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JULY 18, 2017 AGENDA • CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL c‘Nu e84c MAME WILLIAM D.SESSOMS,JR. Al-LargeO HL VICE MAYOR LOUIS R JONES Bayside D N �D ?C, JESSICA P. IHROTC Kmprv:II Dlsnci2 Al BENJAMIN DAVENPORT,At L U. I HOBERTM DYER Centerville-D6nci/ F \ ,� 5 BARRA NA M HENLEY,PtlncesA --Dinnat7 ' '' 3' SHANNON US KANE,Ree Hall asincr3 • JOHN U.MOSS,At Large JOHN E.UHHIN,Reach-Dshin 6 ROSEMARY WILSON,Ae/orge JAMES L. WOOD,Lynnhaven-Drmrla 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARE D ST/LES CITY COUNCIL AGENDA PHONE:(757)385-4303 CI ASSESSOR JLRALD D BANAGAN FAX I]5I/585-5669 Y MT AUDITOR LYNDON S REMIAS July18,2017 E-MAIL:CtycncEavbgov.com (MY CLERK RUTHHOIX:ES F/USEH,MM C MAYOR WILLIAM D. SESSOMS,JR. PRESIDING 1. CITY COUNCIL'S BRIEFING - Conference Room - 3:30 PM A. HUMAN RIGHTS COMMISSION—Annual Report Raj Islam, Chairman II. CITY MANAGER'S BRIEFINGS A. TRANSITION AREA Barry Frankenfield, Director—Planning B. ASHVILLE PARK DRAINAGE Thomas Leahy, Deputy City Manager C. TOWN CENTER TIF Patti Phillips, Director—Finance D. CITY VIEW TWO Ronald Williams, Deputy City Manager E. SPORTS CENTER PPEA Ronald Williams, Deputy City Manager HI. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Michael Simone Pastor, Spring Branch Community 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. FORMAL SESSION AGENDA CONSENT AGENDA G. PUBLIC HEARING: SALE OF EXCESS PROPERTY: Princess Anne Road and Winterberry Lane H. ORDINANCES 1. Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D, LLC and Cynthia D, LLC 2. Ordinance to AUTHORIZE a Development Agreement for City View Two, LLC re a three- phase mixed use development in Town Center and DIRECT the City Manager to execute supporting documents 3. Ordinance to AMEND the FY2017-18 Operating Budget of the Department of Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs I. PLANNING 1. STARBUCKS COFFEE COMPANY and STEVEN H. MURDEN for Special Exemption for Alternative Compliance re a commercial building with drive-through at 501 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. SCARLET DAWN WINDLEY and DEREK WILLIAMS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 3833 Jousting Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. MUHAMMAD RABBANI and GUARDIAN PROPERTIES II, LLC for a Conditional Use Permit re Motor Vehicle Sales at 801 South Lynnhaven Road DISTRICT 3 —ROSE HALL RECOMMENDATION: DENIAL 4. DAVID C. BROSIUS and NELL TURNER for a Conditional Use Permit re Automobile Repair Garage, Motor Vehicle Sales, Service and Bulk Storage Yard at 73 South First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you arc physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Virginia Beach City Council Speaker Time Limits ORDINANCES/RESOLUTIONS: Each registered speaker will have three(3) minutes to support the document or express concerns PLANNING ITEMS: Applicants, or their Representatives,will have ten (10) minutes to define the need or explain the intent plus three (3) minutes for rebuttal Speakers will have three (3) minutes to speak once in favor or opposed. CITY COUNCIL ONE-DAY RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center September 12, 2017 8:30 AM to 3:30 PM 7/18/17 st MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:30 PM A. HUMAN RIGHTS COMMISSION—Annual Report Raj Islam, Chairman II. CITY MANAGER'S BRIEFINGS A. TRANSITION AREA Barry Frankenfield, Director—Planning B. ASHVILLE PARK DRAINAGE Thomas Leahy, Deputy City Manager C. TOWN CENTER TIF Patti Phillips, Director—Finance D. CITY VIEW TWO Ronald Williams, Deputy City Manager E. SPORTS CENTER PPEA Ronald Williams, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 5:45 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Michael Simone Pastor, Spring Branch Community 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. FORMAL SESSION AGENDA CONSENT AGENDA G. PUBLIC HEARING: SALE OF EXCESS PROPERTY: Princess Anne Road and Winterberry Lane M1 '.✓1Jtr PlBL{G HEMRING SALE OF EXCESS an nionn The Virginia Bead)City Council will hold a PUBLIC HEMING on the disposition and sale M City-owned properly, Tuesday.July 1E12017 61 WO p.m.in the Council Chamber of be Cry Hall Building (Building 41) at the Virginia Beach Municipal Center.Virginia Beach, Virginia The property to be sold contains approximately 1.295.p°Cres located at be northwestern cornet of Princess Anne Road and Winterberry Lane known as GPIN 1494-093364, It approved, the property will be developed into a threestow,,mixed use building, The purpose of this hearing will be to obtain public input to determine whether this Property should be declared'Excess of the City's needs' and be sold. If you are pIHskelly disabled o,ttualy Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757985-4303. ; Nearing Impaired, call 711 Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed noDept.of Economic Development.4525 Main Street,Suite FW, Virgnia Beach. VA 23462, (757) 3856464,cvub..ar .,nx All interested parties are in ed to attend. Ruth reser,MMC Cry Clerk BEACON:July 2. 1 H. ORDINANCES 1. Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D, LLC and Cynthia D,LLC 2. Ordinance to AUTHORIZE a Development Agreement for City View Two, LLC re a three- phase mixed use development in Town Center and DIRECT the City Manager to execute supporting documents 3. Ordinance to AMEND the FY2017-18 Operating Budget of the Department of Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs [ ..e-ins ,, ie CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring approximately 1.295 +/- acres of land located at the intersection of Princess Anne Road and Winterberry Lane (GPIN 1494-09-6364) to be in excess of the City's needs and authorizing the City Manager to sell same to Tony D, LLC and Cynthia D, LLC MEETING DATE: July 18, 2017 ■ Background: The City of Virginia Beach purchased the property located at the corner of Princess Anne Road and Winterberry Lane in April 2003 from Landstown Meadows Associates, L.L.C. for $190,000 in a voluntary transaction. The funds used to purchase this property were taken from Princess Anne Road, Phase IV (Ferrell — Phase II) (VDOT), CIP 2-305. The purpose of the purchase was to keep this parcel from being developed due to future improvements to Princess Anne Road Phase IV, which are now complete. A 0.38 acre portion of property, now part of the adjacent parcel, was purchased from the City in December 2015 by YNOT Landstown, L.L.C., Va YNOT Italian, for a 6,000± sq. ft. restaurant. Tony D, LLC and Cynthia D, LLC, who are also principals of YNOT Landstown, L.L.C., would like to purchase the remaining corner parcel, containing 1.295 +/- acres (the "Property"), from the City for a three-story, mixed-use office building. The purchaser will not be permitted to use the Property to establish a cut-through from Winterberry Lane to the Shopping Center. • Considerations: Tony D, LLC and Cynthia D, LLC have agreed to purchase the Property for $892,000. The Property shall be sold "as is." The property is assessed for $789,900. If Council authorizes the sale of the Property to Tony D, LLC and Cynthia D, LLC, this will be a standalone parcel with ingress/egress restricted to one of two access points: (A) from the adjacent shopping center parcel or (B) from Winterberry Lane. • 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 Property subject to the terms and conditions in the attached Summary of Terms. • Attachments: Aerial Map, Location Map, Disclosure Statements, Ordinance, Summary of Terms Recommended Action: Approval of the Ordinance. Submitting Departmen ency: Public Works/Real Estate P City Manager: 1 AN ORDINANCE DECLARING APPROXIMATELY 2 1.295 +/- ACRES OF LAND LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 WINTERBERRY LANE (GPIN 1494-09-6364) TO BE 5 IN EXCESS OF THE CITY'S NEEDS AND 6 AUTHORIZING THE CITY MANAGER TO SELL 7 SAME TO TONY D, LLC AND CYNTHIA D, LLC 8 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain 1.295 +/- acres of land at the intersection of Princess Anne Road and 12 Winterberry Lane (the "Property"), as further described on Exhibit "A" attached hereto 13 and made part hereof; 14 15 WHEREAS, the City acquired a larger parcel including the Property in 16 2003 as part of the Princess Anne Road — Phase IV (Ferrell — Phase II) (VDOT) Project, 17 CIP 2-305; 18 19 WHEREAS, the Property is adjacent to 3276 Princess Anne Road, which 20 includes a 0.38-acre parcel the City sold to YNOT Landstown, LLC pursuant to 21 Ordinance 3433E adopted on December 1, 2015; 22 23 WHEREAS, Tony D, LLC and Cynthia D, LLC (the "Buyers") have agreed 24 to purchase the Property for $892,000; 25 26 WHEREAS, the principals of the Buyers are also the principals of YNOT 27 Landstown, LLC; 28 29 WHEREAS, the Buyers plan to utilize the Property to build a three-story, 30 mixed-use building comprised of approximately 9,800 square feet of first-floor retail 31 space, approximately 9,800 square feet of second-floor office space, and approximately 32 9,800 square feet of third-floor office space; 33 34 WHEREAS, the Buyers will purchase the Property in accordance with the 35 Summary of Terms attached hereto as Exhibit "B" (the "Summary of Terms") and made 36 a part hereof; and 37 38 WHEREAS, the City Council is of the opinion that the Property is in 39 excess of the needs of the City of Virginia Beach. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 44 1. That the Property located on the corner of Princess Anne Road and 45 Winterberry Lane is hereby declared to be in excess of the needs of the City of Virginia 46 Beach and that the City Manager is hereby authorized to execute any documents 47 necessary to convey the Property to Tony D, LLC and Cynthia D, LLC in accordance 48 with the Summary of Terms and such other terms, conditions or modifications as may 49 be acceptable to the City Manager and in a form deemed satisfactory by the City so Attorney. 51 52 2. That the authorization granted herein shall expire if the sale of the 53 Property is not completed on or before July 10, 2022, unless an extension is granted by 54 City Council prior to said date. 55 56 3. Further, that the revenue from the sale of the Property in the 57 amount of $892,000.00 shall be received and appropriated to the Sandbridge Road- 58 Nimmo Phase VII-A Project, CIP 2-078. 59 60 This ordinance shall be effective from the date of its adoption. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 63 day of , 2017. CA13996 R-1 6/2/17 \\vbgov.com\clfs 1\applications\citylawprod\cycom32\wpdocs\tl502\p024\40375452.doc APPROVED AS TO CONTENT A ROVED AS TO CONTENT ublic Works/Real Estate O 6 Economic Development APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY ac/, ,�ry11/tel/� City Attorney's Office Budget & Management Services EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon comprising 1.29532 acres, in the City of Virginia Beach, Virginia, being the northwest corner of Winterberry Lane and Princess Anne Road and being designated and described as "PARCEL A GPIN 1494-09-6364 AREA = 56,424 SQ FT OR 1.29532 AC," as shown on that certain plat entitled "SUBDIVISION OF 1.678 ACRE PARCEL LANDSTOWN MEADOWS SECTION ONE D.B. 2397 PG. 1462 VIRGINIA BEACH, VIRGINIA," dated February 3, 2016, prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20160603000473650, to which reference is made for a more particular description. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' strip of land along the entire boundary with Princess Anne Road and/or Winterberry Lane or so much of said strip as may be needed for right of way or easements for future road improvements to the intersection of Winterberry Lane and Princess Anne Road. RESERVING UNTO THE CITY all underlying fee in and to the streets, roads, alleys, and other public rights-of-way abutting said Property, and all easements of any description benefiting the City or the public. FURTHER RESERVING UNTO THE CITY 1' no ingress/egress easements as follows: A) along the Property's entire boundary with Princess Anne Road; B) along the curve identified as "C1" on the aforesaid plat; and C) along the Property's boundary with Winterberry Lane for so much of said boundary as the City shall require, which may be the entire width of said boundary if alternate access is granted to the Property from Parcel A to Parcel B or from Parcel A to Parcel C-1-A as such parcels are denoted on the aforesaid plat. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Landstown Meadows Associates, L.L.C., dated March 18, 2003 and recorded in the aforesaid Clerk's Office as Instrument Number 20030409000541780. GPIN: 1494-09-6364 EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach BUYERS: Tony D, LLC and Cynthia D, LLC PROPERTY: 1.295 +/- acres of land located at the intersection of Princess Anne Road and Winterberry Lane (GPIN 1494-09-6364), subject to a reservation of a 10' strip of land along the entire boundary with Princess Anne Road and/or Winterberry Lane or such of said strip as may be needed for right of way or easements for future road improvements to the intersection of Winterberry Lane and Princess Anne Road. SALE PRICE: $892,000.00 CONDITIONS OF SALE; • Buyers will be responsible for rezoning the Property from AG-2 to B-2 Business. This conveyance of the Property is EXPRESSLY SUBJECT to Buyers' obtaining conditional rezoning and a conditional use permit for the Property to allow for the development and operation of ground floor retail and second/third floor office space. • No access will be allowed to or from Princess Anne Road, and a no ingress/egress easement will be established by or dedicated to the Seller along the Property's entire boundary on Princess Anne Road. • Ingress/egress to the Property shall be restricted to one of two access points; (A) from the Shopping Center Parcel (defined below) or (B) Winterberry Lane. o If the Buyers choose access from Winterberry Lane, it will be on the following conditions: i. The Deed will contain a restriction limiting use of the Property to a standalone parcel only with no access to the Landstown Commons Shopping Center (the "Shopping Center Parcel") or to the parcel known as GPIN: 1494-09-5423 immediately adjacent to the Property (the "Adjacent Restaurant Parcel"), and shown as "Parcel B" on the plat dated February 3, 2016, and recorded in the Clerk's Office of the City of Virginia Beach, Virginia as Instrument Number 20160603000473650 (the "Plat"). ii. A no ingress/egress easement will be established along the Property's boundary with the Adjacent Restaurant Parcel. iii. The existing no ingress/egress easement between the Property and the Shopping Center Parcel as shown on the Plat will be maintained. iv. A physical barrier will be constructed and maintained between the Property and the Adjacent Restaurant Parcel to prevent any vehicular traffic between the two parcels. The physical barrier will be installed and maintained by the Buyers or its successors and assigned and be of a scope acceptable to the City. This requirement will be reflected in the Deed. v. Access from Winterberry Lane will align with the existing Twinflower Lane. • The Project shall follow the public hearing process as required for conditional rezonings, and the parties shall inform the adjacent neighborhood civic league, Landstown Meadows, prior to City Council voting on the sale of the Property. • Buyers will establish and maintain a landscaped buffer along the rear of the Property that abuts residential development in a width and manner that the Seller deems appropriate. • The Project shall adhere to all signage requirements. • In the event that the Rezoning described above is not approved by the City in its capacity as a municipal corporation within one hundred eighty (180) days after expiration of the Due Diligence Period (the "Approvals Period"), then Buyers and Seller shall each have the right to terminate the Agreement. The Buyers shall commence the development, as evidenced by a building permit, of the Project within one hundred eighty (180) days of Settlement. • The Buyers shall substantially complete the development of the Project as evidenced by Final Certificate of Occupancy within two (2) years of the issuance of a building permit (commencement of the development). rz sc 06 w co q, 4iilli JJ0 WI .. ,. CI i IMO .#41fr* Vim Z j Q F- 4U m 2 N a / 1111 rOQ N z W 0 0 41Iralli .----- 1"1"11#0°. AIIIIIPH' I 111111 MI . Lu 0 Ce o Ce iil till* YLN it �,2j � / 70 U 4 -., ' 4 . . t� n. : .•.... ,... • ' e ,f O , ` .! � . 4 . , ,. ._a .e : . .A.,,,,.........,,,. . .. 4.. -in iit- .- li Wr ` r.R 1 Q 1col 7 j to o co• a. a a CO ow 2 c4 13 v a) s s 2,' J ar l' ' iMUM a) Ite o a i MI DIlersiiiiii,p ›- -a/ 4 • J • lid O 0\ CL e CL Llj (0 CI 0 'S's2 Cr) >. _I-\'34 //' (i-41- ' :'Z-ifeall I / gc'egg --1 `1 ,. NC/17.4Pei, ijk 0 MI6 1-1 WI , / 2 0- 9 F- 13 0) (ON N ON,• 111101. .1:3 b ' • / ,,,, 0 >., v. >. a C20-..*N-- 0 • I". . t L n /1 4-4. o %- 0 1-- z 0 0 , N, ., 1- NI . "C` /" ,. w o N o %r !, ! a V a� o N441114411111:0C</,',) /1/ ., ./ -(6,6, CI mi ,, co licj _,.:A . _-- , S%' 6'..i, D . N° A ..:0:14-tV 0 41/.7- ,, `- / i" //,. . . .N. ,/,/ (./ / , X 113( - . / e+ /7) , ,/ 0 E E //: / b ' .// 4/ co //// /C •. // / i • ' ) ,/i /-// //';'/ 0 • N Q Ae N zQ1j.. p �fp" v O 14 CO QO ate' o a 5` a ch V <n N (p c n. . c, _t, (.\-kj. /,',.. . , . . ...._. -0 , -,.. -4- s , 49 IL e°�` iso N a y • 0 N 2 m `1 JLuigi., aai Virginia Beach APPLICANT'S NAME / o> O L L C- DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE rag en use ONLY rude ,. iclz tr.. s - Page 1 of 7 Viznnl ig Commiss on ane(in Loencu to rry.,. 0 Arr:Ic,I.'f NO I/ EAr: ❑ i:O CK:kGfs A_ O' .�...-. 7547:7 :\ `, � "- - Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership; firm, business, or other unincorporated organization. 71.,,..bhere if the APPLICANT IS a corporation, partnership, firm, business, or ether unincorporated organization.- � !11 _ (A) List the Applicant's name? . anan17,,C_LL . � _—_ C— If an LLC, list all member's names. _ A-rvAtes7 o z If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes) and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:____- If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationshiP" means "a relationship, other than parent-subsidiary relationship, that exists when 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 entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities? See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service:.IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 • APPLICANT Virgin YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of 8 eV n your tax return 7 ❑ Architect/ Landscape Architect/ /1 Land Planner J-)V(1As Ab-t) Contract Purchaser(if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ .�j purchaser of the subject property /W, (identify purchasers)and purchaser's service providers) ❑ Construction Contractors Yw,) Y.5 V tiJ 111 Engineers /Surveyors/Agents YIkO.� �M/ri-;9(Ah /1-5s Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ) L"--7114 Gan , Zr- E1 Legal Services '/ (i�� /a (, Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property I,c- '. 0.3 C`7 4 _______ d SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 0( an interest in the subject land or any proposed development �L�, 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 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 4STURE tion. � � h�// - n-Ft I / 05r Lscf-rr rl C i INT NAME AT Page 5 of 7 • OWNER Virginia YES NO SERVICE PROVIDER hoe addearw Mita,If needs) ar❑ Accounting and/or preparer of 15 a b 'D v 131 your tax return 4J U -icon. I� nArchitect/n Landscape Architect/ • Land Planner Contract Purchaser gf other than ❑ the AnoliranO-Identify purchaser and purchaser's service providers /Adeipending or proposed -■ ❑ ICV purchaser of the subject property� (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors AVRIW nEngineers/Surveyors/Agents -JF V 6 Financing(include current 9 mortgage holders and lenders selected or being considered to I I{"LA.ltN provide financing for acquisition � or construction of the property) l I l Legal Services Ma�r—�- Real Estate Brokers/ \"- n Agents/Realtors for current and IL1la-V-1 u.1 O anticipated future sales of the � llAA (( 1 J subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES \NO, Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 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 Ap licatio/nn.. ER NNER'S SIGNATURE P NT NAM D AT/7 /7 L : l--. , . r) , Page 7 of 7 Virginia Beach APPLICANT'S NAME 4/9-4ia 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 nor.CErl USE ONLY i All c nos: a:::ca , Page 1 of 7 Conmssion aro CityE�.+e,ciim e -- ,h :Ecr .. , :c.cry, - . -JCid... ., :1'r, .,..cif.::CRS._ .,. i... cin. Virginia Beach. nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. i1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or r other unincorporated organization.za//l11 (A) List the Applicant's name: /JQc _LLC If an LLC, list all member's names: Cy47112/sr7)i5))vc 'o 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 footnotesI and 2 • . i 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 aB 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 § 22-3101. 2 "Affiliated business entityrelationshiP" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code 4 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 APPLICANT v YES NO SERVICE PROVIDER(use additional sheets If needed) Z1 ri Accounting and/or preparer of q I I your tax return CI J`` u El 11 Architect/Landscape Architect/ _ 1 Land Planner � �^ V dam Contract Purchaser(if other than 111 the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ j� purchaser of the subject property \l (identify purchasers)and j `f purchaser's service providers) n / J ❑ Construction Contractors t(VW.)1--Y.S V t Lpt 0 Engineers/Surveyors/Agents A.) 01- /Mi :Soh 4-SS Financing (include current C mortgage holders and lenders selected or being considered to provide financing for acquisition r�{ or construction of the property) i 1"-211-1 enPii9' , Imo, 0 Legal Services l I I,Di �� t (, Real Estate Brokers / 5 Agents/Realtors for current and anticipated future sales of theC subject property R-4 �• P$ -j SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ l an interest in the subject land or any proposed development �L.� 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 Virginia CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap•llcation. 7A a. .„diACvni%,a L x/ E377 APPU!' S SIGNA RE W PRI NAME Page 5 of 7 OWNER V‘ginia Beach YES NO SERVICE PROVIDER(use a ddow stints if +I� InrIleie Accounting and/or preparer of J �n� B (�v your tax return G7 ✓ k ❑ Architect/Landscape Architect/ l_f�"n,.. ,/N a,� Land Planner ❑ ContractPurchaserIden y purthan _. the purchaser's purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Cts Construction Contractors -/v■Oc'-�a I i Engineers/Surveyors/Agents �Ul iJ ' a Financing(include current f,> 111mortgage holders and lenders ^ ,`�. selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ '/ ` f] Agents/Realtors for current and K a-\'\ GS ' anticipated future sales of the I IIAA �� 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 ❑ rYt 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 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A ,plication. �/ o PER0 NEWS GNArCIISE E --- P;/,A//4)E r> /, PRIN NAME DATE / Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving the Development Agreement for the CityView Two Project and Authorizing Execution of Project Documents MEETING DATE: July 18, 2017 ■ Background: Representatives of CityView Two, L.L.C. ("Developer") have approached the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") with a plan to develop and construct a mixed-use development in the Town Center area of the City (the "Project"). The proposed Project would be constructed in three phases and include the following: • Phase I: 13,000 square feet of office or retail space, 221 apartments and a two-level parking deck with 488 parking spaces. • Phase II: 24,000 square feet of commercial space. • Phase III: a 110-120 room limited service hotel and 4,000-5,000 square feet of office, retail or restaurant space. The Project would be constructed on approximately 10 acres of property owned by the Developer (GPINs: 1477-62-9678 and 1477-72-2921), located at the northern- side of the intersection of Bonney Road and Constitution Drive (the "Property"). Affiliates of the Developer have also agreed to sell to the City easements across those portions of the Property and related properties controlled by Developer necessary for the continuation of the Thalia Creek Greenway. • Considerations: The proposed agreement between the Authority and Developer (the "Development Agreement") includes annual incentive payments from the Authority to the Developer. The proposed incentives are the Incremental Real Estate Taxes (defined below) generated and paid at the Project, for up to 25 years. The total amount of the incentives is capped at $10,200,000. Developer plans to use the incentive payments to offset a portion of the cost of structured parking in the Project. The Developer has stated that without City incentives set forth in the Development Agreement, the Project would be scaled back to a suburban-style development with little to no structured parking. It is also unlikely that the planned hotel would be constructed as a part of the scaled back project. The Incremental Real Estate Taxes are the real estate taxes generated by the increased assessed value at the Property over the amount of real estate taxes currently generated by the Property. This approach is similar in concept to the TIF model used in the first five phases of the core area of Town Center. The real estate taxes generated by the improvements are used to fund the public obligations. Unlike the core area of Town Center, the Authority will not own the parking facility at the Project; however, the Developer will not charge for parking while the incentives are paid, and although the Developer will retain the right to reserve spaces for Project-specific uses (residents, hotel guests or commercial tenants), at least 150 parking spaces will be available to the general public at all times. . Failure to make the parking available to the public would also result in the termination of further incentive payments. City Council would appropriate sufficient funds to the Authority for this purpose. All obligations of the Authority will be subject to this appropriation. As with the phases of Town Center, the Authority and City would enter into a support agreement to reflect this arrangement. City Council and the Authority approved a term sheet for this transaction at their June 21, 2016 meetings. The terms of the Development Agreement are generally consistent with the previously approved term sheet, with any changes identified on the attached summary of terms. The Authority will consider a resolution approving this transaction at its July 18, 2017 meeting. Any Authority approval is expressly contingent on City Council's approval of this Ordinance. • Information: Public information for this item will be handled through the normal Council agenda process. • Alternatives: Approve the Ordinance as presented, modify the terms as desired by City Council, or deny approval of the Ordinance. • Recommendation: Approval. • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form, Location Map Recommended Action: Approval Submitting Dep. -- • -ncy: City Manager City Manager: is% ' - 1 ORDINANCE APPROVING THE DEVELOPMENT 2 AGREEMENT FOR THE CITYVIEW TWO 3 PROJECT AND AUTHORIZING EXECUTION OF 4 PROJECT DOCUMENTS 5 6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 7 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 8 have engaged in negotiations with representatives of CityView Two, L.L.C. (the 9 "Developer"), and its affiliates, regarding the development and construction of a mixed- 10 use project in the Town Center area of the City(the "Project"); 11 12 WHEREAS, the proposed Project would be constructed in three phases and 13 would include apartments, a limited service hotel, commercial space and structured 14 parking; 15 16 WHEREAS, the Project would be a further expansion of the City's ongoing Town 17 Center project; 18 19 WHEREAS, on June 21, 2016 City Council and the Authority approved a non- 20 binding Term Sheet dated June 14, 2016 (the "Term Sheet"), which outlined a 21 comprehensive development plan for the Project and directed the development of a 22 Development Agreement and supporting documents; 23 24 WHEREAS, the terms of the Development Agreement are attached hereto as 25 Exhibit A (the "Summary of Terms") and made a part hereof; 26 27 WHEREAS, changes in the terms from the Term Sheet are identified in the 28 Summary of Terms; 29 30 WHEREAS, the obligations of the Authority would include incentive payments to 31 the Developer, with such obligations being subject to appropriation by City Council of 32 funds to the Authority; 33 34 WHEREAS, the City and Authority would enter into a support agreement (the 35 "Support Agreement") to reflect their mutual understandings with respect to the 36 appropriation of funds for the incentive payments; 37 38 WHEREAS, the City Council believes that the Project will stimulate the City's 39 economy, increase public revenues, enhance public amenities and further the City's 40 development objectives at Town Center; and 41 42 WHEREAS, the City Council desires that the Authority approve and execute the 43 Development Agreement and Support Agreement. 44 45 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 1. The City Council approves the Development Agreement, a summary of 48 which is attached hereto as Exhibit A and incorporated herein. 49 50 2. The City Council requests and recommends that the Authority adopt a 51 resolution consistent with this Ordinance approving the Development Agreement and 52 authorizing its execution. 53 54 3. The City Manager is authorized to execute the Development Agreement 55 and all other documents, including the Support Agreement, necessary to effectuate the 56 transaction contemplated by this Ordinance, so long as such documents are in 57 substantial conformity with the Summary of Terms, attached hereto as Exhibit A, and 58 made a part hereof, and such other terms, conditions or modifications as may be 59 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 62 of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c- City Manager City Attorney CA14012 ,lyo%cern DFS Applications en 5L555Prod[ycom31 WpdocsD007 P02700351 656 doe 7/7/17 R-1 EXHIBIT A SUMMARY OF TERMS CITYVIEW TWO, L.L.C. 1. Scope of Proposed Project • Phase I: One Structure/$45.55MM Developer Investment • Mixed-use six-level building with: - 13,000 square feet of office or retail on ground floor. - 221 apartment units on levels 3-6. - 2-level podium parking with 488 spaces. • Phase II: One Structure/ $5.0MM Developer Investment • Multi-level commercial building with 24,000 square feet of office space. • 35 +/- surface parking spaces. • Phase III: One Structure/$10.0MM Developer Investment • Multi-level mixed-use building consisting of a limited service hotel with 110-120 rooms and 4,000-5,000 sq. ft. of office, retail or restaurant space. • 21 +/- surface parking spaces. 2. Developer Obligations • Develop and construct entire Project. • Total estimated private investment: $60.5MM. • Maintain and operate structured parking. • Structured parking to remain free and open to public, subject to reasonable rules and regulations established by Developer. • Construction of Project to comply with City Council's Small Business Enhancement Program. 3. Authority Obligations • Pay the Developer incentive payments(the incremental real estate taxes paid at the Project), to offset the additional costs associated with the structured parking, for up to 25 years or until the total amount paid equals $10.2 MM, whichever first occurs. • Payments commence after payment of real estate taxes on a completed element of Phase I. • Authority has the right to terminate payments if(i) entire Project is not completed within 72 months of commencement of construction of Phase I, or(ii) construction on the hotel is not commenced within 36 months of completion of Phase I. 4. Thalia Creek Greenway • Developer, or affiliate of Developer, will sell to the City an easement necessary for the construction of the Thalia Creek Greenway over the Project Area and portions of adjacent parcels to the west. • Purchase Price= $300,000. 5. Material Changes From Term Sheet • Phasel - Original Plan: Two structures, including a 7-level parking garage(481 spaces), Apartments (202 units), Office Space (13,500 sq. ft.), Developer investment: $44.4MM. Revised Plan: One structure, including 6 levels, parking spaces(488 spaces), Apartments (221 units), Office or Retail Space(13,000 sq. ft.), Developer investment: $45.55MM. • Phase II - Unchanged. • Phase III - Scope unchanged. Anticipated investment reduced by$2.5MM. • Developer's total anticipated investment reduced from $62MM to $60.55MM. "i Virgihia :eedl DISCLOSURE STATEM ENT 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 i License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ' SECTION 1 / APPLICANT DISCLOSURE ❑ 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 l n e n a u u N l v r Page 1 of 4 0 NPPLIf %NI NOT I) UI III INING 0 NI IIIANOI AS 0 P(.RIOVS SIIBGtI!FtE, 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) CityView Two, L.L.C. (SEE ATTACHMENT 1 ) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) (SEE ATTACHMENT 2) See next page for information pertaining to footnotes[ and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER Is NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name 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. Is Vif�die Beach t "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 entitles." See State and Local Government Conflict of Interests Act, Va. Code 4 2.2-3101. • ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑X 0 Accounting and/or preparer of Wall, Einhorn & Chernit :er, your tax return P C ❑X ❑ Architect/Landscape Architect/ H&A Architects & Engineers, Land Planner v;r 7' n i a- Beach Contract Purchaser(if other than O X❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O ® Construction Contractors ❑X ❑ Engineers /Surveyors AES Consulting Engineefs 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. * : aro _. Virginia Beach Financing (include current ❑X ❑ mortgage holders and lenders TowneBank selected or being considered to provide financing for acquisition or construction of the property) • D Legal Services Williams Mullen, P.C. Real Estate Brokers /Agents for ❑ ® current and anticipated future sales of the subject property 4 , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • 0 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? Ronald C. Ripley - Member of City of Virginia Beach Planning Cimmission and Workforce Housing Board 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. ftNd rem] ahw))Q, "iIIS SIN APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNERS 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. ATTACHMENT I CityView Two. L.L.C. Member Name&Address RONALD C.RIPLEY Ripley Heatwole Company,Inc. 808 Newtown Road Virginia Beach,VA 23462 F. SCOTT RIPLEY Ripley Heatwolc Company,Inc. 808 Newtown Road Virginia Beach VA 23462 F.ANDREW HEATWOLE Ripley Heatwole Company,Inc. 808 Newtown Road Virginia Beach,VA 23462 CITY BOXES,LLC Gale Levine,Manager Scott Higgs,Manager 1844 N.Alanton Drive Virginia Beach,VA 23454 Attachment 2 COMPANY Arbour Investors,L.L.C. RH Builders,Inc. Avondale,L.L.C. RH Two, L.L.C.(members of Lincoln Square GP i.. BR ONE,L.L.C. RHCVB, L.L.C. Brook Ridge GP,L.L.C. RHS Urban,L.L.C. Brook Ridge II Developers,L.L.C. Ripley Heatwole Company, Inc. Brook Ridge II GP,L.L.C. SAR, L.L.C. Brook Ridge II,L.P. Semple Associates,L.L.C. Brook Ridge,L.P. Stonehouse Station GP, L.L.C. Brookridge Developers,L.L.C. Stonehouse Station ,L.P. CCC I, L.L.C. Summerdale GP, L.L.C. Cedar Property,L.L.C. Summerdale,L.P. • CGB Developers L.L.C. TL ONE,L.L.0 CGB GP,L.L.C. TW ONE,L.L.C. CGB,L.P. Tallwood, L.P. I CGB II GP,L.L.C. Tallwood II G.P., LLC. CGB II, L.P. Tallwood II,L.P. Churchland Medical Developers Associates, L.L.C. Tallwood,G.R, L.L.C. CityView One,L.L.C. Tejo Associates, L.P. CityView Two, L.L.C. Tejo GP,L.L.C. Colonial Corporate Center Telcom Systems, L.L.C. Constitution Drive Developers,LLC Tidewater Cromwell Associates, L.P. Cromwell Investors Developer,LLC VB ONE GP, L.L.C. Cromwell Investors GP,LLC VB One L.P. Cromwell Investors, L.P. Victoria Place Developers,L.L.C. DR ONE,L.L.C. Victoria Place GP, L.L.C. DR Two,L.L.0 Victoria Place,L.P. Derby II,L.L.C. Virginia Financial Advisors,Inc. Derby Run Associates,L.P. VP ONE,LLC. Derby, Inc. Wesleyan Place GP, LLC • HC ONE Developers, L.L.C. Wesleyan Place LP • HC ONE GP, L.LC. Westwinds Associates LLC. HC ONE, L.P. Westwinds Property, LLC. HH ONE,L.L.0 Holland House GP,L.L.C. Holland House,L.P. Kempes Village, L.L.C. • Kempes Village Two, L.L.C. Lincoln Square Developers,L.L.C. Lincoln Square GP, L.L.C. Lincoln Square, L.P. MC Apartments,L.L.C. Mill Creek Apartments,L.P. Mill Creek GP, L.L.C. Realty Concept Acquisitions,LLC. > _ C . 1 s mI s i / O ° j \\ NSF _LI, 111111 % ae- `s * r � µ 1 � � I a i V � d 8 z m � r 0 o z FN O g Xa a S [ or,-s:,... C'ES..,--., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY17-18 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: July 18, 2017 • Background: The Department of Housing and Neighborhood Preservation (DHNP) receives federal funding for a significant portion of its budget. Due to delays in federal budget processes, the actual allocations of funds were not received until June 26, 2017. This ordinance adjusts appropriations to match the actual allocations. In addition, annually the DHNP receives program income in the form of repayment of past loans for housing improvements. When income exceeds the estimate, all additional amounts must be appropriated prior to expenditure. DHNP requests the following adjustments to its FY17-18 Operating Budget: • Appropriate $25,693 in Community Development Block Grant (CDBG) Program Income that was received in excess of estimated amounts. These funds will be used for affordable housing creation and/or rehabilitation per CDBG regulations; • Appropriate $705,288 in HOME Program Income that was received in excess of estimated amounts. This amount is almost exclusively from one large loan payoff made for a housing rehabilitation project completed in the year 2000. These funds will be used for affordable housing creation and/or rehabilitation per HOME regulations; • Appropriate $3,750 in VISTA grant funds received in excess of the anticipated amount. The initial grant was for $11,250, but the department received an additional $3,750 for a total of $15,000. Funds are to be used for Continuum of Care program management; and • Adjust appropriations for CDBG, HOME, HOPWA, ESG Grants, Housing Choice Voucher (HCV), State Rental Assistance Program (SRAP), and COC-Planning Grant to match actual awards: Program Current New Variance CDBG 1,777,701 1,824,317 46,616 HOME 807,798 788,573 (19,225) HOPWA 1,180,789 1,345,472 164,683 ESG 156,528 160,042 3,514 HCV-Admin 1,361,206 1,354,453 (6,753) HCV-Voucher 16,881,019 16,873,091 (7,928) SRAP 917,176 782,522 (134,654) Planning Grant 44,425 40,896 (3,529) • Considerations: The funds cannot be used unless they are appropriated. • Public Information: This item will be advertised as part of the normal agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing & tde4orhood Preservation City Manager. 1 AN ORDINANCE TO AMEND THE FY17-18 OPERATING 2 BUDGET OF THE DEPARTMENT OF HOUSING AND 3 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 FY17-18 9 Operating Budget is hereby modified for the amounts and purposes set forth below: 10 11 1) $25,693 is hereby appropriated in the CDBG Program, with program revenue 12 increased accordingly, from revenues in excess of estimated amounts and 13 such funds will be utilized for affordable housing creation and/or rehabilitation 14 per CDBG regulations; 15 16 2) $705,288 is hereby appropriated in the HOME Program, with program 17 revenue increased accordingly, from revenues in excess of estimated 18 amounts and such funds will be utilized for affordable housing creation and/or 19 rehabilitation per HOME regulations; 20 21 3) $3,750 is hereby appropriated for the VISTA Grant Fund, with federal revenue 22 increased accordingly, and such funds will be utilized for Continuum of Care 23 program management; and 24 25 4) The following adjustments in the appropriation amounts are hereby approved 26 to align the Department of Housing and Neighborhood Preservation FY17-18 27 Operating Budget with federal allocations: 28 a) Increase CDBG Program by $46,616, with federal revenue increased 29 accordingly; 30 b) Decrease HOME Program by $19,225, with federal revenue 31 decreased accordingly; 32 c) Increase HOPWA Program by $164,683, with federal revenue 33 increased accordingly; 34 d) Increase Emergency Solutions Grants by $3,514, with federal revenue 35 increased accordingly; 36 e) Decrease Housing Choice Voucher - Administration by $6,753, with 37 federal revenue decreased accordingly; 38 f) Decrease Housing Choice Voucher- Vouchers by $7,928, with federal 39 revenue decreased accordingly; 40 g) Decrease State Rental Assistance Program by $134,654, with state 41 revenue decreased accordingly; and 42 h) Decrease Continuum of Care Planning Grant by $3,529, with federal 43 revenue decreased accordingly. Requires an affirmative vote by a majority of all of the members of City Council. 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: David Bradley Danattarmeyer Budget & Management Servi s City Attorney's Office CA14098 R-1 July 6, 2017 I. PLANNING 1. STARBUCKS COFFEE COMPANY and STEVEN H. MURDEN for Special Exemption for Alternative Compliance re a commercial building with drive-through at 501 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. SCARLET DAWN WINDLEY and DEREK WILLIAMS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 3833 Jousting Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. MUHAMMAD RABBANI and GUARDIAN PROPERTIES II, LLC for a Conditional Use Permit re Motor Vehicle Sales at 801 South Lynnhaven Road DISTRICT 3 —ROSE HALL RECOMMENDATION: DENIAL 4. DAVID C. BROSIUS and NELL TURNER for a Conditional Use Permit re Automobile Repair Garage, Motor Vehicle Sales, Service and Bulk Storage Yard at 73 South First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 42 4p c\-..,,,..,,, NOTICE OF PUBUC HEARING The regular meeting of the City Council of the City of Virginia each will be held in the Council Chamber 01 the City Hall Building, Municipal Center. Virginia Beach. Vnginia, on Tuesday. July 18. 2017 at 6:Oo p.m. at which time the following applications will be heard DISTRICT 1-PRINCESS.ANNE Scarlet Dawn Windley/Derek Williams (oMmonal Use Permit (Home-Based wildlife Rehabilitation Facility)RAM Jousting Arch (GRIN 1484196909) DISTRICT 3-ROSE HALL Muhammad RabbanVGuerUmn Properties II LLC CPWILLIDDALMOR Qpjp_ip(Motor Vehicle Sales)8015. Ly,nhaven Road (GPIN 1496249644) DISTRICT 6-BEACH Starbucks Coffee Company/Steven H. burden .WCJnative Compliance 501 Laskin Road (GRIN 2418914769) DISTRICT 6-BEIM David C. Brosius/ Nell Turner Cjndfionel Use Permit (Motor Vehicle Sales&Rental,Automobile Repair Garage.Bulk Storage Yard) 735.First Colonial Road (GRIN 2407748915) All interested parties are invit to attend. Ruth Hod en MM6 City Clerk Copies of the proposed ordinances. resolutions and amendments are on file and may be examined in the Department of Planning or online at information call 385-. For Inlwmation call 3854621. If you are plwsbally disabled or visually hinted and need assistance at this meeting. please call the CIT'CLEANS OFFICE atm YO', Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf) BEACON:JULY 2.2017&JULY 9,2017 -11ME FILH. .\,‘ ,..: \ . Ice.d...„____________ ___________________,_____ __ _I - \ _ii o -- 9,____-------- \-------,..,..___- o z - s 1 -\-----„- "\ i„-------- tic P4`1 _\ 11M \\ \„,, et—Tht..,-;,___ por - 1 'tet 3 - ---\\,ce-\ Vi\___ \ ---- oc ___-------0 C it _ - pvende 0001111e) Ilt. - .. - - Holly Road......--- , _�.�--'f ` cl-"- ce... . -----__ SI 1 \lc 1 ti y 11 \ 4.. \ . , fr o 64 Q ii /� \\---A, ''\. '"-\-16' l r 8 5 • ) L3 oG � ti � z oo JI _ tiL ) o- l) rr ', tib \ ' :31 \\ \------------ • i—' r _- 1 \ . WS \ , t 1 N a 311•ClIkini% lit- s ''._ I II f N re \ N l.e.. �. "19) � N a '7% f-- a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STARBUCKS COFFEE COMPANY [Applicant] STEVEN H. MURDEN [Property Owner] Special Exemption for Alternative Compliance 501 Laskin Road (GPIN 2418914769). COUNCIL DISTRICT— BEACH MEETING DATE: July 18, 2017 • Background: The Form-Based Code permits either a two-story Mixed-Use Building Type or a Civic Building Type on sites that have dual frontage on the Shopping 1 and Gateway 1 Street Frontages. As the applicant is proposing to construct a one- story Commercial Building Type, a Special Exception for Alternative Compliance is requested. Starbucks proposes to redevelop the property with the by-right limited use of an eating and drinking establishment with a drive-through. • Considerations: The 23-foot tall building is just two feet shy of the prescribed height of 25 feet. The use of 13-foot-tall storefront windows enhances the perceived height of the building and provides increased façade transparency to the public sidewalk. This creates a built environment that is in-scale with pedestrian oriented activities, current development, and future by-right development options. In addition, by providing all vehicular ingress/egress to the site from Baltic Avenue, the proposal follows the intent of the Street Frontage Type, further promoting the desired pedestrian-scale envisioned for the oceanfront, by the Resort Area Strategic Action Plan (RASAP). Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. Staff received opposition from one resident regarding the missed opportunity for two or more mixed-uses on this site which could provide more options for local year-round businesses. • 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. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the improvements to the site shall be substantially as shown on the submitted exhibits, titled, "STARBUCKS COFFEE COMPANY, PLANT PALETTE,""STARBUCKS COFFEE COMPANY, LANDSCAPE PLAN," and "STARBUCKS COFFEE COMPANY, SITE PLAN," dated 05/08/2017, as prepared by Timmons Group. Said drawings have been Starbucks Coffee Company Page 2 of 2 exhibited to the City Council and are on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Construction Code or as part of the final site plan review, the structure the structure shall be substantially as shown on the submitted architectural exhibit package titled, "SCHEMATIC DESIGN PHASE 1," dated 04.13.2017, as prepared by the Starbucks Coffee Company Miami Studios. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site, the planting plan shall be substantially as shown in the exhibits referenced in Condition #1. All plant material must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the exhibits referenced in Condition #1. 4. All mechanical equipment shall be screened from view from the public right-of- way. The location and screening of receptacles for trash and recycling shall follow the applicable City standards. The trash enclosure shall be comprised of materials included in the architectural exhibit package referenced in Condition #2. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D• •aRrn • -ncy: Planning Department IjA)A City Manager. Applicant Starbucks Coffee Company Agenda Item Property Owner Steven H. Murden Public Hearing June 14, 2017 8 ei,yoj City Council Election District Beach Virginia Beach Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form- v }5'^N.."`` Based Code s �1„N>MWee, Staff Recommendation wd,"'',K<: Approval "'d" ‘ 1 16, � �Nas.F<. Staff Planner 7075 d8 DHL o f _ Kristine Gay �„ ,,6 65./0 d8 OWL U NOW”' Location 1111 on S".‘ 501 Laskin Road Ail? t 1. "•r GPIN 2 �""5`,e 24189147690000 0,,,,,,`"`' 1 x s"N °"Site Size 3 "`" e 19,950 square feet AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use ` ,`,, rt �►/.s e SAN Vacant commercial building # , �' ` . a \L Zoning District and Street Frontage Type + ''c A 1 __ OR Oceanfront Resort/ 'i•,,_ - ...r. c. 1. Shopping 1 &Gateway 1 ` • �` ti Surrounding Land Uses and Zoning Districts " �t 1 `:‘ h�• tl Northc < J t� 0. Commercial/OR Oceanfront Resort �` t, ��4 � "r Southi. t% �'. Commercial/OR Oceanfront Resort 30 s• >- `i , ,'c East ,: t Commercial/OR Oceanfront Resort • T.:::West - Commercial/OR Oceanfront Resort Starbucks Coffee Company Agenda Item 8 Page 1 Background and Summary of Proposal • The applicant is seeking a Special Exception for Alternative Compliance to develop the site with a one-story Commercial Building Type.The site is located in the Oceanfront Resort District; development in this District follows the Oceanfront Resort District Form-Based Code. This code regulates development through prescribed Street Frontage designations and Building Type criteria. The site fronts on the Shopping 1 and Gateway 1 Street Frontages. As prescribed, the Form-Based Code permits only the development of a two-story Mixed-Use Building Type or a Civic Building Type on the subject site. Thus, Alternative Compliance is needed to build the proposed one-story Commercial Building Type. • As shown on the site exhibit,the proposed building is placed at the northeast corner of the site where it is set back 10 feet from Laskin Road and 20 feet from Baltic Avenue. Within the building setback. a 1,550 square foot patio seating area, bicycle parking, and non-fixed planters are proposed. Pedestrian entrances are provided on both street-facing facades.Trash,vehicular circulation, menu screen, pick-up window, and parking are provided at the site's interior,to the south. • The proposed building materials consists of stucco,wood composite, and concrete,with metal and canvas accents.The glass storefront of the building fronts on both streets and is 13 feet 4 inches in height. The majority of the building is 20 feet in height. The mechanical screening and southwest corner of the building is 23 feet in height. d 240 A�14-'-- ,r.----1'7 R �'s". sw.,�c1. ¢ nr o'OR i A-12 1 4 s \..0: 1: OR 2 O� RT-3 — �'� �� Zoning History \� — •••' \ OR , # Request _� �dBp„I. • 1 CRZ (A-12 to Conditional RT-3)Approved 07/11/2006 OROR 2 CUP(Drive Through)Approved 02/24/2009 _ \11 3 CUP(Drive Through)Withdrawn 02/24/2009 J 3 CUP(Drive Through,Bank)Withdrawn 02/26/2010 R-7.6 ------" OR OR (ll 65.10 I dB DHL 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 Starbucks Coffee Company Agenda Item 8 Page 2 Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Specifically for Laskin Road,the RASAP recommends a street section with a 17-foot-wide sidewalk abutting the adjacent building facades and outdoor amenity space. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT 1(LOS 4"C") Laskin Road 7,891 ADT 1 9,900 ADT 1(LOS°"D") Existing Land Use 2— 157 ADT Baltic Avenue 7,772 ADT 1 6,200 ADT 1(LOS°"C") Proposed Land Use 31801 ADT 9,900 ADT 1(LOS 4"D") 1 Average Daily Trips 2 as generated by a 3 as generated by coffee shop with 4 LOS=Level of Service pharmacy drive-through window Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin in the vicinity of this application is considered a two-lane undivided collector roadway. It is not included in the Master Transportation Plan. Currently,this segment of roadway is functioning near capacity at a Level of Service D Baltic Avenue in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. Currently,this segment of roadway is functioning near capacity at a Level of Service D. There are no roadway Capital Improvement Program projects slated for this area. Public Utility Impacts Water The site is currently served by public water. The existing water line should be verified and improved, if necessary,to provide adequate domestic water and fire protection. Sewer The site is currently served by public sewer.The existing sewer service line should be verified and improved, if necessary,to provide adequate sanitary sewer service. Encroachments in the right-of-way may impact a 30-inch HRSD asbestos cement force main which is located immediately north of the site. Starbucks Coffee Company Agenda Item 8 Page 3 Evaluation and Recommendation For the site to be developed with the proposed Commercial Building Type containing the use of an Eating and Drinking Establishment with a Drive-Through Facility, City Council approval is needed for a Special Exception for Alternative Compliance to Section 2.5 of the Oceanfront Resort District Form-Based Code regarding the prescribed height criteria of the Mixed-Use Building Type. As defined by the Form-Based Code, Laskin Road is a Shopping 1 Street Frontage and Baltic Avenue is a Gateway 1 Street Frontage. Where a site fronts on these two Street Frontage Types,the criteria associated with the Shopping 1 Street Frontage Type is followed.The Shopping 1 Street Frontage (Laskin Road) is intended for areas where the highest level of walkability and retail-oriented activity is desired. Shopfronts, outdoor café seating, and other commercial uses are to front wide sidewalks and slower-moving traffic. Residential,office, and hotel uses are to be located above shops and restaurant uses. The Gateway 1 Street Frontage (Baltic Avenue) is meant to carry a higher volume of vehicular traffic than the Shopping 1 Street Frontage. By providing all vehicular ingress/egress to the site from Baltic Avenue,the proposal follows the intent of the Street Frontage Type.The unique placement of the drive-aisle around the nested parking area allows the building and outdoor seating to be placed at the corner of the site,where it provides direct access for pedestrians from both streets. Bicycle parking will be provided along the northern facade, adjacent to the sidewalk on Laskin Road. A public pedestrian easement will be provided along the eastern property line where an 11-foot-deep planted areas will act as a buffer between a five-foot-wide sidewalk and vehicular traffic.This sidewalk will extend to the south beyond the subject site to bridge an existing connectivity gap for pedestrians. The proposed building reaches a height of 23 feet. This is just two feet shy of the minimum prescribed height for the Mixed-Use Building Type.The use of 13-foot-tall storefront windows enhances the perceived height of the building and provides increased facade transparency to the public sidewalk. This creates a built environment that is in-scale with pedestrian oriented activities, current development, and future by-right development options. The site is encumbered by an HRSD easement along Laskin Road and a DVP easement along Baltic Avenue.The applicant has worked creatively within the limitations of these easements as part of the design of the sidewalk, landscaping, patio space, and moveable furniture and planters to be physically and functionally integrated with the built environment. Section 7.3.3 of the Form-Based Code provides the review standards for an Alternative Compliance request.Any development seeking City Council approval for Alternative Compliance must advance the stated goals and objectives of the Resort Area Strategic Action Plan and Oceanfront Resort District Form-Based Code; promote modes of transportation other than the automobile; create a pedestrian-oriented and pedestrian-scaled environment;contribute to a memorable mix of uses; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. In Staff's view, as described above,the proposal results in a pedestrian-scale development that achieves the objectives of these goals and standards. Staff finds that the review standards have been met, and;therefore, recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, subject to the conditions below. Starbucks Coffee Company Agenda Item 8 Page 4 Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the improvements to the site shall be substantially as shown on the submitted exhibits,titled, "STARBUCKS COFFEE COMPANY, PLANT PALETTE," "STARBUCKS COFFEE COMPANY, LANDSCAPE PLAN," and "STARBUCKS COFFEE COMPANY, SITE PLAN," dated 05/08/2017, as prepared by Timmons Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Construction Code or as part of the final site plan review,the structure the structure shall be substantially as shown on the submitted architectural exhibit package titled, "SCHEMATIC DESIGN PHASE 1," dated 04.13.2017, as prepared by the Starbucks Coffee Company Miami Studios. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site,the planting plan shall be substantially as shown in the exhibits referenced in Condition #1.All plant material must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the exhibits referenced in Condition #1. 4. All mechanical equipment shall be screened from view from the public right-of-way.The location and screening of receptacles for trash and recycling shall follow the applicable City standards. The trash enclosure shall be comprised of materials included in the architectural exhibit package referenced in Condition#2. NOTE: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. Starbucks Coffee Company Agenda Item 8 Page 5 Proposed Landscaping (Condition #1) 0 '• Z 0 I I u 3 9 N 3 A V 0 1 1 1 V 9 lir : ,i r t .4„, _ , . I'LL 1 :..4._ ..1) q ' ..,_ ; si I r, i I o _ ,; .V � •e z tf.:( 1 1 : I I i `;("'X I `fib i Q): N. its ' F r; z. 1 Zo Z 11' R. 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(.„.. :,,,,,„,, „„:, ...,.• :•,,.::.,:•,:„ :•,..,:„..... 0 (,.. : , 1 1 ::. . 1 ;::i:!!: ::4: - . :;:if • 44..„.••.: •...•. . ... i:ili! ,-.1.. .-:.•.;_..,:.••-la ' frt.:1i , I r ,4 • , V ..'--at • ''-• i . •• , . -. ,. . • %, I i '4 .., . . ,r ' /if -:''''' i ,,,,,;..',,., ..1 .., .,,,. • 1 , .. . 1 I . ,. I .1-' ', yl, 4.4, :‘,1 I iAllte-i.I 11 -,,.r•••'••'..I.loli :*••; ,'''.i 1 '. . . • - 4 i '' , t, 4 '- '. : : , `1'f, . ' • "- i -4 ; ' IP," -,'-4 . 1 - 1 . -,, ,• . .7 g 1 / i Starbucks Coffee Company Agenda Item 8 Page 7 Proposed Landscaping (Condition #1) 3 Q _ � � b Ip / ~• E '� 341' ?iiiiig till VOL L i i 1 ! g , 41/1 i:: .6z•-11�l333 �3t) ...: ;�;, i. iF g t / 1 Kr r t: 0; 2j iilt,t illi .0!� . a! �a➢7g;s §1iv, ; q!iii li 9 , I;, !k_ ;SII 111 1! 1.:1 !Hill rsil3411 �f i `sl.l Ss lIT ; s S `19 {t1 t1 / :;': ••••:••_;•:••••!: *::::::::: _ . T.r - G --- a` 41 3� • l 7 : 1,'I: 3� a r4' ` 1141 _ t 14. ':::i -I e ! i: i!iiiilf;•., 1711110 ....'.•!:. ":, ..,. -- Hii H . i : III E ➢ QIt WW1 ae 1 I r 4 I I _I I i Starbucks Coffee Company Agenda Item 8 Page 8 i Proposed Site Layout (Condition #1) cl z t n L Zai °i v c 3fr'3nV a '� 4 g �►11Vfl G 3 ` > F-� t. a a • ,Tt;'::;;- ;6 ;:;.,-T _'.•- -0 -- r---t :7'.. � T. • -.N ., i. x VI h • M 0. l ce Il rl �. ,, J [l , 0 4..: I ' i W 1. p 4 : • . i • : .•: - L . S Z5 S z • .::: — 1. / 2 1 i D q pp ZZ C.: Z it tl v I 4U°�� I � f LL K 4 t 9 I Starbucks Coffee Company Agenda Item 8 Page 9 Architectural Exhibits (Condition #2) 141111110ftwimosimi r, II _ _ !% !! 4iii ye . - ---, .,,,,„,„..thii,,,,#:h ,,, View from the northeast,from the intersection of Laskin Road and Baltic Avenue i^a NI .... , ��,, 1, IIP ! 1.1 _ f•�,Zso ' ■ imor iv ,C View from the south,from Baltic Avenue Starbucks Coffee Company Agenda Item 8 Page 10 Architectural Exhibits (Condition #2) !}t` y •� r v- 1 :RIS,., , . iii I , ...1 , , ., . ., . ,_I ,. ,. . .._.. , l _ , _. WEST ELEVATION 7 `a\ I I iiiiiI siew, . p-,,,,, , w._ ......,itiM ,11 EAST ELEVATION Starbucks Coffee Company Agenda Item 8 Page 11 Architectural Exhibits (Condition #2) [ I . ;‘, . /� O to 1HE m 1 1 :l!Li........,.. __._ < I40ri 0LI ui I.9 cc 1 I .:.1.I I MT,' / 1.4._ , l QlA 4., . 1. 1 . • • . . roi ---- --4 --Lkz • '( FE . 0 . to I MN rsI Starbucks Coffee Company Agenda Item 8 IPage 12 Architectural Exhibits (Condition #2) i N ie. 1 _ 1. F1 i rr--- F1 t I el Tt I I .._, ❑ 1I L J \i e FE LIIli J h -i r1I r.. .. ,. (N) Li: J l k II J \ I 11 � �p ✓ 1. • .r, I LL . \ \ -• -I—JI— Y \, ;1 J J Y r y R \ .—.moi < S r A I�r•P Z q rc h 9 rf d4 }FFIt f [jjjj 1 Y a J k i 2 F J'I I _ .PSI s J , 4 hl[ Starbucks Coffee Company Agenda Item 8 Page 13 • Architectural Exhibits (Condition #2) 4 :foil• '- 'l iP fl 1.4, W • '., z 3la IJP ••I t .. < : ,..' 1/1-1--- ? . ! V) 0.1 CC 0 0 a f 1 J I'v + 4,) a li S 5 Z tce cI op o i - , e _• w ` o ' •z • 9 W 90 ryf H Z E ..,.... O u 0 W 0 Y Q W I N e ll wW _> ," I z Starbucks Coffee Company Agenda Item 8 Page 14 Disclosure Statement ,U Virginia Beadi APPLICANT'S NAMEsta1 B°CO"oafn' 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 of 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 Encmaclunent Request Rezoning Appeals Certificate of Floodplain variance Appropriaten(Historic ReviewieS Street Closure 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 Paget of 0 GPPUCANT NanrlrD Of MELafNC - : � .- I 2( NJ C UNC[ L' of . _ t.[0.{* -. Carolyn Smith 0 RELi DMt tLl no Starbucks Coffee Company Agenda Item 8 Page 15 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 0 Check here if the APPLICANT /5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Slafbu cies COIPcrtallon If an LLC,list all member's names: WA If a CORPORATION,list the the names of all officers, directors, members, trustees, etc. blow. (Attach list if necessary) WA (8) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) &nitwits Coffee Company See next page for information pertaining to footnotes' and z • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOTA corporation, partnership,firm, business,or other unincorporated organization I I 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:Steven H Maden If an LLC,list the member's names Page 2 of 7 Starbucks Coffee Company Agenda Item 8 Page 16 Disclosure Statement Vlrglw Beach If a Corporation, list the names ofail officers,directors, members,trustees, etc below. (Attach list if necessary) WA (B) List the businesses that have a parent-subsidiary' or affiliated business entity t relationship with the Property Owner: (Attach list if necessary) WA 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting paver of another corporation' See State and Local Government Conflict of Interests Act,Va Code 5 223101. 2 'Affiliated business emit relationship" means 'a relationship, other than paremSubsidiaty relationship,that exists viten (i)one business entity has a controlling ownership interest in the other business entity,Oil a cannoning owner in one entity is also a controlling owner in the other entty,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 am 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 Cr otherwise share canities, resources or personnel on a regular bass, or there is otherwise a close working relationship between the entities' See State and lata' Government Conflict of Interests Act Va.Code5 22-3101_ e e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of th aoolicwotl or any business ooeratino or to be coerced on the Pmoertv. If the areae to any item is YES, please identify the firm or individual providing the service: IF TH OMIER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTOI SEPERATELV Page 3 of 7 Starbucks Coffee Company Agenda Item 8 Page 17 Disclosure Statement VB APPLICANT Vhgiwluach YES NO SERVICE PROVIDER vee aann..l sheen if men ❑ f According a d/or prtprer of your urs ree.n ® ❑ Arcbbect/Landscape Architect/ mn..ms neap and raar Ardeum Land Planner Cornet Purchaser rR auef urn ❑ the Ardnon)-idetifY purchaser I and paacbtsePs service providers Any other pending or proposed ❑ ® purchaser oldie subject property s)and I/p�ylj purchaser's pr providers) IDI ❑0 Constrrction Contractors IOu Eighteen/S.veyurs/Apeats ;Tumors Group Finan=Of ciing!Oslyd-current holdersad lenders ID ® se Sorbeim Scoaldered to provide f.rnnp for requisition or construction of the property) '-4 0 lapel bias iKana Russell canm.n and Logan PC Real Estate Brokers/ ❑ 9r 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 anion? if yes,what is the name of the official or employee and what is the nature of the interest, WA Page 4 of 7 Starbucks Coffee Company Agenda Item 8 Page 18 Disclosure Statement 11/4B Virginia Brach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Appli ation. FRiNTNAMLtkk ' a 1 �TIRf 4 DATE G � Starbucks Coffee Company Agenda Item 8 Page 19 Disclosure Statement OWNER • t1 SE (T1114 fNIMN INTf RESI Pr PUBLIC flFi It AI OR .t, "," • -"II .. . "' . ,..inn..., Starbucks Coffee Company Agenda Item 8 Page 20 Disclosure Statement _1. I? I II K AXON . .r . 1 .{m. r espur 'iblr fur ri pddlrny the •nlun•i.IIFOol nun/ided herein Iiv() Nrcl.% pr,ar In the Pl.Anninq Conuni;swn Cuunul A auA �'. rnci lrnq nr meeting of dn4 plrbin both of rurnmiile♦ .n r unm•rlron .mIll. /his Appbl dIIf)" 4 11 Starbucks Coffee Company Agenda Item 8 Page 21 Item#8 Starbucks Coffee Company Alternative Compliance 501 Laskin Road District 6 Beach June 14, 2017 CONSENT An application of Starbucks Coffee Company for an Alternative Compliance on property located at 501 Laskin Road, District 6, Beach. GPIN: 2418-91-4769-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the improvements to the site shall be substantially as shown on the submitted exhibits,titled, "STARBUCKS COFFEE COMPANY, PLANT PALETTE," "STARBUCKS COFFEE COMPANY, LANDSCAPE PLAN," and "STARBUCKS COFFEE COMPANY, SITE PLAN," dated 05/08/2017, as prepared by Timmons Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Construction Code or as part of the final site plan review,the structure the structure shall be substantially as shown on the submitted architectural exhibit package titled, "SCHEMATIC DESIGN PHASE 1," dated 04.13.2017,as prepared by the Starbucks Coffee Company Miami Studios.Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site,the planting plan shall be substantially as shown in the exhibits referenced in Condition#1. All plant material must be maintained in good health.Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the exhibits referenced in Condition#1. 4. All mechanical equipment shall be screened from view from the public right-of-way.The location and screening of receptacles for trash and recycling shall follow the applicable City standards.The trash enclosure shall be comprised of materials included in the architectural exhibit package referenced in Condition#2. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE Item d8 Starbucks Coffee Company Page 2 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 8 for consent. Lisa Sunderland appeared before the Commission on behalf of the applicant. ( ri 4----- / g IIIIII 00 \------\ %., fi------ i T.. : \ , 1 0 1011111 pr ---1 - i \ \ 11000o 4 ,., t.) os 0 .\ 011 \ 10111, \ •-) N. \ C.) E • .-----5- ,i 0 N / A .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCARLET DAWN WINDLEY [Applicant] DEREK WILLIAMS [Property Owner] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 3833 Jousting Arch (GPIN 1484196909). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: July 18, 2017 • Background: The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility in the Salem Lakes neighborhood. As the applicant was unaware of the need for a Conditional Use Permit, rehabilitative care for raccoons, opossums and squirrels has been provided on site for the past three years. The applicant has two cages located in the backyard, where the animals are kept when well enough and old enough to be outdoors. As these cages appear to be located within the five-foot side yard setback for accessory structures, a deviation to the setback requirement is requested. Animals are referred to the applicant by the Virginia Beach SPCA, the Virginia Beach Animal Control, private citizens, and licensed veterinarians. • Considerations: The applicant is licensed through the Virginia Department of Game and Inland Fisheries as a Category I Wildlife Rehabilitator and has operated on the site without any incidence during the last three years. The two cages are in the rear yard and are fully screened from view of the right-of-way by a solid, six-foot high privacy fence. The applicant has discussed the request with the surrounding neighbors and has submitted letters of support from two adjacent property owners. 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. 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 Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. Scarlet Dawn Windley Page 2 of 2 3. No animals shall be released at the subject site or within the neighborhood. 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 Facility are screened from view. 5. Pre-release cages, depicted on the site layout, shall be equipped with a double- door system for the protection of the handler and of the wildlife. 6. All wildlife kept on site shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme gency: Planning Department City Manager. VBApplicant Scarlet Dawn Windley Agenda Item Property Owner Derek Williams Public Hearing June 14, 2017 12 City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) Staff Recommendation , ,..Cl ::nner C c,� 0 Robert Davis c v a Icon Court o A. Location _, `oma 3833 Jousting Arch E �c GPIN Y c l 1484196909 Site Size o 4,962 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District - • • , Single-family dwelling/ PD-Hl Planned Unit tz• ��. • .` :�, r 4 � por Development ..;r t rc II Surrounding Land Uses and Zoning Districts -,. I North 41* ^ " . y Jousting ArchF " ,\ . Single-family dwellings/ PD-H1 Planned Unit Development is,, South ' Single-family dwellings/PD-H1 Planned Unit •, r. , • Development . a„i; -* --"1 , East ~., . A.- ` ' ; Single-family dwellings/PD-H1 Planned Unit ; , Development tr. . . . `; : ' : " West r Single-family dwellings/PD-H1 Planned Unit 'j„'. 1' le.' Development Scarlet Dawn Windley Agenda Item 12 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for orphaned and injured wildlife,specifically squirrels, opossums, and raccoons. • The applicant is licensed with the Virginia Department of Game and Inland Fisheries (VDGIF) as a Category I Wildlife Rehabilitator. • The application states that rehabilitative care has been provided on site for the previous three years, as the applicant was unaware of the need for a Conditional Use Permit. • Animals are referred to the applicant from the Virginia Beach SPCA, the Virginia Beach Animal Control, private citizens, and licensed veterinarians. • The applicant has two cages located in the backyard adjacent to a six-foot high wooden privacy fence that encloses the backyard. • The cages appear to be located within the five-foot side yard setback for accessory structures. Based on this,the applicant requests a deviation to the required setback through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." • No animals will be released on the property or within the neighborhood upon rehabilitation. PD H V‘'s "—s ,i/ • .\ • • No Zoning History to Report 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 Scarlet Dawn Windley Agenda Item 12 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 against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There do not appear to be any significant natural resources or cultural features associated with the 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 Facility on this site,in Staff's opinion, is consistent with the Comprehensive Plan's land use policies with regard to compatibility with the surrounding neighborhood and similar to other wildlife rehabilitation requests within the Suburban Area. The backyard is enclosed with a six-foot high privacy fence that provides sufficient screening of the cages. The applicant has discussed the request with the surrounding neighbors and has submitted letters of support from two adjacent property owners. Section 242.3 of the City Zoning Ordinance provides specific standards (listed below)for Home-Based Wildlife Rehabilitation Facilities.The applicant is aware of these standards and Staff believes that this request adequately addresses these requirements. For the reasons stated above, Staff recommends approval of this request,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 Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. 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 Facility are screened from view. Scarlet Dawn Windley Agenda Item 12 Page 3 5. Pre-release cages, depicted on the site layout, shall be equipped with a double-door system for the protection of the handler and of the wildlife. 6. All wildlife kept on site shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 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. Scarlet Dawn Windley Agenda Item 12 Page 4 Zoning Ordinance Requirements for 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. Scarlet Dawn Windley Agenda Item 12 Page 5 Site Layout d0_ 312, za3, Approximate Location 3837 of Existing Cages Scarlet Dawn Windley Agenda Item 12 Page 6 Site Photos • -vur • 1 _______ • • :_,.., , I_.,... ...,, .......„... .. , _. . . . .„ .7: ,c, ,Alyw .•• ...• .444. ,"'"i.- .'; ,....1":. ,alkiWir' :...,.. . ,.....,:. _ .. ....k.:,.....,.r' . • - , .6.'1 II .1:1, .„. 4.Ir., ,• .4. '' Ao....M!r4...., ,..1 .... v , 06 1 , .... • '''' '' '''.---.. •ill r.. •- , 1 5 , .. x •• ., • ,.. . ,'":340.0K, • ' •,,'",,, ( -i••••••„. L - -.• ah, ,, _ _ ... J.,... .. ,,..sik I '11 . - ''..., ns-1--roil • 741 .s. - . - .• . .• . t •i.• , *it 'Ik$ I ....,.. , .._ : • ,............„.. _...... . --_-_•,-.7-imr, 1.--, • , ! , ,L ...,. , ---.....!,•ht., :•L r . .,.. . .S. ria....41 Atit 31...,P -, 4''1.bk•1.,,4 '- '' **.::. ' -N''-' • -- • 7 '*' - , i • . ,. Scarlet Dawn Wind ley Agenda Item 12 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME S1 r Je* \niinra �e\/ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by Cit Property Conditions or Proffers Alternative Economic Development Nonconformin Use Compliance,Special Investment Program Changes g Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness - - Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ 'onditional Use Permit License Agreement Wetlands Board s The disclosures contained in this form are necessary to inform public officials who may vote ort the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE I /c JSo . /All a f ' Pagel of 7 � IIinuI ,r1:(01y riffling 11.1 pt.ra.fm-ou L_ 0APPLILANT NOINLJVI n TAKING I l i C 1yO t5 R )p --//�� o _CYA7/Dj'/"�y' Robert Davis I Scarlet Dawn Windley Agenda Item 12 Page 8 Disclosure Statement Virginia Beath 4 Check here if the APPLICANT (S NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT O 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) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE e Complete Section 2 only if vroperty owner is different from Applicant. Check here if the PROPERTY OWNER ISNOT a corporation, partnership, firm, business, or other unincorporated organization. o Check here if the PROPERTY OWNFR IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name _J\ere k `\LU L8lk4 ___ If an L LC, list the member's names_ - Page 2 of Scarlet Dawn Windley Agenda Item 12 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below (Attach list if necessary) (R) I ist the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner'. (Attach list if necessary) `Pdrenrsubsidiary 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 Loa/Government Conflict of Interests Act,Va. Code S 2 2 3101. 2 'Affiliated business entity relationship` means 'a relationship, other than parent-subsidiary relationship, that exists when(done 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, ur (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 entitles;there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there Is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests An, Va.Code 5 2 2 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sublect of the Applicalinn or ante business operating or to a operated an_the Proverrg. 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 S EPERAT ELV Page 3 of 7 Scarlet Dawn Windley Agenda Item 12 Page 10 Disclosure Statement APPLICANT Virginia Beach PROVIDER I tadditional shetu it YES 1 [NO 1 I SERVICE ded) ❑ ® Accounting and/or preparer of your tax return • ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Anorca t)- identify purchaser and purchaser's service providers i Any other pending or proposed ❑ pTi purchaser of the subject property (identify purchaser(s)and purchaser's service providers) - _. -_ ❑ 2 Construction Contractors ❑ ®" Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) _ ❑ 13 Legal Services Real Estate Brokers / ❑ Ear Agents/Realtors for current and anticipated future sales of the subject property4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO r 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? If yes,what is the name of the official or employee and what is the nature of the interest? — - - — - Page 4 of ? Scarlet Dawn Windley Agenda Item 12 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. U,C�pA- L1) „,.tAQyE Scut iet Wrnq let /;)-.28-11/10 LPPUGNR SIGNATURE _ _ PRIM NAME DATI - Page 5 of Scarlet Dawn Windley Agenda Item 12 Page 12 Disclosure Statement AB OWNER Virginia Beach I - - — __ additionall(. . e dl Accounting and/or Pre Parer of • ® your tax return I C N Architect/Landscape Architect/ Land Planner Contract Purchaser(if other shin ❑ ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed LI ® purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) ❑ ®r�r' Construction Contractors in El Engineers/Surveyors/Agents Financing(include current Navy Federal Li mortgage holders and lenders Credit 1Apion selected or being considered to provide financing for acquisition or construction of the property) ❑ 0 Legal Services Real Estate Brokers/ ❑ a Agents/Realtors for current and anticipated future sales of the sub- ct property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Elan 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 Scarlet Dawn Windley Agenda Item 12 Page 13 Disclosure Statement Vulgate 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 ratification 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. 1erek - \/Ji III9115i aagavls PR ERTV OWNER 5 SIGNATURE PRINT NAME DATE Page 7 of 7 Scarlet Dawn Windley Agenda Item 12 Page 14 Item #12 Scarlet Dawn Windley Conditional Use Permit 3833 Jousting Arch District 7 Princess Anne June 14, 2017 CONSENT An application of Scarlet Dawn Windley for a Conditional use Permit (Home-Based Wildlife Rehabilitation Facility) on property located at 3833 Jousting Arch, District 7, Princess Anne. GPIN: 1484- 19-6909-0000. 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 Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. 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 Facility are screened from view. 5. Pre-release cages, depicted on the site layout,shall be equipped with a double-door system for the protection of the handler and of the wildlife. 6. All wildlife kept on site shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 12. 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 Item#12 Scarlet Dawn Windley Page 2 WEINER AVE By a vote of 11-0, the Commission approved item 12 for consent. The applicant Scarlet Dawn Windley appeared before the Commission. . r--- i !: ;,: rr,m ....._._ ____........ . .,. 1 N N M 1 -- 1 _- rt go ad ____ klave" _____ ______ 1.4 011 t ---____________ . ..., ik F._,..._ - _t 1 _....\ \ \---. --'\ ,- \-LsZ ! 11111101411sikic;\ I %.___:, 1 j__7 '"+ ' __----- _=t '' t ----_ Ali 1------------ i _ — _ _ -Car__---- ,— - -- _ _ i_._.L.L. 1.'' \ it , r _ r 4 L,i kl--111 ___-,1- _, , Oa \ \ , 3 %•• ' It. It t .01 __,1 114:1 Nair L '' , r,„„. („_, 1 i I U c iii).i %'.3IIrt 4=-- ;,--CIC col .t. I 4 r 1 _- r---A • ! 1 r. li s INee iI eft -i ' 1.. .. -- 7:_.ii o...._.\:. • , I °iz ` ,;; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MUHAMMAD RABBANI [Applicant] GUARDIAN PROPERTIES II, LLC [Property Owner] Conditional Use Permit (Motor Vehicle Sales) 801 South Lynnhaven Road (GPIN 1496249644). COUNCIL DISTRICT— ROSE HALL MEETING DATE: July 18, 2017 • Background: The applicant requests a Conditional Use Permit to display up to 12 vehicles for sale within a portion of the existing parking lot on this commercial site. An existing small wooden shed is proposed to be renovated and used as the office for the auto sales operation. In 1976, the City Council approved a Conditional Use Permit for an Automobile Service Station on this site. The gas station along with a convenience store has been in operation since that time. In late 2016, the applicant submitted a request of a Conditional Use Permit for Motor Vehicle Sales. The Planning Commission deferred the request in February 2017 and in June 2017 voted unanimously to recommend denial of the application, consistent with Staff's recommendation. • Considerations: Staff met with the applicant to discuss concerns with the request, as well as provide him with information related to current requirements related to landscaping, handicap accessibility, water and sewer service, and the Building Code. In order to save the applicant both significant time and money, Staff prepared a concept plan that reflects easily achievable upgrades to the site in an attempt to bring the property closer into conformance with current standards, should the request be approved. These upgrades are typical retrofits of a developed site proposing to add vehicle sales or other commercial uses. These upgrades on the concept plan include planting requirements for the auto display areas, streetscape landscaping, and dumpster screening, as required by the City of Virginia Beach Landscaping Guide. In Staff's opinion, as well as that of the Planning Commission, the details of the sales operation are not reflective of a high quality sales operation. Concerns remain related to the proposal's contradiction with the policies of the Comprehensive Plan, the expansion of auto related uses at the entrance to the neighborhood, future conflicts related to customer and employee parking, the failure of the parking lot to meet ADA or the Zoning Ordinance standards, and the difficulty to retrofit the shed to meet all Building Code requirements. Muhammad Rabbani Page 2 of 2 Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. The applicant submitted approximately 20 letters of support from residents and businesses in the vicinity. There is no known opposition to this request. • Recommendations: City Staff recommends denial of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 11-0. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Departmento cy: Planning Department City Manager. Applicant Muhammad Rabbani Agenda Item (NB Property owner Guardian Properties II, LLC Public Hearing June 14, 2017(Previously deferred on 02/08/2017) City Council Election District Rose Hall D 3. Virginia Beach Request 20-76 dB DNL Conditional Use Permit (Motor Vehicle Sales) F terry Qom Lan ZBowling Green Dnse Staff Recommendation Denial S z x £ Gen«v anal�Ah W•:Mac D,rvt = di APZ2 Staff Planner Coach House lane Jonathan Sanders 75 dBDNL tt rsnlwPu- 0LVnnhaKn NO 1 IooP T Location to SowCreeA9ahva.d >� 801 South Lynnhaven Road '1, GPIN \ APZ2 �1' 1496249644r a'`e4.'"‘M whn Ma�ocM U, a ow°°'°° Ni' Site Size 38,093 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District • r \ Convenience store with fuel sales/ B-2 w�� 4, ec I F,. Community Business , e Surrounding Land Uses and Zoning Districts '' -• yi' '4, North ` e ... ,• e Bow Creek Boulevard 1 . ....iiiiii Single-family dwellings / R-7.5 Residential = w , ` r �' `` South tete 1.. r ; } Printing business/ B-2 Community Business ' � ' ,� 4 East e _le k.:. 11 _ �1. South Lynnhaven Road r l Mixed retail, restaurant/ B-2 Community *''' ;° Ire(rF ei'i'Business �• ;w . - 'y.!E' 1 West Carriage Hill Road Single-family dwellings/ R-7.5 Residential Muhammad Rabbani Agenda Item D1 Page 1 Background and Summary of Proposal • In 1976, a Conditional Use Permit for an Automobile Service Station was granted for the site and has been in operation, along with a convenience store, since that time. • In 2016, a Conditional Use Permit application for Motor Vehicles Sales was submitted for the site.This application was deferred at the February 8, 2017 Planning Commission hearing in order for the applicant to provide additional details pertaining to the improvements proposed to the site. • The request is to display up to 12 vehicles for sale within the southern portion of the existing parking lot. The applicant proposes to operate the business by appointment only, as he will be the sole employee. It is the applicant's intent to advertise the used vehicles for sale via the internet. The applicant proposes to operate the used car sales business out of a small wooden shed located south of the existing convenience store. • There is an existing aged six-foot high fence that is proposed to be replaced with a solid six-foot high white vinyl fence that will provide screening of the proposed auto sales area from the homes along Carriage Hill Road to the west. • Consistent with the requirements of the City of Virginia Beach Landscaping Guide, the applicant intends to install the required screening around the existing dumpster(a solid six-foot high white vinyl fence and evergreen shrubs) and plants within the sales display area. Streetscape plantings along both Lynnhaven Road and Bow Creek Boulevard are proposed, as well as the installation of plant material at the intersection of these rights-of- way. E B_2 R_7' j` R-7:5 I8owcr•eK6°ulevard Zoning History 1 / # Request r ; 76 de DAR 6 0- ___—,--- 1 CUP(Automobile Service Station)Approved 04/17/1976 �/A 13,2 2 CUP(Automobile Repair&Sales)Approved 10/14/1997 R 7.5 = 62 a ' R5 , 2t- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is located in Special Economic Growth Area (SEGA) 2 West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential, with a primary consideration being adjacency to NAS Oceana or within the Interfacility Traffic Area high noise overflight zone. The area west of Lynnhaven Parkway is recommended for corporate office, retail, and other comparable commercial use due to this site's high visibility. Muhammad Rabbani Agenda Item D1 Page 2 Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is developed with a convenience store and 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 South Lynnhaven Road 16,300 ADT 1 14,800 ADT 1(LOS°"C") y 22,800 ADT 1(LOS°"D") Existing Land Use 2 -651 ADT 6,200 ADT 1(LOS°"C") Proposed Land Use 3-661 ADT Bow Creek Boulevard 5,500 ADT 1 9,900 ADT 1(LOS°"D") 'Average Daily Trips 2 as defined by fuels sales 3 as defined by 12 motor vehicle sales 4 LOS=Level of Service with four vehicle fueling and fuel sales with four vehicle fueling positions with convenience positions and convenience market market Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation After Planning Commission's deferral,the applicant has provided more than 20 letters of support from residents and businesses in the vicinity. Two of the four adjacent neighbors have provided a letter in support of this request. Staff met with the applicant to discuss the requirements related to landscaping, handicap accessibility, water and sewer service, and Building Code issues. Since then, the applicant provided a perspective drawing showing proposed improvements to the site.The applicant did state to Staff his intent to install a new fence and to meet the Landscaping Guide planting standards, however, the submitted plan is not reflective of the requirements related to auto sales display areas and streetscape landscaping, as required by the Landscaping Guide. In an attempt to assist the applicant, Staff created a concept plan, shown on the following pages, to illustrate how this site could be upgraded to meet these standards. The proposed Conditional Use Permit request for Motor Vehicle Sales, in Staff's opinion, is not acceptable at this location. The details of the sales operation are not reflective of a high quality sales operation. While the applicant does also own the property, the gas station is leased to a different operator, which may lead to future conflicts related to customer and employee parking. During Staff's site visit, it was evident that the recent restriping of the parking lot does not meet ADA or the Zoning Ordinance standards. In addition, the use of the existing shed for the auto sales office necessitates compliance with all applicable Building Codes. Staff has expressed significant reservations regarding the ability of the shed to meet all requirements.The applicant is aware that if the shed does not satisfy the requirements of the Building Code, a modification to the Conditional Use Permit will be likely if a new structure is proposed. While the property is adjacent to commercially zoned properties along South Lynnhaven Road, it is also at the entrance to the Bow Creek neighborhood. The commercial uses in the vicinity are predominately retail and service oriented, as opposed to the proposed automobile related use. This request is contrary to the land use policies of the Comprehensive Plan, which recommends that the area west of Lynnhaven Parkway provide corporate office, retail, and other comparable commercial uses, particularly on high visibility sites such as this. Muhammad Rabbani Agenda Item D1 Page 3 Based on the considerations above, Staff finds this request to be incompatible at this location and recommends denial. 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. Muhammad Rabbani Agenda Item D1 Page 4 Proposed Site Layout - Prepared by the Applicant Muhammad Rabbani Agenda Item D1 Page 5 Proposed Site Layout - Prepared by Staff Add landscaping at the corner and along South Bow Creek Blvd Lynnhaven Road Relocate umpster Convenience Store v+ out of the parking area, Fuel Pumps r screen dumpster perCO the Landscape Guide t ' } Replace existing Proposed office fence with new solid 6-foot tall � ` \ fence IF --,t Designated motor vehicle display area of up to 12 cars with interior landscaping, per the Landscape Guide Muhammad Rabbani Agenda Item D1 Page 6 Site Photos ,-.--- • i. , ....‘\ it • : .,•,X 411111NIMP ,,• , • -, Tc IP. 744._ ., ...., A V 1 r , ..,-, _. , ,.., ".ik. ....A ;•.....er,, . :"1.$,A,71:.••• ,,.,,-- '.4. -,; •.7.• • •,:::-S444,:frr.7.:;23,•••, •'.• '..A• -','-',..i,,,„•:„--.. T , . , ,,,,,...... ....,... .„ . .... __. ..,_, Il , - 4 . ... — ------- - —.11111111111111111111ftimeminm...._ Orr Muhammad Rabbani Agenda Item D1 Page 7 Site Photos a • i pr' • 14 f /. Muhammad Rabbani Agenda Item D1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Muhammad Rebhan! DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • , SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 AlP I AN] n + L !I 'eMIIN 5. + HAN. • 7/07 JS Jonathan Sanders El PI v IN)<<e mi 11 Muhammad Rabbani Agenda Item D1 Page 9 Disclosure Statement Virginia Beach ▪ Check here if the APPLICANT /5 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Anniirank. ▪ Check here If the PROPERTY OWNER 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:Guardian Properties II, LLC If an LLC, list the member's names:Stratford Ward, Muhammad Rabbani Page 2 of Muhammad Rabbani Agenda Item D1 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. SeeState 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 (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 empbyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Muhammad Rabbani Agenda Item D1 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheersif needed) ® ❑ Accounting and/or preparer of Ghori Tax Services your tax return Ixl Architect/Landscape Architect/ • W Land Planner ® Contract Purchaser(if other than Elthe 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) • 0 Construction Contractors • ❑ Engineers/Surveyors/Agents John Sirine Financing (Include current Xenith Bank ® ^ mortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / f ® Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Muhammad Rabbani Agenda Item D1 Page 12 Disclosure Statement Virginia Reach 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 Erior to the Planning Commission, Council, VEDA ' It ' � ction with this meeting,,ppor MetMg g gf. public body or committee in c APPlica[� � 1 }Il �CI�� I•• 66 I LI/1 APPLICANT! NA]1MF~ / �RINT _ DA FE. • Page 5 of Muhammad Rabbani Agenda Item D3 Page 13 Disclosure Statement OWNER Virginia / YES NO j SERVICE PROVIDER(useadditional sheets if needed) ❑ ® Accounting and/or preparer of your tax return • ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchasers)and purchaser's service providers) ® Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing (include current XenitWBRR ® O mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ® Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? Page 6 of Muhammad Rabbani Agenda Item Dl Paee 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. iE17 57,411-0,(1) /3/4297 6.7u1i7 PROPERTY OWNERS SIGNATURE PRINT NAME meow, DATE Page 7 of 7 Muhammad Rabbani Agenda Item Dl Page 15 Item 801 Muhammad Rabbani Conditional Use Permit Motor Vehicle Sales 8015. Lynnhaven Road District 3 Rose Hall June 14, 2017 REGULAR Jan Rucinski: We have one more item on the agenda and that is item Dl. That is Muhammad Rabbani. An application for a Conditional Use Permit(motor vehicle sales)on property located at 8015. Lynnhaven Road, District 3, Rose Hall. Do we have representative here for this application? If you would, come forward and state your name for the record please? Muhammad Rabbani: Thank you Mr. Chairman. Thank you honorable Planning Commission Members. My name is Muhammad Rabbani. I am one of the owners of the property at 8015. Lynnhaven Road, Virginia Beach,Virginia. Good afternoon to you all. We have heard this here back in February. We have owned this lot since 2006. I am a resident of the City of Virginia Beach since 2000. I live about a mile down from this particular lot, particular store. 1 have been there for 17 years. I am a part of that community. Last time I was here,we asked to have some extra time,granted time to work with the wonderful staff of the Planning Department, particularly Mr.Sanders. You guys have an extremely professional staff. They worked with us. This particular site,there were a couple of points that were placed by the Planning Department. I will get to them later. The first thing we did was when we came up with the proposed car lot, we actually canvassed the neighborhood, both the commercial and the residential, both of them. At that time I met with the Planning Department. We only had 20 letters. Every one of the neighbors, both commercial and residential who have direct sight of this property have been visited. And almost 99 percent of them have signed consent letters. Now we have 40 with zero objections. And that includes commercial and residential. A couple of final points that were raised last time, and the number one issue was we talked about was the parking spaces.There was an issue about the number of parking spaces. I thought that would be resolved. And the honorable members of the Planning Department wrote that the parking does not meet ADA or Zoning Ordinance standards. Really, I mean, part of the site right here,that concrete pad, all of it contains the handicap ramp,everything is brightly painted blue,white, everything handicap compliant because the site holds a lottery license. In order to get the lottery license, I think every year people are visited by a representative of the State of Virginia to make sure that you are constantly in compliance with all the ADA standards. The other point that I think we might have in mind was the gap of the distance of the parking spaces. Lynnhaven Mall across the street has, I actually measured it twice to make sure I came and spoke to you guys,they have exactly the same size parking spaces as I do. If that is good enough for them then why not for the little guy? Now,this lot, back in March, was resealed and restriped, and stuff but we didn't realize we wanted to do it again. We didn't like the results of it,so as of right now, it has been about two weeks ago, it was seal coated again and is awaiting striping. You can see a little bit of the shadow of the old multiple layers of the pin striping there. So,that was one of the points.The other thing about this area being predominately that retail oriented. Yes and no. Two doors down,there is a car lot in operation since late 1990s,and the City's existing facility, if I am not mistaken, since 1970s. It has been an automotive repair facility too. So,that gentleman added on from a repair facility to a car lot, and to this day,to the best of my knowledge, up to yesterday he was still in operation. He has the same maximum Item tID1 Muhammad Rabbani Page 2 cars allowed for sale on the lot at 12. However, the point to be noted here is that lot right here (pointing to PowerPoint), look at the size of the lot. Look at the frontage and look at this. So,this gentleman was granted a permit judging the size of the lot, the location,why not us? Now,we got our own usage, as signed,dated,telephone number and the address letters from the commercial and residential neighbors. A proposed 12 car lot will not add any significant traffic. The other point raised on this report by the honorable members of the Planning Department,was conflict of interest because of the store or the facility being operated by a tenantt.Well, let me explain this to you. We have a lease. It can be provided if needed. We are clearly highlighted to our tenant. This lease or this,this, and this for sole use of the landlord. It clearly states in order to prevent any future conflict. We had thought about that so we had put it in writing. And color coded it just in case there were any future issues. We maintain complete right of access and use of our facility inside and outside of that existing structure with no exceptions. Now, I have been part or that community for like I said,for about 17 years. I've lived in Virginia Beach and I have enjoyed every second of it. I've spent most of my adult life here. I came here and I started with nothing. It has have been a journey for me buying my first house, starting a business and then owning your first commercial real estate. So, I have been blessed, the community that I have been a part of for the last 17 years has been great to us,this is why before we even did anything we canvased the neighbors especially those around us,that includes all the commercial neighbors that directly see us, print shop,all these neighbors right here,and these,to make sure that none of them had any objections. If somebody had anything to say, we reached out to them. So, I believe, as of right now, I heard of no opposition. Is there any opposition Mr.Sanders? Jonathan Sanders: No sir. Muhammad Rabbani: I know that time is precious and I'm not going to drag it any longer. We have done our due diligence. We took our time. We worked with the wonderful staff right here with Mr. Sanders and company. Now,the City asks for particular stuff. Yes,you have a right to ask for that. We sat down. We had multiple meetings. Right now, don't look at it from what it looks now. Think of it as how it will look. This mess right here is an old dilapidated fence. It will come down, as we have proposed and agreed. We will take it out. It will move further back like, I think,one of you gentleman suggested last time, I believe that it was Mr. Redmond suggested that the fence might equal the building in the back. That had been done. We agreed to it. The other proposal that the City Staff asked for was the proper screening. That's done.The trash container on the other side needs to have fence around it. Some of the bushes are as tall as 10 feet or 15 feet. The same goes on that side. From this end all the way continuously it is fenced. Bob Thornton: You're time is up, so wrap up. Muhammad Rabbani: Okay. So,all of the other things that the City has asked for,no signage, has been agreed to. All screening, landscaping, including landscaping the entire frontage of the side facing South Lynnhaven Road has been done. Once again, I thank you guys for your time. I appreciate it. If there are any questions, I'll be glad to answer them. The building, I have been made aware by the Planning Department that it mayor may not meet the regulations. I am willing to take that chance when they come in. Bob Thornton: Does anybody have any questions of Mr. Rabbani? Item UUD1 Muhammad Rabbani Page 3 Ronald Ripley: I've got a question. The conflict seems to be or part of the conflict is the convenience and gas and car sales all in one spot. And then the car sales doesn't seem to have a bathroom associated with it, and it appears to be more temporary than a real permanent place business now. Can you talk about it? Muhammad Rabbani: Yes. Two parts to your question, number one is the rest room access.We maintain unrestricted access to the store premises.There is an ADA compliant restroom in there, which will be open to our potential clients. And,yes,you are looking, and to answer your comment to your request but you are looking at as of it right now, as it looks non-permanent, but we are trying to make it into a permanent facility because of the all the upgrades and everything as for the Planning Department about the building,the structure,electrical and all of that. We'll make it into a permanent structure. Ronald Ripley: What would this permanent structure look like? It looks like it is temporary. Muhammad Rabbani: A permanent structure.You're asking for construction. Ronald Ripley: We have seen a lot of automobile dealers come in with real nice facilities, and this doesn't seem to reach the same mark at all,and so, I'm just putting that out as part of the issue, and so I'm asking you to address what it looks like.And it sounds like your answering with some "Is" and that it may be more temporary than permanent depending on the boundary. You've separate businesses and they are all kind of inter-twined. I think that is part of the push back and part of the push back is also the mixture of these uses seem to conflict. It is not really clear how this stuff can be effective and how it is really going to look to the public. So that is part what we are doing here. Muhammad Rabbani: We have a drawing.That would be how it would look like, but again,you're not talking about Beach Ford, I believe an BY1 acre facility plus or minus. This is a small facility. Ronald Ripley: It is smaller but more substantial that what we are looking at here. This appears to be temporary. Somebody is asking for a temporary use. It is almost like a temporary parking lot that you see down at the Beach. That is the way I see it. Jeff Hodgson: Hey Ron? Would it really make a difference and this is something that you can start us down the path on, and I don't know if this would make a difference to anybody but if you got rid of the shed completely, and you leased a few square feet back from your own tenant inside that facility, and that is where you hung your keys for your cars and you have your bathroom. I don't know if that would make a difference. Ronald Ripley: You still got the mixture of uses.And if I understand your staff, I'm trying to listen to what their concerns were that was a concern. Jeff Hodgson: But I will say and I remember the one off of South Plaza where they did fuel sales and they were getting automobiles sales, and they do sell snacks inside. Muhammad Rabbani: Yes,South Plaza and Rosemont. Jeff Hodgson: Okay,there was and he's right. Item#D1 Muhammad Rabbani Page 4 Ronald Ripley: Did he operate out of one building? Jeff Hodgson: Yeah. Ronald Ripley: He operated it all. Jeff Hodgson : One building, so granted he's got a lot more snacks and drinks and all the other stuff with the convenience store but where's the line of having a rack of peanuts versus having a full convenience store. Bob Thornton: David? David Weiner: I want to piggyback on both of these lots. This is not the proper land use for this area. That is what I am having a hard time thinking about, also with the multiple uses in one lot. Bob Thornton: I have a question for you. Do you actually run the Valero? Is that your business? Muhammad Rabbani: No. It is leased out. Bob Thornton: You're the landlord? Muhammad Rabbani: Yes sir. Bob Thornton: And you have a tenant there. And the tenant in there is perfectly comfortable with having you sell cars on the front part of the lot? Muhammad Rabbani: Yes sir. When the lease was done with them it was clearly explained to them that this is what you're looking at. This is what you got, and this what we mayor may not intend to do. Bob Thornton: That doesn't mean they think it is a good idea but it is legally what they have to agree to. Muhammad Rabbani: They seem to have no objections. We have a very long standing relationship with them. Bob Thornton: Okay. Muhammad Rabbani:We have a great working relationship with them and their partners for a significant amount of years. Bob Thornton: Are there any other questions? Jack? Jack Wall: Mr. Rabbani, I admire your past experience and getting general support for this application. I've got a couple of questions. One is maintenance of vehicles. Typically we've seen some of these car lots that they have onsite cleaning of the vehicles or they are just doing general maintenance. How would you intend to do maintenance if it was approved? Item RD]. Muhammad Rabbani Page 5 Muhammad Rabbani: If it was approved, it can be made part of the conditions. No maintenance will be done on the car lot. I'm not opening up a mechanic shop. I don't have time for that. I am not trying to run a Pick and Pull or a repair facility. Vehicles will be presented there. There is already an agreement of no signage, none whatsoever. No kind of repair won't happen on that premise because at the end of the day, ladies and gentleman,this is kind of my retirement. I'm looking forward to that time. This is an income generator site for me for a very long time to come. Why would I want to be on a bad terms with my own tenant that is paying rent on time. The last thing I need is an angry tenant.The last thing I need is a neighbor that says you have broke down cars. I see you turning wrenches. Now, look at me. I don't turn wrenches. That is beyond me. But I can assure you that you guys can eliminate the fears of me running a repair facility out of it. I will be more than happy to have a lien inserted in it that says this is not a repair facility. No repairs on motor vehicles or any kind will occur on the site. Bob Thornton: Where would you do that? Muhammad Rabbani: Pardon me? Bob Thornton: Where would wash and detail because if you take in a used car,you will have to do something to it. Muhammad Rabbani: Yes. Most vehicles we buy from the auctions,they do not transport the vehicles themselves. Repairs, I can tell you that within two miles of this site,there are four or five different vehicle repair facilities,as far as the detailing, and stuff, and most of it can be done off site. Most detailers,yes, they are mobile but within about two miles, Holland and Lynnhaven Parkway. There is a Car Spa. Right beside it,two doors down,there is another full service detailed facility. In fact, I believe, one of them will actually drop your car off and give you a ride back and forth.So there are plenty of options.That is something. Bob Thornton: One of the things we are dealing with is that Staff made a recommendation that we turn this down so there are no conditions in this. There are no conditions to say yes that we will go along with this subject to these conditions held. There are no conditions. So one of the things that we have to talk about when we close the public hearing is if we were inclined to go along with this we've got to come up with a whole bunch of conditions because we don' t have any. Muhammad Rabbani: Okay. Bob Thornton: None in here. I just want to make everybody aware of that and so the next thing we need to do is decide amongst ourselves where we are going with this and if there is an inclination to grant his, we've got to take time out and condition it. Seriously condition it. Muhammad Rabbani: Okay. Bob Thornton: Because many of the car lots that we see in the City, no matter what the applicants says they are going to do, they end up doing way more. More cars, more work, more repairs, and some cases, more junk. So,anyway, I just wanted to throw that out to my colleagues. Jack? Muhammad Rabbani: I perfectly understand your concerns but again,just a point to be made. I can't be blamed for Mr. Weiner's actions. I can't be held accountable how Jan's yard looks. It is mine. I own Item 401 Muhammad Rabbani Page 6 it. It took seven years of my life to get to a point where I was able to buy it. I worked. This was my first job. I worked at this place in 2000 as a cashier. And then I acquired it in 2006. It was in bankruptcy. Bob Thornton: I don't want to stop you but we have to discuss this amongst ourselves. I think if anybody has any more questions for you. Jack? Jack Wall: How big is the stacking of the vehicles? I counted the number of spaces there and they don't support the number of vehicles that are listed. It is not the location of vehicles but it is the number of spaces that are provided there,and it does not equal the vehicles. Muhammad Rabbani: This is a very old picture. The parking lot can actually hold 37 vehicle parking spaces. 37 marked parking spaces. Jack Wall: That is understood. It is actually just the area that is denoted for the car lot. If we did approve it,the area would be subject to the small corner,the smaller area, toward the southern part of the lot and that doesn't appear to be the number of spaces that is listed in here. Muhammad Rabbani: We did the measurement,the minimal required. We're asking for 12 but it can easily hold 15 to 16 cars. Jack Wall: I'm just talking about the spaces. The number I read and having to look at it,and make a certain area specific to the site if we did approve, it would be in the southern corner and that corner only has I think eight spaces. Muhammad Rabbani: Actually it is being restriped. This can easily hold easily about 15 cars and on this end, it leaves another, which is outside the proposed car lot area, another 4 spaces. Jack Wall: I count about 10, I guess that is open. Muhammad Rabbani: What is the date if you don't mind asking on that aerial, which ever one you are using? This is a very old one. Bob Thornton: Basically,the plan that is in this application takes your area. It doesn't matter how many you can put there,they have said in there that you can only put 12. I don't think we can put a 100 there. All you're talking about is 12. Muhammad Rabbani: Yes sir. Bob Thornton: I think we can limit whatever happens there to 12 because that is what you asked for. So, I would get to the debate with the members of the Commission. Are you good with that? Thank you. Have a seat. If we need you we will get you back. Muhammad Rabbani: Thank you kindly. I really appreciate your time. Bob Thornton: You're welcome. Are there any other speakers? Item#D1 Muhammad Rabbani Page 7 Jan Rucinski: No. Bob Thornton: We will close the public hearing. I don't think we've done that yet. We will now close the public hearing and open it up for discussion. Who wants to speak?Who wants to make a motion? Who wants to ask a question? Dee? Dee Oliver: Go ahead Mike. Mike Inman: I think the biggest problem we have is it'scontrary to the Comprehensive Plan. We passed the Comprehensive Plan, we worked on it. We should respect it. The Comprehensive Plan recommends the area West of Lynnhaven Parkway provide corporate office, retail or comparable commercial uses, particularly in a high visibility sites such as this. I think it crosses the line if we do not intend to go over the Comprehensive Plan. Bob Thornton: Excuse me Ron? Ronald Ripley: I'm not particular emamored about the use and the quality of the proposal part is the building. On the other hand, I'm very impressed with the applicant because he really wants to make a go out of it here and we want commerce to flourish in the City for sure,and that has to be commended. If it was a better quality application, I think I would try to find a way to work with it. I think it would make a difference in their final recommendation and evaluation. But the fact that it intermingles with these two buildings and you have to go and use the restroom in that building. That looks like it is put out there, it looks like one of the sheds that you might buy off a lot and stick out there,and as he indicated he'll nail it down. I would rather see if you're going to do this, give us a substantial building that is capatible to what's there. It looks more like a retail environmental versus sort of hap hazard. I think that is what I can't continue to get by. I think, like you said, if the condition to consider, it would need a whole bunch of conditions which we haven't even addressed, so I am kind of on the fence here. Bob Thornton: Dee? Dee Oliver: I was just going to reiterate what Mike and David said.There is a reason why we have the Comprehensive Plan. We wrote the Comprehensive Plan,the Staff was advised by the Comprehensive Plan. He would like to have a mixed use type of business,that is not what this area calls for,and if we don't abide by what we are designing for our City, and how we want that to look like today and 20 years down the road,we're not using it.We're not doing what we as Planners are supposed to be doing and as much as I would like to see him do well, I just don't think this type of mixed use convenience store, used cars sales, condo business. I don't want to set a precedent for that to begin with.That everybody thinks they have enough acreage to start doing that. And then we don't follow the Comprehensive Plan on where we want something like this to go. We're going to start tripping over ourselves in a lot of ways. I've got to support staff on this completely. Bob Thornton: Jeff? Jeff Hodgson: As it stands, I can't support the application If he is able to incorporate his office somehow inside the existing building and we put maybe some time limit on this like they do a lot of others, whether it is five years because he is not going to have to do real improvements to the property, so if Item#D1 Muhammad Rabbani Page 8 you had him come back in five years, or whatever the number of years that we think would fit in case this area, I could probably get more behind this but it would take those type of changes for me to be able to. Bob Thornton: Dave first then Jack. Dave Redmond: I couldn't. I just think these uses are in conflict with one another. It is one too many uses on this site. The example we site at S. Plaza and Rosemont Road, I just remember that being a headache. The fellow would come in here with various uses and cars spilled out into the street, and there was a trailer parked in the back of it. There is too much stuff on this site. There is just too much activity on one site. And I think maybe as Bob or Jack or who to ask, how do you service vehicles on the lot? How do you wash them? Vacuum them? There is lot going on here and I can't see if you stuck in the same building how that is really going to work. They are just not going to play well together. I just don't think you can put the pieces together and have it work, so I'm not serving that as a gas station. Bob Thornton: Jack. Jack Wall: One thing I like is the continuity of decisions among the Planning Commission. I'm not sure if the approvals when it was a special economic growth area, when Section 2 was in place. I am not sure even staff can answer that. Staff's recommendation was to deny that previously. I don't think it necessarily complied with their conditions. I don't like the aesthetics. So, I like the continuity of decisions but I don't necessarily like that being there currently. I don't think it matches with the Comprehensive Plan currently as part of the Specil Economic Growth Area, so, my one concern is the continuity of decisions but I don't necessarily like the form that it is in. Bob Thornton: I want to finish this up if I may? When he was here in February,we were uncomfortable with this.So we sent him back to the drawing board to meet with the Staff and put some time back in it. And the Staff is still not comfortable. So,as far as I am concerned, nothing has been done to make it better than it was in February. I think the Staff has done an admirable job in working with this person and trying to get it to the point where they could bring it to us with a recommendation and I commend them because most of the time they bring to us recommendations with conditions that make it a better application. In this case,they brought forth no conditions to make this a better application,which indicates they are certainly not in favor of it. So,to support these folks that work for us, I'm agreeing with most of the guys. I need a motion. Dave? Dave Redmond: I move for denial of the application. Bob Thornton: Do I have a second? David Weiner: I'll second it. Bob Thornton:Two Daves. Dave moved and David second it. Thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE Item#D1 Muhammad Rabbani Page 9 HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,the Commission has denied the application of Muhammad Rabbani. Bob Thornton: Is there any further business? Hearing none, on behalf of my fellow Commissioners, I would like to thank everyone for attending today, and thank the Planning Director and his Staff for their work in preparing for today's agenda. The meeting is adjourned. Ed Weeden: Don Horsley was absent from the vote. . i h LIT J 1 ; rz 1..(197/ fro I to . ci fj: /I /i 1111 g N L m,/ f. ii r` _f/ 2 ,-/"/ IMMO ' CNI '' // Ail I I COCa ,---_,,_____________,===---=----- _______AI*14, .‘,.„ i CP 'a J ca . ! II totj1 l 11 r/ fLJ1_L,— --i r- 1 •'� '� th rI re, 1 i i 1 I 1 LIQ a r,1 1. � � �`-moi I. S `� i it -E±3 ---1,11_-_,_3 '----t, 't.' , o \-3 _____, ____, ___. ci. ., . _______ __ t — 4 �� iiJi = ___ __� lry( _ ` _-- -__ - _ iiILa! �--�� j 3 __ n. yL- J CITY OF VI{{\RGIIN))IA BEACH AGENDA ITEM ITEM: DAVID C. BROSIUS [Applicant] NELL TURNER [Property Owner] Conditional Use Permits (Automobile Repair Garage, Motor Vehicle Sales & Service, Bulk Storage Yard) 73 S. First Colonial Road (GPIN 2407748915). COUNCIL DISTRICT— BEACH MEETING DATE: July 18, 2017 • Background: An automobile repair business with a storage area for vehicles has operated on this site for many years. During the applicant's process of applying for a dealership license with the Department of Motor Vehicles, the applicant was made aware of the requirement of a Conditional Use Permit for Motor Vehicle Sales and Rental. Staffs research revealed that Conditional Use Permits have never been granted for either the Automobile Repair Garage or for the Bulk Storage Yard. The applicant proposes to display up to four vehicles for sale on the site, behind the repair shop building. The majority of these vehicles for sale will be a result of customers' abandonment of their cars and failure to pay after completion of repairs. The bulk storage yard is proposed in the rear of the site for the storage of towed vehicles. • Considerations: The existing auto-related uses have been operating on this site for several decades with no incident. Given the predominance of auto-centric uses in the immediate vicinity, the request to display only four cars for sale on the site is acceptable. Deviations to both the required Category VI buffer surrounding the entire storage yard and to the display area landscaping requirements are sought with this request. There is an existing stand of trees and mature vegetation along the northern and western property lines that assists in screening the property from the adjacent residential area to the west. The Planning Commission modified Condition 14 to allow the use of barbed wire for the storage area, if required by the Police Department, and struck Condition 15, as it is addressed in the revised Condition 14. 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 passed a motion to recommend approval of this request by a vote of 11-0. David C. Brosius Page 2 of 3 1. A separate permit from the Planning and Community Development Department / Zoning Office is required for any new signage installed on the site. 2. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of any window or on the building. 3. There shall be no banners, decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site or on any of the vehicles on the property. 4. No outside storage or display of equipment, parts, or materials shall be permitted. 5. No tires, merchandise, or parts for sale shall be displayed outside. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted, with the exception of wrecked vehicles as noted in Condition 7 below. 7. Any vehicle towed to the bulk storage yard shall be operable, with the exception of wrecked vehicles towed to the site.A determination of operability of a wrecked vehicle shall be made with five (5) business days of arrival at the site. Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis of no more than 90 days per vehicle, within the depicted Bulk Storage Yard. No such vehicle shall be permitted to be stored elsewhere on the site. 8. All motor vehicle repair work shall be performed inside the building. 9. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 10.There will be no more than four (4) vehicles displayed for sale on the site. The vehicles will be parked in the area designated "Vehicle Display Area." 11.No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way or within the first five (5)feet abutting the public rights- of-way. 12.The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 13.AII lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. David C. Brosius Page 3 of 3 The deviation to the required Category VI is approved for the bulk storage area, as described herein. Existing and supplemental plant material, along both the northern, western and southern property lines, shall be maintained where it exists and shall be installed where needed in order to provide an equal or greater amount of screening required by a Category VI buffer, so as to screen the uses on the site from the adiacent properties. The existing chain link fence along the southern property line and eastern portion of the bulk storage area shall be permitted to remain until such time as the fence is replaced. When said fence is replaced, it shall be replaced with a minimum six-foot high solid fence, other than the entry gate, which is permitted to remain chain link. Barbed wire shall be prohibited, unless otherwise required by the Police Department for the storage of towed vehicles. (1) foot on cantor and a minimum hoight of throe (3) to four (1) foot at the timo 16.Vehicles in the Bulk Storage Yard shall be parked in an orderly fashion. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• . • gency: Planning Department apah City Manager. Applicant David C. BrosiusvB Agenda Item Property Owner Nell Turner Public Hearing June 14, 2017 City Council Election District Beach 3 Virginia Beach Request tot"'"_ 264 3 d o v Conditional Use Permit (Automobile Repair • ,,.,,‘.1.eaoa ; Garage, Motor Vehicles Sales and Rental, and ' Bulk Storage Yard) m Wisconsin Avenue = c n 264 1RrginiF.% d C Staff Recommendation z �arc = o Approval 0 A 3Hitr oOhio Avenue >75dB DNL .I NUMMI Indiana Avenue Staff Planner EgoDriven �+Robert Davis Streamline Oriva New York Avenue m Southern B 0 Location Porter s.oau i. 73 S. First Colonial Road z G PIN =- 2407748915 Site Size 1.48 acres AICUZ Greater than 75 dB DNL; APZ 1 Watershed Chesapeake Bay rilliExisting Land Use and Zoning District '� ».ti� �(��, - Automobile repair establishment and bulk ' '' r '' ° -.r 1' storage yard/B-2 Community Business "'t4Ii_ l- ,r .., r i r Lr)M t r Surrounding Land Uses and Zoning Districts • " )' $ . .., North .i-,,. t,.'47 . . j- +- s, Office warehouse/B-2 Community Business it, f ; ' If! r ; .."--r `""� Southrip (' ''-,t Verizon facilitymaintenance �' • �� ` - t '" a ntenance yard/ B 2 • r t Community Business L.`'' is -ji• ..14u. . * 1 •�'.: East t r _ ,,t-Tik(m,.. . First Colonial Road • -• I iv - - r..' ' • • , Automobile repair establishment/B-2 • , k -e �4 r - Pr'rC ?"''''Alkiartigil Community Business West Single-family dwellings/R-7.5 Residential David C. Brosius Agenda Item 3 Page 1 Background and Summary of Proposal • An automobile repair business with a storage area for vehicles has operated on this site for many years. • During the applicant's process of applying for a dealership license with the Department of Motor Vehicles,the applicant was made aware of the requirement of a Conditional Use Permit for Motor Vehicle Sales and Rental. Based on this information,a Conditional Use Permit request was submitted. • The applicant proposes to display up to four vehicles for sale on the site.The majority of these vehicles will be a result of customers' abandonment of their cars and failure to pay after completion of repairs. • The bulk storage yard is enclosed with both a chain link fence topped with barbed wire and a solid wood fence. There is an existing stand of trees and mature vegetation along the northern and western property lines that assists in screening the property from the adjacent residential area to the west. There are no changes proposed to the exterior of the building with this application. • Section 228 of the City Zoning Ordinance requires that Bulk Storage Yards be enclosed with Category VI screening, which consists of a privacy fence and landscaping. The screening on the site to the north and west generally meets these requirements;the chain-link fence along the south property line does not. The applicant is requesting that a deviation to the Category VI screening requirement along the south property line for the lack of a privacy fence and along the north and west property lines for the planting requirement. • The City of Virginia Beach Landscaping Guide requires that auto sales display areas have a minimum of 12% of the designated area accessible to the public have interior landscaping. In this instance,the approximately 400 square-foot display area requires 48 square feet of plantings. The applicant is requesting a deviation to this requirement. 1 gni" I" Zoning History " # Request :, >75 dBala p-� 1 CUP(Bulk Storage Yard)Approved 08/13/2013 • Z1 L_ —� 1 �_` i F CUP(Automobile Repair Establishment)Approved 04/10/1989 0101 f �;` '< ,�� 2 APZ CUP(Automobile Repair Garage and Automobile Sales Facility)Approved 07/20/2016 ,�� _ �'2 �� \V 3 APZ CUP(Small Engine Repair)Approved 11/15/2012 :rte L I APZ CUP(Automobile Repair Garage)Approved B.2 i 11/07/2011 B APZ CUP(Automobile Repair Garage)Approved -� u -� i. 09/01/2010 �.i 17i ew .5:�i_ -- -_ 4 CUP(Motor Vehicle Sales)Approved 09/28/1999 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 David C. Brosius Agenda Item 3 Page 2 Comprehensive Plan Recommendations This property is located in the Hilltop Strategic Growth Area. The Hilltop Area is recognized as an area for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and 1-264 interchange (p. 1-47). More specifically, the Hilltop SGA Master Plan identifies this site within the Southern Greenway and Innovation Zone. Applicable principles are opportunities to create a greenway along City-owned right-of way with multi-use paths,the possible extension of Ego Drive through to First Colonial Road to serve as a local street, and the opportunity to locate flex-space buildings and office uses that are compatible with APZ-1 and Clear Zone Master Plan and AICUZ. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is developed and is almost entirely impervious, there does not appear to be any significant environmental or cultural resources present. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed requests for Conditional Use Permits for an Automobile Repair Garage, Motor Vehicles Sales and Rental, and a Bulk Storage Yard are, in Staff's opinion, an acceptable use given the predominance of auto-centric uses in the immediate vicinity. Automobile-oriented uses are typically discouraged in the Strategic Growth Areas; however,this site is located in the APZ-1 and in the greater than 75 dB noise zone. As set forth in Article 18 of the City Zoning Ordinance, automotive-related uses are one of the few compatible uses in the heavily impacted AICUZ areas. A majority of the storage area to the rear of the building exists as a gravel parking area. An expansion of this gravel area is proposed, and a waiver from the Building Official's Office will be pursued. As previously stated, a Bulk Storage Yard is required to be enclosed with Category VI screening, which consists of a six foot high, solid fence and evergreen plants. The existing fence and vegetated area on the northern and western portions of the property adjacent to several dwellings generally meet these requirements; however,the chain-link fence along the southern property line and eastern portion of the site does not. Additionally,the applicant is requesting a deviation to the requirement that 12%of the display area have interior landscaping. Staff supports both of the requested deviations through the provision of Section 221 (i) of the Zoning Ordinance,given the automobile-centric nature of the surrounding area,the existing mature vegetation on the site,the small size of the vehicle display area and the distance of the storage yard from First Colonial Road. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. David C. Brosius Agenda Item 3 Page 3 Recommended Conditions 1. A separate permit from the Planning and Community Development Department/Zoning Office is required for any new signage installed on the site. 2. There shall be no signs in excess of four(4) square feet installed or displayed on the exterior or interior of any window or on the building. 3. There shall be no banners, decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site or on any of the vehicles on the property. 4. No outside storage or display of equipment, parts, or materials shall be permitted. 5. No tires, merchandise, or parts for sale shall be displayed outside. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted,with the exception of wrecked vehicles as noted in Condition 7 below. 7. Any vehicle towed to the bulk storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made with five (5) business days of arrival at the site. Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis of no more than 90 days per vehicle, within the depicted Bulk Storage Yard. No such vehicle shall be permitted to be stored elsewhere on the site. 8. All motor vehicle repair work shall be performed inside the building. 9. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 10. There will be no more than four(4)vehicles displayed for sale on the site.The vehicles will be parked in the area designated "Vehicle Display Area." 11. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way or within the first five (5)feet abutting the public rights-of-way. 12. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 13. All lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. 14. •- :- - . - e- - . . •••- - -- _ _ .. .. -- - _ - - . . :•.:• . _• . • .. -• - _ • . . _ . .The deviation to the required Category VI is approved for the bulk storage area, as described herein. Existing and supplemental plant material, along both the northern, western and southern property lines, shall be maintained where it exists and shall be installed where needed in order to provide an equal or greater amount of screening required by a Category IV buffer, so as to screen the uses on the site from the adjacent properties. The existing chain link fence along the southern property line and eastern portion of the bulk storage area shall be permitted to remain until such time as the fence is replaced. When said fence is replaced, it shall be replaced with a minimum six-foot high solid fence, David C. Brosius Agenda Item 3 Paee 4 other than the entry gate, which is permitted to remain chain link. Barbed wire shall be prohibited, unless otherwise required by the Police Department for the storage of towed vehicles. minimum height of three(3)to four (44 feet at the time of installation midway along the fence line, as depicted on the exhibit on page 5 of this report entitled, `Proposed Site Layout and Landscape Layout." If at any time the ming 15. Vehicles in the Bulk Storage Yard shall be parked in an orderly fashion. 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. a 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. David C. Brosius Agenda Item 3 Page 5 Proposed Site & Landscape Layouts gala ».os \rle 7* It Bulk Storage Area Parking Areas Vehicle Disp ay Area • .I« ,I. "n" 221.112 2611, Maintain a six-foot solid fence and existing landscaping,411 Q Install supplement landscaping 73, Bulk Storage Area Maintain a six-foot chain link fence len David C. Brosius Agenda Item 3 Page 6 Site Photos . .........):1 loirmiii ii an r-- gill gi MARTIN 5 ,.,,, so NMI u el II p s t• '- — y-3 . y: -i, n .f - ft. Cis R;.w rr ia. ..vend P ming- i •-� tip GraPNCb .1. ,... Body Work• °C •. x•11 •ti It 4 AM, qs. l 01.111. ` • 4" i • •:F:-.1 _11 1 „. 1 I JrA _IMPOr • 1_ N.' - .'_M u L GP� • `, rr:t. David C. Brosius Agenda Item 3 Page 7 Site Photos • 00.1111 • • • • f • David C. Brosius Agenda Item 3 Page 8 Disclosure Statement W Virginia Beach APPLICANT'S NAME David C Brosius 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 X Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE —._ Page I of 7 --- 0 7-',04--2o17 PAP Robert Davis David C. Brosius Agenda Item 3 Page 9 Disclosure Statement rY� Virginia Beach MCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation. partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:David C. Brosius 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) (8) List the businesses that have a parent subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Martin's Auto Body Works 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. Z Check here If the PROPERTY OWNER IS NOTa corporation, partnership, firm, business. or other unincorporated organization Check here if the PROPERTY OWNER Ica corporation, partnership, firm. business. or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Nell Turner If an LLC, list the member's names: Page 2 of 7 David C. Brosius Agenda Item 3 Page 10 Disclosure Statement Virginia Beach If a Corporation. list the names ofall officers, directors. members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner (Attach list if necessary) Martin's Auto Body Works I Parent-subsidiary relationship means relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act.Va. Code 5 2 2-3101 2 'Affiliated 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. Oil 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 o manage the two entities:there are common or commingled funds or assets: the business entities¶share the use of the same offices or mplyees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close narking relationship between the entities: See State and Local Government Conflkt of Interests Act. Va.codes 3.1.3101. • 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 David C. Brosius Agenda Item 3 Page 11 Disclosure Statement APPLICANT 3niath YES Mn SERVICE PROVIDER(useaddidoml sheets it needed) ® ❑ Accounting and/or preparer of Daniel W.Hargrave CPA.PC your tax return ® ( I Architect/Landscape Architect/ Robed Simon Land Planner Waterfront Consulting Inc Contract Purchaser lif other than ® the Aoolirant)- 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 Engineers/Surveyors/Agents A+W surveyors Financing (include current Chase ® ❑ 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 171 ® an interest in the subject land or any proposed development contingent on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 David C. Brosius Agenda Item 3 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement form is complete,true, and accurate. 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. _ n j l.ir C lQ2 wti T�p C BRAlo, 3)1bll7 APPnUNT'S SIGNATURE _.. PRINT NAM E DATE Page 5 of 7 David C. Brosius Agenda Item 3 Page 13 Disclosure Statement OWNER lfi�nt� YES NO SERVICE PROVIDER(use addmond sheets if needed) ® E] Accounting and/or preparer of Daniel W.Hargrave CPA,PC your tax return ® ❑ Architect/Landscape Architect/ Robert Simon Land Planner Waterfront Consulting Inc Contract Purchaser(if other ® {hap lite Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaserls)and purchaser's service providers) • ® Construction Contractors N El Engineers/Surveyors/Agents A a W Surveyors Financing (include current Chase ® ❑ 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 e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 David C. Brosius Agenda Item 3 Page 14 Disclosure Statement W Virginia Beech 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. ✓/in, I J./4 m�,, Neill i. I :tor,:it- _J-L7-17 �PP Rry OWNER'S SIGNATURE PRINT NAME DATE • _. _. -- Page 7 of 7 David C. Brosius Agenda Item 3 Page 15 Item 43 David C. Brosius Conditional Use Permit Motor Vehicle Sales& Rental,Automobile Repair Garage& Bulk Storage 73. S. First Colonial Road District 6 Beach June 14, 2017 REGULAR Bob Thornton: I would like to ask the Secretary to call the first item please. Jan Rucinski: Applicant number 3 David C. Brosius. An application for a Conditional Use Permit, Motor Vehicle Sales& Rental,Automobile Repair Garage, and Bulk Storage on property located at 73 South First Colonial Road, District 6, Beach. Do we have a representative here? If you can come forward,and please state your name for the record? David Brosius: I'm David Carl Brosius. Owner of Martin Auto Body Works. Jan Rucinski: Okay. If you can explain your application? David Brosius: I came to put up a new building and they told me that I wasn't zoned for an auto body shop on that property or bulk storage and I'm going through this process. And I've been here since 1978 and the business has been there since 1959,family owned it. Jan Rucinski: Okay. Does anyone have any questions? David Brosius: I was at the hearing this morning, and I heard everything that you want me to do. Keep the grass maintained and trim the trees. And I agree to all that. Someone mentioned about the privacy fence on the southeast corner, I think it was. I could put up a 50 foot privacy fence there if they need it. I'm willing to do that. And,they also want me to plant some trees between the warehouses. I much rather, if you would, maybe putting up a 12-foot privacy fence instead of planting trees. It would take longer for the trees to grow than me putting up a fence. And that is just to the warehouses where the people can't see, I already got a solid fence there. It is only a chain link fence which the City requires because I tow vehicles for the City of Virginia Beach Police and they require a chain link fence with barbed wire on the top. I got that and the privacy fence on that side and across the back. Bob Thornton: Dee? Dee Oliver: Show me the trees. I just want to make sure. Are they on the north side? There is a pointer right there. David Brosius: This is where you're talking about putting trees and it is between two warehouses. Then there are trees all the way long here and all the way down here, and this is a chain link fence. This is all Verizon parking lot,and they have put more of these trailers over here now. They are really filling the place in. I don't know why. And this is all green. This is all green right up to there. Trees, shrubs. This is where I would like to build the 12-foot privacy fence instead of putting trees there. Item#3 David C. Brosius Page 2 Dee Oliver:What is up there right now? Is there a privacy fence? David Brosius: It is a privacy fence with a chain link fence. Chain link runs all the way around the property. All the way,there is a gate right here,all the way around, down here,and all the way up to here. It is all chain link. And what I did, I made privacy inside that chain link all the way. Bob Thornton: Jeff? Jeff Hodgson: I go two quick questions. I think one of the concerns and I just want to make sure you're aware of it. One of the conditions, number 7, it says"Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis no more than 90 days per vehicle". And we're looking at some of the photos and it seemed like it was obvious that some of them had been there for quite some time. David Brosius: I understand that. I got rid 32 of them so far. I've got another 15 to go. Jeff Hodgson: Great.Okay. And you brought up a point that I am not sure who to ask to this to; but you said that the police require you to have barbed wire around your lot for protection of the cars he is towing, but in here we have a statement that says "at any time that the fence is replaced, barbed wire is prohibited". How do you handle that? This isn't for you. This is for Staff. Kevin Kemp: We have heard that in the past that the police do require .We have had other applications similar where they had a barbed wire fence and a privacy fence. I will say that barbed wire fence is not prohibited in an industrial district the way it is in a residential or apartment but if that is a requirement, we have in the past had a condition that he has on the northern property line where there is a privacy fence and barbed wire. Jeff Hodgson: I don't know if you need to make changes to this condition that says if he removes the fence, he can't put this back that he be required t... Kay Wilson: Mr. Hodgson,we will work that out between now and Council making sure that we know the requirements for the Police Department. Jeff Hodgson: Okay. Bob Thornton: Jack? Jack Wall: I just have one question. I think it was discussed about the landscaping and it was conditioned to infill the existing landscaping. Right now that site is very well straightened. It is very tucked away and I am glad it is being cleaned up but I'm just curious about the condition. Kevin Kemp: Yes, in the break,the Staff actually drafted a condition, if you want to look at it? It is not typed out,and I handed a copy to Chairman Thornton that believes covers this and that in the future that buffer and that screening be kept at an acceptable level. Jack Wall: Maybe I just missed ft. Item #3 David C. Brosius Page 3 Bob Thornton: I haven't read it to you yet. It is not your fault. I wanted to get the questions out of the way. Is there anything from this side? Jeff Hodgson: I was going to make a motion. Bob Thornton: Did that answer your question Jack? Jack Wall: yes sir. Bob Thornton: Let me read this you and if you are all okay with this, it will be put into the record because we didn't have chance to amend the conditions. It would supplement condition 15 and it would read as follows"the supplemental landscaping existing or proposed shall be installed and maintained to provide equal or greater screening from adjacent properties as the required Category 6 landscaping". It is almost the same as what you're reading in here now but the Zoning Administrator felt that this gave him a little more leverage just in case they found that it wasn't exactly up to code. If you're comfortable and if you would like to see it, I'll be more than happy to hand it to you. Here take this. What we want to do is substitute what's in this write up with what you have there. Is that correct Kevin? Kevin Kemp: That is correct. And the way that condition is worded just gives some flexibility to address the existing landscaping and what his intentions are if he has to replant it. It allows the City to look at that and make sure it meets the intent of the ordinance. Bob Thornton: Okay. So are you oaky with that? David Brosius: I'm okay with it. It is looking great. I think that is what you're saying. Bob Thornton: That is what we think we're saying too. Jack Wall: To maintain means keep the existing landscaping, not to take it out. David Brosius: I'm not going to take it out. I'm cleaning it all up. And I have a fence question. Can 1 build a higher fence for privacy or not? Bob Thornton: I would say. How do we deal with that? Is that part of the site plan review or do we want to condition it now? Kevin Kemp: The City has a maximum height for fence of eight feet in our ordinance, so; that would have to be buried in the request. David Brosius: So, if I do an 8-foot, I would need a variance. Bob Thornton: That is correct. Kevin Kemp: If you do an 8-foot. Item#3 David C. Brosius Page 4 David Brosius: Can I do an 8-foot fence instead of planting the trees. Bob Thornton: I think you can do that by-right. But I don't know if that would be in addition in lieu of the landscaping. We want to keep the landscaping verbage like we just gave you and you decide if you want to build a fence as long as it is your right, by-right you can build a fence. The fence may mitigate some of the need for additional landscaping but they are going to look at the landscaping ordinance to make sure you're complying with it. David Brosius: I'll put the fence up, and see what they say, I guess. Bob Thornton: Do you have any more to add Kevin? Kevin Kemp: no,as long as the fence doesn't exceed eight feet. He won't need a permit so he can install that fence. David Brosius: Okay. Thank you> Jeff Hodgson: Mr. Chairman. Bob Thornton: Yes sir. Jeff Hodgson: If there are no other questions, I would like to make a motion to approve agenda item 3. Bob Thornton: Let me ask Kay. Do we need to close the public hearing before we move on the motion? Kay Wilson: You can do so yes. Bob Thornton: We can just accept it now. Kay Wilson:You close the public hearing and then you get a motion. Bob Thornton: We declare the public hearing closed, and I would like a motion. Jeff Hodgson: We don't have any speakers against this I assume. Jan Rucinski: No. Kevin Kemp: I have just one more tiny housekeeping issue. On the condition 14 about the fence, I would suggest we add in the word "minimal" in front of that six foot fence, it would allow him to go up to 8-foot fence. Bob Thornton: So,we have a motion to approve. Make the motion and we'll get a second. Jeff Hodgson: I make a motion to approve agenda item 3 adding in the change for condition 15,which the Chairman read in and inserting the word "minimum" in front of six—foot. Item 143 David C. Brosius Page 5 Bob Thornton: Do I have a second for that? Donald Horsley: Second Bob Thornton: A second by Don Horsley. 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 3 with the amendments to conditions 14& 15. J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Virginia Beach City Council Speaker Time Limits ORDINANCES/RESOLUTIONS: Each registered speaker will have three(3) minutes to support the document or express concerns PLANNING ITEMS: Applicants, or their Representatives,will have ten (10) minutes to define the need or explain the intent plus three(3) minutes for rebuttal CITY COUNCIL ONE-DAY RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center September 12, 2017 8:30 AM to 3:30 PM