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SEPTEMBER 19, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM).SESSOMS 1R. At-Large JeQf'SNwb�Cv,/ VICE MAYOR LOUIS R JONES Bay d -()wrote 4 . . yq JESSICA P.ABBOTTK psvil D 2 O M BENJAMIN DA CARPORT,At Large t ' 2 ROBERT M.DYER Centerville D t I U 6 A S BARBARA M HENLEY,P ceAnne District 7 #447.;,,e SHANNON DS KART R Hall Donna 3 ec JOHN D MOS. At Large JOHN L UHRIN,Beach-District 6 . .o ROSEMARY WILSON Al-Large .TAMES L. WOOD,Lynnhaven-Dismal 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 1401 COURTHOUSE DRIVE CITY MANAGER DAVIDL HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYAI7ORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(957)385-4303 CITY ASSESSOR—JE]ALDU BANAGAN FAX(757)385-5669 CITY AUDIIUIR—LYNDON S.REMIAS E-MAIL Cocnct@vbgov.com CIE YCLERK RUTH HOIXZS ERASER,MMR September 19,2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING -Conference Room - 3:00 PM 1. VIRGINIA BEACH DEVELOPMENT AUTHORITY—Annual Report Dorothy Wood, Chair II. CITY MANAGER'S BRIEFINGS 1. HOMELESSNESS— Strategic Plan Andrew Friedman, Director—Housing and Neighborhood Preservation 2. OCEANFRONT FORM-BASED CODE—Draft Amendments Ashby Moss, Planning Evaluation Coordinator—Strategic Growth Area Office 3. LYNNHAVEN CORRIDOR Kathy Warren, Manager - Strategic Growth Area Office 4. CITY HALL 2020 Tom Nicholas, Facilities Engineer—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:15 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 Daniel Mackey, Pastor Princess Anne Plaza Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 5, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. Edward Brown, Vice Chair—Symphonicity Daniel Booth, Conductor— Symphonicity 2. Bishop Rudolph B. Lewis, DD - Resolution I. PUBLIC COMMENT 1. 2018 Legislative Agenda J. ORDINANCES/RESOLUTIONS 1. Resolution to make a finding re removal of a barrier to increase competition for City contracting and AUTHORIZE the City Manager to remove Prequalification Requirements for non- transportation related construction contracts between $100,000-300,000 2. Resolution to SUPPORT the request for$10-Million in FY-2018-19 and 2019-20 Virginia Department of Transportation (VDOT) Revenue Sharing funds for various road projects 3. Resolution to SUPPORT the Environmental Assessment re transitioning of the remaining F/A-18 aircraft to Naval Air Station Oceana 4. Ordinance to AUTHORIZE acquisition of the property at 505 Rodney Lane from BRADLEY and CASAUNDRA TERRY and AUTHORIZE the City Manager to execute all related documents re a new pump station DISTRICT 2 —KEMPSVILLE 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $354,598 from the Virginia Department of Juvenile Justice for the addition of nine (9) full-time positions in the Juvenile Detention Center to comply with staffing ratios re the Prison Rape Elimination Act of 2003 b. $67,750 from the Virginia Department of Criminal Justice Services to Police for equipment, overtime,travel and training re Internet Crimes Against Children c. ALLOCATE $2,000,000 in Surplus Urban Formula Funds to Centerville Turnpike Phase II Project and TRANSFER local funds of$2,000,000 to the Sandbridge Road—Nimmo Parkway Phase VII-A Project d. $62,466 from the Virginia Department of Motor Vehicles to Police with a local match re DUI Enforcement e. $52,000 from the Virginia Department of Motor Vehicles to Police with a local match re Click-It-Or-Ticket campaign f. $995,000 from the Commonwealth Transportation Board to Public Works re roadway paving and maintenance re various roads identified in the FY 2017-18 Paving Plan K. PLANNING 1. PRINCESS ANNE ESTATE TRUST & VIRGINIA BEACH FINANCIAL CENTER,INC. for Closure of a portion of Lord Dunmore Drive, at Princess Anne Road and relocated Lord Dunmore Drive DISTRICT 2—KEMPS V ILLE RECOMMENDATION: APPROVAL 2. IPA ENTERPRISES, LLC and HIGINIO R.JIMENEZ for a Conditional Use Permit re a Home Occupation—firearm sales at 929 Boughton Way DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 3. SXCW PROPERTIES II, LLC and FULTON BANK, N.A. for a Conditional Use Permit re a car wash and service station at 3264 Holland Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 4. ISHWAR, LLC for a Conditional Use Permit re motor vehicle rental at 5924 Indian River Road DISTRICT 1 —CENTERV ILLE RECOMMENDATION: APPROVAL 5. EDDRICK COREY and VALERIE CASON, ET AL for a Change of Zoning from AG-2 Agricultural to R-10 Residential at Seaboard Road and Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance(CZO): a. Section 201 re Fences or Walls: in setbacks, adjacent to sound walls and replacement of nonconforming fences b. Section 1005 re signs in Industrial Zoning Districts RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ...................... If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 9/19/17/st 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. MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL BRIEFING -Conference Room - 3:00 PM I. VIRGINIA BEACH DEVELOPMENT AUTHORITY—Annual Report Dorothy Wood, Chair II. CITY MANAGER'S BRIEFINGS 1. HOMELESSNESS—Strategic Plan Andrew Friedman, Director—Housing and Neighborhood Preservation 2. OCEANFRONT FORM-BASED CODE—Draft Amendments Ashby Moss, Planning Evaluation Coordinator— Strategic Growth Area Office 3. LYNNHAVEN CORRIDOR Kathy Warren, Manager- Strategic Growth Area Office 4. CITY HALL 2020 Tom Nicholas, Facilities Engineer—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:15 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 Daniel Mackey, Pastor Princess Anne Plaza Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 5, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. Edward Brown, Vice Chair—Symphonicity Daniel Booth, Conductor— Symphonicity 2. Bishop Rudolph B. Lewis, DD - Resolution SSG -- cy1 y0 :-•. - rr • Or OUR RESOLUTION WHEREAS: Bishop Rudolph B. Lewis is the Senior Pastor of New Light Full Gospel Baptist Church. Bishop Lewis was born September 23, 1942,in Loris,South Carolina,the ninth child of William S.and Ruth B.Lewis. His future in the ministry was inevitable in that six of his parent's ten children became Ministers. He graduated from Finklea High School and attended Howard University. It was there he received his call to serve the Lord. In May 1995, he received an Honorary Doctorate of Divinity Degree and in March 2000 an Honorary Doctorate of Law Degree from Richmond Seminary and College; WHEREAS: Bishop Lewis married the former Maurine Delores Arnold. They are blessed with four children: April Lewis Gray, Pastor Rudolph B. Lewis, Jr., Pastor Estrelda Yvette Lewis, Vicki Nichole Lewis, four grandchildren: Chela Epps (Darreo), Michael Gray, Jr. , Cameka Gray, Jermane Beckett, Jr. and eight great grandchildren. WHEREAS: For two years, Doctor Lewis served as the National Youth President of the First United Churches of Jesus Christ before becoming the Pastor of the First United Church of Jesus Christ in Portsmouth where he served fourteen years. At the same time, he also served as the President of the Interdenominational Minister's Forum, a member of the Tidewater Ministerial Conference of Norfolk and a member of the Special Day Finance Committee of Virginia Seminary and College in Lynchburg; WHEREAS: In 1979, Doctor Lewis became the Pastor of New Light Baptist Church. His purpose was to lead and guide God's people by teaching and discipleship. His leadership direction was set by example for this church became "A Church of Expanding Ministries"by developing ministries dedicated to outreach that sought to propel people toward Jesus Christ and the uplifting of His Kingdom. As a visionary, Doctor Lewis led the New Light Baptist Church family and the surrounding community to be blessed through ever increasing ministries; WHEREAS: In 1994, Pastor Lewis and New Light Baptist Church became affiliated with the Full Gospel Baptist Church Fellowship International. In November 1998, the Full Gospel Baptist Church Fellowship ordained him Bishop. He was then appointed Bishop over the Full Gospel Baptist Church Fellowship Covenant Partners Ministry. Bishop Lewis'first book, "Godly Principles and Grace", was released in May 1996. His personal ministry, "This is the Day" was his first ministry crusade and was held in Johannesburg, Africa, in February 2006. He has preached in Israel as well as in thirteen African countries,at the Lott Carey Convention and the National Baptist Convention. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to acknowledge Bishop Rudolph B. Lewis'dedication, awesome leadership and untiring service to the world, this community and to the parishioners of his Church and wishes Bishop Lewis a very HAPPY BIRTHDAY on September Twenty-third, Two Thousand Seventeen. The Mayor and Members of City Council hereby ordain that this Resolution shall be recorded in the proceedings of this Formal Session of City Council on the Nineteenth day of September, Two Thousand Seventeen. Coun 'caP.)66ott C [manBen(Davenport C.un . :.6"(Dyer • y Barham If Council y Shannon ne Co •n n(D.'foss C (man John E.Vhnn Council-Lady 9psema '(son Cou lames L.'Wood i d I� /L/�`7i/ ce JfayorLou I• Jones 9.1ayor'Wilham D."4`t`i'rSessoms,Jr I. PUBLIC COMMENT 1. 2018 Legislative Agenda J. ORDINANCES/RESOLUTIONS 1. Resolution to make a finding re removal of a barrier to increase competition for City contracting and AUTHORIZE the City Manager to remove Prequalification Requirements for non- transportation related construction contracts between $100,000-300,000 2. Resolution to SUPPORT the request for$10-Million in FY- 2018-19 and 2019-20 Virginia Department of Transportation (VDOT) Revenue Sharing funds for various road projects 3. Resolution to SUPPORT the Environmental Assessment re transitioning of the remaining F/A-18 aircraft to Naval Air Station Oceana 4. Ordinance to AUTHORIZE acquisition of the property at 505 Rodney Lane from BRADLEY and CASAUNDRA TERRY and AUTHORIZE the City Manager to execute all related documents re a new pump station DISTRICT 2—KEMPSVILLE 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $354,598 from the Virginia Department of Juvenile Justice for the addition of nine (9) full-time positions in the Juvenile Detention Center to comply with staffing ratios re the Prison Rape Elimination Act of 2003 b. $67,750 from the Virginia Department of Criminal Justice Services to Police for equipment, overtime,travel and training re Internet Crimes Against Children c. ALLOCATE $2,000,000 in Surplus Urban Formula Funds to Centerville Turnpike Phase II Project and TRANSFER local funds of$2,000,000 to the Sandbridge Road—Nimmo Parkway Phase VII-A Project d. $62,466 from the Virginia Department of Motor Vehicles to Police with a local match re DUI Enforcement e. $52,000 from the Virginia Department of Motor Vehicles to Police with a local match re Click-It-Or-Ticket campaign f. $995,000 from the Commonwealth Transportation Board to Public Works re roadway paving and maintenance re various roads identified in the FY 2017-18 Paving Plan It: [ 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Make a Finding Regarding the Removal of a Barrier to City Contracting and to Direct the City Manager to Remove the Prequalification Requirement for Nontransportation Construction Contracts between $100,000 and $300,000 MEETING DATE: September 19, 2017 • Background: State law currently mandates that the City require bid, payment, and performance bonds ("bonding") for City nontransportation-related construction contracts exceeding $100,000. Delegate Ron Villanueva proposed House Bill 1951 in the 2011 General Assembly Session, which authorized waiving bonding for nontransportation-related construction contracts between $100,000 and $500,000 ("bond waiver projects'). The City Council adopted an ordinance (ORD #3189D) in June 2011 to direct staff to develop a bond waiver program (the "Program"). The City implemented the Program, and its experience with such projects has been positive, at least from a risk management perspective. The 2011 legislation required potential bidders for such projects to be prequalified. The prequalification requirement often adds thirty days to the procurement process for a given contract. This procedural requirement creates a potential barrier to small and minority businesses because the extra time for the procurement process creates suboptimal deployment of limited resources and capital. The City Council, in an effort to remove potential barriers to participation in City contracting, included an item in its Legislative Agenda to remove the prequalification requirement for bond waiver projects. In the 2017 General Assembly Session, Delegate Ron Villanueva proposed House Bill 2017 to remove the prequalification requirement for nontransportation-related construction contracts that would otherwise require bonding. The General Assembly adopted a revised bill and the Governor signed it into law, which, will allow the City to waive the bonding requirements up to 10 contracts per year for nontransportation-related construction contracts valued between $100,000 and $300,000. This legislation does not directly impact the bond waiver projects between $300,000 and $500,000, which would continue to require prequalification pursuant to the Program authorized by City Council in 2011 and state law. If the City let 10 contracts per year between $100,000 and $300,000 without prequalification, any additional contracts between $100,000 and $300,000 would have to include prequalification. • Considerations: The City has been a leader in efforts to make its procurement processes equitable for all businesses. To that end, the removal of prequalification for eligible projects should allow for a more timely procurement of certain construction contracts. This concept was presented at the September 8th Minority Business Council meeting, and the Minority Business Council supports this action. • Public Information: This item will be advertised as part of the regular Council agenda process. As noted above, this item was discussed at the September 8, 2017 Minority Business Council meeting. • Attachments: Resolution Requested by Councilmember Dyer REQUESTED BY COUNCILMEMBER DYER 1 A RESOLUTION TO MAKE A FINDING REGARDING THE 2 REMOVAL OF A BARRIER TO CITY CONTRACTING AND 3 TO DIRECT THE CITY MANAGER TO REMOVE THE 4 PREQUALIFICATION REQUIREMENT FOR 5 NONTRANSPORTATION CONSTRUCTION CONTRACTS 6 BETWEEN $100,000 AND $300,000 7 8 WHEREAS, the requirement for bid, payment, and performance bonds 9 (collectively, "bonding") for City nontransportation-related construction contracts 10 exceeding $100,000 is provided by state law; 11 12 WHEREAS, in the 2011, the General Assembly authorized waiver of bond 13 requirements for nontransportation-related construction projects between $100,000 and 14 $500,000 ("bond waiver projects"), but the bidders for such projects were required to be 15 prequalified; 16 17 WHEREAS, the City Council, in an effort to remove potential barriers to 18 participation in City contracting, included an item in its Legislative Agenda to remove the 19 prequalification requirement for bond waiver projects; 20 21 WHEREAS, in the 2017 General Assembly Session, Delegate Ron Villanueva 22 proposed House Bill 2017 to remove the prequalification requirement for 23 nontransportation-related construction contracts that would otherwise require bonding; 24 25 WHEREAS, the General Assembly adopted a revised bill and the Governor signed 26 it into law, which, will allow the City to waive the bonding requirements up to 10 contracts 27 per year for nontransportation-related construction contracts valued between $100,000 28 and $300,000; 29 30 WHEREAS, the Virginia Beach Minority Business Council supports the removal of 31 prequalification for bond waiver projects. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the City Council finds the removal of barriers in City contracting increases 37 competition, which is a benefit to the residents of the City, and as the removal of a barrier, 38 the Council finds that removing prequalification for nontransportation-related construction 39 contracts between $100,000 and $300,000 is in the best interests of the City. 40 41 BE IT FURTHER ORDAINED: 42 43 That the City Manager, or designee, is directed to remove prequalification 44 requirements for nontransportation-related construction contracts between $100,000 and 45 $300,000 to the maximum extent permitted by law. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: a' Alt — U / �— Tayl%.ams Dan. armeyer Finance Department City Attorney's Office CA14146 R-1 September 11, 2017 [ ...-.01: 4. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's 2017 Applications for the Virginia Department of Transportation's Revenue Sharing Program funding for FY2018-19 and FY2019-20 MEETING DATE: September 19, 2017 • Background: The Virginia Department of Transportation's (VDOT) Revenue Revenue Sharing Program is intended to provide funding for immediately needed priority projects or to supplement funding for existing projects. The Program provides state funding at a 50/50 match with local funds. It is not a grant program and funds are only available on a reimbursement basis. Beginning in 2017, Revenue Sharing applications will be changed from an annual to a biennial basis and the associated allocations will be for two fiscal years. Accordingly, the 2017 application cycle is for FY2018-19 and FY2019-20 allocations. In July of 2017, the Commonwealth Transportation Board (CTB) revised the Revenue Sharing Program guidelines. Per the CTB policy changes, the maximum each locality can request is $5 million in state Revenue Sharing allocations per fiscal year ($10 million per biennial cycle) and the maximum lifetime limit of state Revenue Sharing funds per project is $10 million. Previously the maximum request per fiscal year was $10 million and there was no lifetime limit per project. The following four Roadways Capital Improvement Program (CIP) projects have been identified as candidate projects for Revenue Sharing Program funds in FY19 and FY20: First Colonial Road / Virginia Beach Boulevard Intersection Improvements (CIP 2-072); Rosemont Road Phase V (CIP 2-038); Elbow Road Phase II-B (CIP 2-152); and Sandbridge Road — Nimmo Parkway Phase VII-A (CIP 2-078). The First Colonial Road / Virginia Beach Boulevard Intersection Improvements project (CIP 2-072) will improve the congested intersection with the addition of turn lanes and traffic signalization improvements. The project will also widen First Colonial Road from the 1-264 overpass to 1,000 feet south of Oceana Boulevard from four lanes to six lanes. The total project cost is approximately $30 million. The City is requesting $3 million of Revenue Sharing funding in FY19. Existing funds within the First Colonial Road / Virginia Beach Boulevard CIP project (CIP 2-072) will provide the required 50% local match. The Rosemont Road Phase V project (CIP 2-038) will improve capacity and safety by widening Rosemont Road from two to four lanes from Lynnhaven Parkway to Dam Neck Road, a distance of approximately 1.3 miles. The total project cost is approximately $18 million. The City is requesting $2 million of Revenue Sharing funding in FY19. Existing funds within the Rosemont Road Phase V CIP project (CIP 2-038) will provide the required 50% local match. The Elbow Road Phase II-B project (CIP 2-152) will improve safety by realigning Elbow Road, including the sub-standard Elbow Road Bridge, from Salem Road to the Chesapeake City line at Stumpy Lake, a distance of approximately 1.2 miles. The total project cost is approximately $40 million. The City is requesting $4 million of Revenue Sharing funding in FY20. Existing funds within the Elbow Road Phase II-B CIP project (CIP 2-152) will provide the required 50% local match. The Sandbridge Road — Nimmo Parkway Phase VII-A project (CIP 2-078) will improve safety and provide an alternate route for travelers accessing Sandbridge. Project improvements include a two-lane undivided roadway with shoulders from Sandpiper Road to approximately 1.1 miles west of Sandpiper Road at the eastern terminus of the Nimmo Parkway Phase VII-B project (CIP 2-110). The total project cost is approximately $19.7 million. The City is requesting $1 million of Revenue Sharing funding in FY20. Existing funds within the Sandbridge Road — Nimmo Parkway Phase VII-A CIP project (CIP 2-078)will provide the required 50% local match. • Considerations: The Revenue Sharing Program requires localities to incur the expenses and then request reimbursement. In addition, the locality must provide a 50% match. The local match will be provided using existing funding within the respective CIP projects. • Public Information: Public information will be handled through the normal Council Agenda process. • Recommendations: Adopt the resolution to support the City's 2017 Applications for the FY19 and FY20 VDOT Revenue Sharing Program. • Attachments: Location Maps (4), Resolution Recommended Action: Approval Submitting Dep me ency: Public Works Engineering PpcQ City Manager: C 1 A RESOLUTION TO SUPPORT THE CITY'S 2017 2 APPLICATION FOR THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION REVENUE SHARING PROGRAM 4 FUNDING FOR FY 2018-19 AND FY 2019-20 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 7 $5,000,000 per fiscal year through the Virginia Department of Transportation Fiscal 8 Year 2018-19 Revenue Sharing Program; and 9 10 WHEREAS, the City's highest priority Capital Improvements Projects, that meet 11 the eligibility for funding are part of Capital Project # 2-072— First Colonial RoadNirginia 12 Beach Boulevard Intersection Improvements, Capital Project # 2-038 Rosemont Road 13 Phase V, Capital Project# 2-152- Elbow Road Phase II-B, and Capital Project#2-078 — 14 Sandbridge Road- Nimmo Phase VII-A. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the City of Virginia Beach City Council hereby supports the FY 2018- 20 19 application and request through the Virginia Department of Transportation Revenue 21 Sharing Program to request $3,000,000 for CIP project #2-072 First Colonial 22 Road/Virginia Beach Boulevard Intersection Improvements and $2,000,000 for CIP 23 project #2-038 for Rosemont Road Phase V. 24 25 2. That the City of Virginia Beach City Council hereby supports the FY 2019- 26 20 application and request through the Virginia Department of Transportation Revenue 27 Sharing Program to request $4,000,000 for CIP Project #2-152 Elbow Road Phase II-B 28 and $1,000,000 for CIP project#2-078 Sandbridge Road-Nimmo Phase VII-A. 29 30 3. The City hereby commits, subject to appropriation by the City Council, to 31 fund its local share of preliminary engineering, right-of-way and construction, as 32 applicable, of the projects under agreement with the Virginia Department of 33 Transportation in accordance with the project financial documents. 34 35 4. That the City Manager is hereby authorized to execute on behalf of the 36 City of Virginia Beach all necessary project agreements for project development and 37 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. 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'46,.40.76 t�',",1:1\i-vi \ ' v 4ac p 4y\ ( ) X 000 glif , v., it 04 1 Vi II ii (--- -:-,14-- CO 4t , LOCATION MAP IP SANDBRIDGE ROAD - NIMMO PARKWAY PHASE VII-ACIP 2-078 Prepared by P.W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandbridge Rd-Nimmo Pkwy Phase VII-A CIP 2-07F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting the Environmental Assessment for the Transitioning of the Remaining F/A-18 Aircraft to Naval Air Station Oceana MEETING DATE: September 19, 2017 • Background: Naval Air Station Oceana ("NAS Oceana") has been an important part of the community and the economy of Virginia Beach and Hampton Roads and has served as the site of Navy Strike Aircraft since the mid-1940s. The majority of aircraft based at NAS Oceana transitioned to F/A-18E/F Super Hornet more than a decade ago, and those aircraft have been operating over the NAS Oceana and Fentress Naval Auxiliary Landing Field for many years. The Navy wishes to transition the remainder of the legacy F/A-18A/C/D Hornet aircraft to the new F/A-18E/F Super Hornet Aircraft. The Navy began the development of an Environmental Impact Statement (EIS) for this action, and the initial analysis showed no significant environmental impacts, mainly because the flight training is nearly identical to the existing Hornet aircraft, and the noise impacts are virtually the same. The Navy has redesigned the EIS as an Environmental Assessment (EA) and is requesting public comments on the Environmental Assessment. • Considerations: This resolution provides the City Council's input for the public comment period. The resolution expresses the City Council's support for the completion of the Environmental Assessment for the transitioning of the remainder F/A-18A/C/D Hornet aircraft to F/A-18E/F Super Hornet aircraft, and also notes the Council's conclusion that this transition supports both the national defense and the longevity of NAS Oceana. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Mayor Sessoms REQUESTED BY MAYOR SESSOMS A RESOLUTION SUPPORTING THE ENVIRONMENTAL ASSESSMENT FOR THE TRANSITIONING OF THE REMAINING F/A-18 AIRCRAFT TO NAVAL AIR STATION OCEANA 1 WHEREAS, Naval Air Station Oceana ("NAS Oceana") has been an important part 2 of the community and the economy of Virginia Beach and Hampton Roads since the mid- 3 1940s; 4 5 WHEREAS, NAS Oceana has been the site of Navy Strike Aircraft since that time; 6 7 WHEREAS, the majority of aircraft based at NAS Oceana transitioned to F/A- 8 18E/F Super Hornet more than a decade ago; 9 10 WHEREAS, these F/A-18E/F aircraft Super Hornets have been operating over the 11 Oceana Naval Air Station and Fentress Naval Auxiliary Landing Field for many years; 12 13 WHEREAS,the Navy wishes to transition the remainder of the legacy F/A-18A/C/D 14 Hornet aircraft to the new F/A-18E/F Super Hornet Aircraft; 15 16 WHEREAS, the Navy began the development of an Environmental Impact 17 Statement (EIS) for this action, and the initial analysis showed no significant 18 environmental impacts; 19 20 WHEREAS, this is mainly because the flight training is nearly identical to the 21 existing Hornet aircraft, and the noise impacts are virtually the same; 22 23 WHEREAS, the Navy has redesigned the EIS as an Environmental Assessment 24 (EA); and 25 26 WHEREAS, the Navy is requesting public comments on the Environmental 27 Assessment. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the City Council supports the completion of the Environmental 33 Assessment for the transitioning of the remainder F/A-18A/C/D Hornet aircraft to F/A- 34 18E/F Super Hornet aircraft; and 35 36 2. That the City Council has concluded that this transition supports both the 37 national defense and the longevity of NAS Oceana. Adopted by the Council of the City of Virginia Beach this day of , 2017. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY f Robert Matthias Roderick R. Ingram City Manager's Office City Attorney's Office CA14138 R-3 September 12, 2017 Citif CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property located at 505 Rodney Lane from Bradley and Casaundra Terry to construct and maintain a Pump Station MEETING DATE: September 19, 2017 • Background: Casaundra and Bradley Terry (collectively, the "Owner") own a parcel of land located at 505 Rodney Lane (GPIN: 1456-87-1624) (the "Property"). Sanitary Sewer Pump Station 414 ("PS 414") is located adjacent to the Property at 503 Rodney Lane. PS 414, constructed in 1980, has reached the end of its useful life, and must be replaced. City staff analyzed 6 different alternative locations for replacement of PS 414. The Property is the preferred site of the 6 alternatives because it is the most cost-effective alternative that also provides the most adequate space for a new pump station and storm water management facilities. • Considerations: City staff and the Owner have reached an agreement, subject to Council approval, for the purchase of the Property. The proposed purchase price is $277,500 and is recommended to be funded from CIP 6-041.105 (Pump Station Modifications Phase V). • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the request, find an alternative site. • Recommendations: Approve the purchase of the Property subject to the terms and conditions set forth in the attached Summary of Terms. • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form and Location Map. Recommended Action: Approval Submitting De• ent/Agency: PU/Engineering — PW/Real Estate , City Manager: ?RV ,tea. 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY LOCATED AT 505 RODNEY LANE 3 FROM BRADLEY AND CASAUNDRA TERRY TO 4 CONSTRUCT AND MAINTAIN A PUMP STATION 5 6 WHEREAS, Bradley and Casaundra Terry (the "Terrys") own property containing 7 approximately 10,754 square feet of land, and known as 505 Rodney Lane, in the City of 8 Virginia Beach, Virginia (GPIN 1456-87-1624) (the "Property"), as further described on 9 Exhibit A, attached hereto and incorporated herein; 10 11 WHEREAS, the Property is located adjacent to existing Pump Station 414 that 12 needs to be replaced; 13 14 WHEREAS,the Terrys have agreed to convey the Property to the City for$277,500, 15 subject to Council approval and in accordance with the Summary of Terms attached hereto 16 as Exhibit B and incorporated herein; and 17 18 WHEREAS, funding for the acquisition is available in Pump Station Modifications 19 Phase V, CIP 6-041.105. 20 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 1. That the City Council authorizes the acquisition of the Property pursuant to 25 §15.2-1800 of the Code of Virginia (1950), as amended, which Property is generally 26 identified as 505 Rodney Lane and more particularly described on Exhibit A. 27 28 2. That the City Manager or his designee is further authorized to execute all 29 documents that may be necessary or appropriate in connection with the purchase of the 30 Property, so long as such documents are in accordance with the Summary of Terms 31 attached hereto as Exhibit B and containing such other terms, conditions and modifications 32 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 33 Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of , 2017. CA14023 R-1 PREPARED: 08/30/2017 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: sit. PUBLIC WORKS, REAL ESTATE P BLIC UTILITIES APPROVED AS TO SUFFICIENCY APPROVED AS TO LEGAL OF FUNDS: SUFFICIENCY AND FORM: ��r Finance Department CIT ATT RNEY EXHIBIT "A" Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 67 as shown on that certain plat entitled, "SUBDIVISION OF SECTION TWO, WOODS OF AVALON KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA," dated December 10, 1967, Scale: 1" = 100', prepared by Baldwin and Gregg Civil Engineers and Surveyors, Norfolk, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 74, at page 23. TOGETHER WITH all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. EXHIBIT "B" SUMMARY OF TERMS OWNER: Bradley and Casaundra Terry BUYER: City of Virginia Beach PROPERTY: Approximately 10,754 square feet of land known as 505 Rodney Lane (GPIN: 1456-87-1624) CONSIDERATION: $277,500 SOURCE OF FUNDS: Pump Station Modifications Phase V (CIP 6-041) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • City shall bear the costs of preparation of closing documents and recording fees. Seller shall pay its own attorney's fees and costs, if any. 11/4B Virginia Ben(h APPLICANT'S NAME Bradley Terry & Casaundra Terry 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 Anauiv USE ONLY ; Page l of7 ❑ 1PPI I(AN I Non'It OF: HE APING NO(.] NGiti . , I�Lf17 lit) ❑ anISION.sn n un Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Bradley& Casaundra Terry If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if 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 :NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code 4 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 employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets it needed) 7 Accounting and/or preparer of your tax return j7l Architect / Landscape Architect/ /\I Land Planner Contract Purchaser (if other than pithe AUpllcant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and AConstruction purchaser's service providers) Contractors Engineers / Surveyors/Agents Financing (include current 1--1 mortgage holders and lenders yt;\ t ) {Y selected or being considered to I 1 provide financing for acquisition or construction of the property) nE 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 ❑ 17 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 AB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap , cation. ;rrr� Bradley Terry & Casaundra Terry'''•-' • ---i1� 'APPLICANT'S SIGITATURE PRINT NAME DATE Page 5 of 7 ill I II . 5_,, >, i tatir 4340, . i al c't a. .! / ,, ___ .../ / , zweeTt (9 I / cLozosli / -------_____ 1-(`.4 Mkt, -1 - S.' • i' AL 0 '.." Ce 6" -FT WAY 0 Z Z Z —1 0 0 ci ,i CO 0 61- < coce c. 11 . ., . ..,. i n x , /tN iv RODNEY LN - -----.., 111111 IN 11111 ill 111111 MI ill • - 1 LH- --- . , r / \ ... i. • \ \ , ---- \ : ,\ / . , \ . / . . 07-1-0 C. M•111:.',....". -- '..-•-•-,,--(/.1ii,\ Vflif •;.. t 2 •°,2 O co 47, § O E O y) — t 4 fig,...7 Ikea Af_e-tte,4/0 , g I. /101/'w. illirriallI,,,j •.„4 .11 ,... ,7A . Nr tiliNZ 1.- • '"--: -47 \ . .-- il 11107? ..'''• eR,..PO" • 2 clO GCB 0 CL 6 0 Z 7. -----------------------.-'.--.'-------- cu •IPPI - -- ok ...,04thaik .. . di kAyJi&? w , 0 0 - 3 0 t < ,,- z .c g CL to �. l N v! 'CC 4046 v Ce naJ z aniv- a n Ce t �O ce NoZ a Q Z H z ► Q J D ' w • 414111111411 -5/11 / - I.''- ppVv4 - : :: • Z � ZZIt 110 IIII r-- .0oQd Ln o a Jp< a� o X 4011 CCI` RODNEY LN • Jill ,,,, ....„.. -.1*. , . .4411,, . ..... LI ,. .-,0„.kifit.,.. 111 . ...,.....e, _ . . KING A RTHUR'DR 1 .a7 , . o i ,rte , , ., .._ice yN N C __ � O 4. al i (0 Q C a r • wa: U j a 5 • t7) 0 it; U a R Z . a, a [ I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate State Funds and to Authorize Five New Positions for the Juvenile Detention Center MEETING DATE: September 19, 2017 • Background: The Prison Rape Elimination Act (PREA)was signed into federal law in 2003. This Act covers juvenile detention facilities as well as adult correctional institutions. As part of PREA oversight, the Department of Justice (DOJ) has established Juvenile Facility Standards that include mandatory staff-to-resident ratios. Effective October 1, 2017, the current mandated ratio of one security staff (Juvenile Detention Counselor) to ten children will be lowered to one staff per eight children. The City presently maintains a 1:9 ratio of security staff to resident children. The Virginia Beach Juvenile Detention Center (JDC) has also recently been asked by the Department of Juvenile Justice (DJJ) to accept additional transfer residents from a state-run facility. By adding four (4) Juvenile Detention Counselors and one (1) Case Manager, the JDC will be able to comply with the new staffing ratios for their current census, including daily fluctuations, and the additional eight transfer residents noted above. The JDC receives 70% of their funding from state grants that is split between a Juvenile Justice Block Grant and DJJ State Ward Reimbursements. The Ward Reimbursements are based on the residents' participation in a variety of programs. Estimated annual revenue from the additional eight residents totals $529,250. The JDC anticipates collecting 67% (8.0 months), or$354,598, based anticipated recruitment time and start dates for new staff by November 1, 2017. The personnel costs would be $228,485 for four (4) full-time Juvenile Detention Counselors to manage the facility census, and$62,386 for one(1)full-time Case Manager to expand youth programs. A one-time cost of $3,498 for a new workstation brings the current year total expenditures to $294,369. IN Considerations: In FY 2009, JDC staffing was reduced by 20% due to a period of low census levels. Since then, the census has grown back to the point that the JDC had to open a wing of the building that had been closed for years. In FY 2017, the residential census increased by 71% over the FY 2016 census. The JDC has been covering with overtime and is actively recruiting positions that are currently vacant. In order to comply with PREA and to work toward the best possible outcomes for juvenile offenders re-entering the community, the JDC is requesting five new full-time positions at a recurring cost of $290,871 and one-time costs of $3,498. The program anticipates generating $354,598 in state funds during FY 2018. There is no additional General Fund support included in this request. The General Fund currently supports about 28% of the JDC and, based on the estimated revenue from these additional children, that amount will decrease to 24%. The anticipated increase in funding should cover the cost of meeting the new staff ratio mandate. However, if the census in the programs drops, the City would experience a decrease in non-General Fund funding. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Dep m ncy: Department of Human Services City Manager: 1 AN ORDINANCE TO APPROPRIATE STATE FUNDS AND 2 TO AUTHORIZE FIVE NEW POSITIONS FOR THE 3 JUVENILE DETENTION CENTER 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $354,598 in state funds are hereby accepted from the Virginia Department of 9 Juvenile Justice and appropriated, with state revenues increased accordingly, 10 to the FY 2017-18 Operating Budget of the Department of Human Services in 11 order to comply with the new staffing ratios of the Prison Rape Elimination Act 12 of 2003 and to assist juvenile offenders who are re-entering the community in 13 achieving the best possible outcomes of their rehabilitation. 14 15 2) Five (5) FTEs including four (4) Juvenile Detention Counselor positions and 16 one (1) Case Manager position are hereby authorized in the FY 2017-18 17 Operating Budget of the Department of Human Services. 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: u / j i/ evin Chatellier •ana H. m- er /� Budget & Management Services City Attorn- 's Office CA14145 R-1 September 6, 2017 [ tnIG,* jar CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2017-18 Operating Budget of the Police Department for the Purchase of Equipment, Overtime, and Travel and Training to Enhance Efforts to Address Internet Crimes Against Children MEETING DATE: September 19, 2017 • Background: The County of Bedford and more specifically, the Southern Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund. This funding has been made available by the Department of Criminal Justice Services. The City of Virginia Beach Police Department (VBPD) has been approved as a sub-recipient for $67,750 of this funding. This grant will fund equipment needed for ICAC investigations, overtime for ICAC related travel, training or other approved events, and training needed to investigate ICAC cases. As the lead agency of District Two of the Southem Virginia ICAC Task Force, the VBPD will also be responsible to pass through payments to other affiliates within the district. The grant period is from July 1, 2017 through June 30, 2018. • Considerations: No local match is required for this grant. Because the City is the lead agency for ICAC in the district, the attached ordinance includes permission to pass through the authorized funds to other law enforcement affiliates in furtherance of ICAC efforts. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting De rt Agency: Police Department o . (J'/s', 9c City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE FY 2017-2018 OPERATING BUDGET OF 3 THE DEPARTMENT OF POLICE FOR THE PURCHASE OF 4 EQUIPMENT, OVERTIME, AND TRAVEL AND TRAINING 5 TO ENHANCE EFFORTS TO ADDRESS INTERNET 6 CRIMES AGAINST CHILDREN 7 8 WHEREAS, the City of Virginia Beach Police Department (VBPD) is the lead agency of 9 District Two of the Southern Virginia Internet Crimes Against Children Task Force(ICAC), 10 and is responsible for pass through payments to other affiliates within District Two; 11 12 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That $67,750 from the Virginia Department of Criminal Justice Services via the 16 Southern Virginia Internet Crimes Against Children Task Force and the Bedford County 17 Sheriffs Office is hereby accepted and appropriated, with state revenue increased 18 accordingly, to the FY 2017-2018 Operating Budget of the Department of Police for the 19 purchase of equipment, overtime, and travel and training to enhance efforts to address 20 Internet crimes against children. Included in the preceding and expressly limited to the 21 amounts stated, the City Police Department is authorized to pass through payments to 22 other law enforcement affiliates in furtherance of Internet Crimes Against Children efforts 23 in the City's ICAC District. 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: cHcitTrth-t_tb 6) Kevin Chatellier `—B= : a eyer Budget and Management Services City Attorney's Office CA14141 R-1 September 1, 2017 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Surplus Urban Formula Funding to CIP# 2-409, "Centerville Turnpike Phase II," and Transfer $2,000,000 in Local Funding to CIP #2-078, "Sandbridge Road- Nimmo Parkway Phase VII-A" MEETING DATE: September 19, 2017 ■ Background: The 2016 Appropriation Act adopted by the Virginia General Assembly included an item pertaining to the balance of transportation funds provided by the previous Primary, Secondary and Urban Formula Funds. The 2016 Appropriation Act provided an opportunity for the Virginia Department of Transportation (VDOT)to reconcile the previous Primary, Secondary and Urban Formula Funds and use these funds from completed, cancelled or stalled projects to advance priority transportation projects within the respective locality. During the Urban Formula Funds reconciliation process, VDOT identified $2,000,000 in excess Urban Formula Funds on the City of Virginia Beach First Colonial Road Phase III & Oceana Boulevard Project, CIP #2-833, completed in 2003. The 2016 Appropriation Act allows excess Urban Formula Funds from completed projects to be transferred to other eligible fully funded and active projects in the Six Year Improvement Plan (SYIP). For purpose of eligibility, "fully funding" means funded within the five year - year of execution plus the five planning years - capital improvement program. The Centerville Turnpike Phase II Project, CIP #2-409, is an active and fully funded project eligible to accept the excess Urban Formula Funds. Urban Formula Funds require a 2% local match. There is sufficient local funding in the Centerville Turnpike Phase II Project, CIP #2-409, to satisfy the required local match. Since Centerville Turnpike Phase II is fully funded, the addition of $2,000,000 in Urban Formula Funds will reduce the overall need for City funding on the project. It is requested that $2,000,000 in local funds be transferred to Sandbridge Road — Nimmo Parkway Phase VII-A Project, CIP #2-078. This project has been identified as a priority project within the City and has a balance to complete of $12,976,213 in the current FY 2017-18 CIP. • Considerations: The excess Urban Formula Funds from the First Colonial Road Phase III & Oceana Boulevard Project, CIP #2-833, needs to be programmed to an eligible active project by January 1, 2018 or the funds will be de-allocated and programmed to another VDOT Program. Centerville Turnpike Phase II, CIP #2-409, is an active and fully funded project eligible to receive the Urban Formula Funds with sufficient local funding to satisfy the required 2% local match. The Sandbridge Road — Nimmo Parkway Phase VII-A Project, CIP #2-078, is a priority project in need of funding. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, a public meeting will be held for the Sandbridge Road — Nimmo Parkway Phase VII-A Project, CIP #2-078, during the design process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance, Maps (2) Recommended Action: Approval Submitting De, .rt . Agency: Public Works 1 ld City Manager..; 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS URBAN FORMULA FUNDING TO CIP #2-409, 3 "CENTERVILLE TURNPIKE PHASE II" AND TRANSFER 4 $2,000,000 IN LOCAL FUNDING TO CIP #2-078, 5 "SANDBRIDGE ROAD-NIMMO PARKWAY PHASE VII-A" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $2,000,000 in surplus urban formula funding is hereby accepted from the Virginia 11 Department of Transportation and appropriated, with state revenue increased 12 accordingly, to CIP#2-409 Centerville Turnpike Phase II in the FY 2017-18 Capital 13 Improvement Program. 14 15 2. $2,000,000 in City funding is hereby transferred from CIP #2-409 Centerville 16 Turnpike Phase II to CIP #2-078 Sandbridge Road-Nimmo Parkway Phase VII-A. Requires an affirmative vote by a majority of all the ofinembers 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: Kevin Chatellier I : . - - .rm er2 Budget and Management Services - City Attorney's Office CA14144 R-1 September 1, 2017 irg. 111/ ! J,{'� r <„7% �d44 ----_,..e."‘' � \I 41 �tr• 10111 I allt P!I" Ufa rs klr:-- 1.11MVATAl 11/4\ A -,:-;*- * ,Tifi ism.6.4 kil / _ ...„../. . */ 4Vt % �� , ' 4,,...... //R; b Pal -iv ,„.)1 --f- -,.... ..ip-iii ....,-.7 . ♦ $I O v....iv • sinum111,1-- - 1,--A6b"At 'Cs 4".'NO , ... 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O•oil ,rte s LOCATION MAP CENTERVILLE TURNPIKE PHASE II 1 ' CIP 2-409 Prepared by P.W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Centerville Turnpike Phase II O• NECKRO U \ w.' - �� ©.cam �\G4 N 0 ° o °1 � W+E NIMMO P `�„4. r�Q,� 411:1 01 N �i/ 2 m Z SITE I ��Q 13' p`7 0 or -‘_,j cz_ ..:`\VDQco { Il A7d7>OV,QP 7�F�sv L0. i Bwe 00\tom ?Acd = oo soll �;0lat3\Oa ,c ti, * t4I tA3.7-\ _. 11, ,___./ s,°o \,,'o' --ail ''') W3L. sNP o o1 1000... A d e} � leity144___ 00 t14o ,e4 ` I� k, A l4�' 4/4 4' CAW.AK v �f; 0 V AS VP4-14 %Iwer i • D`Ar \0 n '.Q94 .L`� V3\�` C�s\O '' C \V . ,mto\s. '' \ '� eve I.) J 4q`C Ft ilk fic-1...-) C\P 0 03 0 00 1 --7 zi /le, 4, E`j4 OF .44411 1.:on 1:' n 43 111 c„, (--\--v(4 ,,. ,, ,,, ,„ , ,t,-- 0 z s 1 A 1 LOCATION MAP SANDBRIDGE ROAD - NIMMO PARKWAY PHASE VII-A CIP 2-078 Prepared by P.W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandbridge Rd-Nimmo Pkwy Phase VII-A CIP 2-07£ Sk [ a, Y'• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2017-18 Operating Budget of the Department of Police for the Enforcement of DUI Laws MEETING DATE: September 19, 2017 • Background: Since the 1990s, the Virginia Department of Motor Vehicles has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2017, through September 30, 2018. Officers will use the funding for overtime needed for selective DUI enforcement. The grant will also fund the purchase of speed detection devices. • Considerations: The grant provides $62,466 and requires a local grant match of $31,233, which will be transferred within the FY 2017-18 Operating Budget of the Police Department to provide the local grant match. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• . mqt/. •ency: Police Department ( � 94CCity Manager: �� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2017- 3 2018 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF DUI LAWS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That$62,466 from the U.S. Department of Transportation National Highway 10 Traffic Safety Administration via the Virginia Department of Motor Vehicles is hereby 11 accepted and appropriated, with federal revenue increased accordingly, to the FY 2017- 12 2018 Operating Budget of the Department of Police for overtime related to the 13 enforcement of DUI laws and for the purchase of speed detection devices. 14 15 2. That $31,233 is hereby transferred within the FY 2017-2018 Operating 16 Budget of the Department of Police to provide the local grant match for the enforcement 17 of DUI laws. Requires an affirmative vote by a majority of all 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: /1 Kevin Chatellier - yer Budget and Management Services City Attorney's Office CA14139 R-1 September 1, 2017 f,k. [ .r,C4., ,E * t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2017-18 Operating Budget of the Department of Police for the Enforcement of Seat Belt Laws MEETING DATE: September 19, 2017 • Background: The Virginia Department of Motor Vehicles has been awarding grants to the Virginia Beach Police Department since the 1990's. The Seat Belt Enforcement grant will be active from October 1, 2017, through September 30, 2018. Officers will use the funding for overtime for selective traffic enforcement, the Click-It-or- Ticket campaign, and several traffic checkpoints. • Considerations: The grant provides $52,000 and requires a $26,000 match, which will be funded through the Police Department's Operating Budget. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D . : ncy: Police Department C City Manager: J4 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2017- 3 2018 OPERATING BUDGET OF THE DEPARTMENT OF 4 POLICE FOR THE ENFORCEMENT OF SEAT BELT LAWS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That$52,000 from the U.S. Department of Transportation National Highway 10 Traffic Safety Administration via the Virginia Department of Motor Vehicles (DMV) is 11 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY 12 2017-2018 Operating Budget of the Department of Police for overtime related to the 13 enforcement of Seat Belt laws. 14 15 2. That $26,000 is hereby transferred within the FY 2017-2018 Operating 16 Budget of the Department of Police to provide the local grant match for the enforcement 17 of Seat Belt laws. Requires an affirmative vote by a majority of all 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: eFQ vin Chatellier =: - . -! eyer Budget and Management Services City • or ey's Office CA14140 R-1 September 1, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation's Primary Extension Program for Road Paving Projects MEETING DATE: September 19, 2017 • Background: The Commonwealth Transportation Board (CTB) established the Primary Extension Paving Program to distribute available paving funding with both CTB Formula Funds and State of Good Repair funds. Starting July 1, 2014, localities that maintain their own primary extension roads can receive a portion of the reconstruction and paving funds, previously reserved for interstates and primary roads. The Primary Extension Paving Program provides funding for qualifying road segments, up to $1,000,000 per locality. Applications submitted are scored via a prioritization process. This is not a grant program and funds are only available on a reimbursement basis. The City received $1,000,000 in state allocations to pave the following road segments: Total State Local Paving Cost Allocations Contribution Independence Blvd (Shore to Bromfield) $252,000 $252,000 $0 N. Witchduck Road (Erskine to Jericho) $180,000 $132,000 $48,000 N. Witchduck Road (Kellam to VA Beach $144,000 $144,000 $0 Blvd) Atlantic Avenue (45'h to 49'h) $112,000 $112,000 $0 Virginia Beach Blvd (Cavalier to Horace) $360,000 $360,000 $0 Total $1,048,000 $1,000,000 $48,000 After VDOT's administration fees, the City will be reimbursed $995,000. The total paving cost for the aforementioned five (5) road segments is estimated at $1,048,000. The City will use the annual paving budget for the non-reimbursed balance. • Considerations: The aforementioned segments of Independence Boulevard, Witchduck Road, Atlantic Avenue and Virginia Beach Boulevard have all been identified as candidates for the City's FY 2017-18 paving schedule. Accepting and appropriating the $995,000 in state funds will allow additional roadway paving and maintenance needs identified in the FY 2017-18 paving plan to move forward. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance, Location Maps (5) Recommended tion: Approval Submitting De artrn ency: Public Works 9 City Manager: 1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION'S PRIMARY EXTENSION PROGRAM 4 FOR ROAD PAVING PROJECTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $995,000 is hereby accepted from the Virginia Department of Transportation 10 and appropriated, with state revenue increased accordingly, to Public Works FY 2017-18 11 Operating Budget for paving projects. 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 's. ' a, eye' Management Services City Attorney's Office CA14147 R-1 September 11, 2017 C3 . 1 GELA DR N SWORD RD SAF CI R CANDY Cr d\'%! Li * �� doFlo ZCl .DARGq DR ws z:JQ 88/ORE-D"." 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WlTCHDUCK TSH AVF O'r047. 00/ �L CT 141it ii SUMMER ORES j WHp �RNAT1pNAVE U�o�< N WlTCHDUCK RD (WB) o kcT z rl / MEM -4'o co 4 0 U ii 0) s,_______ 1 ...______ ( WEAVER dR �� ' ~� FLORAL'ST r Q 1 J RICHARD RD LL at w 6 a w Q 0 0 Ill 111 a iv 'Li z a c� Z Ip • i! =i Q ��HJEANNE ST' 0t ce m �I Z Pul co 17i R-VA-SR00190WB N RG�4'46 gcye� N WlTCHDUCK RD (WB) A J� BROAI —=—�- N WlTCHDUCK RD � ..c /R�• • , VDOT Primary Extension -) RI Fund Application Location Map N,, \_..•________ City of Virginia Beach ICr o Department of Public Works ADMIRAL WRIGHT RD 1 �\ �� March 2017 S' Ig( 0 \<'. , IL ._,3 0.________ J3, yL r ___ m m P� Sy rm ATLANTIC AVE 49TH SI P4-‘-e‘( ` g8(\-VST 1 PyVEY Gym, R 7L, 2 ,.7, 2 BPy GOk.OiiIiiI l 45TH ST Fa "I-EN R-VA-US00060 N ATLANTIC AVE A sT 441 _ 43/RD VAPL w--" ATLANTIC AVE III VDOT Primary Extension Fund Application g 43RpHAL si 43Bp 5T >' Location Map J o z III City of Virginia Beach I1 Department of Public Works atm HPLF sT March 2017 I ---_-- 5 l cCOIJQ pR��G�� HINSDALF ST l �4 / ffTTLNm2 NINSO � Q� �-�11JI IAiiE sT ,5\c„ 101iETTLN I 1J°NN lP� �c� I o04 U4%7 IIIreID ��BU � NkFR NI��CH l clo c D lz ?N� Qpv 6 RO N(O(� � �' 4 ��Go DV CORPORATION LN < / z m O JEANNE ST a (--- re 0 0 T\t„,_ / VIRGINIA BEACH BL (WB) R BROAD ST 3\ u) I W �Q\ f-` cg. re z - '- cc LL U0 iRGINIe.BEAcH.BWC U _ W W Ilk CO i -) J 1rICIOLUMBUS CTR o re CCOMME_r��ll((((E ST )l II MAINI 'I re 1 J > iDco.., COLUMBUS STI( BEASLEY CT Q I N NINA DR o 1M ANDAN RD ---111.-) 9 Z J z CONESTOGA RD (CARAPACE DR z 8- f m a TILLMAN DR 0 ,Z.)6.:‘ N PR° m GFAi J` k w R-VA-US00058WB N _4 o VIRGINIA BEACH BL (WB) La00.0.\-7 W r. , VIRGINIA BEACH BL(WB) O � ��• VDOT Primary Extension _-_,..11A Fund Application gi-?R EAVE n Location Map :c, IP11)7 City of Virginia Beach 9 TR VERTINEA 'P Department of Public Works ID HKvE - N 1 _ March 2017 K. PLANNING 1. PRINCESS ANNE ESTATE TRUST & VIRGINIA BEACH FINANCIAL CENTER, INC. for Closure of a portion of Lord Dunmore Drive, at Princess Anne Road and relocated Lord Dunmore Drive DISTRICT 2—KEMPS V ILLE RECOMMENDATION: APPROVAL 2. IPA ENTERPRISES,LLC and HIGINIO R. JIMENEZ for a Conditional Use Pennit re a Home Occupation—firearm sales at 929 Boughton Way DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. SXCW PROPERTIES II,LLC and FULTON BANK,N.A. for a Conditional Use Permit re a car wash and service station at 3264 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. ISHWAR,LLC for a Conditional Use Permit re motor vehicle rental at 5924 Indian River Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. EDDRICK COREY and VALERIE CASON, ET AL for a Change of Zoning from AG-2 Agricultural to R-10 Residential at Seaboard Road and Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 201 re Fences or Walls: in setbacks, adjacent to sound walls and replacement of nonconforming fences b. Section 1005 re signs in Industrial Zoning Districts RECOMMENDATION: APPROVAL e 1 s •fie°°w..M.a NOTICE OF PUBLIC HEARING The regular meeting W the Crly Council of the City of Virginia Beach will be held In the Council Chamber of the City Hall Building Municipal Center, Wrgnia Beach.Virgma,on Tuesday.September 19,2017 at GAO p.m..at which time the following applications will be heard: DISTRICT 3-ROSE HALL IRA Enterprises, LLC/Higinio R. Jimenez nnnditlmml Ike PPM111 (Home Occupation - Retail Sales (Firearms))929 BouglOn Way (GPIN 14964285601 DISTRICT T-PRINCESS NINE Eddrick Corey Caso, Valeie Cason. et. el. Change o Zoning (AG-2 Agricultural to RIO Residential) West side Seaboard Road, 1300 feet north of Childano Road (GRIN 2404554240) DISTRICT 3-ROSE HALL SXOW Properties II. LLC/Fulton Bank, NA conditional Use Permit (Car Wash & Automobile Service Station)3264 Holland Road(GPIN 1495093490) DISTRICT 1-CENTEXVILLE ISHWAA, LLC conditional IIs- Perm&(Motor Vehicle Rental,5924 Indian River Reed (SPIN 14566215461 DISTRICT 2-KEMPSVILL£ Princess Anne Estate Trust & Virgnia Beach Financial Center,Inc. SIrePI Closure Portion of bra Dunmore Drive.apaoximatey 200 feet in length between Princess Anne Road and relocated Lord Dunmore Drive (adjacent GPINs 1468683940&1466881966) CIV OF VIRGINIA BEACH- An Ordinance to Amend Section 201 of the City Zoning ordinance Pertaining to Fences or Walls in Setback.Fences Adjacent to Sound Walls and Replacement of Nonconforming Fences CITY OF VIRGINIA BEMYI. An Ordinance to Amend Section 1005 01 the City Zoning Ordinance Pertaining to Signs in the Industrial Zoning Districts AP interested parties areto atendere Ruth II et MMC Clerk Copies of the proposed ordinances. anmbo luns and amendments are on he d may be examined in the Department of Planning or online at 1'tm:/www vdgov ren¢Va. For information call 3854621. If you are physically disabled or vSualy Impaired and need assistance at this meeting please call the CITY CLERKS OFFICE at 3854303;Hearing impaired Del 711 (Vlrgnia Relay -Telephone vice for the Deal) BEACON:SEPTEMBER 3 810.2017-1 nME EACH. I \\\*\:21/1 T._ „.,,,, i . . . .. . 11 , ce . . .. b 44I-N-----,,,,,, .L ,(4.9?" vr`IC 1 co ,, 4, \\ , NIS* el jir_.....9 / [11-11 ,, 11 4 /, m - 11 EZ.: k �, fll i_ _ f / CO ri i' 0 c1 ii.0 L___ r \ r- I , 4 1 O 1_J ik\ \ 11 re ri CO \ C.) \, \, <T'- N � � m . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving application of Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. for the Closure of a 10,645 square feet portion of right-of-way known as Lord Dunmore Drive MEETING DATE: September 19, 2017 • Background: The Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. (collectively, the "Applicant") is requesting closure of 10,645 square feet of the northernmost portion of Lord Dunmore Drive. This portion of the road had been used as a direct connection to Princess Anne Road until commencement of the Princess Anne Road / Kempsville Road Intersection Capital Improvement Program (CIP) Project. The Applicant owns the property on both sides of the right-of-way requested for closure. In March 2012, a site plan was approved for a two-phase redevelopment of the Applicant's properties. The first phase was primarily devoted to the relocation of the house on the eastern parcel to the western parcel. The site plan shows ultimate redevelopment of the subject right-of-way for an improved parking area, with landscaping and walkways to the buildings located on the adjacent properties. This work will occur after the right-of-way has been closed and the required subdivision plat recorded. In the interim, the Applicant has been using the Lord Dunmore Drive right-of-way for parking. • Considerations: The request to close the street is consistent with the 2010 Sale Agreement between the applicant and the City as part of intersection improvements at Princess Anne Road and Kempsville Road intersection. The Street Closure Viewers met to consider the proposed closure of this right-of-way, and no objections were raised. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. Several speakers were present, but withdrew their opposition once they were fully informed of the request. Princess Anne Estate Trust&Virginia Beach Financial Center, Inc. Page 2 of 2 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City will be set according to the "Policy Regarding Purchase of City's Interest in Streets," except that the fee will be waived contingent upon the Applicant providing the City with a comprehensive release of claims, in a form agreeable to the City Attorney, as resolution of concerns raised by the Applicant related to impacts from the Princess Anne Road/Kempsville Road Intersection Improvements Project. 2. The Applicant shall submit a subdivision plat that incorporates the closed area into the adjoining parcels. The plat shall include a public recreational easement for a boat launch, including access to two parking spaces, and a public ingress/egress easement for purposes of accessing the launch, consistent with the above-referenced site plan. This plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Initial review indicates that there appear to be private utilities within the right-of-way proposed for closure. If it is determined that private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Easements for public water and sewer lines located within the closed area, satisfactory to the Virginia Beach Department of Public Utilities, must be provided on the plat referenced in Condition 2. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. ■ Attachments: Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Desk, gency: Planning DepartmentYYYhhh'�^'j1t�, , City Manager: 1 ORDINANCE APPROVING APPLICATION 2 OF PRINCESS ANNE ESTATE TRUST AND 3 VIRGINIA BEACH FINANCIAL CENTER, 4 INC. FOR THE CLOSURE OF A 10,645 5 SQUARE FEET PORTION OF RIGHT-OF- 6 WAY KNOWN AS LORD DUNMORE DRIVE 7 8 WHEREAS, Princess Anne Estate Trust, a Virginia business trust, and Virginia 9 Beach Financial Center, Inc., a Virginia corporation (collectively, the "Applicant") applied 10 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 11 portions of unimproved right-of-way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portions of unimproved 14 right-of-way be discontinued, closed, and vacated, subject to certain conditions having 15 been met on or before one (1) year from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portions of unimproved right-of-way be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "DENOTES R/W TO BE CLOSED", shown as 29 the shaded area on that certain exhibit plat entitled: 30 "STREET CLOSURE EXHIBIT 10,645 S.F. OF LORD 31 DUNMORE DRIVE LOCATED BETWEEN PROPERTY OF 32 PRINCESS ANNE ESTATE TRUST & VIRGINIA BEACH 33 FINANCIAL CENTER, INC. TO BE CLOSED VIRGINIA 34 BEACH, VIRGINIA", dated February 7, 2017, prepared by 35 Stephen I. Boone & Associates, P.C., a copy of which is 36 attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination regarding ownership 44 of the underlying fee. The purchase price to be paid to the City will be set No GPIN (Public Right-of-Way) (Adjacent GPINs: 1466-68-1966 and 1466-68-3940) 45 according to the "Policy Regarding Purchase of City's Interest in Streets," except 46 that the fee will be waived contingent upon the Applicant providing the City with a 47 comprehensive release of claims, in a form agreeable to the City Attorney, as 48 resolution of concerns raised by the Applicant related to impacts from the 49 Princess Anne Road/Kempsville Road Intersection Improvements Project. 50 51 2. The Applicant shall resubdivide the property and vacate internal lot lines to 52 incorporate the portion of closed right-of-way into the adjoining parcels. The 53 resubdivision plat must be submitted and approved for recordation prior to final 54 street closure approval. The resubdivision plat shall show an easement area for 55 a public boat launch and two parking spaces, as well as an easement for 56 ingress/egress thereto. 57 58 3. The Applicant shall verify that no private utilities exist within the right-of-way 59 proposed for closure. Preliminary comments from the utility companies indicate 60 that there are private utilities within the right-of-way proposed for closure. If 61 private utilities do exist, easements satisfactory to the utility company must be 62 provided. 63 64 4. Closure of the right-of-way shall be contingent upon compliance with the above 65 stated conditions within 365 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved within one 67 year of the City Council approval, said approval shall be considered null and 68 void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before September 18, 73 2018, this Ordinance will be deemed null and void without further action by the City 74 Council. 75 2. If all conditions are met on or before September 18, 2018, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 86 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH as "Grantor" and PRINCESS ANNE ESTATE TRUST, a Virginia 88 business trust, and VIRGINIA BEACH FINANCIAL CENTER, INC., a Virginia 89 corporation, as "Grantees". 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 92 of , 2017. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Vii. .f. ■G. , 1-146(4,9w/i%ai't] -fanning Department ip City Attorney CA13873 Ovogov commF al Upplicabono\CityLewRodkym m3 YLWpdO¢LW31\PO i awo%9309 doc R-1 September 11, 2017 Applicant Princess Anne Estate Trust & Virginia Beach Agenda Item Financial Center, Inc. Public Hearing July 12, 2017 13 „go, City Council Election District Kempsville Virginia Beach Request S' ' `o,,r„, a Street Closure (Portion of Lord Dunmore a4.00, g A'4 y Drive) Ix.*Court Alr,C.3{Mn'R oad Staff Recommendation 4,,„.a Approval ,,,,,0"' tib„ 4 v q'Or,, O Staff Planner do Stephen White `0 0 ii x a FtwadJenl«sa ch,,,,Ga o Location $ f g o s Between Princess Anne Road and relocated i :? z ►k...Nall Court r _c Lord Dunmore Drive s Adjacent GPINs dh aba o too,. �''°a'C. 146668394, 1466681966 Site Size fir' 4-, m 10,645 square feet AICUZsr„' •' - _ Less than 65 dB DNL ` �. • "` - _ Watershed ; -% ,? 4'`Ii Chesapeake Bay ' �r , . r Existing Land Use and Zoning District4 \ -- Public right-of-way being used for parking 0.: 4. .!t ., �;' i‘.44 fr' Surrounding Land Uses and Zoning Districts '''* -. • . • �`„ NorthRI" ,,'. • ^ r ,' `1, ! ` Princess Anne Road , cl . South ;k'" 1 4``- -t�- I Lord Dunmore Drive i e 't Single-family dwellings/R-10 Residential (Historic Kernpsville Overlay) East Office/ B-4K Historic Kempsville Area Mixed Use (Historic Kempsville Overlay) West Office/B-4K Historic Kempsville Area Mixed Use (Historic Kempsville Overlay) Princess Anne Estate/VB Financial Center Agenda Item 13 Page 1 Background and Summary of Proposal • The applicant is requesting closure of 10,645 square feet of public right-of-way.The right-of-way had been used for Lord Dunmore Drive until this portion of the roadway was relocated as part of the Princess Anne Road/S. Witchduck Road/ Kempsville Road Intersection Improvement Capital Improvement Program (CIP) Project.The applicant owns the property on both sides of the right-of-way requested for closure. • During the early planning for the CIP project,the City worked with the applicant regarding the potential impacts to the applicant's property, the most significant of which would be the need to acquire a portion of the property for a relocation of Lord Dunmore Drive. • Based on subsequent discussions and negotiations, a Sales Agreement (Agreement) was signed on July 27, 2010. The Agreement identifies the area necessary for the CIP project, and specifies a number of items, including the closure of the portion of the Lord Dunmore Drive right-of-way that is the subject of this application. • Part of the Agreement includes a provision specifying that the resubdivision plat required as a condition of the approval of this street closure include a public access easement for a boat launch (canoe/kayak put-in) on the Elizabeth River shoreline, as well as a public ingress/egress easement from the launch to Lord Dunmore Drive. • In March 2012, a site plan was approved for a two-phase redevelopment of the applicant's properties. The first phase was primarily devoted to the relocation of the house on the eastern parcel to the western parcel. The site plan shows ultimate redevelopment of the subject right-of-way for an improved parking area, with landscaping and walkways to the buildings located on the adjacent properties. This work will occur after the right-of-way has been closed and the required subdivision plat recorded. In the interim,the applicant has been using the Lord Dunmore Drive right-of-way for parking. • The public access to the Elizabeth River required by the Agreement is shown on the site plan. Also shown is the required public ingress/egress easement along the drive aisle of the parking lot on the western parcel.The easement runs from Lord Dunmore Drive to the public access easement that extends to the water. • 1) • B-4K - cee8q Zoning History B-2 # Request 1 �6 1 FVR(Fill in the Floodplain)Approved �`\ O, p_Z 02/28/2012 2 2 REZ(0-2 to B-4K[HK])Approved 04/10/2012 B-4K B-4 B-4K 3 REZ(R-7.5,0-2,and B-1A to B-4K[HK]) R- -fes Approved 04/10/2012 CUP(Multifamily Dwellings)Approved r ' 04/10/2012 11 I 3 4 STC(Oakmears Crescent)Approved 04/10/2012 - Ob co B-4K • 5 REZ(B-2 to B 4K(HK])Approved 05/19/2015 C Rio 4 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance Princess Anne Estate/VB Financial Center Agenda Item 13 Page 2 CR7—Conditional Rezoning SIC—Street Closure SVR—Subdivision Variance Public Utility Impacts Water There are 36-inch and a 24-inch water mains located within the right-of-way proposed for closure. An easement though the abandoned right-of-way for the water mains must be provided if requested by the Department of Public Utilities. Sewer There is an eight-inch sewer line located within the right-of-way proposed for closure.The line provides service to the western side of the property. An easement though the abandoned right-of-way must be provided if requested by the Department of Public Utilities. Evaluation and Recommendation Staff recommends approval of the requested closure of this portion of Lord Dunmore Drive with the conditions below. The request is consistent with the July 27,2010 Sale Agreement between the City and the applicant as part of the Princess Anne Road/S. Witchduck Road/Kempsville Road Intersection Improvement Capital Improvement Program Project.After the satisfaction of the conditions below,the applicant will develop the closed right-of-way for parking consistent with a site plan approved in 2012 for redevelopment of the site. The Street Closure Viewers met to consider the proposed closure of this right-of-way,and had no objections subject to the conditions below. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined as specified in the July 27, 2010 Sale Agreement [the 'Agreement'] between the City of Virginia Beach and the applicant.A copy of the Agreement has been made part of the file for this street closure application,which is available at the Planning Department. 2. The applicant shall submit a subdivision plat that incorporates the closed area into the adjoining parcels (referenced by the Agreement as the'Trotman Residue' [west of the closure area]and the 'VBFC Remainder' [east of the closure area]).The plat shall include a public easement for a boat launch, including access to two parking spaces,and a public ingress/egress easement,as specified in the Agreement.This plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Initial review indicates that there appear to be private utilities within the right-of-way proposed for closure. If it is determined that private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Easements for public water and sewer lines located within the closed area,satisfactory to the Virginia Beach Department of Public Utilities, must be provided on the plat referenced in Condition 2. Princess Anne Estate/VB Financial Center Agenda Item 13 Page 3 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Deportment of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(OPTED)concepts and strategies as they pertain to this site. Princess Anne Estate/VB Financial Center Agenda Item 13 Page 4 Street Closure Exhibit PR/^CFS, DENTEO BE O N %U100 t ( - CLOSED ON ro1D0�slcnoa'Oqp ,� a ;----- �o,T•)D°p fi53g 080 049 BAR R/W y` 1T/pl 315,r H' DI - n1q /i) DR)�k S)qP C Bp4Di 4A.0 FF1 lSgq,C Ex CIXI011tlER� M/ Y \--111711- LURB h - PROPERTY ROPEEXISTING ,_- �1 E%ISTIN _ �`a�._p 'II w IINOPER NOW %tOPEFORMERLY VIER Y # OF I! �I LINE 1MR(NUA BEAN MAADAL Q]IIIX, WC PROPERTY ➢ O n l DB-1114 P. H9 �-• 0 1 r IN. 20100030000997040(PLAT) NOW OR FDRMFRIY _ IN. 2o10p8x1CDN97091(PLA1) 'MIMS AMIE ESTATE TRUST C ', 1 IN. 2010(922601000510 ; ' IYIH. 1W6-60-1910 N. 20 N. 1WCM530lltPLAT) - ...,--i X11 N. 1466-68;110....---- - -,1. am ) I I o , P I E%IB¶NG ', I ORY BWCM f C1BULDIN - • L dF1�237 1 o 1 On .EY I,GNCiC I1 411(WP1Y -100 �CW�LLEa W IJt 01 y b i t1 5.7 I � � / r� I .4- i,\% Act q- ‘ C� 'E AT.TN op A ( 1 f i 2�O 0� i , 9A1 n' L 1� QJ � w/ 6 ° 1,I �eO�e 0 DAVID W. DAIL > T Dw.;gL',1 L LIC No 2871 AP ? 2_7_17 yo 1'T'p STREET CLOSURE E%HIBIT 10,645 S.F. OF LORD DUNMORE DRIVE LOCATED BETWEEN PROPERTY OF PRINCESS ANNE ESTATE 1RUS1 & VIRGINIA BEACH FINANCIAL CENTER. INC TO BE CLOSED VRCINIA BEACH, VIRGINIA SCALE' T' 25' FEBRUARY 7. 2017 STEPHEN I. BOONE & ASSOCIATES. P.C. IMO SLIRWYORS PORTSMOUTH, NRLINA 10-72 exnpbi14wg Princess Anne Estate/VB Financial Center Agenda Item 13 Page 5 2012 Site Plan Showing Area of Closure and Proposed Easements • P. IIN°7 01 1 053810 • Ami •� ' OEsS-q�11 77" /`NE Jo nl Iwroe.Imr (1/, qRR/W) N� INir a WC? PROMO'Ci RCII/RDC 11011A, - I IINgN CEN113 1/491C C.1101/M _ l \ I•'$ D&!2U P.I' ARO.1006011101171! I .`/ 1l-I....g_\7 ,.A'!/!/!` _ `lit �I _{,.rl, - Y4 32 P.5[ CPR 1466-68 1966 I /! /—�- i • -6 zcr 01 I !6�} -7' es ,=- '1 711E0 616 (II•E'Or.1M:11/rANC.) / I(; ;1 Iv r Y I. ,�►�+� '!�. - ,i P901 �� .� •; �:, n �, .x I,` .4,: f / 11m PROPOSED PUBLIC / - ` ;r .,av � ' -_ `~ ' ACCESS EASEMENT ®1 (FOR WATER ACCESS) / 1 -.'�Y Ls• A • I'''I\ L Ia.1 7A �.: ` \ V•• ° t es4-.i. t pgi- STREET. .. '\ fes, 1 LL AREA• cCLOSURE /,�`\\ .F " .� ... �\ CI �. l M' \, .' i‘;11.; II ..,0 ,p ,•- E,. + ..,;. C� Z .4.w.r nnvs,<v 1 ,../. '1 �� \ - / Ilii �\ , / PM.65700111' lit L 7A' I, ? / Iv.X0/0377012144 NY) •\ - 4.2 47 1.7 �\ CM•466-511 9274 :• / )011D 110 •> „lam _/ —- �, -__--_ S ..,,,..: .... t r0 NI; X01' { Si �tT MN IVP -6 ^,x • IIHN N 1,g2:1 '5 E''1.10 RRIIK. I O>'C> I'-T I1 16�{)I)`•,• '117`e7 P. - ! Princess Anne Estate/VB Financial Center Agenda Item 13 Page 6 Site Photos 1 4 . ,F I * NI . : k 4. tat or:11),:;, ._ 11 t f' n �:1 • ,..t _ ], ',' `T i _ ill i _.1{ -+' N. a �._.. ti l , ---:,.... , ... ,.,,F.400, ..,, _ _____ Ili A ID . , , 'r:'.. .. f -A ii.x. i .. . Il Princess Anne Estate/VB Financial Center Agenda Item 13 Page 7 Disclosure Statement V3 -� lirvlllNin Pp:u'L APPLICANT'S NAME 4:got--ci r /7 oa✓I,ev Aft C and %4177-ac /eo.) 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 est ..rn?iner' r t` c torn- an. . - r r, to inform I< otiinals who - - y vote nn I. rpo'iCFtiol: as to Whet - they have a cunt hi t of u•rrrest unrL• Vii()Via .am. SECTION 1 / APPLICANT DISCLOSURE ... Page l of t ® �� n 6 rv.nx, L ®Ir41YYlIL1Ya Princess Anne Estate/VB Financial Center Agenda Item 13 Page 8 Disclosure Statement v3 Virginia Beach 0 Check here If the APPIJCANT IS NOT a corporation, partnership, firm, b siness,or other unincorporated organization. I/ Check here if the APPLICANLS a corporation, partnership, firm, business, or other unincorporated organization. D / / ,,// (A) List the Applicant's all is name:_ nes: _ /,lcr4 L%hcncic (estieV, �h < .(y41;• If an LLC,list all member's names: Ardent -r,l e_ Gu>r L .�� ^+• /Nhc e,i ,vqn e_A-1 4e_ Lu} (t/a. /?GI rAN i O F'" icio ' .J L.. awl dui.r-.....-C if a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below (Attach(11aftt If necessary) PCS 24 0. L F /^ie//can aru4C4 t'a/ Jou /u(e/2w U/S l /" /ch//ka.� 044,aV ad, LmiPI cm rf (B) List the businesses that have a parent-subsidlary I or affiliated business entity z relationship with the Applicant: (Attach list If necessary) N, See next page for Information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If nronenv owner is AMJdent from AODOcant. 0 Check here If the PROPERTY OWNFR IS NOT a corporation,partnership,firm, business,or other unincorporated organization. D Check here if the PROPFRTY OWNER/S a corporation, partnership,firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name: N/A(Public Right-of-way) If an LLC, list the member's names: Page 2 of 7 Princess Anne Estate/VB Financial Center Agenda Item 13 Page 9 Disclosure Statement VirginiaBeach If a Corporation, list the names ofall officers,directors, members.trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner (Attach list If necessary) 'Parent-subsidiary relationship means a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of Me voting power of another corporation.' See Stare and total Government Conflict of Interests Act,Va. code§22-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when O)one business entity has a cmVoilbg ownership interest In the other business entity,00 a controlling owner in one entity Is also a controlling miner in the other entity,or (lig there Is shared management or antral between the business entitles. Factors Mat should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and coral Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the;ubiect of the aoolication or any business oceratino or to be operated on the Property. If the answer to any Item is YES, please identify the Arm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Princess Anne Estate/VB Financial Center Agenda Item 13 Page 10 Disclosure Statement V3 APPLICANT Virginia Beech YES NO SERVICE PROVIDER(use smltienal sheets wadi ❑ ® Accounting and/or prepare(of your to return ❑ © Architect/Landscape Architect/ Land planner Contract Purchaser Mash clan ❑ the Anolkant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ (identify purchaserr of the s)antd property purchaser's service providers) ❑ 2 Constmcuon contractors ❑ ❑ Engineers/Surveyors/Agents Flnandng(include current 'n" Ont " 4 . 1.1.1.�.--re ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construcdon of the property) . . ❑ © Legal Servkes Real Estate Brokers/ ❑ .g Agents/Reahors for current and R� antidpated 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 ❑ Ri 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 of 7 Princess Anne Estate/VB Financial Center Agenda Item 13 Page 11 Disclosure Statement Vilwma reach CERTFI0T70N: 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 APPI ihn c tC..L nan.•1r+{c.._� y /90lu, .4744.-1 dego APP0Gwr554G TRF PNMT NAME DAh CEniFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1 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, Coundl, VEDA meeting, or meting of any public body or committee in connection with this APPlication. r.., h,-.c /,y cc&I A n. c 6'.ct/o ri Jolt carr..J,f ay. u,-,n•_ C:7 PROPERTY ONNEAS SIL TIRE PRINT NAME t 10. Page 5 of Princess Anne Estate/VB Financial Center Agenda Item 13 Page 12 Item#13 Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. Discontinuance,closure and abandonment of a portion of Lord Dunmore, approximately 200 feet In length between Princess Anne Road and relocated Lord Dunmore Drive District 2 Kempsville July 12, 2017 REGULAR Jan Rucinski: Our last item, I believe, let me double check,our last on item on the agenda is item 13. An application of Princess Anne Estate Trust and Virginia Beach Financial Center, Inc.,for a discontinuance, closure and abandonment of a portion of Lord Dunmore Drive, approximately 200 feet in length, between Princess Anne Road and relocated Lord Dunmore Drive, District 2, Kemspville. Is the applicant here? Ed Halloran: Good afternoon. I'm Ed Halloran. I am the applicant.These organizations are owned by me. The street closure that we're speaking of physically occurred six years ago. I am an attorney,and I practice law at the Carriage House in this old grand building. I moved the Manor House,which used to be here on Princess Anne Road to this location,and what we're talking about is the road closure of what's left of the old Lord Dunmore. Presently, it is being used as excess parking for my law office, and my friends in Fairfield that are here today.This will not affect whatsoever the traffic patterns on Lord Dunmore.Once this is formally abandoned and closed, I will be able to finish the parking lot,get moving on the Manor House,and make it look more presentable than it is now.So, I'm open for questions if you have any? Bob Thornton: Any questions of Mr. Halloran? Thank you.There appears to be three speakers. It is kind of interesting, I came back,and most people left; so, I am kind of wondering if they would rather me be gone. Anyway,the first speaker in opposition to this is Bob Larmore. Would you please come forward sir? Bob Larmore: Thank you Mr.Chairman and Board. When we saw the red sign... Ed Weeden: State your name for the record please? Bob Larmore:Oh I'm sorry. I'm Bob Larmore. 5568 Normandy Avenue,Avalon Terrace area. Bob Thornton: Thank you. Bob Larmore: We have been long time members at Emmanuel Episcopal Church since 1969,and when we saw the red sign that street closure, my wife and I did not realize what that meant, and we were afraid that maybe that whole Lord Dunmore was going to come to a dead end,and not feed into Princess Anne Road as it now is, because Lord Dunmore has always fed into Princess Anne Road for as long back as we can remember. It was discovered from when it started to be built. So we were alarmed of what that sign meant, and that is why we are here.We are not opposed to what this gentleman wants to do, because we understand how he had to move his building when the expanded road came behind the church.We were deeply involved with that with the City Council,and Planning, and whoever about the church property, which we gave up through imminent domain that Princess Anne Road,as we Item#13 Princess Anne Estate Trust&Virginia Beach Financial Center, Inc. Page 2 now understand it,as it is.So,we've been here for four hours. It has been interesting listening. I haven't been to one of these things in a long time.And I'm very much at ease at what's happening, and now I understand why the Fairfield Civic League is not here.So,thank you very much. Bob Thornton: Thank you.The next speaker is W.T. Flanagan. W.T. Flanagan: My name is William Flanagan. I live at 5250 Jacob Court,which is a stone's throw,which I thought was going to be the closure of Lord Dunmore.As the last gentleman spoke, since it isn't that, and it is only going to be an area at the lawyer's office, I have no complaints at all. Bob Thornton: Thank you sir. Are there any questions of the speaker?Thank you.And the last speaker is Teresa Kaiser. Teresa Kaiser: I'm going to kill him for letting me sit here for four hours over this. Jan Rucinski: He probably didn't know he was going to sit there for four hours either. Teresa Kaiser: I am Teresa Kaiser, and my biggest reason for coming here today was my parents are in their 80s.They live at the north end.There are haunted houses at the north end. I was afraid you were going to close up access, which would affect emergency vehicles. I just want to make sure that is not the case.What this gentleman said is we are still going to get onto Princess Anne Road. My only suggestion is put stop signs at both of the two streets where the apartments are coming out so you can stop some of that congestion. David Weiner: Bob? Bob Thornton: David. David Weiner: For all those that came out to speak today, sorry you have been here for four hours. But you really need to get with the Fairfield Civic League, because there is a petition coming out to close that road. It has been out for a while now.So be part of the civic league.Join,get there.Voice your opinion. This is not the time to do it right now. Teresa Kaiser: It is a little hard for them, but I will do it for them. David Weiner: Just think about that. Teresa Kaiser: Alright.Thank you. David Weiner: Just think about that. It is out there to be closed. Teresa Kaiser: Okay.Thank you. Bob Thornton: Thank you. Item#13 Princess Anne Estate Trust&Virginia Beach Financial Center, Inc. Page 3 Teresa Kaiser: Thank you. Bob Thornton: One question. Stephen,you left us a note. Is this apropos or do we need to proceed? Stephen White: Proceed. Bob Thornton: Proceed. I am not sure. I need for you to proceed, because I am not sure what we are supposed to do this. Just forget this? Stephen White: Just forget it. Bob Thornton: Forget it and carry on?Okay. Close the public hearing, and open it up for comment amongst the Commissioners. David? Ronald Ripley: A motion to approve. Bob Thornton: A motion by Mr. Ripley and seconded by Mr. Weiner. Ed Weeden:Who made the motion? Bob Thornton: Mr. Ripley and seconded by Mr.Weiner. Ronald Ripley: I just want to disclose that I do own property across the street, but I have no financial interest in this property at all. Bob Thornton: Okay. Thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission has approved the application of Princess Anne Estate Trust and Virginia Beach Financial Center, Inc. Bob Thornton: If there is no further business that we need to conduct, if not,the meeting is adjourned. Item#13 Princess Anne Estate Trust&Virginia Beach Financial Center, Inc. Page 4 Conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined as specified in the July 27, 2010 Sale Agreement [the'Agreement'] between the City of Virginia Beach and the applicant.A copy of the Agreement has been made part of the file for this street closure application, which is available at the Planning Department. 2. The applicant shall submit a subdivision plat that incorporates the closed area into the adjoining parcels (referenced by the Agreement as the'Trotman Residue' [west of the closure area] and the 'VBFC Remainder' [east of the closure area]).The plat shall include a public easement for a boat launch, including access to two parking spaces,and a public ingress/egress easement, as specified in the Agreement.This plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Initial review indicates that there appear to be private utilities within the right-of-way proposed for closure. If it is determined that private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Easements for public water and sewer lines located within the closed area,satisfactory to the Virginia Beach Department of Public Utilities, must be provided on the plat referenced in Condition 2. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. '•-•'' •''.- -:'2..Vri::;:r f..„:, - •-,,,_ i -...., -,,,.. - 1 fj -'--•:,:: . 1,. '...... ...,.... ....„ / ge /..,7,,........,..IL/ ...".'""'"....,., 1'''',......1 `7. 1 ....,.....,,,i k ......,.. I f------ - i ,. 1 i Q-7 ..,........ ....,,,,... f,..., . gr. , 1 i / --1.4...„.. ; „..... „ ...,,. ...... Ci 1 --- ____ ....., . .......„). a. 2,.....jzi.......„ 1 - ...., gr I --- -..._ -...,• 1 r . . .. I • -- 0 • • ---•-•,. lo / • - . . -.. II t, .....,,, , , : 4# JD -,..„... I i _ _... I _ - -.3 •_. ._,......__ --t„......„, _... , ..•.. ......... - ......,„__ ... ...... _ ___ -........., ----...... ...... ,... 0 /1-- N...,.. „ -, r., ---7 ._ i ,.. -... / / • , 1 n i ... 1.- I--- „...„, .• .• t 1 • / .. -..... --- "" --- ----*-1 \ ,. . ,... t a .._ ! il \Et. .,...„ s:::::\ s' / jr--..„............... l' . , / 1 . 0... ' I... ...., . _1 4 f—-7 •••• ? ...,.•, , ,.... ••• , .._., eA Al al riri°MON 0 6 ...„ pppi6..eocs....o.;......00.,__,. .. _.-- .,, ,ol 41 R 01 . Ill ,! ,,, , ,. 414- : --......"`"ss.........4. 1 .— i II 11 i 1 CP :II gni ir I 11 ( 1 l 1 I I 1 _....„.....,°""'". .• I • 01 1 . , ..-- 1 I1 , II1 , . .. 1 I 1 \\ _,...,-,— , 1--- [ NI ::s:1-, .`. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: IPA ENTERPRISES, LLC [Applicant] HIGINIO R. JIMENEZ [Property Owner] Conditional Use Permit (Home Occupation - Retail Sales (Firearms)) 929 Boughton Way (GPIN 1496428580) COUNCIL DISTRICT— ROSE HALL MEETING DATE: September 19, 2017 • Background: The applicant desires to provide operational and logistical equipment to government agencies. According to the applicant, business will be completed through government contracts with governmental entities. As part of the operation, the applicant is required to obtain a Federal Firearms License (FFL) in order to complete firearms transfer transactions. A majority of the firearms will be transferred directly to the buyer through drop shipping. These sales will be conducted exclusively via the internet. A small portion of the overall business will include sales of firearms to local buyers with the option to conduct the transfer at the subject site. The applicant will complete the required state and federal background checks before transferring the firearm to the buyer. ■ Considerations: No sign to advertise the business is proposed or will be permitted. All federally controlled items will be stored in secured steel vaults and will be required to be secured in accordance with federal regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. A report will be written by the Police Department and a copy will be provided to the applicant. The applicant submitted six letters from surrounding neighbors expressing their support of the request. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. • 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, subject to the conditions below. 1. The applicant shall obtain and maintain a Federal Firearms License through the Bureau of Alcohol, Tobacco, Firearm and Explosives, as required by law. IPA Enterprises, LLC Page 2 of 2 2. The Home Occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than five (5) hand-to-hand transactions per month from the dwelling. 5. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 6. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 8. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 9. There shall be no more than one (1) employee, other than the home owner, on the property associated with this home-based business. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D m ency: Planning Departmen City Manager: Applicant IPA Enterprises, LLC Agenda Item Property Owner Higinio R. Jimenez r Public Hearing August 9, 2017 City Council Election District Rose Hall 3 Virginia Beach Request -3' AP)) Conditional Use Permit (Home Occupation— "'f i- ., o� ,. t Retail Sales (Firearms)) a , ,It AV[) C 646 S�P)i1 Ci'". AP/1 Staff Recommendation Approval r >75 d8 DNL 3e' /4. Staff Planner e f•d awe 4 Robert Davis Dante Place Dub a%place Location 929 Boughton Way F t GPIN 1496428580 `�""Place Nags Hollow dooltvrd Site Size 6,931 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District • Single-family dwelling/ PD-H1 Planned Unit ti•• ' Development % o Surrounding Land Uses and Zoning Districts - North �` t 4. Single-family dwellings/PD-H1 Planned Unit Development ,r,?� /4 South ,r, j• Single-family dwellings/PD-H1 Planned Unit r, t �' . , gr. ' :rt ; v i Development �- • East • t , '4 I' `- ,• a S Boughton Way ' ,., .•--' .. l . Single-family dwellings/PD-H1 Planned Unit 11111:1t. , . p. 1, ,,,, ,. . ,:,1„. Development . West Single-family dwellings/PD-H1 Planned Unit Development IPA Enterprises, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant desires to provide operational and logistical equipment to government agencies.According to the applicant, business will be completed through government contracts with governmental entities. • As part of their operation,the applicant is required to obtain a Federal Firearms License (FFL) in order to complete firearms transfer transactions. • A majority of the firearms will not be stored at the site, but rather will be transferred directly to the buyer(s) respective licensed FFL dealer of their choice through drop shipping. These sales will be conducted exclusively via the internet. • A small portion of the overall business will include sales of firearms to local buyers with the option to conduct the transfer at the subject site. The applicant will complete the required state and federal background checks before transferring the firearm to the buyer. • Firearms will not be available for general retail sales to the public. All transactions will be by appointment only. • All federally controlled items will be stored in secured steel vaults and will be required to be secured in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. A report will be written by the Police Department and a copy will be provided to the applicant. • No sign to advertise the business is proposed or will be permitted. PD-111 •D-HI ;•, No Zoning History to Report o,„ 8 % % PDJ11 fires i11 r Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance IPA Enterprises, LLC Agenda Item 3 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts No traffic impact is anticipated with this request. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation Section 234 of the Zoning Ordinance specifically addresses standards that regulate Home Occupations: (a) Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however,this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood,and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No sign shall be permitted. However,as an exception,the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one(1)sign, not to be illuminated or to exceed one (1)square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust,vibration,smell, smoke,glare,electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded:Convalescent or nursing homes,tourist homes,massage parlors, radio or television repair shops,auto repair shops, or similar establishments. The proposed request to operate a Home Occupation, Retail Sales (Firearms),from the existing single-family dwelling in Staff's opinion will not change the character of the surrounding area, as it is a very low intensity use. Commercial delivery of products will not occur at a rate greater than what is normally anticipated in a neighborhood setting. All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery by the applicant's signature,as is required by law. No packages containing such products will be left at the site without IPA Enterprises,LLC Agenda Item 3 Page 3 properly being transferred to the applicant.The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the surrounding area. As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary. • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force,or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms,firearm supplies,firearms parts,and money may be stored • If there are children in the home,the assessing officer will review safety measures as it pertains to firearms and the children The applicant has submitted six letters of support from the adjacent and surrounding neighbors. Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall obtain and maintain a Federal Firearms License through the Bureau of Alcohol,Tobacco, Firearm and Explosives,as required by law. 2. The Home Occupation shall not create noise,dust,vibration,smell,smoke,glare,electrical interference,fire hazard,or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than five(5) hand-to-hand transactions per month from the dwelling. 5. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. 6. Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment.A report shall be written by the Police Department, a copy provided to the applicant,the Planning Department,and a copy retained by the Police Department. 8. All small arms ammunition,primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. IPA Enterprises,LLC Agenda Item 3 Page 4 9. There shall be no more than one(1)employee,other than the home owner,on the property associated with this home-based business. 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 Deportment for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. IPA Enterprises, LLC Agenda Item 3 Page 5 Site Photos :—�`' .sem —1 P IPA Enterprises, LLC Agenda Item 3 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME IPA Enterprises, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board 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 lia kr/ovar go Robert Davis IPA Enterprises, LLC Agenda Item 3 Page 7 Disclosure Statement Virginia Beach ❑ Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. MCheck here if the APPIJCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:IPA Enterprises, LLC If an LLC, list all member's names: Higinio R. Jimenez If a CORPORATION, list the the names of all officers. directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 • , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 ppfy If nrouanv owner Is different from Aonikan(. 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_Hgnio R. Jimenez If an LLC, list the member's names: Page 2 of 7 IPA Enterprises,LLC Agenda Item 3 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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. Codes 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. Oil a controlling owner inentity is also a controlling owner in the other entity. or (iii( there is shared management orcontrole betvwen 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 (rinds or assetsthe business entities share the rise of the same offices or empbyees or other ,se share activities, resources or personnel on a regular basis: or there is otherwise a cbse working relationship between the entities" See State and Local Government Conflkt of Interests Act Va.Cade 5 2.2-3101. • S 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 SEFERATELV Page 3 of 7 IPA Enterprises, LLC Agenda Item 3 Page 9 Disclosure Statement APPLICANT 3nia YES NO SERVICE PROVIDER(use eaMaonu sheets it needed) Z ❑ Accounting and/or preparer of Dap Patel&Company,LLC your tax return ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser Of other than ® She AoolkanO-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) l�• ® Construction Contractors I I ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ZLegal Services Real Estate Brokers / I I ® Agents/Realtors for current and anticipated future sales of the subject property a a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 IPA Enterprises,LLC Agenda Item 3 Page 10 Disclosure Statement • AV. 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. . i '.n. G.ci,...on 5/25/2017 AA. %p °i`" �- T ...e ..e — - AP' NT. IGNATURf PRINT NAME DATE Page 5 of 7 IPA Enterprises,LLC Agenda Item 3 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(useadditional sheets if needed) ® Accounting and/or preparer of Dilip Patel a Company.LLP your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than 0 Z Ike Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed f ® purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) n^ ® Construction Contractors 1 1 ® Engineers/Surveyors/Agents Financing(include current PNC Mortgage ® ❑ 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 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 }merest? Page 6 of ? IPA Enterprises, LLC Agenda Item 3 Page 12 Disclosure Statement Ia Vrginia Bomb 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 !kation. _ _ N1cri N,a C . J\.„p.Al2.2 5/2s/2017 --P-2, PR RTY ER'S SIGNATURE,'" PRINT NAME _ DATE Page )of IPA Enterprises, LLC Agenda Item 3 Page 13 Item#3 IPA Enterprises, L.L.C. Conditional Use Permit 929 Boughton Way District 3 Rose Hall August 9,2017 CONSENT An application of IPA Enterprises, L.L.C.for a Conditional Use Permit(Home Occupation—Retail Sales— Firearms) on property located at 929 Boughton Way, District 3, Rose Hall. GPIN: 1496-42-8580-0000. CONDITIONS 1. The applicant shall obtain and maintain a Federal Firearms License through the Bureau of Alcohol, Tobacco, Firearm and Explosives,as required by law. 2. The Home Occupation shall not create noise,dust,vibration,smell,smoke,glare, electrical interference,fire hazard,or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than five (5) hand-to-hand transactions per month from the dwelling. 5. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. 6. Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container.The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant,the Planning Department,and a copy retained by the Police Department. 8. All small arms ammunition, primers,smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 9. There shall be no more than one (1)employee,other than the home owner,on the property associated with this home-based business. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 3. Item 43 IPA Enterprises, L.L.C. Page 2 AYE11 NAYO ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 3 for consent. Higinio R.Jimenez appeared before the Commission. . - N'Ilz-1 \/ * V \/0,& ''' 1*-V\1,- 1 ikohip* vco,, , , - . ).() # 4' '<%.* 0 e'!\\ 0 s ' > '4,1\ 19 -* 1 All tot7i It • s. .°4* -Cm t* ;‘ 0 * A\Fo __:, vsx i'll ,- **440 ,S(404-ef.se'‘ \ • °s---k CIP0116, \ - 411741rAlio 7%i arrarli, ' le, . , 0 1,#0,, ,_ . ,.. ,- -,, ...p. t _a,.4 7 . 4 , -• 0 t \ ' \ \, . iv' 11,4 ,,_.s ,t,v..444.4} ,* 19.0411W 1110*4 49. 0 . --''. ei2 ,410 „"jrit (3 •NL---- ,,,; 4 Pt-Nat:: ., •V-N< .()__ 42 IP 1" . 1))•4,, 440i-of win s9 al*; , \iip ib, 44\ e, 0 V. 0 tiGY V 44114P • Itt‘ i . C-319 C7 0,1114 Ill #I4, NI% poth ,* N 40 - l4AV IS. riga k• --46•NN ,4•41.4. an,pr-:_ . A oilit't I; * • *# .44k •0 time- 0- * 4.4 . 0 ete o ♦ o :‘44N. •stv;. - $ __*A• 11V\ % - 'Aiwa e *4& 4484,4 **01Y-e• '‘'-1-, \ \ .114V)844tit . .v *141:4_,_----_-- Immo t*o '\0 .; N N Niik ,, Ali 44L IP. #ke \ co Ntv -"*" N * • %zaps vo 4 oI 3 4LSNX‘. \m 0400°°.°P.. • 1:11C 140- 11314*" - 'Er -- ‘A 4A - ' -._0 Ale '-- _,fNo ,7,.,,,,, . _t4.1..4t, 4: � e: S • '�� - . T- et _ /\ V - .4 r ' I ) * 43114 -� A- ' ,4 � 0 Z K,r er„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SXCW PROPERTIES II, LLC [Applicant] FULTON BANK [Property Owner] Conditional Use Permits (Car Wash & Automobile Service Station) 3264 Holland Road (GPIN 1495093490) COUNCIL DISTRICT— ROSE HALL MEETING DATE: September 19, 2017 ■ Background: This is a request to develop a vacant site with a single-track automatic car wash and a 10-pump gas station. A Conditional Use Permit is required for both the car wash and the gas station. This item was deferred by the Planning Commission at the July 12, 2017 public hearing in order to revise the area covered by the requested Conditional Use Permits. Vehicular access is limited to a single point of ingress/egress along Warwick Drive. The 20 depicted parking spaces will also serve as vacuuming stations. It is anticipated that up to six employees will work on the site at any one time. As required, a 15-foot buffer is depicted along the property line shared with the backyards of the existing adjacent townhouse development. However, the applicant has requested a deviation to the requirement of planting Category VI plant material as it would create an alley with no visibility due to the presence of an existing fence on the neighbors' properties. Rather, Staff has requested that this area be planted with a mix of evergreen and deciduous trees that may be limbed up to six feet in order to provide visibility below the fence line, while still providing the appropriate screening to the residences above the fence line. The applicant is agreeable to this deviation, as recommended by Staff in Condition 6. • Considerations: The proposed site layout, in Staffs opinion, is respectful of the existing neighborhood by locating the most intense use along Holland Road, away from the dwellings. The applicant has significantly altered the design to eliminate a majority of the primary colors proposed on the buildings and on the structures. Some red accents remain; however, Staff is of the opinion that the proposed elevations depict buildings and structures that will blend in with the new development typical of this area. A condition is recommended that prohibits eating and drinking establishments and convenience stores from occupying the site. In an additional effort to ensure compatibility with the neighborhood, the applicant has proposed a brick wall, eight feet in height, to provide a visual and physical barrier between the site and Old Club House Road. To further alleviate impacts to the neighborhood, the Planning Commission added Condition 13 that will limit the hours of operation for both of the uses from 7:00 a.m. to 9:00 p.m., seven days a week. SXCW Properties II, LLC Page 2 of 3 There were two speakers in opposition to the request who noted concerns related to traffic, and questioned the necessity of an additional car wash facility at this location. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. • 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, subject to the conditions below. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SAM'S XPRESS CAR WASH & GAS STATION PREPARED FOR SAM'S REAL ESTATE," prepared by Kimley Horn, dated May 1, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Sam's Xpress Car Wash, Sheet numbers A200, A203, A204, A250 & A251," prepared by R IV Architecture, and dated July 13, 2017 and May 1, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Sam's Xpress-Virginia Beach" prepared by Casco Signs Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. SXCW Properties II, LLC Page 3 of 3 6. The 15-foot landscape buffer adjacent to the existing Apartment District depicted in the Site Layout referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect that can be limbed up to six feet in height. Said plant material shall include a mix of 70% evergreen trees and 30% deciduous trees. Said buffer shall be properly maintained and any dead, diseased or dying plant material shall be replaced. 7. The following uses will be prohibited on the site: a. Eating and drinking establishments with a drive-thru b. Convenience stores 8. The red synergy element depicted in the submitted fuel canopy elevations shall not be permitted. 9. The hoses for the vacuum system shall be black in color. 10.Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement shall be recorded on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. 11.As depicted on the submitted site layout in Condition 1, a brick screen wall eight feet in height shall be constructed along Old Clubhouse Road. 12.The existing freestanding neighborhood sign for Scarborough Square shall be replaced with a freestanding sign, no taller than six (6) feet in height measured from the ground to the top of the sign and shall be substantially in appearance as depicted on the submitted sign exhibit entitled "SAM'S REAL ESTATE — SCARBOROUGH SQUARE," dated 7/11/11 and prepared by Casco Signs Incorporated. Said sign shall be located as depicted on the site layout referenced in Condition 1 above. 13.The hours of operation on the site shall be between the hours of 7:00 a.m. to 9:00 p.m. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dwent/Agency: Planning Department�.�/y�City ManagerI Applicant SXCW Properties II, LLC, a NC limited partnership Agenda Item Property Owner Fulton Bank Public Hearing August 9, 2017 (Previously Deferred on July 12,2017) D2 City of City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit(Car Wash & �° .,<...s + o„ Automobile Service Station) mr `.l" �s ` 4 f° ,O4°° .,, 415 t N:ln AV Staff Recommendation °•-' CQ", ',6,,,, , 5dBON` Approval cc 'La + 4yAl,„4514, a' Staff Planner v 70.75 d8OHL 4M;, , 64570 d8 Orn "4,� Jimmy McNamara 'o,N - F v"_• Location .• s 3264 Holland Road ' i GPIN cam°- 1495093490 U Site Size 4.49 acres AICUZ 70-75 dB DNL, a small portion of APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District F.. , , • .• • ' ,,, 1!; .4• Vacant lot/ B-2 Community Business - k� .. /` ,4'; . •yz: 4`' - tet`' ` <'//, `r< • ^4 ' +Mt, di • s. Surrounding Land Uses and Zoning Districts a ..)i(/ •, f o`'r �,� ., ;i North - ' S, _ k�� '.� .. °• " " R t ' '.�. . •Spm '''',,.*•1. Townhomes/A 12 Apartment '' • ,P,..'6,!,. ..i' 1'4c �`` . . South wc +A }liT,. e44r Warwick Drive iF 7. ar , ! y , . - • ' Site under construction / B-2 Community -.1*: •. I � ,1 Business v dl East fi • ,� a Townhomes/A-12 Apartment .¢"N. • 'art'k, t West 1, a .t.` 'r Holland Road " '' `�•1•• ' _. � , Child daycare,townhomes/ B-2 Community7•� ,'"'-r.- „IdA A e Business, PD-H1 Planned Unit Development SXCW Properties II, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This item was deferred by the Planning Commission at the July 12, 2017 public hearing in order to revise the area covered by the requested Conditional Use Permit. • This is a request to develop a vacant site with a single-track automatic car wash and a 10-pump gas station. • Proposed hours of operation for both of the uses will be from 7:00 a.m. to 9:00 p.m.,seven days a week. It is anticipated that up to six employees will work on the site at any one time. • The submitted layout depicts an ingress/egress point along Warwick Drive,across the street from the nearby commercial shopping center's entrance. No additional access is proposed along Holland Road or Old Clubhouse Road. • The car wash facility is proposed to be 106 feet long,and constructed with a mixture of brown and gray brick, cement stucco,and an aluminum curtain wall system. • While most of the car wash building will be 16 feet in height,a tower feature with red decorative trellises at a height of 28 feet is proposed on the front of the building facing Holland Road. Cars will enter the facility from the rear and any stacking of vehicles will not be visible from the right-of-way. • A 134-foot long by 30-foot wide fuel canopy is proposed at the front of the site along Warwick Drive and Holland Road. • Parking for the uses will be accommodated behind the car wash facility. The 20 depicted parking spaces will also serve as vacuuming stations. Twelve of these spaces are proposed to be served by a canister vacuum system. Eight of the spaces will be located under a canopy and served by vacuum hoses attached to the ceiling of the canopy. These hoses are proposed to be black in color. The canopy is depicted with a gray standing seam roof with red edge accents and supports. • Similar to the vacuum canopy,a vending machine canopy and brick enclosure, eight feet in height, is also proposed to be located in the middle of the site. The proposed dumpster is also depicted with a brick enclosure that matches the materials of the car wash facility. • A brick screening wall, eight feet in height, and landscaping along the eastern side of the property is proposed to provide a visual screen of the site from Old Clubhouse Road. • The required streetscape,foundation and perimeter landscaping are depicted on the site layout. As required,a 15-foot yard is depicted along the property line shared with the backyards of the existing adjacent townhouse development. However,the applicant has requested a deviation to the requirement of planting Category VI plant material as it would create an alley with no visibility due to the presence of an existing fence on the neighbors' properties. Rather,Staff has requested that this area be planted with a mix of evergreen and deciduous trees that may be limbed up to six feet in order to provide visibility below the fence line,while still providing the appropriate screening to the residences above the fence line. • A freestanding monument sign with a brick base is proposed along Holland Road. • The submitted layout shows a proposed future subdivision of the 4.49-acre site that will result in the creation of a nearly two acre outparcel located in the rear of the site, adjacent to the existing neighborhood. SXCW Properties II, LLC Agenda Item D2 Page 2 .mac �� ,4., '' Zoning History JJ• �� J�� # Request /,!',. • e°e4 `' 1 CUP(Automobile Service Station with Car Wash) Denied a %�` ys 08/28/2007 i �/, `'oma 2 CUP(Automobile Service Station with Automobile Repair '!/ tea' 4 Garage)Approved 08/24/1999 �` R'' 3 CUP(Automobile Repair Garage)Approved 07/12/2016 ' - '14^�'� . -' 4 CRZ(A-12 to R-5D)Approved 10/14/1994 i i5., 1:. c-----7-. m r.. R-SD` Ci R-SD Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. A portion of this site is located in the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. No development is proposed in this portion of the site. There do not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 31,719 ADT' 22,800 ADT'(LOS° "D") 27,400 ADT 1 (LOS° "E") Existing Land Use 2-2,453 ADT Warwick Drive No Data Available 6,200 ADT'(LOS""C") Proposed Land Use 3-1,528 ADT 11,100 ADT 1 (LOS° "E") 'Average Daily Trips 2as defined by 4.46 acres of 3as defined by a car wash and a gas °LOS=Level of Service 8-2 zoned property station with 10 pumps SXCW Properties II, LLC Agenda Item D2 Page 3 Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Holland Road, in the vicinity of this application,is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides in a 95-foot wide right-of-way. The MTP proposes a six-lane facility within a 165-foot wide right-of-way. There are no current roadway CIP projects slated for this segment of roadway. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water main along Holland Road,an eight-inch City water main and four-inch plugged water service line along Warwick Drive and a six-inch City water main along Old Clubhouse Road. Sewer The site must conned to City sewer. Pump Station#548,which serves this site,has capacity limitation that may require system modification depending on the expected sanitary sewer flow from the proposed facility. There is an existing eight-inch City gravity sanitary sewer main along Warwick Drive. There is an existing eight-inch City gravity sanitary sewer main along Old Clubhouse Road. Evaluation and Recommendation The proposed request to develop the site with a car wash and gas station is acceptable. The proposed site layout,in Staff's opinion,is respectful of the existing neighborhood by looting the most intense use along Holland Road,away from the dwellings. In an effort to ensure compatibility with the neighborhood,the applicant has proposed a brick wall, eight feet in height,to provide a visual and physical barrier between the site and Old Club House Road. Staff also recommends a condition that limits the uses on the future proposed outparcel. The applicant has significantly altered the design to eliminate a majority of the primary colors proposed on the buildings and on the structures. Some red accents remain;however,Staff is of the opinion that the proposed elevations depict buildings and structures that will blend in with the new development typical of this area. Staff has recommended a condition that the red synergy elements proposed alongside the gas pumps be removed. These elements,in Staff's opinion,are unnecessary and detract from the aesthetics of the site. Based on the considerations above,Staff recommends approval of the request. Recommended Conditions 1. When the site is developed,it shall be in substantial conformance with the submitted site layout exhibit entitled, "SAM'S XPRESS CAR WASH &GAS STATION PREPARED FOR SAM'S REAL ESTATE," prepared by Kim ley Horn, dated May 1,2017,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development 2. The exterior of the proposed building,fuel canopy,vacuum canopy,vending enclosure,and dumpster enclosure shall substantially adhere in appearance,size and materials to the elevations entitled, "Sam's Xpress Car Wash, Sheet numbers A200,A203,A204,A250&A251," prepared by R IV Architecture,and dated July 13,2017 and May 1,2017,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. SXCW Properties II,LLC Agenda Item D2 Page 4 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance,size and materials to the submitted freestanding sign exhibit entitled, "Sam's Xpress-Virginia Beach" prepared by Casco Signs Incorporated,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height,set on a brick base to match the building brick and two(2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The 15-foot landscape buffer adjacent to the existing Apartment District depicted in the Site Layout referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect that can be limbed up to six feet in height. Said plant material shall include a mix of 70% evergreen trees and 30%deciduous trees. Said buffer shall be properly maintained and any dead, diseased or dying plant material shall be replaced. 7. The following uses will be prohibited on the site: a. Eating and drinking establishments with a drive-thru b. Convenience stores 8. The red synergy element depicted in the submitted fuel canopy elevations shall not be permitted. 9. The hoses for the vacuum system shall be black in color. 10. Prior to the issuance of a Certificate of Occupancy,a one-foot no ingress/egress easement shall be recorded on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. 11. As depicted on the submitted site layout in Condition 1, a brick screen wall eight feet in height shall be constructed along Old Clubhouse Road. 12. The existing freestanding neighborhood sign for Scarborough Square shall be replaced with a freestanding sign, no taller than six (6)feet in height measured from the ground to the top of the sign and shall be substantially in appearance as depicted on the submitted sign exhibit entitled "SAM'S REAL ESTATE—SCARBOROUGH SQUARE," dated 7/11/11 and prepared by Casco Signs Incorporated. Said sign shall be located as depicted on the site layout referenced in Condition 1 above. 13. The hours of operation on the site shall be between the hours of 7:00 a.m. to 9:00 p.m. 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. SXCW Properties II, LLC Agenda Item D2 Page 5 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. SXCW Properties II, LLC Agenda Item D2 Page 6 Proposed Site Layout S�MyO as tIN iai►e is t&tN� U iiiiiiiii 1.11114 �.�jMJ '9E! Sh 9..•• ii. 6K..GE^IIRE;T;Alf U?:. S I � !I Fl zS ' f °e sniE x a s liMausiNEE�ef aeE \ \Od 35K�B T7 Q70 _i -- i - - _ .d f� l :211A5 11'3'3'45'i s'i i €, \ISli" '1.g © © \ \ C� , 1 ..isA, •. a ,IPCPo 1 0-5: `.,,,,e'-'.'r: i_ PRP —:Jif.'r:i --- - r. r :its .` ' ' 1 �, $q` •:„,, , .. , , 4. . I " �.' f I- t P 1 1 . II r 0 1 ,.„.. am. il •, 1 1 i . / 1 , 1 . : , 0 �r. I . 1 t SII &,. \rj \ \ ryi IC Bk.%I 1 II 4ii l N \� I /r F;� 1 I i. \ I lex I . '� 33 ® _ lig. s 1. 1 At \ \ ,► \ •1 )• NLi \ FAf `fir : I� , . - {j�� I... in rg : ,:„,,,l. :-.0t :,:,_ ,'..4 MaiiAN°kU .Y•A� SXCW Properties II, LLC Agenda Item D2 Page 7 Proposed Elevations ; 1 iiR .trV 4 k R ,g isi�= N bII a E . i € 4 4 ft 39 I • • 'i ii 11 . \ ilillnik. ,f ii '"P fill 1tli I f - lig , v. ,... __. z M1■i , Mi E `BII - 10•: t•113 ie !Iwo• 1.1 LIII `„ r Eli111' • — II ... _ ill. ALAN •I 1 iii I. ,i E t . J I. _ y 1Imo` :B U_i8 lig hi t i-il 6 ale a I 1. 3 • SXCW Properties II, LLC Agenda Item D2 Page 8 Proposed Elevations f 0 U z w Uj aS 'a . Q ` i 1 i t w r g z w a . f " ,. , V 4 } ._. y w LO O m x t _ _ ._ ., 3 _ c y g © z 1 i i 1 �. z !0 IB E t 1 q \ \J \ i i i l�48 Ie 1E1 I] o \) laiii J z . �s- O a 4 z O 4: j (...---1 M ID , ..4?.; .-I iL 5 \ V f' y SXCW Properties II, LLC Agenda Item D2 Page 9 Proposed Elevations Loommi. SXCW Properties II, LLC Agenda Item D2 Page 10 Proposed Sign Elevation ., ip t.. _ _ . . , - . , IT g 1 Ln Zi: if iF 0 r �� 'n p e U N o - O .0 3 J c � E n c 75 . �ii ;.EEto7 b' gi 'c z St i `� "u +, C- i1 /ii, !,�1111111 Ellin filling 11111 a� c� fili1il F.,, � 1111. M c , .11 �I t...-. In , x- 1111111 � a COd 1111111 Y E ¢ o E -- -- 11111cr, ,, 1411 O Z c� c" �I�I�I� kj $ o 1 1111111 1111111 za I11 W &a li 1111111 3 W I 1Zo 1111 _ +1 IIIIiIIigiuii!i!iiIi i S .S ZE I .S LC .6Z .SL'66 SXCW Properties II, LLC Agenda Item D2 Page 11 Proposed Sign Elevation TA 5 t 9 k q ., y li a J 4. ss $ I. I E s i1 la t. €I -#.gig EL — I __-_ ._-_-- N I I C7 � W 4 i CY PC1a 1 CO)1 4614 I is o p1 SXCW Properties II, LLC Agenda Item D2 Page 12 Site Photos 111111.11F • 11111.111fotatI.. • • ,44, • . , • !Nr". • ,vat 4 r • . '11\ •44 `..r .10• e-- OPP-4.‘ .4 • • 1.FYI 5- ". TIM • • • Args_11.9•••••••••., . . 044404tV 0'; SXCW Properties II, LLC Agenda Item D2 Page 13 Disclosure Statement APPLICANT'S NAME sxcw Propenes II. LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by CityProperty Conditions or Proffers I Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _..._ Certificate of Floodplain Variance I Appropriateness - --- 1 Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE , ,,tf �- Page I of •-: q 71 Jimmy McNamara SXCW Properties II, LLC Agenda Item D2 Page 14 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. RI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name SXCW Progenies II, LLC If an LLC,list all member's names: Sami I. Nafisi, Manager; Rima Anabtawi,Manager Pro-Tern If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below (Attach list if necessary) (R) List the businesses that have a parent-subsidiary � or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Li Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business.or other unincorporated organization. L/J 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:Fulton Bank, N A If an LLC, list the member's names. Page 2 of 7 SXCW Properties II,LLC Agenda Item D2 Page 15 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) James Pesavento,Vice President 8 Authorized Agent (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 relationship that exists when onecorporation directly o indirectly owns shares possessing morethan SO percent of the voting powerof another corporation r' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101 2 -Affiliated business entity relationship' relationship, other than parent-subsidiary relationship, that exists when(0 one business entity has a controlling ownership cote rest in the other business entity, 1111 a controlling owner in one entity is also a controlling owner in the other entity.or Ii IO there is shared management orcontrol between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person ownentities,manage the two there arecommon r commingled funds or assets.the business entitieshare the use of the same offices or employees or otherwise share activities. resourceson or personnel regular basis. or there is otherwise a close working relationship betweentheentities" See Stateand Local Government Conflict of Interests Act, va Code§ 223101 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 of7 SXCW Properties II, LLC Agenda Item D2 Page 16 Disclosure Statement APPLICANT Virginia Beach PROVIDER use additional sh. s if YES NO SERVICE I eineeded) I�I Accounting and/or preparer of your tax return Architect/Landscape Architect/ R4 Architecture Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed I-I purchaser of the subject property Z (identify purchaser(s)and purchaser's service providers) X ❑ • Construction Contractors To Be Determined Z ❑ • Engineers/Surveyors/Agents r Kimley-Horn Financing(include current Self Financing-No Commercal ❑ ❑X mortgage holders and lenders Lender selected or being considered to provide financing for acquisition I� or construction of the property) X I i. Legal Services Sykes,Bourdon.Ahern&Levy,P C. Real Estate Brokers/ Wrightwood Properties Inc. 7 ❑ Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 SXCW Properties II, LLC Agenda Item D2 Page 17 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 meetin or meetin. of any public body or committee in connection with this Appr V n • - _1-- mAAn4AligU/t 3 /311?0i7 APPLICANT'S SICNATURE PRINT NAME DATE SXCW Properties II.LLC Page 5of7 SXCW Properties II,LLC Agenda Item D2 Page 18 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER pose additional sheets if needed) r Accounting and/or preparer of LJ your lax return 1 O Architect/Landscape Architect/ --�� Land Planner ❑ Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed Z purchaser of the subject property (identify purchaserfs)and ��/ purchaser's service providers) II VI Construction Contractors EI Engineers/Surveyors/Agents Financing(Include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑X P I Legal Services Odin Feldman&Rifleman.P C Real Estate Brokers/ Venture Really Group ❑X IJ Agents/Realtors for current and anticipated future sales of the sub ect •ro•ert • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Dces 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 SXCW Properties II,LLC Agenda Item D2 Page 19 Disclosure Statement Yrpinlu bench v CERTIFICATION: I certify etell information contained in this Disclosure Statement form is complete, and true, and accurate. I unde rstana 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 Cr committee in connection with this A Hugon. V —f x.�� RPT CT NERN+ .w. l PRINT NAME TE-// x. ' Fulton Bank NA Page 7 of SXCW Properties II,LLC Agenda Item D2 Page 20 Item#D2 SXCW Properties II, L.L.C. Conditional Use Permit Car Wash &Automobile Service Station 3264 Holland Road District 3 Rose Hall August 9, 2017 REGULAR Jan Rucinski: Our next applicant is SXCW Properties II, L.L.C.,which is an application for Conditional Use Permit(Car Wash&Automobile Service Station)on property located at 3264 Holland Road, District 3, Rose Hall. Would the applicant come forward please? Eddie Bourdon: Thank you. Mr. Chairman and members of the Commission for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant and representative Sam's Express is here from Charlotte today. It was on the consent agenda,so I will keep this very brief. We've had very positive, and I think very good dialogue with the Scarborough Square Community representatives and a couple of those folks are here today. Jimmy McNamara has done a fantastic job. I think it has been a cooperative effort and got a lot of conditions that I think very much enhance and restrict the utilization of the property. It is all unconditional B-2 property.To make it a better situation for the community, the conditions that are recommended including the added condition number 12,with the exception of Condition 8, since we are going to hear this, I'm going to go ahead and make the pitch. Condition#8 is the only condition which we object and that is with the staff indication, I believe,the Zoning Administrator has indicated, although I haven't seen anything in writing that they are going to call these synergy elements on the gas pumps signs. We don't believe they are signs.That has not been anything that has been run up the flag pole. Obviously, if that determination is made,we wouldn't have them because we can't have more signs than the Zoning Ordinance allows, but we frankly don't believe that is an accurate assertion. But that is what was made last month, and again, if that determination is made we obviously won't have those synergy elements with the Exxon gas pumps. That is why we object to Condition#8. And as I said this morning,we didn't have any opposition here to speak and I don't want to characterize their comments so I will allow them speak for themselves,we weren't going to fall on our swords on that but we don't believe that they are signs, and again, if the City determines that they are, then obviously we wouldn't have them because we would be in violation of the Sign Ordinance. All the conditions with that exception of#8 are acceptable.We're doing a big beautiful brick wall behind the site, with nothing but landscaping,green space and more landscaping for the homes back here in Scarborough Square. The light across the street,their building, is, I believe, about 30-40 feet off the same street. Our building is all the way up in the front.So, we are screening landscaping,creating an absolute sense of place of arrival when you get past this development into the neighborhood. I have restricted the hours of operation. Nothing but positive dialogue and restricting the uses on the out parcel creating the buffer that Jimmy described this morning in the informal. Cooperatively we were going to put up another fence, but where their fence is inside of their property lines because it has that easement access to their backyards. We don't want to put another fence up and create the alley scenario where there are no eyes on it. So we're proposing a landscape buffer for the out parcel that will grow up and that still has the ability to be seen if they had fencing on their property. Again, I don't want to belabor since it was on the consent agenda. It is a very high quality facility. I'll be happy to answer any questions. Item#D2 SXCW Properties II, L.L.C. Page 2 Bob Thornton: Are there any questions of Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Jan Rucinski: Our first speaker in opposition is Ms. Lyn Henry. As you come to the podium if you can state your name for the record. Lyn Henry: Sure. Hi, I'm Lyn Henry, I'm a homeowner in Scarborough Square. I don't know how many of you were here in 2010, but I don't know how many days because we have been through this with a place called Raceco. They wanted to do that Raceco in the same exact location,a gas station and a car wash. And, Planning Commission passed it, and we fought it at City Council and they denied the project. Back then we had Captain Lay with the First Precinct behind this and a lawyer to help us. The issues haven't changed. Why do you need a gas station or a car wash literally less than 700 feet to the crosswalk at the corner of Holland and Lynnhaven? You can actually see the crosswalk from the sidewalk in the front of the proposed Sam's. Rio carwash down Lynnhaven is less than''/:mile away. You have an Auto Bell 1.2 miles away down Holland Road near Lowe's and in the other direction, 34 mile away at Shipps Corner you have three gas stations. Why do we need another gas station car wash? It looks like a beautiful project. Mr. Bourdon has been wonderful about contacting us and keeping in touch but we don't get it. I just don't understand. The amount of traffic that this place is going to generate already with the legal and construction we are going to see a high-end in traffic. It takes sometimes 2 to 3 light cycles to get out of our neighborhood in the morning during the peak traffic. We notice they are beginning a separate left turn lane taking up two lanes from the other side of Holland Road towards Shipps Corner. We are confused by this because once the outgoing traffic is trying to get to the direction of Lynnhaven not Shipps Corner. That right lane where people are backing up to get out of our neighborhood is going to be blocking the entrance to the Sam's Express. All of this thought process is the entrance of the projected Sam's is going to be across from a Lidl. Sam's Express is supposed to be destination traffic and we expect people will come onto Warwick with the intent of gassing up,getting their car washed and then going across Warwick to the Lidl Shopping Center and groceries or whatever. This is going to make Warwick a nightmare to navigate. Now you have people coming in and out and then trying to cross it. There are also plans for some kind of division at Court of York Quail. The property,deferred which we think they look great. To conclude,we understand that he owns it, and we know that anything can go on this property. We are pleased about the 7:00 a.m.to 9:00 p.m. the store is going to keep and we do think it is a beautiful project. But we have the same concerns that we did when the Raceco was projected back in 2010. Traffic is not going to get better. If anything it is going to get expeditionary worse. Some of us feel this is a lesser other evils of what could go on this property, and yes it could be but it is a neighborhood trying to deal with issues that have been brought to the neighborhood via surrounding businesses and recent shootings and violence that is occurring is lesser of the evils what we really should strive for?Should we hold out for better? Thank you. Bob Thornton: Are there any questions of the speaker? Thank you. Jan Rucinski: Our next speaker is Fred Aldridge. And Mr.Aldridge is speaking on behalf of Scarborough Square. Fred Aldridge: I have been at Scarborough Square for 21 years,and it is getting worse all the time. I can imagine anyone of you wanting to live in a neighborhood where already now where we have the Lidle Item#D2 SXCW Properties II, L.L.C. Page 3 Store, a Hardees and garage that is moving in at the corner. As I understand,the gentleman says there is an estimated 1,500 vehicles coming through there. That is 750 in and 750 out. Now they're talking about 700 vehicles coming into the service car wash, right straight across the street with 700, that is 350 in and 350 out. We already have traffic even coming off Shipps Corner coming along through Old Club House coming out to where this section is. It has been getting worse as the years go by. We have over 500 residences in that neighborhood plus the trailer park. Cardinal Estates and the trailer park,as you go down to Shipps Corner Road. They come out through that area. We're looking at a traffic problem right now. I have sat on the Holland Road Section above Lynnhaven through two lights for them to go one traffic light down so people can turn our section of Scarborough Square. If you come out there somedays, especially towards rush hour,you can look to the left and find as far as you see,traffic backed up. Not only is it backed up down the street, but cars have to make a left turn coming from Lynnhaven Parkway into Scarborough Square. And you know what type of ruffians. Pardon the expression. But they general on that intersection so nobody and go anywhere. We can't turn into there through the traffic. They don't leave a space for people. They want to get through that light, but they have to stop. It is ridiculous. And you're going to make it more by approval this service station car wash. Now as Lyn pointed out it may be the lesser of two evils but who wants an evil in your neighborhood. Okay. I don't know who it can be approved if it was in your neighborhood,anyone of you. I appreciate you taking a chance on us and being able to state our situation. And I hope you will think about it especially if it were your neighborhood. Please. Thank you. Bob Thornton: Are there any questions of Mr.Aldridge? Thank you sir. Fred Aldridge: Thank you. Jan Rucinski: We have no other speakers. Eddie Bourdon: Not exactly the tone I was anticipating. Raceco was an application for a convenience store with gas and a car wash, much lower quality and much higher traffic generation. This is actually a substantial reduction in traffic. It is not destination traffic. I tried to explain that, but I guess I didn't do a very good job. Most of it is actually captured traffic because of the large shopping center with a number of out parcels, a Lidl across the street on the south side. The car wash would generate, we hope as many 200 customers a day, which is actually 400 trips, because they count in and out as a trip. If you look on page 3 of the staff evaluation, and I'm sure if you want to ask Mr. Lowman his input,this is a low traffic generating use. If you had a convenience store,that has a whole lot more traffic. There is no convenience store here.This is, as I said, unconditional 8-2 property upon which something that can do us across the street where the Lidl is going to going as a matter of right. Any number of uses that would be much more impactful,and wouldn't have to see over all of this extra space on their property with a beautiful brick wall landscaping on the back side that completely buffers and segregates the commercial use on this large piece of unconditional property. Both the speakers alluded to lesser of the evil and that's a characterization. It is a free country. They can make that characterization. I'm not going to argue with them. I know from experience and I think you all know from experience, and I'm sure that Staff understands from experience that this is a far better use of this piece of property with the hours restricted which won't happen with a by-right use, then what would almost certain to goon this piece of property were it not for the need of a Use Permit,which is what we have, in the case,the need for. I give Exxon high quality gas station as well. Linda Russel is here. She offered to speak. She is in favor of what's proposed.She is very active in this area, and active in this community. Again, a convenience Item#D2 SXCW Properties II, L.L.C. Page 4 store, I understand, it is open late hours. I can understand. But this applicant, high, high quality application and the applicant has, I think have stepped up to the plate. I think Staff would tell you he stepped up to the plate to do a very high quality development that will not be a destination that will create a bunch of traffic. In fact, it solves it. Most of the people that will be going here will already going to the soon,to be open shopping center immediately adjacent to the south. I'II be happy to answer questions any of you have. Bob Thornton: Any questions of Mr. Bourdon? Jeff. Jeff Hodgson: I think you just said based on the hours of operation but I don't see any hours of operations? Eddie Bourdon: Yes. We first restricted the hours. Jeff Hodgson: I may have overlooked it. Bob Thornton: Item 3 on the back. Eddie Bourdon: 7:00 a.m.to 9:00 p.m. Again,those are very restrictive hours of operations. Bob Thornton: Other questions? Thank you Mr. Bourdon> Eddie Bourdon: Thank you all. Jan Rucinski: There are no other speakers. Bob Thornton: If there are no other speakers or no other questions,we will lose the public hearing. Jeff? Jeff Hodgson:You guys said it was where? Carolyn Smith: It is located under the summary. Under the summary of proposal. It is not a condition. Bob Thornton: It is not a condition. Eddie Bourdon: I thought it was a condition. We agreed to it as a condition. Please add that as a condition. Bob Thornton: Now that we go by all of this confusion. Don? Don Horsley: What did we decide to do about condition 8 about the so called signs?Are we going to leave that in there or take it out? Bob Thornton: Mr. Bourdon has asked that it not be removed so that is sort of up to us to decide whether we want to leave it or remove. He said he would remove it if the decision is made that it is a sign but if you all decide it is not a sign, he wants to leave it. Is that right from my understanding? He is Item ftD2 SXCW Properties II, L.L.C. Page 5 arguing whether it is a sign or not. Kevin Kemp: Correct.There is another process beyond this will analyze interpretation of whether or not it is a sign. If it is determined that it is a sign, it would have to get a sign permit and meet the requirements of a sign ordinance, which having that many signs would exceed the number of allowed on site. So,that would be care for there. If it is determined not to be a sign then structured ones that meets the setbacks. Bob Thornton: So, if we leave it in there, it won't be permitted? He is asking that we remove it and then go through this other process,and if the process determines it is a sign and it is not allowed. Kevin Kemp: I think we're finding a way because even if it is taken out,and they were able to add those later, if they determined it was not a sign, then that could still be substantial conformance. Bob Thornton: Okay. So we leave condition 8 as it is written? Mike Inman: And adding the hours of operation. Bob Thornton: And adding the hours of operation. Are there any other points?Jack? Jack Wall: I just want to thank Mr.Aldridge and Ms. Henry for coming out and speaking. I do appreciate their concerns, and I think this will add traffic burden to Warwick Drive, but it should be noted that it is already zoned 13-2, and whether it being considered a lesser of two evils, I think that the applicant has worked closely with staff to provide quite a few amenities that probably wouldn't be there if this didn't come through this process. It didn't come through the Planning Commission,which include the screening and the landscaping,the 8 foot wall,and the buffering,as well as,the architecture that prototype architecture for this type of facility could be much different than what it is, so I'm in support of it. Bob Thornton: Mike? Mike Inman: I make a motion we approve the application with the addition of the hours of operation being added 7:00 a.m.to 9:00 p.m. Ronald Ripley: Second. Bob Thornton: Do we have a second? Okay. We have a motion by Mr. Inman to approve and a second by Mr. Ripley. Carolyn Smith: The addendum has condition 12 as well. Is that part of your motion? Bob Thornton: Let's make sure that we know what you're asking? Condition 12, I don't have the summary sheet. Jan Rucinski: The signs. Item f#D2 SXCW Properties II, L.L.C. Page 6 Bob Thornton: The signs. Okay. Is that okay with you Mr. Bourdon? Eddie Bourdon: Yes,that's the sign that we agreed. Bob Thornton: What we have on the screen we don't have those pieces I front of us. One through 12 12 and adding hours, so;we have a motion. Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0, the Commission has approved the application of SXCW Properties II, L.L.C. with the 12 conditions with the conditions of hours being added. Bob Thornton: Yes. Jan Rucinski: That would make it 13. Bob Thornton:That would make it 13 conditions. The sign has been put on as number 12 and number 13 would be the hours. Ed Weeden: It has been approved 11-0. Bob Thornton: Okay. Thank you. �, ' N 1 N m / f'/i / r _ M� I f t I/ :11 _ r', \\'' ___.(...,11N .,Cp ..__--1-1 ;/ 4& .. II \uui 1 1 11 1 I1 ...,. ........„ . ,, „.. ....,...,.. 1 ..ei . pi 1111111111%<6*- rr ._., rf`Ns ri .. .„........ ,,, . . t/: I i � 013 } � \1\ 34 N rrr CO -.‘---,,......) I \I / r / ,. 11 = -.F. 1 _, ,L 1 1. Le/ ,r f' _ oi tea- I. f L___- 03- • / It---- .11 / /)t f' ,. f` Q J/ � JJ) / /7 JjF ��J r f ' rr !!! /J �Jr 1� M f Riviera Drive CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ISHWAR, LLC [Applicant & Property Owner] Conditional Use Permit(Motor Vehicle Rentals) 5924 Indian River Road (GPIN 1456621646). COUNCIL DISTRICT—CENTERVILLE MEETING DATE: September 19, 2017 • Background: A Conditional Use Permit for an Automobile Service Station and Car Wash was approved in 1988 for the site. Since that time, the property has been developed with a fuel canopy and pumps, a convenience store and a car wash. This is a request for a Conditional Use Permit to add Motor Vehicle Rentals to the site. Specifically, the applicant proposes to offer up to four box trucks for rent. The trucks will be parked within the existing parking lot on the west side of the convenience store building. • Considerations: In Staff's opinion, this use is compatible with the surrounding commercial uses and is consistent with the Comprehensive Plan's land use policies for the Suburban Area. The number of parking spaces on the site exceeds the minimum parking requirement by three; therefore, the display of up to four vehicles for rent will not impact the ability of either customers or employees to park on the site. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 2. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants, banners, streamers, or portable signs placed on the site or on the vehicles. lshwar, LLC Page 2 of 2 3. No more than a total of four box trucks for rent shall be allowed on the site at any one time. Rental trucks shall be parked in the area on the site that has been designated on the exhibit entitled, "Site Layout" depicted on page 5 of this report. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. m- r • gency: Planning Department dt nwz-t m(Ga�,Jj� City Manager: il •1S. iii\iB Applicant & Property Owner ISHWAR, LLC Agenda Item Public Hearing August 9, 2017 City Council Election District Centerville Virginia Beach Request Conditional Use Permit (Motor Vehicle Rentals) VroMAMm R°'° Staff Recommendation 1 Approval g <<r` e Staff Planner P Prairie Cant Jonathan Sanders . Location ' 4 f L o 5924 Indian River Road x a K z ""'nq C ; % �e'4 w,. G PI N 8� r 1 ,'''''''�t x 1456621646 Q Site Size j a p 0.97 acres RIa.n MO f AICUZ RI.en i Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District i . .\ Gas station with car wash/ B-2 Community r e. ! a, Business iiii9.IIIIIII!I 1, ' ' . _ Surrounding Land Uses and Zoning Districts •' 'J'1 North •-- - ' - i : -' /41.- Mixed retail/;::: : :::u1w55 hY. U` East Reon Drive ��w . ; .. Park & Ride/B-2 Community Business t • -' * °" e West ► 'r"'" ' f. f ' ' • \ • Auto repair/B-2 Community Business ;.�_:. `�:, ISHWAR, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • A Conditional Use Permit for an Automobile Service Station and Car Wash was approved in 1988 for the site. Since that time, the site has been developed with a fuel canopy and pumps, a convenience store and a car wash. • This is a request for a Conditional Use Permit to add Motor Vehicle Rentals to the site. • Specifically,the applicant proposes to offer box trucks for rent. The trucks will be parked within the parking lot on the west side of the convenience store building. • According to the application, customers will rent the vehicles from space within the convenience store. • The hours of operation are proposed from 8:00 a.m.—7:00 p.m., seven days a week. 111 L.. B-2 B-2 Zoning History # Request / � 1 MOD Approved 09/28/2004 CUP(Auto Service Station)Approved 12/12/1983 B-241/41*; /ts 2 CRZ(A-12 to Conditional B-2)Approved 04/26/1994 3 CUP(Auto Service Station, Car Wash)Approved ""' 08/08/1988 1 A-12 r--^i 8-2 I R 4 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. ISHWAR, LLC Agenda Item 1 Page 2 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no significant natural or cultural resources associated with this predominately impervious site, as it is developed with a convenience store with fuel pumps and a car wash. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 34,560 ADT 1 26,300 ADT (LOS 4"C") Existing Land Use 2 - 1,528 ADT 48,200 ADT 1(LOS 4"E") Proposed Land Use 3—1,533 ADT 1 Average Daily Trips 2as defined by a gas station 3 as defined by a rental facility with 4 LOS=Level of Service with convenience mart,car four parking spaces at a gas station wash&10 fueling positions with convenience mart,car wash&10 fueling positions Master Transportation Plan (MTP) and Capital Improvement Program (CIP) A CIP project (2-042.000) named Indian River Road/Providence Road Intersection Improvement is planned for this area. The limits of this project include roadway segment on Indian River Road from Providence Road to Level Green Boulevard. The improvements will include, but are not limited to, signal, road and pedestrian improvements. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for Motor Vehicle Rentals in order to offer up to four box trucks for rent on this site is acceptable. In Staffs opinion,this use is compatible with the surrounding commercial uses and is consistent with the Comprehensive Plan's land use policies for the Suburban Area. The number of parking spaces on the site exceeds the minimum parking requirement by three;therefore,the display of up to four vehicles for rent will not impact the ability of either customers or employees to park on the site. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable,wrecked or dismantled vehicles on the site. 2. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants, banners, streamers, or portable signs placed on the site or on the vehicles. 3. No more than a total of four box trucks for rent shall be allowed on the site at any one time. Rental trucks shall be parked in the area on the site that has been designated on the exhibit entitled, "Site Layout" depicted on page 5 of this report. ISH WAR, LLC Agenda Item 1 Page 3 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. ISH WAR, LLC Agenda Item 1 Page 4 Site Layout Proposed Convenience location for Store four motor vehicle rentals � ratvA rE 10• { -- F 111.11r - _ — . - --- - - II Fw:.EA.w` 1 J / . __ — -_ -A era AoE. `3 \ it.. _ soyaticE IWO' 24100' 8 FO+•riDslnF „adj� 4, 9 ' / e Ccv3.:a ITU* •G .� a t ♦ . f� . • •O Id wai \ - .' 0 C•t 0 ` A • b W VAKUM �, H \ 1G 0 0 d a I, e o ORAINAGE6 - 'Is • TAhKMA FS r 6 •I Z$ +B.6 PG 332 1 \ vAa • 1 O 0, n A tm S. \ CAA WAY/ ^. ' ^ r . 0' 0 Ci• I 7 WJ AIR yc C bt4.\\ • MON.wFtt MOni.4.1 ` O $ 'r, \ CANO►v 38 FOB vH �% A • • • G • �. \ t \' • vA TEFIKRES^ c . G• i • fftEOSRSPAR� c Le T (INV:2008731 B210:84 • MP .a j#�♦b rim cUrurns TVparBB9g1�0p1TT� 2or ` TT Or 171M2AIA MGR. - A6006'02'1V 2066a' M WOOT RLXfr/T 07 I TOT arrtBcr ALL INDIAN RIVER ROAD 187•R/W(R �) KI MID 2N/MOOD DILRH ^^ -• ISH WAR, LLC Agenda Item 1 Page 5 Site Photos 7.41111r • r • 111 � ==1 _ _ tea. d — ISH WAR, LLC Agenda Item 1 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME ISHWAR, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE n ._ Ni Page Iof7 ( `N 17/17_JS Jonathan Sanders n r‘IITI ISHWAR, LLC Agenda Item 1 Page 7 Disclosure Statement l itpnia Beach Check here if the APPLICANT 15 NOT a corporation, partnership, firm. business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:ISHWARi LLC If an ILC, list all member's names: Meena Chaudhary, Manoj Kumar Nainwal If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the PROPERTY OWNFR IS a corporation, partnership, firm, business, or other unincorporated organization. AND TNF& complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 ISHWAR, LLC Agenda Item 1 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.- See State and Local Government Conflict of Interests Act.Va. Code§22-3101. 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, Pi)a controlling owner in one entity is also a controlling owner in the other entity, or (iiil there is shared management or control between the business entities. Factors that should he 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 cbse working relationship between the entitles.' See State and Local Government Conflict of Interests Act Va.Code§ 2.2-3101. • , SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 ISHWAR, LLC Agenda Item 1 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(ue addeedond sheets it 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 purchaser(s)and purchaser's servke providers) n ® Construction Contractors ® ❑ Engineers/Surveyors/Agents R.L.Galloway Financing (include current Zenith Bank mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / ❑ ISI Agents/Realtors for current and W anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page a of 7 ISHWAR,LLC Agenda Item 1 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ Ms'_�ta rlut,tilA rt _ Ii/19/17 APPLICANT'SSIGNI. RE PRINT NAME DA1 Page 5 of 7 ISHWAR,LLC Agenda Item 1 Page 11 Item #1 ISHWAR, L.L.C. Conditional Use Permit 5924 Indian River Road District 1 Centerville August 9,2017 CONSENT An application of ISHWAR, L.L.C.for a Conditional Use Permit(Motor Vehicle Rentals)on property located at 5924 Indian River Road, District 1, Centerville. GPIN: 1456-62-1646-0000. CONDITIONS 1. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 2. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants, banners, streamers,or portable signs placed on the site or on the vehicles. 3. No more than a total of four box trucks for rent shall be allowed on the site at any one time. Rental trucks shall be parked in the area on the site that has been designated on the exhibit entitled, "Site Layout"depicted on page 5 of this report. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 1. AYE11 NAYO ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 for consent. Yikash Chaud hary appeared before the Commission. I. I i I' r } I r ' L r, r r i 1 ii� --,‘ 1-------_,Th'. CNI 1 -{ I / i i iLj:I � / II , I / / I II I _ - _ -----.- L -Jt _LJ / ill . MOS_ -Urn* 0 • .11‘1111141 ,-�_ II r_,FJ t 1—__^ J --J .1\3kssisis44.Cs! \ . \\\44 \7, .4,i -+' I1/4\ .,y • 1i?± LTJ _ 1 le 1. ) -7 �( _) � �7 • I l f 1 I r`--fi f 4.- I —'� it-, IX ii t L { i 1----J {�� >_ • t11/111/1//////,8701 Q 1 1 ! axM , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EDDRICK COREY CASON [Applicant] VALERIE CASON, ET. AL. [Property Owner] Change of Zoning(AG-2 Agriculture to R-10 Residential) West side of Seaboard Road, approximately 1,500 feet south of Nimmo Parkway (GPIN 2404554240). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: September 19, 2017 • Background: The applicant requests to rezone a 0.99-acre parcel from AG-2 Agricultural District to R-10 Residential District, and subdivide the property into two lots for the construction of two single-family dwellings. • Considerations: The subdivision of the parcel under the provisions of the R-10 Residential District will result in a similar density, configuration and size of the lots on the opposite side of Seaboard Road, and directly to the north. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject sites. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. 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. Eddrick Corey Cason Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•artm- • Agency: Planning Departmen&S. hzimi� City Manager. Applicant Eddrick Corey Cason Agenda Item Property Owner Valerie Cason, et. al. Public Hearing August 9, 2017 6 Cityof City Council Election District Princess Anne Virginia Beach Request .,•"`,, . Rezoning(AG-2 Agriculture to R-10 MwdY„■,Ta. Residential) 14annw',Y...., t t Staff Recommendation ,n v.' ; ti 70 del ONS 1 ,,p' + e4 i Approval ; I e s, € FlY. Staff Planner n o4> Stephen White • Z t Ns. rF -- i i e r �,A r .d dt o4, Location Via` .,i- West side of Seaboard Road, approximately �e�.0a 1,500 feet south of Nimmo Parkwayi.e,,,,. `..,.,� GPIN wioc-t.'- °',p 2404554240 Site Size 43,304 square feet AICUZ 65-70 dB DNL; Sub-Area 2 Watershed ` - Southern Rivers * - f • - . ... at .E Existing Land Use and Zoning District .zr / � '� Undeveloped wooded site/AG-2 Agricultural •--•� t ` - Surrounding Land Uses and Zoning Districts North '- s ' w ` Single-family dwellings /AG-2 Agricultural = w South - - - , -, ►• .,. a A. Single-family dwellings /AG-2 Agricultural '-.` L ��. `•3 East "` ..• 1 a Single-family dwellings /AG-2 Agricultural • ''-West ; ,fr Single-family dwellings (Princess Anne Woods) .. ` — ,,; 1, /Conditional R-10 Residential Eddrick Corey Cason Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant requests rezoning of a 0.99-acre parcel from AG-2 Agricultural to R-10 Residential. • Under R-10 Residential zoning, based on the configuration of the existing parcel, and the available frontage on Seaboard Road,the site could be subdivided into two single-family lots.As a depiction of how the lot might be subdivided, the applicant submitted a plat showing two lots. • A subdivision of the parcel meeting the requirements of the R-10 District will result in two lots of a similar configuration and size as the lots on the opposite side of Seaboard Road,and directly to the north. Those lots are zoned AG-2 Agricultural. The current Zoning Ordinance requires a minimum lot area of one acre for a single- family lot in the AG-2 District. The lots on Seaboard Road, however, were recorded in 1955, and at that time, the AG Agricultural District required a minimum lot area of 10,000 square feet and a minimum lot width of 100 feet. Lots created from the applicant's parcel will meet or exceed those minimums. Anything beyond the configuration of the lots as shown would require a Subdivision Variance or another rezoning. O J1 • 1 Zoning History # Request A14411 0111/%4 1 CRZ(AG-1&AG-2 to Conditional R-10)Approved Nal03/25/2008 /G' 2 CRZ(AG-1 to Conditional R-10)Approved 08/08/2000 r 3 CRZ(AG-1,AG-2&R-20 to Conditional R-10)Approved 09/10/1999 R-10 4 CUP(Church)Approved 06/25/1990 Rif R Chb• -20 .t 4 R40 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Eddrick Corey Cason Agenda Item 6 Page 2 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. The site is wooded.The majority of the trees on the site will have to be removed to develop the site, and in particular, provide for drainage and stormwater management appropriate to single-family residential lots. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT'(LOS°"C") Existing Land Use 2—10 ADT Seaboard Road No Data Available 9,900 ADT 1 (LOS°"D") Proposed Land Use a-20 ADT 11,100 ADT 1(LOS 4"E") 'Average Daily Trips las defined by one single- Sas defined by two single-family residential 4 LOS=Level of Service family dwel l i n g o n a AG-2 lots lot) Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is from Seaboard Road, which is a two-lane undivided collector within a 70-foot right-of-way. There are currently no roadway CIP projects planned for Seaboard Road. Public Utility Impacts Water Development of the site must connect to the City water system. There is a 12-inch main in the Seaboard Road right-of- way and an eight-inch main in a 30-foot wide private utility easement located on the south side of the parcel. Sewer Development of the site must connect to the City sewer system. There is an eight-inch sewer main in the Seaboard Road right-of-way and an eight-inch main in a 30-foot wide private utility easement located on the south side of the parcel. School Impacts No comments. There is negligible impact as a result of this rezoning. Evaluation and Recommendation The applicant's request to rezone this lot from AG-2 Agricultural to R-10 Residential will allow the applicant to subdivide the lot into two single-family lots that the applicant and his family's estate will sell for the construction of two single- family houses. The size and configuration of those lots will be similar to those on the opposite side of Seaboard Road. Those lots were recorded in 1955, and at that time, the minimum lot area was 10,000 square feet and the minimum lot width was 100 feet for residential lots in the AG Agricultural District. Under the current Zoning Ordinance, those dimensional requirements are more similar to the R-10 Residential District than to the AG-2 Agricultural District. The R- Eddrick Corey Cason Agenda Item 6 Page 3 10 District requires a minimum of 10,000 square feet of lot area and a minimum lot width of 80 feet. The applicant's site will meet or exceed those requirements. This lot and the one immediately to the south are the only remaining lots zoned AG-2 Agricultural on this portion of Seaboard Road that have not yet been subdivided for single-family residential use. The site is located within the 65 to 70 dB DNL AICUZ(Sub-Area 2). Section 1804 (c)(2) states the following regarding discretionary development applications in this area: For property within Sub-area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the city council finds that the proposed development: (i) Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and (ii) Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. With regard to density, with R-10 zoning, only two single-family lots of a size similar to or in excess of those in the surrounding area can be created; therefore, the density will be consistent with the residential density of the immediately surrounding area. With regard to Comprehensive Plan conformity, the request is consistent with the Comprehensive Plan's recommendations for the Suburban Area. The City-Navy Joint Review Process (JRP) Group found the rezoning request to be consistent with Section 1804(c)(2). As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. Staff recommends approval of this request. 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. 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. Eddrick Corey Cason Agenda Item 6 Page 4 Existing Site Layout z—... I Ih ligir 411 3�"glgil pz liE�i al!! 3 m_`�2'' �frls� � Q�� , h .;x1g x/A % .A,G g—gF Op 0 F 1 5°PliligmTie41511 r° i _,,_ 1 tr ili‘ 4 111111 iiirl' ,$ akka i, gg t ti i ,J,4- A i lel '% T1jc41— ".r j /6- cIj I 1 lel' sF4 RY x 11 r :a ani 'it s 5 a, r_o., '�+e Y si A z. Zi iii �' ! x iii t ks 4 A t k Ir _.1!'p� t'r'a�:'eq'� _ '_1C % h A— R P,7 10 riii Eddrick Corey Cason Agenda Item 6 Page 5 Potential Subdivision with R-10 Zoning 41: 41;1111; _____ _7)-----" 1 id 1,44.. i .1 - ig ! [e� 4 . !iiti; ii, !i1f aai�agbi I,12 P 0 3 ! Q " ! >. liliti:li lMQ fel E 1 I 1 €: a 1 la Ili i 44 it 1 � .,x, „ B e k , 4 ,. , I 1., \` E 9 - -- } �- -_ - i mar I era =_ % R IO __ - EULt 4p ' y AgCtk� a s sro 5 ' k• - - - 71'. 1:i4Ar\ j .FLLiL(i tPt { 106 's a = mg" oke3 s`~ Mai a si, e°� Pg °' i e1 I Eddrick Corey Cason Agenda Item 6 Page 6 Site Photos • \..---••••-•• i , • • . , , '• i , • .., - • • i ....... ...... _._. . ' .v.-A - . '. . • t• • , . • .. s- , . .. ... . \ . ,,, .•2.41 'r i . .- •. , . 4.41.: • - . - ••.> . Or* 4 -.• • . _ . ,4t.' 1 • . ' -,• ,5- : - : . I 1 1 -. — ..._ _ L1a1,, ---,........ • , , 1 1 . . 1 i )' ,. , -;.,1-,NI....'• ' Ii "-''l',...,' , • L., • ,1. 1 1 : , • , I 1 1 . i' ' • •- Itie, i , , 1. ... , ._ ....._ .... • '7.• -' '' --,./4.4.1&.;'"' . • Eddrick Corey Cason Agenda Item 6 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME EcIA(Ick Corel C G DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property _ Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use _Exception for (EDIP) Changes — -- Board of Zoning t Request ues[ Appeals q /Rezoning Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR Cvw !NiY/An crsclostarshe lu,trior *v Pagel of7 annu y Con. .. -nULT Lur a,mecum; =n that peitools to the aVPraicrM I etJ APP[ CANT NOTn:l D Of [-,PARING onMC 07/03/2017 in Noc IrANGLS AS O! DAu. 4/7"/ I ) 4'l1'I J:.a.n7 I R, SONS So6MTTFC ['Al! Eddrick Corey Cason Agenda Item 6 Page 8 Disclosure Statement vi v,:a Reach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. \ � r 1/ ,, (A) List the Applicant's name_E? ,n2_ "Ore} fir If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. $I 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. Vex efie C6•SdQil\ FAL e. (A) List the Property Owner's name. JJP4(IvJ If an LLC, lit the meg�nnber's \\ `�,/_ /� names:_�[r1 iCa.19•=)""�� h D k 'ff ,142-1n `VI>^s n ie f' /(++ ��ev� r. G-Y 7dONch .�. .. . ./n' •� � �,RbfA iaifi Cason QOtcv p \ lNton t �ff,l �JCy'9 I�Jr J,J\ Creon Page 2 of 7 Eddrick Corey Cason Agenda Item 6 Page 9 Disclosure Statement Vnems end 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-subsidiaryI 2 or affiliated business entity relationship with the Property Owner- (Attach list if necessary) I 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation Indirectly owns shares possessing more than 50 percent of the votin hec cdorporation or See State and Local Government Conflict of Interests Act,Va Code§21330011r of another corporation 2 'Affiliated business entity relationship' means ma relationship, that exisu when (I)one business entity has a controlling ownershipother than parent-Subsidiaryesintheot business entity, rnli owinterest other entity,or or (sill there is sharedmanagementortcontrol ontbetweentity s the business also a controlling owner factors t thashold 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 ona regular basis; or there is otherwise a close working relationship between the entitles' See Statand Local Government Conflict of Interests Act. Va.Code 2.23101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 'act of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service'. IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 Eddrick Corey Cason Agenda Item 6 Page 10 Disclosure Statement APPLICANT Vials Beath PikOVIDER fuse additional sheetsa LYES NOr SERVICE _ - needed) ❑ •c Accounting and/or preparer of Imo! your tax return n jig Architect/landscape Architect/ Land Planner _ _. Contract Purchaser(jf oth r4 than n 54 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) _ - ❑ ® Construction Contractors Et ❑ Ct Engineers/Surveyors/Agents Financing (include current ❑ is mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) _- ❑ ® Legal Services Real Estate Brokers/ O ® Agents/Realtors for current and anticipated future sales of the sub ect •ro•erty - - ---- a 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\ex and//�� what is the/nature of the t'nt \ interest? Wac �`' Vo\ \L 1c- e+ r)ari Conon (proVcCH co-Ow rb) Page 4 of 7 Eddrick Corey Cason Agenda Item 6 Page 11 Disclosure Statement Virginia Beath 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 Aon./ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of Eddrick Corey Cason Agenda Item 6 Page 12 Disclosure Statement OWNER bench SERVICE dsealpnnel sheets if VESJ NO] I � [ PROVIDER..., eeeeeeled ❑ ® Accounting and/or preparer of your tax return ___ n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ IZI the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed ❑ 0 purchaser of the subject property (identify purchaser(s)and r�q purchaser's service providers) _. ❑ l'-.7 Construction Contractors tRt ❑ Engineers/Surveyors/Agentsj �f a Financing(include current Pil ❑ zi. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ fic Agents/Realtors for current and anticipated future sales of the subjectproperty e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR t EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the \ n interest? Wra�fflfi-\tf, �`Usc, n fi Jo(S( Cabbn • (2c-ogee-Al CO-bWoelA Page 6 of 7 Eddrick Corey Cason Agenda Item 6 Page 13 Disclosure Statement XB Yaginiaa 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 mee in , or meeting of any public body or committee in connection with this APP 4lion. i1,4 Va\eerie. Cern - - 6/I/aoil PROP ' SIGNAIURE PRINT NAME DATE Page 7 of 7 Eddrick Corey Cason Agenda Item 6 Page 14 Item#6 Edd rick Corey Cason Change of Zoning Seaboard Road District 7 Princess Anne August 9, 2017 CONSENT An application of Eddrick Corey Cason for a Change of Zoning(AG-2 Agricultural to R-10 Residential) on property located West side of Seaboard Road,approximately 1,500 feet south of Nimmo Parkway, District 7, Princess Anne. GPIN: 2404-55-4240-0000. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 6. AYE 11 NAY O ABS O ABSENT O HODGSON AYE HORSLRY 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 6 for consent. Eddrick Corey Cason appeared before the Commission. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO FENCES OR WALLS IN SETBACK, FENCES ADJACENT TO SOUND WALLS AND REPLACEMENT OF NONCONFORMING FENCES MEETING DATE: September 19, 2017 • Background: This amendment changes the existing fence requirements in the Zoning Ordinance to allow more flexibility in the location of privacy fences on corner lots and on lots adjacent to sound walls. Additionally, this amendment changes the scope of repairs that can be made to a nonconforming fence. • Considerations: This amendment provides more flexibility for homeowners regarding the placement of privacy fences on corner lots and on lots adjacent to sound walls. This amendment provides reasonable setbacks for privacy fences, and will decrease the number variances for fences into the setback that are considered by the Board of Zoning Appeals. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• - • e�Jott/Ao ncy: Planning Department .� City Manager: \ Applleartl City of Virginia Beach Agenda Item Pubnc Hearing August 9, 2017 Fence and wall setback requirements 8 �� o Virginia Beach Request An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to fences or walls in setback, fences adjacent to sound walls and replacement of nonconforming fences. Summary of Request This amendment changes the existing fence ordinance to allow more flexibility in the location of privacy fences on corner lots and lots adjacent to sound walls. Additionally, this amendment changes the scope of repairs that can be made to a nonconforming fence.The specific changes are summarized below. • The setback for a privacy fence for the side yard when adjacent to a street is reduced from the full setback distance (typically 20 or 30 feet)to ten feet. Where any fence is located within ten feet of the property line, category I landscaping is required to be planted along the fence. • Aluminum is added as a material considered to be"maintenance free." • Privacy fence may be installed in the setback adjacent to a right-of-way when the property is directly adjacent to a sound-wall associated with a city, state or federal road project. The fence may not exceed four-feet in height if located between the front edge of the house and the street. Proper approvals from the Department of Public Works are required if the fence extends onto public property. • A ten percent portion of a nonconforming fence may be replaced or repaired within a two year period (previously 50 percent). These repairs can consist of replacing fence boards only. Recommendation Staff recommends approval of this Ordinance, as this amendment provides more flexibility for homeowners regarding the placement of privacy fences on corner lots and lots adjacent to sound walls.This amendment provides reasonable setbacks for privacy fences, and will decrease the number of homeowners that currently have to go before the Board of Zoning Appeals. City of Virginia Beach Agenda Item 8 Page 1 Item#8 City of Virginia Beach An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to fences or walls in setback,fences adjacent to sound walls and replacement of nonconforming fences August 9, 2017 CONSENT An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to fences or walls in setback,fences adjacent to sound walls and replacement of nonconforming fences. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 8 for consent. Kevin Kemp appeared before the Commission. itinEN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 1005 OF THE CITY ZONING ORDINANCE PERTAINING TO SIGNS IN THE INDUSTRIAL ZONING DISTRICTS MEETING DATE: September 19, 2017 • Background: This amendment is initiated due to a clerical error when the sign regulations were amended in 2016, which limits lots less than 100 feet in width to 16 square feet of signage. This amendment changes the maximum allowable signage on narrow lots to no more than 40 square feet. Staff is using this opportunity to make changes to simplify the language in the Zoning Ordinance for permitted signs in the Industrial Districts to read "1.5 square feet of signage is permitted for each linear feet of building or occupancy frontage." New sections were added to provide more specific requirements for commercial buildings, depending on the height of a building and on the width of a lot. • Considerations: This amendment reorganizes, clarifies and simplifies the industrial signage regulations of the Zoning Ordinance. Staff intends to replicate this format and initiate similar changes to all sections of the Zoning Ordinance related to sign requirements. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•: ency: Planning Departmegt�jty�, �� City Manager. Applicant City of Virginia Beach Are oda nem Public near ng August 9, 2017 Signage in Industrial Districts Virginia Beach Request An Ordinance to Amend Section 1005 of the City Zoning Ordinance pertaining to signs in the Industrial Zoning Districts. Summary of Request This amendment was initiated due to a clerical error when the sign ordinance was last amended in 2016, limiting lots less than 100-feet in width to 16 square feet of signage. This amendment changes the maximum allowable signage on narrow lots to no more than 40 square feet.Staff also used this opportunity to make changes the format to which the signage requirements are listed in the Ordinance. The language of the allowable signage is simplified to read 1%square feet of signage for each linear feet of building or occupancy frontage. New sections were added to provide more specific requirements for commercial buildings, depending on their height, and for lots of 100-feet and 200-feet or greater of width. Recommendation Staff recommends approval of this Ordinance, as this amendment reorganizes the industrial signage section and provides more clarity and simplicity in the sign regulations. Staff intends to replicate this format and initiate similar changes to all sections of the Ordinance dealing with sign requirements. City of Virginia Beach Agenda Item 9 Page 1 Item#9 City of Virginia Beach An Ordinance to Amend Section 1005 of the City Zoning Ordinance pertaining to signs in the Industrial Zoning Districts August 9,2017 CONSENT An Ordinance to Amend Section 1005 of the City Zoning Ordinance pertaining to signs in the Industrial Zoning Districts. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 9. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 9 for consent. Kevin Kemp appeared before the Commission. L. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORM WATER APPEALS BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ...................... If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 9/19/17/st 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 OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/052017 PAGE. I D A AGENDA V S ITEM SUBJECT MOTION VOTE A E H E W B N E 1 S U 1 B P DNOK MS HLW O 0 Y L NAOOR S 0 T R E EENSM I 00 T T R Y S ES SNND I. CITY COUNCIL'S BRIEFING I. NAS OCEANA STRIKE FIGI ITER Captain Rich J. TRANSITION/ANNUAL REPORT— Meadows, ENVIRONMENTAL ASSESSMENT Commanding Officer —Naval Air Station Ocean II. CITY MANAGER'S BRIEFING I. 2018 LEGISLATIVE PACKAGE Robert Matthias, Assistant to the City Manager— Intergovernmental 2. PRINCESS ANNE PLAZA,WINDSOR John E.Fowler,P.E., WOODS/FIE LAKES DRAINAGE City Engineer—Public AREA Works Tonia Alger.PE.— Public Works 3. SPSA Phillip A.Davenport, Director—Public Works 4, CAVALIER SHORES RESIDENTIAL Ronald H.Williams, PARKING PERMIT Jr.,Deputy City Manager Rob Fries,CAPP, Parking Manager— Resort Management 111/IVNN CERTIFICATION OF CLOSED CERTIFIED 11.0 y Y Y y y Y Y Y Y V Y INTI SESSION A-E F/G MINUTES: APPROVED 10-0 YYYY Y Y A V Y Y V August 15,2017 B S T A N E D II. PUBLIC HEARING I. Non-Exclusive Franchise Ilse NO SPEAKERS a. Intelliliber Networks,LLC b. Calico Partnership d/h/a Verizon Wireless CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/05/2017 PAGE: 2 I) A AGENDA V S ITEM N SUBJECT MOTION VOTE A E ❑ E W B N ' E J S U B P DNORMS N L W O O Y LN A 0 0 R SO T R E F ENSMI 00 T TR Y S ES SNND I. Ordinances to AMEND the City Code DEFERRED FOR 60 uz Y Y Y Y N Y Y Y Y Y N S1-3ions'. DAYS a. 2Neighborhood reCavalier tSheses id iit pertaining to Residential Permit Parking I. Ordinances to AMEND the City Code ADOPTED, II-0 Y YY YYY V V V V Y Sections: AS REVISED,BY k 28-2828-29/28-30 re Sewer and Sewage CONSENT Disposal pertaining to the payment due date for Sewage Disposal and 37-53/37-55 re Water Supply pertaining to the payment due date water usage 2 Resolution to AUTHORIZE a contract ADOPTED,BY 11-0 Y V V V V V V V V Y V between the Community Services Board/ CONSENT Commonwealth of Virginia 3. Resolution to SUPPORT the Adopt-a- ADOPTED,BY 11-0 Y Y V Y Y V V V Y V V Drain Program to maintain management CONSENT of storniwater 4. Ordinances to GRANT a Nonexclusive ADOPTED,BY 11-0 V Y V V V V Y Ya( V Y Franchise to CONSENT a Celleo Partnership d/b/a Verizon Wireless b. Intellieber Newtworks,LLC 5 Resolution to APPOINT Joseph M. ADOPTED,BY 11.9 V V Y Y Y V Y V V Y V Kurt as Assistant City Attorney effective CONSENT September 14,2017 6. Ordinance to AUTHORIZE an ADOPTED,BY 10-0 V y V YY V V AY V V application of 5073 Virginia Beach CONSENT B Boulevard,LLC for the closure of S portion of Euclid Road display/ T landscaping for vehicles A DISTRICT 4—BAYSIDE I N E D 7 Ordinance to AUTHORIZE ADOPTED,BY 11-0 V V Y Y V Y V V Y V V encroachment into portions of City CONSENT property a. Bas Inlet-East for Joy M.Gianviltorio and Richard G.McClelland re pier at 2812 Bluebill Drive DISTRICT—7 PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/05/2017 PAGE: 3 D A AGENDA V ITEM SUBJECT MOTION VOTE A E H E W B N E 1 S U 1 B P DNOK MS HLW O O Y L N A 0 0 R S 0 TR E F ENSM I 00 T TR YSES SNND 7. Ordinance to AUTHORIZE ADOPTED,BY 10-0 Y Y V Y Y Y Y A Y YY encroachment into portions of City CONSENT B property. k Black Duck Inlet for Marshall H. T Groom,Jr.re wharf at 305 Back Bay A Crescent I DISTRICT-7 PRINCESS ANNE N E D 7 Ordinance to AUTHORIZE ADOPTED,BY I lU Y Y Y Y Y Y Y y Y Y V encroachment into portions of City CONSENT Properly: c. Lake Holly by Lake Holly East,on behalf of Unit/Owners'Assoc.re bulkhead/pier DISTRICT-6 BEACH Z Ordinance to AUTHORIZE ADOPTED,BY " he V Y Y Y TY Y Y V Y encroachment into portions of City CONSENT property: d Lake Holly for Lewis Schein/Sandra Harvey re floating pier at 312 Arctic Crescent DISTRICT-6 BEACH T Ordinance to AUTHORIZE ADOPTED,BY 10-0 Y Y V TY Y V A Y TY encroachment into portions of City CONSEN r B property: e. Lake Rudee for Carter M.Turpin,Jr.,/ T Casbar Holdings,LLC re wood A piles/floating deck with a boat liR at 227 I Mediterranean/600 Goldsboro Avenues N DISTRICT-6 BEACH D 8. Ordinance to ESTABLISH anew Capital ADOPTED,BY 11-0 Y Y Y Y Y V Y Y Y Y Y Improvement Project/APPROPRIATE CONSENT and TRANSFER funds: a. Traffic Safety Improvement IV $334,527(appropriate) O Cape Henry Lighthouse Restoration $362,800(appropriate) c. Fox Fire Trail Pedestrian Bridge $775,235(appropriate) d. City Bikeways/Trails Plan Implementation $348,295(transfer to Fox Fire Tm0) 9. Ordinance to ADOPTED,BY 11-0 Y Y V Y Y Y V V Y Y Y ACCEPT/APPROPRIATE: CONSENT a. $28,584 to Fire for Hazmat Team equipment 9. Ordinance to ADOPTED,BY II_q y V V V V Y y TY Y Y ACCEPT/APPROPRIATE'. CONSENT b. $50,000 to Eire for Tactical Rescue CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/05/2017 PAGE: 4 D A AGENDA V ITEM k SUBJECT MOTION VOTE A E. H E W B N E J S U 1 B P DNOK MS H L W O O V L N AOOR S 0 T R E E E N S , M I 010 T I R Y S ESIS N NID Team equipment 9 Ordinance to ADOPTED,BY 11-0 Y Y VEY Y V YY Y V ACCEPT/APPROPRIATE: CONSENT c. $202,868 from VA Behavioral Health/ Developmental Services to Human Services to expand in their permanent Supportive Housing 9. Ordinance to ADOPTED,BY 114IY YE V V YY EYE Y ACCEPT/APPROPRIATE: CONSENT d. $12,852 from VA Health Training Grant to EMS 9 Ordinance to ACCEPT and ADOPTED,BY 9-2 NY Y Y Y YNYVY V APPROPRIATE: CONSENT e. $3,485,396 CARRY FORWARD to FY 2017-18 in various Departments for previously approved operations 9. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y V Y Y V Y Y APPROPRIATE: CONSENT 1'. S49,637of Francis Land House Trust Fund to Aquarium/Museums and AUTHORIZE a DONATION of $49,637 to Friends of Historic(louses of Virginia Beach J. I. CLARENCE E./DORIS V BRYAN/ APPROVED/ II-0 Y Y Y Y Y V V Y V V V CINDY FELDMAN Variance to CONDITIONED,BY Subdivision Regulations re lot width at CONSENT 3388 Eagle Nest Point DISTRICT 5—LYNNIIAVEN 2. OCEAN BAY HOMES, APPROVED/ 10-0Y V Y Y V V V A Y V Y INC./PATRICIA A. MARTINO CONDITIONED,BY B Variance to Subdivision Regulations re CONSENT S non-con Conning single-family dwellings at T 2422 Baltic Avenue A DISTRICT 6—BEACH N E D 3 5073 VIRGINIA BEACII BLVD APPROVED/ 10-0 V YY YE Y VA YE V Modification of Conditions re a sign for at CONDITIONED,BY B 5073 Virginia Beach Boulevard CONSENT S DISTRICT 4—BAYSIDE T A N D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/05/2017 PAGE: 5 D A AGENDA V ITEM II SUBJECT MOTION VOTE A F H E W B N E 3 S U I B P DNORMS II 1. W O 0 Y LN A 0 0 R S 0 T R EEEN S M 1 00 T TR V S E S SNND 4. NEW MILLENNIUM SENIOR APPROVED/ 11-0 Y V Y Y Y V V V Y V V LIVING COMMUNITIES,LLC,et al. CONDITIONED for Modification of Conditions re expansion of Housing for Seniors/ Disabled Persons at 4225 and 4141 Shore Drive DISTRICT 4-BAYSIDE APPROVED/ 5. OUTDOOR RESORTS OF CONDITIONED,BY 11-7 YY Y V Y V V V V V V VIRGINIA BEACH CONDOMINIUM CONSENT ASSOCIATION, INC. Modification of Conditions re vehicle length at 3665 South Sandpiper Road DISTRICT 7 - PRINCESS ANNE 6. FREEDOM PROPERTIES VB, LLC APPROVED AS 10-0 V V V Y Y Y Y A V Y V Conditional COZ from R-I5 R to PROFFERED,BY B Conditional 0-2 at Wolfsnare Road and CONSENT S First Colonial Road DISTRICT 5 - T LYNNIIAVEN A N E D 7. MERNA HOLDINGS, LLC and APPROVED AS 11R V V V V V V V Y V V V ALLEN D.and PATRICIA A.YOUNG PROFFERED,BY Conditional COZ from R-7.5 to CONSENT Conditional 0-1 at 656 Alberthas Drive DISTRICTS-LYNNHAVEN 8. FRANKLIN JOIINSTON CROUP APPROVED AS e-7 N V V YY Y N V V V A MANAGEMENT/DEVELOPMENT, PROFFERED B LLC/VIRGINIA WESLEYAN S COLLEGE Conditional COZ from R-15 1' to Conditional A-24 at 5900 Wesleyan A Drive 1 DISTRICT 4-RAYSIDE N E D 9. SACRED DAGGERS, LLC/GIBSON APPROVED/ 11-0 V V V V V Y V V Y Y V ENTERPRISES,LLC CUP re a Tattoo CONDITIONED,BY Parlor at 3972 Holland Road CONSENT DISTRICT 3-ROSE HALL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATEU9/05/2019 PAGE. 6 D A AGENDA V ITEM 14 SUBJECT MOTION VOTE A E H E W B N E J S U B P DNOK MS HLW O 0 Y L N A OOR SO TR EF ENSMI 00 T TR Y S E S SNND K. APPOINTMENTS: RESCHEDULED BY CONS ENS U S AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION COG HOUSING ADVISORY BOARD MEDAC PARKS/RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION S rORMWATER APPEALS BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Appointed: 9-0 Y Y Y Y Y Y A A Y V Y HOUSING ADVISORY BOARD I looter D. Hanger 4 year term 10/1t11-930/21 Appointment: 9-0 V Y Y V V V A A V V V PARKS/RECREATION William Bmnke COMMISSION 3 year term 9/1/19—8/31RO I/M/N ADJOURNMENT 805 PM OPEN DIALOGUE 8:05-8-29 PM 6 SPEAKERS Cita Council Mid-fear Retreat September 12,21117 Economic Dc'(laymen(Con f renee Room TUN n Center Working agenda • 8:00 to 8:30 am Continental Breakfast • 8:30 to 9:30 am Lyle's Perspective on Cities in the 215 Century • 9'30 to 12:00 noon City Council and Manager's Staff Discussion on Initiatives • Noon to 12:30pm Lunch • 12-30 pm to 3:30 City Council and Manager's Staff Discussion on Initiatives