Proposed Elevations (Lot 5B-2) . alai i 9 A 1 1 —.....I , IL, 1 2.,.. , ti • *. • Nut9w 1,2 1:12 " I' •••• 4 --i-- •'Ili V •1 II,' -1 e il . z I—I ,..,,, ri ..... 2 6 CidE.: 2 I' t• Em -,•.,o ,:e • 1 4 EEI ; z 1 1 INN .. o mil a, TH.; Hii..g ., mitoommak I \.1... 1 El .., . . •ril , Iris 11 = ,, in.„Li' aai • •1. • fir... 4 JIM -- C :... .,<,- •••.} 4 4! ---;;T -. 4 MOM ,,,d•-• • II sqg IIN !: 1 2e5 0 14_, 41 u..7. .§ i Mil rai ,iE; 2y t fE IL l't . iFi BIN g :, L° wo ii :n . HE 11 .... 14 1 I 0 • . , . 1:. 2.° 0 =' a I ' glid 1 1 IS liEE'l_i 1 :-,..e..2 11 t I 1 :It I li z 1 I 1 i 1" li E ..7 211. IV .-- \\Eli ig'.4,i' -•,\. K__,L._` tt _, 17'7 1 . E Manousos Enterprises, Inc. Agenda Item D1 Page 10 Site Photos . i n k _� •_ _. ..� __ - r Tom-•. _...v.. - -• - _ • ` • Manousos Enterprises, Inc. Agenda Item D1 Page 11 Disclosure Statement • * I��iy,, S� � e� v�=�„y..•"` ®'r,.,,4�( ""� Try j APPLICANT'S NAME Manousos Enterprises, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for JEDIP) — — Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • , The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(N weeks prior to any Page I of Mannino Commission antl City Council meeting that pertains to the application(s). G. APPLICANT NOTIFIED OF HEARING DAZE'. ® NO CHANGES AS OF DATE. 1/25'/// Jimmy McNamara in REVISIONS SUBMITTED CATE. 4 Manousos Enterprises, Inc. Agenda Item D1 Page 12 Disclosure Statement 'Y a I . tl y1 * ..^.m.. : ,, ii. ' °` v, 3 n Check here if the APPLICANT IS NOT a corporation, pa etship, lrm, business,or other unincorporated organization. IgCheck here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicants 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) Dimitrios Manousos (B) List the businesses that have a parent-subsidiary I or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Analicent. 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:Manousos Enterprises, Inc. If an LLC, list the member's names: Page 2 of 7 Manousos Enterprises, Inc. Agenda Item D1 Page 13 Disclosure Statement :. If a Corporation, list the names ofall officers, directors, members,trustees, etc.below: (Attach fist If necessary) Dimitrios Manousos (R) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than SO percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101 2 'Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (li) 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. e a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the suhiert of the application or any business ooeratina or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 Manousos Enterprises, Inc. Agenda Item Dl Page 14 Disclosure Statement � rk_ 4•444Aiii ;i: ,,1 t ' ,r 4`=^a} APPLICANT "� `� q '.c r LYES NO SERVICE PROVIDER( add`tlSW'NrwsIf needed)' n [/I Accounting and/or preparer of I 1 W your tax return n r4 Architect/Landscape Architect/ Land Planner Contract attain Purchaser(if CI Z the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ IX purchaser of the subject property (identify purchaser(s)and purchaser's service providers) E XI Construction Contractors , Engineers/Surveyors/Agents 't7,4-..- roup riniaering.Inc. Financing(include current El ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 11 Legal Services Real Estate Brokers/ n , Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Manousos Enterprises, Inc. Agenda Item Dl Page 15 Disclosure Statement • t 'a CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meting, or meeting of any public body or committee in connection with this Application. Manousos Enterprises, Inc. APPLICANT'S NATURE PRINT NAME DATE �tIM1 TA int JsnAnle✓S05. 6/tlf6 Page 5 of 7 Manousos Enterprises, Inc. Agenda Item Dl Page 16 Disclosure Statement OWNER r,Ar ),+5 YES NO SERVICE _ I PROVIDE o sheenir needeq ❑ „ Accounting and/or preparer of your tax return ❑ �' Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(If other than othe Anolicana)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ XI purchaser of the subject property IN (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Pinnacle Group Ergineenng,Inc. Financing(Include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El ��� 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 Manousos Enterprises, Inc. Agenda Item Dl Page 17 Disclosure Statement Fr S kV.. i.2,,-.2.2‘,22,',..72 a ' kik S f 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. Manousos Enterprises, Inc. PROPERTY OWNERS SIGNATURE PRINT NAME DATE ` 1 DIMITRIOS MAMOVSOS Page 7 of 7 Manousos Enterprises, Inc. Agenda Item Dl Page 18 Item 401 Manousos Enterprises, Inc. Subdivision Variance 1337 Ferry Point Road District 2 Kernpsville December 14,2016 CONSENT An application of Manuous Enterprises, Inc.for a Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)on property located at 1337 Ferry Point Road,District 2, Kempsville. GPIN: 1465-09-8115- 0000. CONDITIONS 1. When subdivided,the property shall be developed as shown on the submitted preliminary plat entitled "1357 Ferry Point Road LOT SB SUBDIVISION OF PROPERTY LOT 5: PRELIMINARY SUBDIVISION EXHIBIT"dated August 17,2016,and prepared by Pinnacle Group Engineering, Inc.,a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When the property is developed,the residential dwellings constructed shall have architectural features,and appearance of like quality and character to the homes depicted on the submitted elevations in the"Proposed Elevations(Lot 5B-1 and 5B-2)"exhibits attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 5B-1 and 5B-2 depicted in the preliminary plat referenced in Condition 1 above. No duplex dwellings will be permitted. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to approve item Dl. AYE 11 NAY ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AVE OLIVER AYE REDMOND AVE Item#D1 Manousos Enterprises, Inc. Page 2 RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item Dl for consent. The applicant Dmitrious Manousos appeared before the Commission. tAP,IVa _ fiye„......„01,..3............„.....„„...„.................------- I° 1 -' OP' NIA 4 l' ri Rai 1111 I __� i U3 --- r•ft L I I 0 Xi ,_:2 I i 1 p n I-- O1 11 1rii---____J1 EN El 73 111\t‘ 13 INA la 0 %1116 *II II 7."116 X 111141.1\ opiklikioN\11‘ ...\, , . c.--.3 n O \\\ t, a 1 il _ J 3 i , .... , 1 , " , .. 1 , z{fff/p// CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BIRDNECK STORAGE 2, LLC [Applicant & Property Owner] Conditional Change of Zoning (R-10 Residential District to Conditional I-1 Light Industrial District) 1044, 1054 & 1052 Bells Road (GPINs 241658111, 241658214, 2416571965). COUNCIL DISTRICT— BEACH MEETING DATE: February 7, 2017 ■ Background: The City Council indefinitely deferred this request at the September 6, 2016 City Council meeting. The subject sites are currently zoned R-10 Residential and were, until recently, developed with three single-family dwellings. The applicant intends to rezone and consolidate the three parcels to allow redevelopment of the site with a self-storage facility. The submitted site plan depicts seven single-story storage buildings with nearly 32,000 square feet of floor area. Proffered hours of operation are Monday through Friday from 7:00 a.m. to 9:00 p.m., and on Saturday and Sunday from 8:00 a.m. to 8:00 p.m. The site will be enclosed by a combination of a seven-foot high solid wood fence and the exterior walls of the self-storage buildings. No windows or doors are proposed on any of the walls facing out from the site. The required 25-foot buffer planted with Category II plant material is depicted on the proffered plan along the western property line adjacent to the residentially zoned parcel. A 30-foot landscape buffer, planted with staggered rows of trees, is proposed along the northern and eastern property lines that adjoin residentially zoned properties, exceeding the minimum width requirement of 25 feet. • Considerations: On January 17, 2017, the City Council approved an amendment to the Comprehensive Plan to add the Historic Seatack Suburban Focus Area #9 (SFA). Along with a boundary of the SFA, specific recommendations were adopted as well. As this site is located within this SFA, the applicable recommendations now found in the Comprehensive Plan related to this request are as follows. Birdneck Storage 2, LLC Page 2 of 3 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. The site is located in the greater than 75 dB DNL high noise zone, which is the highest noise zone, and the Accident Potential Zone 2. Rezoning from R-7.5 Residential to Conditional I-1 Light Industrial will remove three residentially zoned parcels that are not listed as compatible uses within Article 18 of the City Zoning Ordinance. New development should respect the historic settlement of this area and should be compatible with the neighborhood. Significant landscape screening and buffering should be established between existing residential areas and new non- residential development to mitigate adverse visual and noise impacts. 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. The proffers have been strengthened in an attempt to ensure compatibility with the adjacent residential properties. This includes limiting the hours of operation, limiting the use of this site to only self-storage, installing plant materials in the required buffer that exceed the minimum requirements, limiting the height of the buildings to one-story with a maximum height of 13 feet, locating the buildings rather than drive aisles adjacent to the residential property lines, designing the buildings that no doors or openings face the residential properties, prohibiting any dumpster to be located on the site, and prohibiting the operation of an office and any nuisance uses on this property. In addition, this section of Bells Road has been in transition from residential uses to commercial and industrial uses for some time. For example, the property adjacent to the east of this site was rezoned to I-1 Light Industrial District in 2006, and the property at the northeast corner of Bird neck and Bells Roads, potions of which also abut this site, was rezoned to from B-2 Community Business to I-1 Light Industrial in 2004. Another parcel between that corner lot and the subject site has been zoned 13-2 Community Business for over 40 years. This information is provided on page 3 of the Staff report. If this rezoning is approved, only two residential properties will remain on this section of Bells Road. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. Opposition was present at the Planning Commission public hearing in July of 2016, and focused on compatibility of the self-storage facility with the surrounding neighborhood. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 5. Birdneck Storage 2, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Cepa. e. - • eency: Planning Departme City Manager: bAlly Applicant & Property Owner Birdneck Storage 2, LLC Agenda Item Public Hearing July 13, 2016 (Deferred on 04/13/2016 and 05/11/2016) City Council Election District Beach D1 ill/of Virginia Beach Request Conditional Rezoning(R-10 Residential to Conditional I-1 Light Industrial) oWtpouk e F,..+lane Staff Planner Jimmy McNamara ,P *woo,tout Location >75 de ons it 44 1044, 1054, 1052 Bells Road t &ec4"° `"° GPINs 241658111, 241658214, 2416571965 te II Site Size "edt"o¢ § 1.935 acres •.�ft°'° *f AICUZ1. Greater than 75 dB DNL;APZ 2 Existing Land Use and Zoning District Single-family dwellings/R-10 Residential Surrounding Land Uses and Zoning Districts North f s Single-family dwellings/R-10 Residential ^w ":�,,, ' . E•.4 South ,""old,,,tib ., ,;, ,r r Bells Road Ai... �, �' ,: Wooded/ R-10 Residential : ' L l _ %I'.East �; ' _ Industrial warehouse/Conditional I-1 Light t t� • Fy "� � � Industrial r i , ' + e West • v-. • • .,, .%''' - Single-family dwellings,vacant building, 3 industrial warehouse/R-10 Residential, B-2w Community Business, Conditional 1-1 Light x • Industrial`. �,'' .. 44• Beds go,c1 ....- Birdneck Storage 2, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • This request was deferred by the Planning Commission on April 13, 2016 and on May 11, 2016 to provide the applicant additional time to meet with the surrounding property owners. As a result,the applicant has made several revisions to the site layout including reorientation of the buildings and enhanced landscaping. • The applicant requests to consolidate and rezone three parcels, currently zoned R-10 Residential District,to Conditional I-1 Light Industrial District for the purpose of developing the site with a self-storage facility. • The three existing single-family dwellings on the property will be removed. • The site is located within the greater than 75 dB DNL noise zone, and the Accident Potential Zone (APZ) 2. The existing residential dwellings are an incompatible use, as identified in the Land Use Compatibility Table in Article 18, AICUZ, of the Zoning Ordinance. • Seven,single-story,self-storage buildings are proposed on the site,totaling approximately 31,500 square feet. The buildings will be constructed using tan,split-face,CMU block; dark brown steel rake trim; and, a galvanized standing-seam metal roof. • As the applicant has an office in his existing storage facility on Birdneck Road, no office space or employees are proposed to be located on the site. Access to the site will be gated and restricted to "Pass Code" entry only. The proposed hours of operation are Monday through Friday from 7:00 a.m. to 9:00 p.m., and on Saturday and Sunday from 8:00 a.m.to 8:00 p.m. • The northern and western property lines, as well as a portion of the eastern property line, adjoing residentially zoned properties. Section 1003 of the Zoning Ordinance requires a minimum 25-foot buffer, planted with Category II landscape material along any lot line where an industrial district adjoins a residential district. The proposed proffered concept plan depicts a 30-foot landscape buffer, planted with staggered rows of trees planted 15-feet on-center. The type and size of the tree are specifically depicted on the proffered rezoning exhibit and are as follows: Tree Type Height at Time of Planting(Feet) American Holly 8-10 Cryptomeria 5-6 Eastern Red Cedar 6-8 • The entire site is proposed to be enclosed by either the exterior wall of the buildings, or a seven-foot high,solid, wood fence. No openings (doors or windows)are proposed on any of the walls facing out from the site. • The proposed proffered elevation depicts single-story buildings with a maximum height of 13.66 feet, substantially less than the maximum building height requirements in Section 1004 of the Zoning Ordinance which limits the height to 35 feet for structures within 100 feet of residentially zoned parcels. • The application states that all proposed lighting on the property will be shielded and directed downward to limit overspill of light beyond the property's boundary. Bird neck Storage 2, LLC Agenda Item D1 Page 2 - ` - l ! R-1,n • } ''�` Zoning History 1 III 3 # Request If% i.i s 61` 1 SVR Approved04/11/2000l_i. R 1 ....1 2 CRZ(B 2& R 10 to Conditional 11)Approved a � 2 07/13/2004 4 i� B-2 • V ;e 3 CRZ(R-10 to Conditional I-1)Approved 10/12/2006 c �� 4 CUP(Communication Tower)Approved 12/11/2001 4 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use CRZ—Conditional Rezoning ALT—Alternative Compliance STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The subject property is located in the Seatack neighborhood in the City's Suburban Area/Suburban Focus Area (SFA)4- Virginia Aquarium &Owls Creek Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses (pp. 3-1 through 3-3). The Virginia Aquarium and Owl's Creek Area Master Plan designates this area along Bells Road east of Birdneck Road and areas to the north of it as "existing residential" (p.3). Natural and Cultural Resources Impacts The site is located in Owls Creek watershed,which is part of the Atlantic Ocean watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Bells Road 142 ADT' 6,200 ADT'(LOS°"C") Existing Land Use z—30 ADT 11,100 ADT'(LOS°"E") Proposed Land Use 3 148 ADT LOS=Level of Service 'Average Daily Trips 2as defined by 3 single- Sas defined by 1.935 acres of 1-1 ° family homes Industrial District Birdneck Storage 2, LLC Agenda Item D1 Page 3 Public Utility Impacts Water There is an existing 10-inch City water line in Bells Road. These sites currently connect to City water. The three existing 5/8-inch meters (City ID#s 95141251, 95057642 and 95140915) can be used or upgraded to accommodate the proposed development. Sewer There is an existing eight-inch City gravity sanitary sewer main in Bells Road. The sites currently connect to City sewer. Evaluation and Recommendation The proposed Conditional Change of Zoning request to rezone three parcels from R-10 Residential to Conditional I-I Light Industrial,for the purpose of developing the site as a self-storage facility, is in Staff's opinion, consistent with the land use policies of the Comprehensive Plan and compatible with the Zoning Ordinance requirements for the APZ-2 and the greater than 75 dB DNL high noise zone. This site poses a challenge to blend the uses allowed under Article 18 of the City's Zoning Ordinance,with uses that are compatible with the existing residential dwellings in the vicinity. As demonstrated by the City's commitment to retaining NAS Oceana, in recent years,this area has been transitioning from residential uses to uses compatible with Article 18 of the Zoning Ordinance. In Staff's opinion, low-impact, low-intensity uses such as the proposed self-storage facility are appropriate adjacent to residential uses, provided sufficient protections are in place. Self-storage facilities have been approved and are operating harmoniously throughout the City; however, careful consideration must be given to the impact of such facilities on existing residential properties. Factors such as perimeter landscaping, site lighting, building scale, architectural quality, and potential noise generation must be examined to ensure compatibility with the surrounding uses and to protect the existing neighborhood from potential intrusive impacts. As a result,the applicant has added an additional proffer to ensure that all activity on the site be limited to the storage of goods,and that uses such as offices, band rehearsals, residential dwellings, repairs, or any other purpose not consistent with the storage of goods be prohibited. To further strengthen the request and provide additional screening of this use to the adjacent residential properties in the short term,Staff requested that additional plant material be added to the northern and eastern property lines. The applicant has agreed to install this plant material to provide additional screening for the adjacent residential neighborhood, which exceeds the minimum standards of Category II screening. Right-of-way improvements will be required with the development of this site. Improvements include, but are not limited to, pavement widening, curb and gutter, drainage, and street lighting. In sum, it is Staff's opinion that this request to rezone the site and develop it with a self-storage facility is appropriate at this location. Ensuring the height of the buildings is limited to a single-story,the use of the property is limited to self- storage purposes only, and the addition of extra landscaping will encourage compatibility with the existing neighborhood. Based on the above consideration,Staff recommends approval of this request subject to the proposed proffers. Birdneck Storage 2, LLC Agenda Item D1 Page 4 Proposed Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed,the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibits entitled, "REZONING EXHIBIT BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia," and "REZONING EXHIBIT—EXHIBIT#2 BIRDNECK STORAGE 2, LLC,VIRGINIA BEACH,VIRGINIA",dated January 29, 2016, prepared by WPL, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Concept Plans"). PROFFER 2: When the Property is developed,the mini storage buildings depicted on the Concept Plans shall have the architectural design, appearance, height and exterior building materials substantially as depicted and described on the three(3) exhibit labeled "TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD"; "TYPICAL ELEVATION FOR BUILDINGS ALONG EAST AND NORTH PROPERTY LINES"and "TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). PROFFER 3: When the Property is developed,the freestanding sign depicted on the Concept Plans shall be an externally lit, monument style sign not exceeding eight feet (8') in total height, which will be constructed using materials of a color and quality that is substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning Department,Zoning Division, for any signage located on the Property. PROFFER 4: When the Property is developed, access will be gated and restricted to "Pass Code" entry only between the hours of 7:00 AM and 9:00 PM Monday through Friday and between the hours of 8:00 AM and 8:00 PM on Saturday and Sunday, with no access permitted between the PM closing and AM opening times. PROFFER 5: When the Property is developed, there will be no permanent dumpster location on the site. PROFFER 6: When the Property is developed, a photometric(i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. PROFFER 7: When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. Birdneck Storage 2, LLC Agenda Item D1 Page 5 PROFFER 8: When the Property is developed,the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior(outside)storage of motorized vehicles on the Property. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. They provide assurance that the development of the property as a self-storage facility will be as depicted on the proffered site concept plans, that the buildings will be constructed with the materials and at the height noted on the submitted elevations, that the lighting generated by the site will not negatively impact adjacent properties, and that the landscaping provided will provide more than adequate screening between the proposed mini-warehouse use and the existing residential uses. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit ore valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Birdneck Storage 2, LLC Agenda Item D1 Page 6 Proposed Site Layout t 05 x 0 6 r liii.. . e / fi / a i cE�•f - y[ tc It.,:ogt I ; ----_____ -' -. '---'---1 ill x ..: t ; iJ f IE� M 11 ; —-_, ... r 5. p — , .ri.1 T 7 rg lc, $$ 1/0 w LII I%6+1�� gc E i , w a tl7•_S illE ,/ P jt 11 I F1 I 1 0 YE Yi • I'2P! B 1 7� { _jay ' 11111111� • f ,a . ! o CC —i P• ;;, . 1W —, Q I k Ep`Q .irM Clad./ O N F i 7 Q Q f ilii =w t E a g ms�. z° I € i MIi5ii a "' z = §§q8 .qqqI z tO a w • < iE`a geese 5E z®a-•/.. - 0A Ci 41111 Ii � 199klggq 9¢ mt i E 3 VFyi PO iii a BFS6 f c Bird neck Storage 2, LLC Agenda Item D1 Page 7 Approved Adjacent Development ii 84 -,.._______ lryl .5 �1.., ,i' �s • �., 1 1 y*lA .i_. • ^ter{ c: •��A• �''I 1 j ,:-.';',.7..,:770-. x:.. '.:` l„. z ' '\I ..----L- - . `., .,\.14:\;-:, ' -7. i \::\ i• );., ...,1"' 0:__ .........: \--7. ,, 4 tir,, : s,,,,,-: -..._.....4. .., \41...:',.::7...x j ti::::I.':...- . ''. g S` E \ ' .'.1 \gi ' \•. . F s : ',i - 1 1 . 21 p _moi Z i Q/`i ,:,..,---- ,...,-* 0 - . 1 In— ix Oc !i . CC i �s J o e J Z PO 5 #:i !!:s fill W M e( 4 ii; n C)A is f ' Q I mcc xi x0 ¢+ w .‘<t ii:z cil Ne a� K ;10 8 : azmzi : Zoag' . N 0 aJ xm1 aj . . , Bird neck Storage 2, LLC Agenda Item D1 Page 8 Proposed Elevations SOUTH ELEVATION OF WESTERN BUILDING Steel Rake Trim ______ / Dark Brown Color 12.67 11.33 1I i i \... ___\ I Lie 55.00' - - `-- Split Face CMU Panels Light Tan Color Split Face CMU SOUTH ELEVATION OF7- Tan Color EASTERN BUILDING 12.33' 13.66' TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD —t _ BIRDNECK STORAGE 2,LLC REZONING EXHIBIT ----- —30 p0'-----_._--------_____- Drawing Not To Scale 13.66' / \ 4 Smooth Face CMU -I • Steel Rake Trim Tan Color Dark Brown Color TYPICAL ELEVATION FOR BUILDINGS ALONG EAST&NORTH PROPERTY_INES BIRDNECK STORAGE 2,LLC REZONING EXHIBIT prewing Not To Scale Birdneck Storage 2, LLC Agenda Item D1 Page 9 Proposed Elevations 8.67' 101 iL.-- _ ___ I 9.0' 11.33' Smooth Face CMU ' Smooth Steel Header Panels —/ I 11 IV Tan Color Matching Color ±..____1 10.0' 12.33' TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS BIRDNECK STORAGE 2,LLC REZONING EXHIBIT Drawing Not To Scale Bird neck Storage 2, LLC Agenda Item D1 Page 10 Site Photos • I ,. Si4 .. -•4 -- _- } t -V View from Bells Road :e•4 9i�1 �'4 pr4 t I.. •. q' _ n. _ � _ r , et . .. . , ., 0, . _ _ .. .. ,,,,. .: ,...,.. ................_.........,........... _ ..... . .r. .. ...,-..1. .-,..:,..,"-'4.1•;,...,L-•..:::-r, ....... . -^.",.....,.. '''' ..,''•':*-11";' -f;'''''':*- ::- ' ' . ' '._-, , i'' ',- ......--;, : • - ia�„ _c • aY • jam" ,k, ,47i. � 't�s .- , < " ,..^-. ]. � �* Y ••1. � �;tl. -, t.• , ,t i , '.-;-..-54:•,1'., .+ e , -�4 ,I '.a'•- t-. ,s• o . € `-'41 -"- ' a ` K y'• c •�am.} •'- 4 . ra �' rG - yr-- '. ri4' _ .i•w✓ t` te r: # .s " , t# _ .- '�Yw . a� 7es e. A.L ` ^ •Rear property line Property looking west Bird neck Storage 2, LLC Agenda Item D1 Page 11 Site Photos - ° `� , r "-, r Y F " '.7-,/- r fit s. 1. �. -- - ts. < �ti _�1yy ekiti' 1 r p iso 1" : a -;;;;-1.'1 isl'''...:1t:.--;;;4.:*11'.;..: ::::::::::::':'.0.1?4...,1..:-'5'<g::72.;_.,.:.:: 111::::,.. ,....1,1,::::-"""--,'',, Northeastern Property Line Northern Property Line with Drainage Ditch Birdneck Storage 2, LLC Agenda Item D1 Page 12 Disclosure Statement NiaB aginia Beall APPLICANT'S NAME: Birdneck Storage 2, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning __ Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE oRC➢r USE6 il'r _ 1 - - Page I of 5 A. retro • Arrt IC N I NOT 1111-n 01 111 ARIN7.7.71 L r NOLNANbBAI )/Z�r/f711 {�y r, Jimmy McNamaraRIVISIONS'WWII!' t0 Birdneck Storage 2, LLC Agenda Item Dl Page 13 Disclosure Statement 11/473 Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Birdneck Storage 2, LLC If an LLC, list all member's names: Ryan Powell, Manager/Sole Member If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' 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 oroverty owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT 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 TIIEN complete the following. (A) List the Property Owner's name: if an LLC, list the member's names:. Page 2 of 5 Birdneck Storage 2, LLC Agenda Item Dl Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a patent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parentsubsidiary relationship)' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of Ile voting power of another corporation See State and Local Government Conflict of Interests Act,Va. Code§ 2.2 31W. 2 'Affiliated business entity relationship' means 'a relationship. other than parent-subsidiary other relationship,that,l i)exists when(g one br i i one entity has a controlling ownership interest in the Other business entity, e a controlling t rec control one entity we n also a controllings owner in the other entity,or NO there is sharedter management or ofan the business entities factors that shouldhathe consideredPsin substantially the existenceameof an affiliatedmagnets entity relationship includecmo theo same person or asetthe same Aaron own or manage the two same entities;there are common or commingled funds or assets;the business presides share the lar a the oo offices e employees sOr e otherwise share activities, resources or personnel or, a regular basis; or there is tofotherwise na duct, working relationship23)01 between the amities" See State and Local Government Conflict of Interests Act, Va.Code 3b31o1. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or Any business pee gtj g 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 Birdneck Storage 2, LLC Agenda Item Dl Page 15 Disclosure Statement Virginia Beach YES N SERVICE PROVIDER me needed) sheets if ❑ X I Accounting and/or pamperer of your tax return ❑ IZ Architect/Landscape Architect/ L Land Planner Contract Purchaser(if other than ❑ E The Amalieaal)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ea purchaser of the subject property (Identify purchaser(s)and ��/� purchasers service providers) ❑ IN Construction Contractors Z1 Engineers/Surveyors/Agents WpL Financing(include current Banking relationship with B88T.No D ® mortgage holders and lenders financing at Psis lime. selected or being considered to provide financing for acquisition l�j or construction of the property) i 1 Legal Services Sykes.Bourdon.Ahern 8 Levy.P C Real Estate Brokers/ ❑ z 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 ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Birdneck Storage 2, LLC Agenda Item Dl Page 16 Disclosure Statement viryinie Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification That the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. - _ J _ Ryan Powell, Manager r Z. /'l( - AMICANTSSILNA RE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME InATE Page 5 of Birdneck Storage 2, LLC Agenda Item Dl Page 17 Item#D1 Birdneck Storage 2, L.L.C. Conditional Change of Zoning R-10 Residential District to Conditional I-1 Industrial District 1044, 1052&1054 Bells Road District 6 Beach July 13,2016 REGULAR Jan Rucinski: The last item on our agenda is item Dl, Birdneck Storage 2, L.L.C. It is an application for a Conditional Change of Zoning from R-20 residential to Conditional I-1 Industrial on property located at 1044, 1052 &1054 Bells Road, District 6, Beach. Jeff Hodgson: Good afternoon. Eddie Bourdon: Good afternoon Mr.Chairman. Thank you Ms.Rucinski. For the record, Eddie Bourdon, a Virginia Beach attorney representing Birdneck Storage 2, L.L.C.,Mr. Ryan Powell,the owner of Birdneck Storage located at Birdneck Road and Bells Road on the southwest corner for the last 33 plus years is here. I want to begin by thanking Mr. Minns and the Seatack Civic League membership for their graciousness and their hospitality in hosting us at their meeting about a month ago,about five weeks ago. We had a very gentlemanly exchange of information and position. It was the American way. We thought it went...We appreciate it very much. Let's just leave it at that. What I want to start out by since you are all familiar with this, but I suspect I need to go a little bit into the history again. My client's business has been in place on Bells Road and Birdneck Road for like I said for 33 years. While he has been in business he has seen what's been going on around him in the community. And as a result has within the last year, 15 months, has purchased the property that we are here to talk about today. I will get into that in a few minutes. He has done so for the purpose of building an annex to his existing facility expanding an existing business existing successful business located in the highest noise zone around NAS Oceana and APZ-2. Since the last hearing,and listening to some of the comments that were made,we made changes to the plan,and I want to go through those. Jimmy went through some of them. I don't think he hit all of them. But we have, Ms. Rucinski and some of the Commission members requested,we changed the configurations of the buildings. We have smaller buildings,one sided buildings that only enter on one side, more expensive way to develop. The properties that we have nothing but mortar and masonry on the outside of the project,so there is no doors that are facing,even though further away,facing anybody's home on Olds Lane. We have expanded the buffer from 25-feet to 30-feet. We called to our east and our west the buffers are 25-feet. This is the last piece of infill adjacent to the back of the properties on Olds Lane. Those to our east ad our west have 25-foot buffers. We have a double row of evergreen plantings to be planted now with required plantings heights in the proffer. Previously it was one row of evergreens. No height requirement, minimum height requirements have been doubled. That doesn't exist to either our east or our west. We are, by proffer,closed,this facility will be closed after 9:00 pm weeknights,after 8:00 pm weekends. It will not open until 7:00 am weekdays,8:00 am weekends that is 43 percent plus of the time during the week that this facility will be closed. The industrial uses to our east and our west can be utilized 24-7 without restrictions. This portion of Bells Road,you had some conversation this morning,some interesting things I've heard this morning. I gave you a handout and I have a bunch of bullet points but this is important to know what Item#D1 Birdneck Storage 2, L.L.C. Page 2 the facts are.The facts,not perceptions,are well intended but still in accurate and somewhat misleading. The only portion of Bells Road that the Seatack Civic League,according to Minns, if I understood him correctly the Seatack Civic League meeting,that is in Seatack, in their view,is the eastern side of Birdneck Road because he indicated that the existing facility of my client is not in the Seatack community. I don't know if he meant to say that. It may have been a misstatement or he may have misspoke but he indicated that they didn't consider west side Bells Road to be in Seatack. This is 600 feet away from that existing facility. Bells road on the east side only extends a distance of 986 linear feet to a cul-de-sac. That is it. Beyond that, is an ingress/egress easement that goes on down to Rudee Inlet. All the land on both sides of the 980 linear feet of Bells Road is in the highest noise zone,greater than 75 db and it an Accident Potential Zone 2 from flight operations from NAS Oceana. This eastern section of Bells Road provides access to 179.635 acres of land,all of which is in the highest noised zone, 75 db above. And all of it that is on the actual road itself, is in APZ2,which is the Department of the Navy,the Commonwealth of Virginia and the City of Virginia Beach have all adopted policies and ordinances as well as allocated tens of millions, if not over 100 million dollars in acquisitions to discourage and prevent incompatible land use from developing,which will imperil the future of NAS Oceana,according what happened during the BRAC process about 12-14 years ago. The Department of the Navy has purchased 4 parcels containing 165 acres on this eastern section of Bells Road,to preclude them from being developed in an incompatible manner. Virginia Beach has acquired 2 parcels containing over three acres which will not be developed in an incompatible manner, i.e., houses. Immediately to the east and adjoining our assembled 1.935 acres is an industrial zoned property,4.7 acres,which the Department of the Navy purchased easements over many decades,which precluded to be developed in any other than industrial. It precludes residential. And upon which this Planning Commission and the Virginia Beach City Council each unanimously approved a rezoning for construction of four large office warehouses in 2006. Hundreds of thousands of square feet of office warehouse space and you see that shown there. It is on page 8 of your package.Those buildings are 20-23 feet tall, 25-feet from the back of the homes on Olds Lane,the residential street,and we also didn't provide. There was no access provided on Olds Lane for this industrial development to protect that residential street, and that is Olds Lane,when that was unanimously recommended for approval by the Planning Commission and voted unanimously to be approved by the City Council. To the west of us and adjoining in our northern north eastern most of 125-feet of our assembly three parcels is an industrial zoned property containing just under two-acres with a very large warehouse and a parking lot,which was rezoned by City Council unanimously in 2004,with an unanimous vote by Planning Commission recommending approval. I neglected to mention on the property to the east,an industrial use that is permitted under the Navy's restrictions is permitted in that building. Manufacturing,fabricating, you name it,it is permitted in any of those four buildings. Same is true, plus additional ones in Mr. Thompson's warehouse, but that is in appurtenant information at this point.The two adjoining industrial zone developments to our east and our west only have 25-foot buffers with one row of trees and no limitation whatsoever on hours of operation. Also to the west of the subject parcels that we are involved in today, is three parcels that is zoned Unconditional B-2 Commercial,combined one-acre and any number of things can on go those pieces of property as a matter of right.So,out of 179.35 acres, let's call it 180 acres that are served by Bells Road over the highest ACUIZ zone within APZ2,there are 5 parcels containing 2.785 acres that are zoned R-10 Residential and can be resubdivided and redeveloped into nine single-family dwellings if they are combined. That is the extent to which any residential development can occur on this section of Bells Road is this property and the two next to us,which would produce nine houses in APZ2. Now,that is well below 2 percent of the land that is served by the eastern section of Bells Road,and I am sorry that I have to say this but that is simply not a significant amount of Item#D1 Birdneck Storage 2, L.L.C. Page 3 residential development on Bells Road. Now,with this rezoning,which will cost the taxpayers of the Commonwealth,the City and the Federal taxpayers not one penny,we will eliminate seven potential homes sites in the highest noise zone and most importantly in APZ2 from ever being developed on these three assembled pieces of property.There will be no more than two and someday the pieces next door, which do not abut anybody on Olds Lane,there will be no more than two on those property's homes, and one day they won't be homes either. In addition to redesigning the layout,all the things I've talked about that you all asked for and restricting the hours of Operation. I don't know what else we could do to make this a better application. It is clearly the least impactful of anything that is already out there. And finally, I strongly serve that the proposed land use is less disruptive under anybody's definition than the already existing industrial uses,which my client has sat there and watched develop and seen everything else happen,sees what the Comprehensive Plan says,which sees part Article 18 of our City Ordinance says with regarding or protecting the operations at NAS Oceana. Knows there is nothing historical on Bells Road. Know that Bells Road doesn't provide access to anybody else's neighborhood or anybody else's houses,and he made a decision to buy this property expecting you can be treated like everybody else who has developed property and had property rezoned on this section of Bells Road since the BRAC process. If we were suggesting access to this property from Olds land, if we were suggesting to encroach into that residential community,which has been protected by the rezoning that have already been approved, I would be here agreeing 1000 percent with well-intended people,who I'm with Mr. Minns. I'm with Mr.Jackson. Mr.Jackson is one of the most well-spoken persons that I've every listened too, but the reality here is that is a road that provides access to an annex at Dam Neck, where the special warfare folks do their thing. It provides access to the erosion commission and has for decades. We dredge and handle all the issues with Rudee Inlet. It will provide access to a straining center for marine mammals that museum is about to build down on the water at the end of ingress/egress easement. The navy wants to protect all that is down there. We have traffic that goes through here daily. It has nothing to do with a residential neighborhood to get down to the Dam Neck Annex that is at the end of the street. So,this is just simply not a residential street now. It may have to some degree had a residential flavor years ago. We said earlier, I heard stated we have to look. I think Jeryl Phillips, looked at existing and future land use within the community. This portion of Bells Road, the existing land uses are overwhelming. It is not residential. It is not going to be residential. And it is just a pipe dream to suggest otherwise. We do need to protect Olds Lane and this application does protect Olds Lane and it is the end of the issue. If you put the composite map up there, I will be happy to go over the percentages, and I didn't get the linear feet. Do you have the composite map Mr. McNamara? This will work. This is commercial. This is I-1. This is us. This is the remainder of I-1.This is the last 28 percent. If you work it all out,this is 28 percent is the last linear footage of adjoining residential. Everything else is already industrial or commercial. This is already there. This can be developed for any number of things.This is a 25-ft buffer industrial. The rest of this is all industrial with 25-foot buffer and one row of trees. This is the end of it. The last 28 percent and we're not coming in off this road. We're not doing anything any different this time. We're already out there living more buffer and less intrusive use,far less. I heard you all when this was on the agenda back in April,where you wanted some changes to play. I think everyone pretty much agreed this is about the least intrusive industrial use you can put on a property in this area,and that is the fact. I've got a list that I went through just this morning in my own experience of twelve storage facilities that adjoin residential in the City of Virginia, and all over the city of Virginia Beach because it was said the last time we were here that we wouldn't do that in other places. As a rebuttal, my time is up. I'll be happy to go through that list, and that is not a complete list. That is just something that I did based on my own experiences,and they are in some nice areas just like Seatack. So,just simply disagree with anybody who would suggest that Item#01 Birdneck Storage 2, L.L.C. Page 4 the Navy is going to think it is a good idea and be supportive of the idea of putting houses here versus what my client is proposing to do here.That's a pipe dream. And we shouldn't be in any way,shape or form imperiling NAS Oceana over putting houses on this property is the right thing to do versus allowing it to develop as all around it has either all developed or will be developed because this isn't going to be residential. There is a house there. It is a non-conforming use. It is not going to be residential. It can't be zoned residential. It violated our ordinance on everything that we have in our ordinance because it is APZ2,same here. It is not going to be residential. It can be any number of businesses. So,this is all that is there,less than 2 percent. If you approve this,we're down to less than one half of one percent of all the land that service by Bells Road that can have two houses on it. That is it. I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you sir. Jan Rucinski: Okay. The first speaker that I have in opposition is Scott Sonier. Scott Sonier: Good afternoon. Jan Rucinski: State your name for the record please. Scott Sconier: Sure. My name is Scott Sonier. I live at 1049 Olds Lane,which is at the northeast corner of the proposed property. So, actually Mr. Bourdon talks about the two percent off Bells Road and yes, if you're talking off Bells Road. That is correct.We are not talking all of Bells Road,we're just talking about let's say,what he say,900-feet. So,that is 28 percent,which I think is a significant amount. One of the biggest issues for me is the quality of life issue for most people in Virginia Beach and anywhere. Your home will be the single most important investment in your lifetime,and having children and a family. I also think about the hours of operation. The proposed hours are 7:00 to 9:00 on weekdays and 8:00 to 8:00 on the weekends. If you think about it in the summertime,yeah you have an hour before maybe two hours before,an hour after on unencumbered daylight time, but if you get to the evening time,we are talking about the wintertime,that is no unencumbered time that I could spend that outside with my family where I wouldn't have to deal with the possible intrusion of the facility. Mr. Bourdon spoke about that the designation of the property that is I-1,the five acres,and in 1981,the Navy did buy the air rights to that area, and as a result,for the five acres,you can only have two residential dwellings on there. So, my property and the one to the east of my property so,if you're looking here,that property is my property. That property top the east are the only two on that original five acres. He is correct in saying that it was exactly 10 years ago yesterday that was brought up as a rezoning,and yes he is correct that those buildings could be larger. At that time, I did come to speak in opposition to it to with no avail obviously. But,to say that the trend is going to industrial, I think is a little bit of a misnomer in that east.The eastside of South Birdneck Road,it is primarily residential. You have two churches,at last from Long Street down to Bells Road. Long Street is up. I believe this street just south of Norfolk Avenue. So,you have two churches. You have the laundry facility, and then you also have the,and I don't know if this property here is still the Roman facilities, but you have those.So, in ten years, I don't see where it is has been going that way. I can agree that the west side of Birdneck Road,absolutely, is for the industrial side. So, I would agree with that and I heard a comment today that was enlightening that hey,with the things that have been going on with the Seatack community,there has been some talk about hey, let's keep the west side industrial,the east side residential. So,thinking of that, I would like to keep that in mind. With respect to the Navy, I think the Navy would prefer to Item ND1 Birdneck Storage 2, L.L.C. Page 5 have nothing there. As a matter of fact,certainly the proposed plan would be low impact but with residential. You could put seven houses on here evidently. Would that not be a good impact as well? From a property value perspective,that is what I look at. It is a main concern for me. So,that certainly is a great option. My time is up. Jeff Hodgson: Do you have any questions...how do you say your last name? Scott Sonier: Sonier. Jeff Hodgson:Are there any questions for Mr.Sonier? Ronald Ripley: I got a question. Jeff Hodgson:Mr. Ripley. Ron Ripley: The house that was on the property,the use that was more on there,was that something that was.... What was that like?Was that acceptable to you? Scott Sonier: On the current properties? Ron Ripley: Yes. Scott Donier: These properties. I mean they are residential properties. They were older and sometimes unkempt,absolutely. Ron Ripley: Was there something going on in the yard? It looks like when I look at this aerial and photograph, I'm not looking at that home. It looks there might have been some sort of go—cart track. Scott Sonier: No. So,this property here there was a basically a pole barn here. This was the old Fire properties,so,the gentleman that owned it,and he lived here and he died probably three years and his daughter took possession of the properties. They garden this spot. Ron Ripley: Is that what that is? Scott Sonier: Over here yes. They had a large garden there. And this land, it basically was unused,and every once in a while he would have a tractor there,a bulldozer there. I guess that was part of his trade. Ron Ripley: It was a contractor's yard in any way? Scott Sonier: There were never any contractors there. Ron Ripley: Okay. It looked like it was in disrepair. Scott Sonier: It wasn't always kept. I am not going lie there. Sometimes the grass would get like this high and I would have a talk with neighborhood guy that came by and we would check on that. Since Item#D1 Birdneck Storage 2, L.L.C. Page 6 the owner has taken possession of the property,they have cut down all of the trees and they have started to alleviate the property.They are doing that right now. Ron Ripley: Thank you. Jeff Hodgson:Are there any other questions for Mr. Sonier? Thank you sir. Scott Sonier: Thank you. Jan Rucinski: The next speaker I have in opposition is Andrew Jackson. Andrew Jackson: Good afternoon. Jeff Hodgson: Good afternoon. Andrew Jackson: Mr.Chair and members of the Commission. Edward Weeden: Could you state your name please? Andrew Jackson: I thought he did that. I'm Andrew Jackson. A resident of Virginia Beach since 1956. Edward Weeden:Thank you. Andrew Jackson: I would like to say I don't know how many of you remember the last time I was here. I think it was back in February,somewhere back in there. And I spoke but I also listened. I also went and looked at the video for hours and hours,over and over, and I wanted to see which one of you members said what about what. Which one seemed to have some purpose on what's really going to happen to this neighborhood? I sent Mr. Frankenfield an email and I said, hey,you know, I heard what the members of the Commission said. There were some suggestions. Okay,we're not going to do anything with you now. We need to do a little work. We need to have some research done and it takes some time to do this. And I said,okay. My point when I listened to all of this before was why is this neighborhood,this neighborhood going through all the hoops and bells and whistles that the other neighborhoods that are in the Comprehensive Plan did not. That is my questions. And I answered that question,and I know that no one would like the answer that I gave but why is there a separate policy for entry into that policy. It didn't appear to apply to any of the others. So, I said, I need to have input. So, I asked Mr. Frankenfield and I said,you know, I would like to have and I picked who I wanted and I picked these members to sit with me. I would like to sit with them. I would like to meet and say lets' talk about what this is. While I am talking, I am going to do something here. I would like to pass this around. If you can pass this around,everyone could see it. Like I said, I've been in this area for a while and I came here and I stayed here. I came here from the military. I stayed here and retired here. And I did that because this was a neighborhood, a city, an area that I liked,and I said I can have a family here. I can grow here. But what I do now is about those that would come after me. What would their area they live in be like? Where would they grow up,and when these things when I look at the neighborhood and say,why aren't certain neighborhoods being flooded by things that don't need to be built.Storage area. Okay. There are probably one of those at some parts of some neighborhoods all over the City. But if you look at this,this neighborhood in that small little area,someone will say, let's make it number Item#D1 Birdneck Storage 2, L.L.C. Page 7 6 or number seven. What I heard Mr. (I forgot to thank him for all the flowers he gave me). Mr. Bourdon,where is he? He is hiding. What I heard him say was that his client took some time to look around and see what was going on here. And I think what he saw was that neighborhood doesn't mind. Let me stick another there,too much. Yes,there are some areas where that you can share business, residence and that happens all over the city. You can do that. But we don't want too over flood it,and that is what's happening here. This is just too much. He is asking to rezone it. Well, if he wanted it"I", why didn't he just go to one that was already T. There was a reason why this was zoned both resident and light business. I think I heard him say that it was zoned now for offices. I think I heard him say that, office buildings. Dave Redmond: Office warehouse. Andrew Jackson: Office warehouse and office space. Dave Redmond: Just office warehouse. Andrew Jackson: Office warehouse. That is a little different, I think than a storage facility. It does tend to blend better with residential than a storage facility. I don't know what neighborhood anybody else lives in but I will pose the question. What would you like to look at if you look out your window? A wall or open space? All I'm saying to this Commission is,think about what's in the policy document of the Comprehensive Plan. Jeff Hodgson: Excuse Mr.Jackson. I'm going to let you finish but you are a couple of minutes over your time but I will let you wrap up. That red light came and went a while ago. I will let you wrap up. Andrew Jackson: Okay. I'm saying to you that there is a residential area there. Families have lived there for generations,and yes there is some sharing now. There is,and the neighborhood has accepted that. Let's not overdo it. There is no reason to put it there,and I'm saying to you that the area,the neighborhood,they are saying no. And they have a right to say no. They have that right. They have the right that we choose not to be invaded. They have that right. So, I would ask you to look at it from a residential point of view.Where do you live? And ask yourself is this what you would like for your neighborhood and make a decision. Thank you. Jeff Hodgson: Are there any questions for Mr.Jackson? Thank you sir. Is that all the speakers? Jan Rucinski: No.The next speaker is E. George Minns. He is speaking on behalf of the President of Seatack Community Civic League. E. George Minns: I am E.Geroge Minns. Good evening again to all the members of the Commission. It has been past the pastors,churches,the Executive Board of the Seatack Community Civic League. It has a distinguished attorney,Mr. Bourdon. Yes,the Seatack Community Civic League,a 100 year old organization is always open to anyone who desires to speak to the citizens because Seatack is a people and not a person. Of all that has been said,as the gentleman here, Mr. Redmond, I believe said that about land use. Please do not measure Seatack today or tomorrow by the United States Department of the Navy. I must disagree with my distinguished council. You misrepresented me. I did not say that Seatack only exists to the east. Seatack exists on the north side of Bells Road,east and west, north side Item 901 Birdneck Storage 2, L.L.C. Page 8 of Bells Road. On Bells Road,when you go down a little bit,you have what development has. If you go along the back part on the east side,the back part of residential,all the way back into Owls Creek and all that,the government has that big parcel of land back there. But that is not the residential community. There have always been woods back there. I know because the original City of Virginia beach did not include Rudee Inlet. If I understand correctly from my ancestors, my cousins and them own a substantial part of Rudee Inlet. Nonetheless, I would ask from a land use perspective if that is the controlling factor that the Commission direct its attention to its own records. I ask pursuant to the Freedom of Information Act where are all the storage facilities in the City of Virginia Beach? Please ask that you pass this around and you will see the only cluster is in Seatack. Please pass it around. That is the City Planning map. Thus,from a land use standpoint,Seatack one, if not the oldest community in the Beach,dating back as I found a record of the 1500's, has more storage facilities in a one mile distance. We already have five and it is not for the community of Seatack, but it is actually so many cluttered there to support condominiums and so far from the Oceanfront. Why must we be treated be different on Best Management Practice. I don't know about you but when I look at Seatack land use,all is see a piece meals on it. Piece meal. Piece meal. When you look at this and then look at other communities,you don't see it. So,something is happening and treatment is different for Seatack that is not allowed in other communities of a residential nature. So, I find myself at the point where Thoroughgood Marshall found himself in the 1950s before the Supreme Court. Does equal mean equal in terms of treatment when you say Best Management Practice? What is the purpose of putting so many storage facilities on one community's back. It has nothing to do with the airplane in the air. It has to do with the fact that we already have five. That has nothing to do with the community. That is the basic reason for objection from the church,from the pastors,from the residents. There is already five here. Why would they put another one here? It has nothing to do with jet noise,decibels of jets,what the government did, how many millions of dollars been spent. I'll just brush at it.That matter is getting ready to be examined in Federal court. Because no one can boast about clean hangars on the premise of jet noise, BRAC,etc. There has been a lot of wrong done under the pretense of the Navy,the jet noise but that's not the issue here today. And we understand that's not to bring to the City. That's to take to the Federal judge because there were federal dollars involved. This issue should not be decided on the plane in the air,the decibels noise over there. This issue should rise and fall on the fact,Seatack residential community is Bells Road north. You go Bells Road north to Virginia Beach Boulevard we already had five storage areas. We ask you please don't put another one in there. Thank you. Jeff Hodgson: Thank you sir. Are there any questions for Mr. Minns? Thank you. Jan Rucinski: I have no other speakers. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: First of all that I am happy to say that Mr. Minns did say what he said because Mr. Powell's storage facility is south side of Bells Road,so we didn't miscommunicate. I think I said I said it correctly. As I mentioned previously,my client has steamed but I think,and I'll mention Mr.Jackson. The office warehouses that have already been rezoned, approved are in my view and much worse and are much more intrusive land use than storage facilities. We'll have a greater potential impact,24/7, any type of manufacturing fabricating processing,big trucks. You already have big trucks going down Bells Road any way but government facilities there. This use,you wouldn't see these adjacent to the neighborhoods that I will give you 12 other examples where we have storage facilities next to Item ftD1 Birdneck Storage 2, L.L.C. Page 9 residential. We don't see office warehouses in industrial,truly industrial in those neighborhoods. I agree whole heartedly with what's begins from Olds Lane north as residential and should stay residential. Bells Road, however, is not residential. I also believe fervently,that having storage facilities like these are the least intrusive types of uses that are acceptable in the APZ,and that is why they are there. There are some legitimate arguments that Mr.Minns and I have talked about on other issues with compensation and things of that nature. But I would suggest, and I think some of you,if not most of you,will agree that of all the industrial uses that one can fine that are compatible with NAS Oceana, these self-storage facilities are the least intrusive,and the best neighbors for residential that one can have if one presumes we have to not have any more encroaching residential development because of our desire to keep Oceana in place. And so, I respect what Mr. Minns is saying, but at the same time, I would suggest to you that in all of these neighborhoods,and if any of you would ask, I will give you the list. I'll cite them all off. All of these neighborhoods where there are storage facilities that abut houses, they aren't office warehouses that can have industrial uses operating 24/7 in them.That doesn't happen. And there is a substantial distinction between that. I totally agree if we were on Olds Lane or north of Olds Lane, I wouldn't be here.We wouldn't be here. But, my client has been in the neighborhood, been in the community, has seen what's happened on Bells Road,which is never been really a substantial residential community. There were houses there.Granted, but not,and I believe at least from the early 50s forward, it has been a Caucasian family that owned the property. This isn't about race at all, but I do think that the long historical record is really from Olds Lane north and not on Bells Road. Again, I haven't been around long but I do have this as the right land use for this piece of property. There is no other industrial land use that would make sense on this piece of property and is less intrusive, less impactful,than the industrial uses that are there,and more importantly,than the B-2 uses that are going to come at some point on those pieces of property. So,Mr.Sonier is correct. I certainly am not arguing that the east side of Birdneck Road is where industrial development should happen, but on this street,which is for intense and purposes,an industrial street,and those uses that government uses are industrial type uses. They are not residential use.That is my point,and I think that's why I am quite certain your staff is recommending approval of this application because there really isn't a better use on this piece unless we're going to say we whether see houses there, and we'll take our chances with whether NAS Oceana thinks that's a good idea or not. I don't see that is a risk that anyone of us should be taking on this road,on Bells Road. I will be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Jan Rucinski: I do. I am not sure whether you can answer this or not. Because you do a lot of this type of work,you might be able to answer it. It appears to me when I look at the map of where the storage units are located. I see them all throughout Virginia Beach but I do see that there are some corridors where there are obviously more than others. So,are the storage units that are put in these areas generated because of the supply and demand of the neighborhood? Is that how these applicants come about and pick the land where they want to put it or do they say here is a piece of property available and I'll just put a storage unit? Eddie Bourdon:That is a very good question. It is not an absolute yes or no answer. The developers of storage facilities want to be spread out into all of the areas of the City especially the areas where there are and Mr. Minns is correct,where there are a lot of apartments and a lot of multi-family smaller dwellings. They tend to generate more of a need than say Allenton, places with large lots where you could put all the storage sheds on your property that you're going to need. Because the city is Item HDI. Birdneck Storage 2, L.L.C. Page 10 developed the way it is,there aren't a lot of opportunities in a lot of areas of the City,and so the APZ area of the area around NAS Oceana because it is a compatible use,and most importantly,and as I've said the most compatible industrial type of use with residences,so that is why there is a concentration in the area around the east,to the south,and to some degree but less to the west of Oceana. Jan Rucinski: Do the military installations have any drive for that? Because I notice there are quite of few of them up in Bayside as you get closer to Little Creek. Eddie Bourdon: Right.They certain are.The folks in the military use those facilities to a greater extent than say average resident who works for the City or works for a corporation in town. The answer is yes. They tend to use them to a great degree then someone who is not in the military. I will take a second to just list these storage facilities that are adjacent to residential,that I just came up. I know there are a lot of other ones. Lake Smith Taylor entrance off of Haygood Road adjacent to some beautiful homes,a storage facility,London Bridge Road, Prince George's Estates next door,a very nice storage facility, Kempsville Road,west side of Indian River Road off of Carriage Mill. It has gone great with the entrance of the neighborhood, Kempsville Road,east side, south of Indian River,Centerville Turnpike,west of Kempsville Road adjacent to some residential zoned and developed properties,Salem Road on the east side,south of Independence Boulevard,South Plaza trail,on the south side near Princess Anne Road,on Lynnhaven Parkway between Independence and Rosemont in Green Run, Barberton Drive off of Laskin Road,just south of Laskin Road near the resort, and on Potters Road,just west of Great Neck Road next to a street of residential and most interestingly,Creeds where we had application number one today, Mr. Rollins has a storage facility that he actually created on a residential lot. It is some additional property at the end of a cul-de-sac in a residential community that he developed in Creeds many years ago. And there are many others but that is throughout the City of Virginia Beach. And they are absolutely not bad neighbors especially compared to the office warehouse uses that you can put all types of heavy industrial, big trucks with noise,24/7. To come in and say we want to do office warehouse just like the property here has done,although the warehouse is down here, not next to the homes,where like four of them is going to be built here, are you going to treat us the same way and let us do that? Okay. But that works. I don't think anyone could make that argument that is not a much worse scenario so it is either,frankly to abide by our Comprehensive Plan and Article 18 of the Zoning Ordinance,and staff recommendation,or throw that out the window and build a house. Here, I don't think it makes sense. I would agree whole heartedly on residential streets where residential is in place and you don't have all these existing use and this existing zoning. That is not why this is here.That is why we are here doing this and that is why I think we've made this the best possible application that it can be. The fact that there are four buildings because we are making it better for us it is more expensive because they are little buildings with masonry walls not as was stated this morning. I heard that. Just trying to do what makes the best possible barrier to the homes that are adjacent to us. Jeff Hodgson: Any additional questions? Mr.Wall. Jack Wall: Is that adjacent to industrial was that office warehouse? Was that rezoned in 2006? Eddie Bourdon: Ye sir. That is right. Jack Wall: Was it a conditional rezoning? Item#D1 Birdneck Storage 2, L.L.C. Page 11 Eddie Bourdon: Yes sir,correct. Jack Wall: With that layout you showed us there. So that hasn't been built? Eddie Bourdon: One of the four buildings has been built. Jack Wall: One of the buildings. Okay. Eddie Bourdon: The other three and the site plan has already been approved. The other three can be built at any point in time. Jack Wall: They can't do anything. It is conditional,so they couldn't do anything else and change that layout. Eddie Bourdon: No. But they could any number of uses in those buildings however. Jack Wall: Right. Eddie Bourdon: And there are no restrictions on the hours of operation of those businesses in those buildings. Jack Wall:Okay. Eddie Bourdon: That's the point. And the same is true to what's on the corner Mr.Thompson's warehouse.The same apply. There are no restrictions on hours of operation. No restrictions on what can happen in that building moving forward either. Any industrial use is permitted.We,on the one to the east,we actually limited because of the Navy easements,things like restaurant,which can goon a B- 2 of an I-1 by right because it is not compatible with the Navy,so we eliminated that in our proffers on the I-1. If we eliminated child care facilities and things of that nature that are again, not compatible but are Conditional Uses in I-1. The Thompsons,which did not have deed restrictions on it,theoretically, although we would never do that,it can convert part of that warehouse to a restaurant under his proffers. Jack Wall:One thing that wasn't brought up is that house on that street. Eddie Bourdon: There is one house there and we have provided the screening for that residence as agreed to with the resident. That hasn't changed at all. The reality from a long term existing future, if this is approved,then what would I think happen eventually, but it will work out compatibly as long as they live here. But eventually, I think,those two pieces next door,the last two pieces just under an acre of property will wind up at some point being consolidated and developed again as some type of a small office warehouse, probably one company type of a use. It cannot be developed more than two houses because they don't have sufficient frontage,and it would take a subdivision variance that theoretically you can put three houses on there,which under our Zoning Ordinance, is not to be primitive. It is a discretion land use approval that would violate our agreements with NAS Oceana. There was a non- conforming house on the B-2, but that could never be replaced. That will have to go when it goes. Item#D1 Birdneck Storage 2, L.L.C. Page 12 Jeff Hodgson: Are there any other questions for Mr.Bourdon?Thank you sir. Eddie Bourdon:Thank you all very much for your patience. Jeff Hodgson: We will now close the public hearing and open it up for discussion among the Commission,and if my fellow Commissioners are okay, I would like to start this one, if you all don't mind? First off, I think Eddie has down a fantastic job of representing his client on this application. I think we were on the phone at 10:30 last night still talking about this,and I don't think it is a secret and he kind of knows how I feel about it. As good of an attorney that he is,that doesn't mean I always agree with him. And when I look at this zoning map, I see the letter"R". I don't see T. Two of my other Commissioners here and may see the letter"1" more than they see"R",and we'll know that in a few minutes. But my eye goes right to the"R". I remember when Mr.Sonier, I guess it was about ten years ago,was hoping that they were not going to develop that large portion of 1-1 to the east of his property, and as he said, he tried to stop that but to no avail. He has to live with that,and that is not what he thought he was going to get when he oved into that neighborhood,and I just feel that this is creeping further and further into residential that I feel shouldn't be in this area. I know there is a ton of 1-1 as you move east down Bells Road but I consider that different type of 1-1. I mean there is a huge tree buffer before you get to the docks down there where the other businesses are run,so,I won't be able to support this application. Again, I think you've done a fantastic job representing your client but I won't be able to support this. Is there anybody else? Ms. Oliver. Dee Oliver: I think that when, Eddie I think you've done a great job too but I think at one point the storage units, it's"R". It is residential. And,being respectful to the neighborhood of Seatack,as we've worked on this Committee to put in place the guidelines that we have worked on for hours and hours with the community through Seatack to help to protect and preserve the integrity of the original neighborhood that still exists,and the goal is, as Chairman Hodgson said, is to stop this movement into it which is sort of sneaking in and that what we had all agreed upon. And, I think that is a good thing with the arena and the Vibe District developing,coming in, I think that Seatack is going to work with those areas, and I think it is a great thing to highlight Seatack,and bring it up to where we know it could be. I'm excited about the neighborhood and the plans that we have for it. I think the community is excited about what we are talking about,and I look forward to working with them more on this,and I cannot support this application. I'm sorry Eddie. Jeff Hodgson: Mr. Inman. Mike Inman: I will tell you that I fully support the application. Yes,we do want to protect Seatack.Yes, we do want to limit the insertion of additional self-storage units in this area. I can support that. It doesn't mean eliminate it,and we have a land use decision to make. We have a land use decision to make about this piece of property in its current environment. And what is going on in the street over the past 20 or 40 years,forever how long it has been developing as a business industrial area. And,you talk about the least intrusive thing I think we can do as far as the use of this property other than leave it the way it is, is a self-storage because the self-storage. People don't access it that much. The buffering that Eddie's client has agreed to do is extraordinary. It is almost unprecedented inform what I've seen as far as they have gone to create the buffer that will protect the neighbors that need that buffer. They got extra planting.They eliminated the garage doors on the back side. The office warehouse use that will eventually likely be built,and can be built tomorrow on the other side would create a busier environment as such that,and I don't know whether folks would be willing to have residences next to an Item#D1 Birdneck Storage 2, L.L.C. Page 13 office warehouse because as just described,there could be a lot of different types of businesses in there with no limit on the hours of operation or the type of operation or intrusiveness of vehicles that would be associated with those businesses,construction and catering services. All kinds of things can be in an office park,so this is not precedent saying for Seatack.This is not setting a precedence saying we're going to keep putting storage facilities in Seatack.We're looking at this particular property and this particular location,where it is on Bells Road,and I just don't see that is a higher and best use of this property. And that is our job to decide on this property,and this environment and this application. What's the right thing to do on this application? I think that the applicant has done all we could expect. I don't think,in terms of, limiting it in its intrusiveness, if there is any intrusiveness really,so the list of things,and Eddie, I compliment you on putting this before us because it made me feel very comfortable, a responsible decision on your part if we vote in favor. Jeff Hodgson: Is there anybody else? Ron Ripley: Jeff. Jeff Hodgson: Mr. Ripley. Ron Ripley: The reason it got deferred it wasn't an easy decision to make,and there were things that the applicant was asked to do to help make it more compatible if possible. But I see the important of preserving the interest to the neighborhood,and I think some of the things the Committee was working on is good. This is a patch that,a pattern of density of development to me appears it could go either way. It could go residential or go industrial. It doesn't say to me that it ought to be residential. I think, if you've been over the adjustments that were made,something that hadn't been pointed out, I think is very important. Two things. I think the use that was occurring there over the years has been kind of an industrial use in a way. This looks like to me a storage type yard even though with their testimony is that it really wasn't. But it sort of appears that way to me. But the important factor is that if you typically look at industrial zonings,and you build an industrial building, usually it has a lot of iron to it, it is 20-30 feet in the air. The height of this building is 13 feet, 12-feet. Very passive use,a very passive, low eventually the right type of vegetation will buffer it very nicely. The applicant has proposed to growing from single rows. He has moved his buffer back another five feet to 30-feet. It is a passive use, and it kind of fits into the pattern that sort fits the road. Unfortunately, I know the citizens of the neighborhood don't want any more of the mini-storages in there. This is a peculiar area that I don't think evades the major integrity of the neighborhood,and I support the Seatack community to preserve this neighborhood. But I think this fits in right with the right type of patterns. I would support the application as well. Jeff Hodgson: Is there anybody else? Mr. Wall. Jack Wall: I've covered up before there is buffer and there is screening. You hope to see,to me, personally, is separation of land use such as residential and industrial. And, it looks like a nice screen at this location but I wouldn't go far as call it a buffer. A buffer is a large separation between land uses and I think on the Lynnhaven,there are storage units that came before that were in the Rose Hall district. I was hoping to achieve a buffer and maintain the existing landscape in that area. But I think this is still industrial adjacent to resident,and I don't necessarily support that with this screening that is shown here. One thing that Mr. Bourdon brought up was the distance between the two,not two but some of Item#D1 Birdneck Storage 2, L.L.C. Page 14 the storage units and they are down in residential areas. He mentioned Prince George's Estate. I kind of remember them being that way,some of them at lease posing that,at least the storage lots. I'm sure they were opposition the storage units that were there. I don't have a history but they had an enormous buffer. Jeff Hodgson: Who else? I'm sorry Karen. Karen Kwasny: I think Mr. Bourdon always makes a cogent energetic persuasive argument and I can see why Mike has followed in the path of lawyer because he makes a good argument too, and,those are things that I consider while I am sitting here listening and trying to make sure that my conviction before either one of those arguments were presented was the conviction as to flow through on. But, I think probably the argument that stuck with me most was Jeff's discussion of seeing residential and hearing kind of feeling for a maintenance of quality of life and I agree with Jeff, but I think it is more screening than a buffer. I think it provides more of a buffer between residential and agricultural then I actually see here. So, but what's most concerning and most trusting for me is that we is there is so much encroachment on these residential communities of this industrial when it doesn't have to happen. This is a rezoning and it is an application that is requesting approval,and what is there already is rather nice or could be rather nice,and it is compatible and would work and nothing has to change. And,so I would like to continue with what's there versus making a change to what is there. Jeff Hodgson: Is there anybody else? Don Horsley:I think I stated at the last meeting that I didn't think this was residential street and I still don't. I haven't been persuaded that it is a residential street. And,it is more of an industrial street. I don't think it is a good place for residences to be built and on that aspect,and also I think it helps protect us and sends the right message to NAS Oceana, if we put something there that is less intrusive than residential development. So, I am going to support the application also. David Weiner: I was just getting ready to say that Don. How do we send that to Oceana by putting houses there? I know you can do it but who would want to do that. Oceana shares a big part of our area. What you've all done with Seatack is outstanding.And what you're doing with Seatack is great and then I am all behind it 100 percent. I am all about preserving it. First a budget comes up and now a street comes up. We're really looking at it hard. But this is,to me,this is off to the side. I know it is a residential. We've asked the client to come back many times now and he has come back everything with more and more buffering,their landscaping. I think it fits more than residential just in this area,so I am going to support it also. Jeff Hodgson: Is there anybody else? Ms. Oliver. Dee Oliver: I just got to say a couple of things. This is residential. And,the gentleman that came here that is sharing his space with it concerns me in the fact for a land use thing. A storage unit is. It is the least intrusive industrial type of thing you put in there but it is not industrial. It is zoned residential. And they can put residential,and as far as the Navy is concerned,they are okay with residential. They can put by-right back the houses,and to be honest with you, if I was the gentleman,or if I lived next door to him, he bought knowing that the jets are flying over. He wasn't anticipating sharing his backyard and his children with a storage unit. He just wasn't. He was planning on going there for 20 Item#D1 Birdneck Storage 2, L.L.C. Page 15 years,and I know that if I bought my house and invested everything that I had into it,and my children were raised there and then all of a sudden somebody comes along and says this is great place for a storage unit and boom,they change the zoning and now I got that behind me. I think as a Commissioner for Planning, and as a person that supports the Comprehensive Plan, I think we have to sort of look beyond the four squares and view of the facts. That is what we do. That's what I envision that we do. And, if we start just thinking,yeah,we already encroached here. We're already encroaching in this guy's backyard and 50 percent of the streets are already like that, I think we are doing a disservice to the private citizen in that way. I'm sorry. Jeff Hodgson: Dee,you said something for me that is the least passive use you can put there. There probably is no doubt about that. But I challenge anybody to say who would want one to be built right beside their house in a lot next door. I remember when Mr. Sonier bought his house. It was surrounding by residential and he is being boxed in,in my opinion, by not what he envisioned his neighborhood looking like,and I don't'think anyone sitting up here would appreciate the same thing happening in their neighborhood?If the lot next to me was changed to industrial and they build a storage facility. I would be pretty upset. Is there anybody else? Mike Inman: I make a motion to approve the application. Jeff Hodgson: A motion made by Commissioner Inman to approve and seconded by Commissioner Ripley. Mr.Weeden AYE 5 NAY 6 ABS O ABSENT O HODGSON NAY HORSLEY AYE INMAN AYE KWASNY NAY OLIVER NAY REDMOND NAY RIPLEY AYE RUCINSKI AYE THORNTON NAY WALL NAY WEINER AYE Ed Weeden: By a vote of 5-6,the motion to approve has been denied. Jeff Hodgson: I believe that is the last agenda item today. I would like to thank everybody for coming down and I would like to thank Barry and his staff for all their hard work. And I will stay by my statement earlier that our shortest agenda usually last the longest.Thanks and have a great day. The meeting is adjourned. 00-5: Beic a3 HG 8.,;,-;*(::.77i ¶ p> CITY OF VIRGINIA BEACH t �^ j INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9543 DATE: January 27, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Birdneck Storage 2, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 7, 2017. I have reviewed the subject proffer agreement, dated January 29, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom BIRDNECK STORAGE 2, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of January, 2016, by and between BIRDNECK STORAGE 2, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) parcels of property located in the Beach District of the City of Virginia Beach, containing approximately 1.935 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference which parcels are collectively referred to herein as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Rao Residential District to Conditional I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 2416-58-1110 2416-58-2140 2416-57-1965 PREPARED BY RW SYKES.IIOORDON. AIBIO;&I F1'1'.P.C. Prepared By: R Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One.Fifth Floor Virginia Beach.Virginia 23462 voluntarilyproffered, in writing,WHEREAS, the Grantor has in advance of and 11 prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quidc�uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: r. When the Property is developed, the vehicular access, landscaping, building i; locations and setbacks shall be substantially as depicted on the exhibits entitled, "REZONING EXHIBIT BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia," and "REZONING EXHIBIT — EXHIBIT #2 BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia", dated January 29, 2016, prepared by WPL, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Concept flans"). 2. When the Property is developed, the mini storage buildings depicted on the Concept Plans shall have the architectural design, appearance, height and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD"; 'TYPICAL ELEVATION FOR BUILDINGS ALONG EAST AND NORTH PROPERTY LINES"; and "TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS", which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach PREPARED BY Department of Planning(hereinafter the "Elevations"). at]SYKES.ROURUON. AUFRS&ILl'1'.NC 3. When the Property is developed, the freestanding sign depicted on the Concept Plans shall be an externally lit, monument style sign not exceeding eight feet (8') in total height, which will be constructed using materials of a color and quality that is 2 substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning Department, Zoning Division, for any signage located on the Property. 4. When the Property is developed, access will be gated and restricted to "Pass Code" entry only between the hours of 9:00 AM and 9:00 PM Monday through Friday and between the hours of 8:oo AM and 8:oo PM on Saturday and Sunday, with no access permitted between the PM closing and AM opening times. 5. When the Property is developed, there will be no permanent dumpster location on the site. 6. When the Property is developed, a photometric (i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. 7. When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. 8. When the Property is developed, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior (outside) storage of motorized vehicles on the Property. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-to and I-t Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. PREPARED BY The above conditions, having been proffered by the Grantor and allowed and Sid SYKES. p1 y(p accepted bythe Grantee aspart of the amendment to the ZoningOrdinance, shall continue Sid SYKGR& rilD pr P in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a 3 subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning • Ordinance until specifically' repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded '°`fARCD BY in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed W SPCEN. ROI WON, �11IAni-aa'& Pr in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Birdneck Storage 2, LLC, a Virginia limited liability company T 1_✓ (SEAL) Ryan Pow; I, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th_ day of January, 2016, by Ryan Powell, Manager of Birdneck Storage 2, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2018 011• Notaq Registration Number: 192628 • _ • -67 V1%41 gL PREPARED BY S 13 SUPS.31O1I211ON. '.'. •'L lllnN&LEVY.IT 5 LXIIIBIT "A" PARCEL ONE: 1054 BELLS ROAD,VIRGINIA BEACH ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-2, as shown on that certain plat • entitled "SUBDIVISION OF PARCEL 'T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith & Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 285, at Page 95, to which ' reference is here made GPIN: 2416-58-1110 PARCEL TWO: 1044 BELLS ROAD,VIRGINIA BEACH ALL THAT certain lot, piece or parcel of land, situate,lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-3, as shown on that certain plat entitled "SUBDIVISION OF PARCEL 'T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith & Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the Cite of Virginia Beach,Virginia, in Map Book 285, at Page 95,to which reference is here made. GPIN: 2416-58-2140 PARCEL THREE: 1052 BELLS ROAD,VIRGINIA BEACII ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-4, as shown on that certain plat entitled "SUBDIVISION OF PARCEL `T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith & Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 285, at Page 95, to which reference is here made. GPIN: 2416-57-1965 H:AAYIVConditional Rezoning\Birdneck Storage 2VI'roHer.doc PREPARED BY sl B SYL'LS.ROCRUfN, Aft 141E128&lEVY.I'.0 6 , .\ .-------- . ___.----- \ .,------ ,, , „ ',, ....,. .. -....' 'I k --'1 . N''... ‘ ----' 1 i _----- ..N:117 CM Ilk, tek ... .110 .,•I 0 h) Ole \ NI r ' •io ''. . ._ >------, CI, . N.) ...._._. ... . , - , ... ., ... _ VO : ..., ,. _ , -.._.. ,• , ..... , . _ ._.s -I' . --7)-1---- ,----A. , 1 r--- 15 1 .,..„--- 1, i‘.., 1 '1 1 _1- ---1 %•-- --- 4:1'` ---.-__-----111 ..=, / 1.1 i • . , 1 'XI . • . . . , • • • , 0 ...• / .. ...' ,./ NY . .. •...,••. Y..., .f.•.•f co ..___- ... . :.' ._•_-_....____ 0, ..••• . co ------ . ... ,... , ..„,.., / . ,... , .. h.) . , > ,......, . . . ( < . ...... „;„ , /.. ... ., .., .. . __----- / . ,,... .... ., ...- .....--- .. , .,. / ,,, , .: ....,.. •••.,:•,• ..„. :„.., .........- eit.c„L 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: February 7, 2017 • Background: It was brought 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 application was deferred by the City Council at the January 17, 2016 meeting. The address of the property was properly noted in the revised advertisement and the request is scheduled to be heard at 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-I-12 (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 Dem ency: Planning Department �W City Manager: f Applicant & Property Owner Taliwood, LP, a Virginia LimitedAB Agenda Item Partnership Public Hearing December 14, 2016 City Council Election District Centerville 4 Virginia Beach Request i ci. Rezoning (PD-H2 Planned Unit >s�� 4f`3. Development (R-5D Overlay)to Conditional A- x 18 Apartment District) ��% t e Staff Planner "• Carolyn A.K. Smith ' , Location 5705 Schoolhouse Road GPIN I ''64, 1455716840 4, Site Size °°•�. a 7.88 acres "' AICUZ Less than 65 dB DNL Existing Land Use and Zoning District _�� '" Apartment complex/PD-H2 Planned Unit 1. e• ' Development (R-5D Overlay) ,•. , V. ti�:[�/it Surrounding Land Uses and Zoning Districts ;, North — i'''. ,� 7 � „► %\" O Church, vacant /R-5D Residential, Conditional �,g;, 'N,` .:i= 'Z _ A-24 Apartment South • . ' Tallwood Elementary School, pump station/ R- ; ' 5D Residential East • •: t 'r ' SIN , Kempsville Road i. _ . s "., .' .. . 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) Taliwood, 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 d��e 1 CRZ(R-2 to Conditional A-24)Approved 07/01/2003 A-24' F• REZ(R-8 to B-2)Approved 03/18/1985 2 MOD(Proffers)Approved 09/28/1999 • //. \ 8-2 CRZ(R-5D to Conditional PD-H2(R-5D))Approved 1 D. 01/12/1999 1f CUP(Borrow Pit)Approved 02/13/1984 . ao 3 CUP(Communication Tower)Approved 01/22/1990 ��' - - CUP (Communication Tower)Approved 08/28/1989 R-50 CUP(Communication Tower)Approved 05/18/1981 °'a/ 2 4 CUP(Religious Use)Approved 03/26/2002 �`/. R-54 CUP(Religious Use)Approved 09/28/1999 etc \ 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 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(CPTED)concepts and strategies as they pertain to this site. Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 3 Proffered & Existing Site Layout 1 .N� S1N3W1FIVd OOOMIIVl �'•: NOLLV0IlddV ONINOZ311 - ----- -- -.- •oe n000 v NowOMr ANVdW000V 01 1.1I34X3 -11,V ' N P (G • i 11 Y y R._, •R t_ i a udoc 02 •:... if ilw 1!!!i i11ii !I, \ .'.. :, -":"4,;',,./ ' . ..,Iiiii,irc El , I1 11 11 11 I I'll V& 1 diI I Ill i as IIIc 5 gp: i _,Q - :gI vi IIi il, a —- �I 1 ir. 10 Imo.. .. 1 11;2 el e -3 --- § I o/ j [ s I ..,, I t llI II ae ` v 6• I Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 4 Proffered & Existing Buildings „ . •1. '.: _,) . A ___... .....,........1 i 11 1-1L-1 --, 9i1r441 - I 1110;4 1 _ _ r II 1 r E) , / ..>1. Q. .. cn t i 111 ' -• 1 team • int ' . ..' `; :,z.,.• Ilif,„!," . Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 5 Site Photos 4 j 'z. ` I . ii. IOW y ,-,,-,-: - , 4 ., . , ,... _.,----- . ... . Ail i '3}11 +, '':"iiiJ �y 1 X `- jg+1 Tallwood, LP, A Virginia Limited Partnership Agenda Item 4 Page 6 Disclosure Statement ctr:,inLr n,ra,I. 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 Modification of by City Property Conditions or Proffers { Alternative Economic Development Nonconforming Use !. Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning - -- Appeals Encroachment Request f 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 ISI 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 O -- I { II ‘140-- Carolyn Smith Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 7 Disclosure Statement 1B Virginia Beach nCheck here if the APPLICANT ISNOT a corporation, partnership, firm. business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership. firm, business. or other unincorporated organization. (A) List the Applicant's name Taliwood. 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 Panner. TW One, LLC. Ronald C. Ripley. ' If a CORPORATION, list the the names of all officers, directors, members. trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity t relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnoted and 2 'F Andrew Heatwoie F Soon Ripley.Mahhew 5 Ripley.Douglas J R,piey Daniel B.Heatwole.James F N McCune 8 The Victoria Katharine Power McCune Trust e e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER 15 NOTa corporation, partnership, firm. business, or other unincorporated organi¢attnn Check here if the PROPERTY OWNER 15a corporation. partnership, firm. business, or other unincorporated organization, AND THEN, complete the following. (A) list the Property Owners 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 1/13 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, ett. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner (Attach list if necessary) I -Parent rubs Idrd,y relationship meansa relationship that e when onecorporation directly or indirectly owns shares possessing mre than SU percent of thevoting power of another corporation" See State and I oral Government Conflict of Interests Art Ve (ode q 1 2 11(11 2 .Affiliated business entity relationship' r elationslipp. Uthm than parent-subsidiary relationshtp that exists when bi one business entity has a controlling ownership interest in the other business entity. tin a controlling owner in entity is also a controlling ownerin thother entity. o mil there is shared management or one between the business entitiesr actors that should be conyidered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person onmanage the two entities. there are common or LO n tigl0U funds or assets the business entities share the useof the sameoffices oremployees or otherwise share activitiesor personnel onregulabash. or there is otherwise a close working relabpvlupbetween her en titres fee Slateandlocal Co+e rmnent Conflict of Interests Act. Va (ode q 11,3101 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 Pmserty. 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 SEPERATEL Y Page 3 of Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 9 Disclosure Statement APPLICANT Virginia Beach PROVIDER YES NO SERVICE wadditional if needed) Accounting and/or preparer of Wall.E'nhorn B Chernitzer LI your tax return n 71 Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending orproposed ❑ 0 purchaser of the subject property (Identify service purchaser(s)and purchaser'sisseproviders) ❑ ❑X Construction Contractors ' ❑ . Ho El Engineers/Surveyors/Agentsis IHonon&Dodd Financing(include current Alden Torch Financial.LLC/Pacific I ® ❑ mortgage holders and lenders Servicing. Lit selected or being considered to provide financing for acquisition , ' or construction of the property) • Z ❑ Legal Services Sykes,Bourdon Ahern&Levy.P Real Estate Brokers / Ripley-Heatwole.Property Managers ® ❑ Agents/Realtors for current and anticipated future sales of the subject property I , • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have EL 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? Ronald C. Ripley. Member of Planning Commission Page 4 of 7 Tallwood, LP,A Virginia Limited Partnership Agenda Item 4 Page 10 Disclosure Statement VirginiaBeach 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. _ _ FANN ye 61 rn+yinir„ le"2-A AM,ICANI SIGNAIDcf PRINT NAME DATE Tal(wood,L.P.,a Virginia limited partnership By Tallwood GP.L L C. its General Papner _ _ . . Page 5 of 7 Tallwood,LP,A Virginia Limited Partnership Agenda Item 4 Page 11 Item#4 Tallwood, L.P. Conditional Change of Zoning 5704 Schoolhouse Road District 1 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 Tallwood, L.P. Page 2 WALL AVE WEINER AVE 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. mit j Z ?� (E �� CITY OF VIRGINIA BEACH • v INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9756 DATE: January 26, 2017 TO: Mark D. Stiles�y� DEPT: City Attorney FROM: B. Kay Wilsorf '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 February 7, 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-78 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,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,Y.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: r. The Property will remain developed as a multifamily residential community of no more than one hundred twenty (12 o) 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: (i) 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 F. A N(Pf i IJ 4-11T G#nl o l P . , Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this PIP day of C\h Lir , 2016, by c:), 0,0 i-L cd- , Manager of Tallwood GP, L.L.C., a Virginia limited liability company, General Partner of Tallwood, L.P.,a Virginia limited partnership, Grantor. itN Notary Public ••''�' K ' R ' My Commission Expires: F -9 1 - a .off' Notary Registration Number: `� �� I C' 51 OF =; • VARY kite 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\'Fanwood LP\Proffecdoc 5 L. APPOINTMENTS HAMPTON ROADS PLANNING DISTRICT COMMISSION-HRPDC HEALTH SERVICES ADVISORY BOARD HISTORC PRESERVATION COMMISSION OPEN SPACE ADVISORY PARKS AND RECREATION COMMISSION PERSONNEL BOARD PLANNING COUNCIL RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TOWING ADVISORY BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** 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 2 7/17jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DA 1'1]111/172017 PAGE: I D A AGENDA V y ITEM p SUBJECT MOTION VOTE A B H E W B N E 1 S U 1 B PDNOKMS H LW O 0 V 1. N A 0 0 R S 0 IR EE ENSM I 00 T TR V S ES SNND CITY COUNCIL BRIEFING Cynthia Free-TCC TIDEWATER COMMUNITY COLLEGE Board Member and BOARD Chair-Advocacy Committee CITY MANAGER'S BRIEFINGS AMBULANCES Edward Brazle,Chief -EMS INBRIM FINANCIAL.REPORT Patti Phillips,Director -Finance CITY HALL Thomas Nicholas, Facilities Engineer- Public Works PUBLIC TRANSPOILk TION Brian Solis, SI RATED' Transportation Manager-SOA IIFIVN:' CERTIFICATION OF CLOSED CERTIFIED 10-0 A Y Y TY V TY Y Y V VEVA-E SESSION PG MINUTES: SPECIAL FORMAL SESSION APPROVED 10-0 A V Y V V Y TY Y Y V (Ceremonial Oath of Office) INFORMAL and FORMAL SESSIONS January 3,2017 II MAYOR'S PRESENTATION PROCIAMA ZION Congressman Scott Rigel) PUBLIC HEARINGS MBCC DEVELOPMENT,11C Network and Communications in City No Speakers streets and public rights-of-way 27"'STREET HOTEL ala H2O BOARDWALK CAFE No Speakers Open Air Café at 2705 Atlantic Avenue 1l1 Ordinances to GRANT Franchises_ ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y V Y CONSENT e. MBCC Development,TLC re: Communication in public rights-of-way b. 27'Street Hotel,LLC,Pa H2O Cafe re: Open Air Café at 2705 Atlantic Avenue CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATF01/10/2010 PAGE: 2 D A AGENDA V ITEM fI SUBJECT MOTION VOTE A E H E W B N F J S U B P DNOKMS H LW O 0 Y L N A 0 0 R SO TREF ENSM 1 00 T TR V S LS S N N 0 2 Ordinance to CONFIRM the Declaration ADOPTED,BY 10-0 A Y V V Y V Y V Y V V of a Local Emergency re:Winter Storm CONSENT Helena 3 Ordinances to APPROPRIATE/ ADOPTED,BY 10-0 A Y YY V YNY Y V Y TRANSFER within CIP Projects re: CONSENT Central Village District Sewer System: $1,980,0011110 re:Pnce Street Apartments Sewer Pump Station S2,900,000.00 re:Elizabeth River TMDI, Implementation Plan/AUTHORIZE increased Scope re.HAWN 4 Ordinance to APPROPRIATE- ADOPTED,BY 10-0 A Y V V Y Y Y Y V Y Y CONSENT e. $1,300,00.00 re:Witchduck Road Phase II Sewer and Water Improvements b Ordinance to TRANSFER 5900,000.00 from FY2016-19 Public Works Operating Budget re Hurricane Matthew: • S451,000 to General Fund Reserve for Contingencies • $249,000 to Department of Emergency Medical Service (Grant of$'44,000 to Davis Comer Rescue Squad and$205,000 to Kempsville R.scue Squad re partially fund replacement ambulances) ADDED Ordinance to OPPOSE 1182108 re: ADOPTED,BY 10-0 A Y Y Y Y V Y YY V Y control of Communication C'ONSEN'r Infrastructure K11 H. FRANK MALBON/RANDALI. APPROVED/ 9-0 A V V Y V V Y A Y V Y MATRON DUBOIS, TRUSTEES for a CONDEMNED B Variance to 644(d) of Subdivision BY CONSENT S Regulations at 419/419-A/421 Pinewood Drive A DISTRICT 6—BEACH N E D 2 HOGS TOOTH PRECISION, DEFERRED 10-0 A V V YY V Y YY V Y LLC/FRANZ LEEK CUP re Eireann INDEFINITELY sales at 1247 Princess Anne Road BY CONSENT DISTRICT 7—PRINCESS ANNF 3 MON CHERIE DAY SCHOOL OF THE APPROVED/ 10-0 A Y V V V Y V Y Y Y Y ARTS/SHERRIE/GREGORY CONDITIONED KNIGIITON CUP for a Family Day-Care BY CONSENT at 3316 Iakecrest Road DISTRICT 3—ROSE HAIL. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE01/17/2017 PAGE 3 D A AGENDA V ITEM SUBJEC1 MOTION Vol' ❑ A E H E W B N E I S U 1 B PDNOKMS H LW O 0 Y 1. N A 0 0 R S 0 TR EEENSM I l O 0 T TR YS ES SIV ND 4 VERIZON WIRELESS - CARDINAL APPROVED/ 9-0 A A Y Y V Y V YY V Y ROAD/CAVALIER YACHT & GOLF CONDITIONED B CLUB CUP re a Communication Tower at BY S 1052 Cardinal Road CONSENT T DISTRICT 5—LYNNHAVEN A N E D 5 SANDRA K. SAWYER t/a SANDY'S APPROVED/ 10-0 AY Y YYY YY V Y Y ANGELS DAYCARE/JOHN ASHLEY CONDITIONLD NEWSOME for a CUP re a Family Day- BY Care at 1956 Kempsville Road CONSENT DISTRICT 1—CENTERVILLE 6 TALLWOOD,LP for a Conditional COZ DEFERRED TO 10-0 A Y V V Y V YY V Y V from PDH2/R-5D Overlay to Conditional FEBRUARY 7,2017, A-I8 at 5705 Schoolhouse Road BY CONSEN I' DISTRICT 1—CENTERVILLE 7 CITY to AMEND the 2016 Comprehensive Plan: a. ADD the"Historic Seatack ADOPTED 10-0 A V Y Y V V YVY V Y Suburban Focus Area" Master Transportation Plan/Primary ADOPILD,BY 10-0 A V Y Y Y Y Y V V V V Roadway Network Plan r : Lavender CONSENT lane/Sentara Way 1. HEALTH SERVICES ADVISORY RESCHEDULED B VC ONS ENS U S BOARD PERSONNEL BOARD PLANNING COUNCIL TOWING ADVISORY BOARD TRANSITION AREA INTERFACILITY 'TRAFFIC AREA CITIZENS ADVISORY COMMIE-1'U HISTORIC PRESERVATION Appointed: 10-0 AY V YY Y YYY V V COMMISSION 3y tent: I/I/17-12/31'20 Bobbie Gbble RESORT ADVISORY COMMISSION Appointed: 10-0 A V Y V Y Y YY V V V 3 m term I/I/17-12/31/20 Russell Lyons, President VBHA CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE-01/172019 PAGE 4 D A AGENDA V ITFM fl SUBJECT MOTION VOTE A E H E W B N E J S U I B PDNORMSHLW O 0 Y L N A 0 O R SO 1 RE E F N S M 1 0 0 T TR V S ES SNND VIRGINIA BEACH COMMUNITY Appointed: 10-0 A V V Y V V V V V V V DEVELOPMENT CORPORATION- 4Nterm VBOC IA/1 7-12131/21 Heidi Daniels CITY COUNCIL LIASIONS: DOME SITE Vice Mayor Innis R. 10-0 A Y Y TY V TY V Y Y Jones John Uhrin VIRGINIA BEACH COMMUNITY Councilman John D. 10-0 A V Y Y V V Y V V Y V DEVELOPMENT CORPORATION Moss (VBCDC) M/N/O AJOIJRNMENT 6:27 P.M.