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OCTOBER 17, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL toniAeFacy MAYOR WILLIAM DSESSOMS, Al-Large OVIOLMAYOR LOUIS RJONES,Byd nutria 4 JESSICA P ABBOII Kempsville Ilwrici 2 M BENJAMIN DA VEN)OR T,Al Large U RushRI M OMR Centerville•Dostrio I BARBARA N HENLEY Y ' A Untricir SHANNON OS KANE.Race Hall JOHN 0-MOSS.At Largeou. ✓011N R.UHION.Beach-District 6 "1 ROSEMARY WILSON,Al-Large IAMBS L. WOOD.L.ynnhaven-Damm 5 CITY HALL BUILDING 2401 COU DRIVE CITY COUNCIL APPOINTEES CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH. VIRGINIA 223456-9085 E 3 CIZYATIORNEV-MARK U.STILES CITY COUNCIL AGENDA PHONE(757)385-4303 CUT ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS RDMAs October 17,2017 E-MAIL'C9rnci@vbgov.com CEIY CLERK-RUTH HOlXLS FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A. REGIONAL BROADBAND INITIATIVE David L. Hansen, City Manager B. DATA CENTER INCENTIVES AND BROADBAND MARKETING Warren Harris, Director—Economic Development C. UNAUDITED FINANCIAL RESULTS Patti Phillips, Director—Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Nanette Hilliard, DD, Pastor Great Awakening United Church of Christ 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 October 3, 2017 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATIONS: a. THE WEEK OF' NON-VIOLENCE Dr. Amelia Ross-Hammond— Black Women for Positive Change Rajeeb Islam, Chair - Human Rights Commission b. EXTRA MILE DAY James E. Parke, Director- Volunteer Resources I. PUBLIC HEARING 1. Transportation Alternatives Set-Aside Program Application to VDOT - Pedestrian and Bicycle Enhancements J. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT an application for the Virginia Department of Transportation(VDOT) Transportation Alternatives Set-Aside Program re pedestrian and bicycle path enhancements 2. Resolution to ADOPT the Community of One Plan re homelessness in Virginia Beach 3. Resolution to ENDORSE the Regional Broadband Initiative in partnership with other localities and to apply for a "GO Virginia" Grant 4. Ordinance to AUTHORIZE an Amendment to the lease between the City and Back Bay Waterfowl Guild, Inc. at 1113 Atlantic Avenue(deWitt Cottage) 5. Ordinance to AUTHORIZE the acquisition of property at 5544 Normandy Avenue re Elizabeth River public access 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Lake Joyce re bulkhead, fencing, patio, planters and a deck at 4229 Battery Board DISTRICT 4 - BAYSIDE 7. Ordinances to ACCEPT,APPROPRIATE or TRANSFER: a. $19,959 cash in-lieu-of park reservation payment from the Vineyard Subdivision and APPROPRIATE to CIP 4-500 Park Playground Renovations III b. $50,000 Grant from the City to the Virginia Beach Volunteer Rescue Squad, Inc. re purchase of a new Ambulance c. $125,000 Grant from the Virginia Tourism Authority to Economic Development re Virginia Sports Hall of Fame d. $1,598 from the Fire Department Gift Fund re purchase of grills for Fire Station 8 and 19 e. $55,800 from the Police Federal and State Seized Assets Special Revenue Fund re crime scene technology and canine replacement K. PLANNING 1. WAVE CHURCH for Modification of Conditions re a development of a turf field and picnic shelter at 1000 North Great Neck Road (last modified August 14, 2015) DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. EVERGREEN VIRGINIA, LLC at 3033, 3025, 3001 & 2981 Virginia Beach Boulevard DISTRICT 6—BEACH a. Modification of Conditions to expand an existing sales and service building(last modified February 22, 2000) b. Conditional Use Permit to add car wash RECOMMENDATION: APPROVAL 3. METAMORPHOSIS SALON AND SPA and E T ENTERPRISES,LLC for a Conditional Use Permit re a tattoo parlor, body piercing at 624 Independence Blvd, Suite 102 DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. ALAN ZINKE for a Conditional Use Permit re a home occupation - firearms sales at 2252 Creeks Edge Drive DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL PLANNING COMMISSION RECOMMENDATION: DENIAL 5. HOLLAND SOUTH INVESTMENTS,LLC for a Conditional Change of Zoning from B-1 A Limited Business to Conditional B-2 Community Business at 3420 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. OANH DANG and HOLLAND SOUTH INVESTMENTS, LLC for a Conditional Use Permit re a tattoo parlor and body piercing at 3420 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. ATLANTIC WILDFOWL HERITAGE MUSEUM and THE CITY OF VIRGINIA BEACH for a Conditional Use Permit re an open air market at 1113 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. EYE CANDY LASH BOUTIQUE and HOLLAND PLAZA SHOPPING CENTER, LLC for a Conditional Use Permit re a tattoo parlor at 4322 Holland Plaza DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 9. SHYAN J. and JEREMEY RYAN CSTALOS for a Conditional Use Permit re a family day- care home at 1921 Perrel Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. 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(Deferred September 19, 2017) DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE OF APPEALS HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD 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 ******************** 10/17/17/st MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A. REGIONAL BROADBAND INITIATIVE David L. Hansen, City Manager B. DATA CENTER INCENTIVES AND BROADBAND MARKETING Warren Harris, Director—Economic Development C. UNAUDITED FINANCIAL RESULTS Patti Phillips,Director—Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Nanette Hilliard, DD, Pastor Great Awakening United Church of Christ 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 I. INFORMAL and FORMAL SESSIONS October 3, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATIONS: a. THE WEEK OF NON-VIOLENCE Dr. Amelia Ross-Hammond—Black Women for Positive Change Rajeeb Islam, Chair- Human Rights Commission b. EXTRA MILE DAY James E. Parke, Director - Volunteer Resources e ca a igirottenttation Wien= America's problems win vio(ence within our society have eft.'not abatee.( during the An decade,ieectingfami&s in every wake&4 and threatening out national scanty ant the safety Volt r chasm,youth,adults,union andfomihe and SY%arar 44k recognise the need to quefdivisive and hurtful.rlutoncthat can Matto vide=in our comm ey by increasing union-tandems trough education,conj&ct tuolution,andnarwiokna training and resources ant S4*nae In the spirit ofhowling 4k Minim eutherl(jngJr.anthiscaffornon-v1ence in America,made at the.Match on Washington on Afloat 28,1963;au than that commitment to undenmmdmg,peace,anemia as we a&6mte the dh*sity of our country as a source 4.growth that Ca bring us togetfterratherthan dwiin•ant Meow (BMckc4romntfor 4b+iti,,Grunge,a nationa4 ci'vi4 aofunteeraigastication in coifahoratian and the City Vccrgu is peach.RSgntia Orae City Tuft&Sehoo4,the Virginia (BraccchKfuman 64ghls Commission,the AncaiAmerican Cu n counter,fat--haw keen, nationalasganieanon*ekaedefitia6 and�n:unity Galen an calling,*a National Somme on Won-V4ofenee arta we4of ron44'o4nce. 9lw,Virgin 1,Wiliam D.Semoms h 9ta,3nrof to City af54sgimc(Brat(,V4 oda,do herebyOodain; • October15,2017 through October23, 2017 'The WeekofNon-Vio&ence In cbginia pod;and iasktlwt this sueeknn,e as a=tinder to alfofour snared purpose and encourage all citizens to promote non-viofna with appropriate pmgmms,ceremonies and activities. In Wetnw*nwf I have heaunto set by hand'and=seethe OfficiasSea(of the City of Virginia(Beady'Agana, to he~air T yteent day ofOctober,Two'Thousand and Seventeen V46Ptam 43.Sessorns,yr. Moya Q U"1A%h • ••6 n e or r„ �= rottamation Meteor The City of 'Gi'rginia Beach is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens coPectively go the tttra mile'in personal.effart,volunteerism, and service;and VNiereas Virginia Beach is a community which encourages its citizens to maijmize their personal contribution to the community 6y giving of themselves wholeheartedly and with total effort, commitment, and conviction to their indwidualambitions,family, friends, andcommunity;and 4Miereas: Virginia Beach is a community which chooses to shine a light on and celebrate indwiduah and organizations within its community who "go the extra mile'in order to malt a difference andlft upfeaaw members of their community;and Whereas Virginia Beach acknowledges the mission of Extra$Rile America to create 575 Extra M1t& cities in America and is proud to support °Extra :Mile spay"on November 1, 2017. Now, Oteefms I, 'WIQwm N.Sessoms,Jr.,Mayor of the City ofVirginia Beach, Virginia,do hereby Proclaim: November 1, 2017 Extra JKi Te Day In'Virginia Beach, and urge each individual in the community to take time on this day to not only go the extra mile"in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations,families, community, country, or worlda better place. In Wanes: *enf; I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to 6e affixed this Seventeenth day of October,Two Thousand Seventeen. 6d William(D.Setsoms,9r. Mayor I. PUBLIC HEARING 1. Transportation Alternatives Set-Aside Program Application to VDOT - Pedestrian and Bicycle Enhancements a) _o c E +- •o c a) o 5 -0_c co 7 a) 2 C L a) -6 m L • a0 OS tpa E o) c° a• E * a) -• oL NM i• U coioE) Xcam — c � ro Z 09 N a3 a U v) L 0 0 a) U U a mt0 O w w m � OLL0 � t .3 � � 'aY cu?) oh— A U = N - 'O O ` E a) al 2 st D Uo3 'c1 ° o � 0 vi 2 No H ° v o a) aa)) c) £ � �c ai aa � ° a) T Q L N L L i co L a E a) i f+ C p) _T i c0 'C 2 a) O C U O co E co y ESU u) ac)i M CD 1_ ro ci a a)as mM oy °o� Y J Um y Qm ° a .0 cc 2 W E E cam = as • = a) CO IiOimpp •pl � � my � a�8 .22 � CD � a �th � vn = � �� _ (0 Q a 'U W O > cl, _N > r i al 1 OC U al 0 = N- 5 .51ca aa2%T 6 >, N Q � 0cts r a) a) ■e im U _CO CO as Y t, i U = !n C — as 3 > yo U02 c I- - caLc C zO a) a OL U. c � ~ EUNE2cY OgU O a o � 4L c (j)i a = r O 0 4" 0 > H a) > ( a) 0 C ° F °O SOp .07s ro � E -oU 8a W a :. fp, m - E . I E c c . 2` _ >, ° a 0 f+ i O U -c a) g Y = d N 'O a) N y O1 • O >, V) N U c E. m td a) co U > -° ci c I— V y as m .c' QE o � a � o 0 c co' E E 8 Oa m co cc , E L ° a s o) .E >, z Z o .c ° co c°i ? > a) •U IP ui cc Y c H L .FT T, oma .> a a) 3c ° o ~ Ofl > •� o a°) 0 cc 5 '> c°) U09 J. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT an application for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set-Aside Program re pedestrian and bicycle path enhancements 2. Resolution to ADOPT the Community of One Plan re homelessness in Virginia Beach 3. Resolution to ENDORSE the Regional Broadband Initiative in partnership with other localities and to apply for a"GO Virginia" Grant 4. Ordinance to AUTHORIZE an Amendment to the lease between the City and Back Bay Waterfowl Guild, Inc. at 1113 Atlantic Avenue (deWitt Cottage) 5. Ordinance to AUTHORIZE the acquisition of property at 5544 Normandy Avenue re Elizabeth River public access 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Lake Joyce re bulkhead, fencing, patio, planters and a deck at 4229 Battery Board DISTRICT 4 - BAYSIDE 7. Ordinances to ACCEPT, APPROPRIATE or TRANSFER: a. $19,959 cash in-lieu-of park reservation payment from the Vineyard Subdivision and APPROPRIATE to CIP 4-500 Park Playground Renovations III b. $50,000 Grant from the City to the Virginia Beach Volunteer Rescue Squad, Inc. re purchase of a new Ambulance c. $125,000 Grant from the Virginia Tourism Authority to Economic Development re Virginia Sports Hall of Fame d. $1,598 from the Fire Department Gift Fund re purchase of grills for Fire Station 8 and 19 e. $55,800 from the Police Federal and State Seized Assets Special Revenue Fund re crime scene technology and canine replacement `4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Applications for the Virginia Department of Transportation's (VDOT) Transportation Alternatives Set-Aside Program (TAP) funding for FY 2018-19 and FY 2019-20 MEETING DATE: October 17, 2017 ■ Background: The Transportation Alternatives Set-Aside Program was authorized in the federal transportation bill — "Fixing America's Surface Transportation Act", also known as the FAST Act. The program is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. The Program focuses on providing for pedestrian and bicycle facilities and community improvements. The Transportation Alternatives Set-Aside Program is part of the Federal-aid Highway program. Starting in 2017 the Transportation Alternatives Set- Aside Program is beginning a biennial application cycle with project award and allocations for both FY 2018-19 and FY 2019-20. The following six (6) projects have been identified as candidates for FY 2018-19 and FY 2019-20 funding: FY19: 1. Violet Bank Trail —This project will provide a 10-ft wide asphalt path connecting the eastern end of Violet Bank Drive to Selwood Drive, a distance of approximately 0.6 miles. The shared use path will be located along the "paper street" portion of Violet Bank Drive that does not have a roadway. This route is currently heavily used by pedestrians, as evidenced through the worn down pathway at the project site. This project also includes vegetation removal and accessible curb ramps at the east end of Violet Bank Drive and at all intersections the trail will cross (16 curb ramps total). This project will provide safe mobility to members of the community as an alternative to walking/biking alongside Providence Road, which does not have a sidewalk and is heavily traveled, with over 15,000 vehicles per day. The total project cost is approximately$475,000. The City will provide a minimum 20% match ($95,000) from the Parks & Recreation City Bikeways and Trails Plan Implementation CIP Program (CIP 4-064) and request the remaining 80% ($380,000) in TAP funds. 2. Three Oaks Elementary Multi-Use Path — This project will provide a 10-ft wide asphalt path connecting the Sherwood Lakes and Highgate Greens neighborhoods to Three Oaks Elementary School, a distance of approximately 0.3 miles. The proposed path will connect to the end of Tallwood Trail and replace an existing inadequate path at the end of Tree Garden Way. The shared use path will be located along the western side of a planned City park site; no site acquisition will be required. As evidenced through the worn down pathway at the project site, this route is highly used by pedestrians.This project also includes a small footbridge and vegetation removal. This project will provide safe mobility for members of the community to the Three Oaks Elementary School and the planned Three Oaks Park, and will qualify as a Safe Routes to Schools project. The total project cost this phase is approximately $575,000. The City will provide a minimum 20% match ($115,000) from the Parks & Recreation City Bikeways and Trails Plan Implementation CIP Program (CIP 4-064) and request the remaining 80% ($460,000) in TAP funds. 3. Parliament Drive Sidewalk— Phase I —This project will provide a 5-ft wide concrete sidewalk along the southern side of Parliament Drive from Coventry Road to Green Kemp Road, a total distance of approximately 0.20 miles. The proposed improvements will provide a continuous sidewalk from Coventry Road to Green Kemp Road. The proposed concrete sidewalk will connect to existing sidewalks at Coventry Road and Green Kemp Road as well as a small section of existing sidewalk within the project limits. The concrete sidewalk will be located entirely within the existing right- of-way. This project also includes new accessible curb ramps at all the intersections along Parliament Drive, piping the existing ditch, new curb and gutter and utility relocations. It will greatly improve safety for pedestrians walking to Point 0' View Elementary School as well as the adjacent shopping center and church. The sidewalk will provide connectivity in an area that is heavily traveled by pedestrians. The total project cost is approximately$920,000. The City will provide a minimum 20% match ($184,000)from the Roadways Traffic Safety Improvements CIP Program (CIP 2-111) and request the remaining 80% ($736,000) in TAP funds. FY20: 4. South Boulevard Sidewalk —This project will provide a 5-ft wide concrete sidewalk at two locations along the south side of South Boulevard to provide a continuous sidewalk between Independence Boulevard and Expressway Drive, a total distance of approximately 0.50 miles of proposed sidewalk. The proposed concrete sidewalk will tie in to existing sidewalks at Independence Boulevard and Expressway Drive and an existing sidewalk between Ridge Club Apartments and the adjacent commercial property. The concrete sidewalk will be located entirely within the existing right-of-way. This project also includes new accessible curb ramps at all the intersections along South Boulevard, piping the existing ditch, new curb and gutter and utility relocations. It will greatly improve safety for pedestrians walking to Mount Trashmore Park, and provide connectivity in an area that is heavily traveled by pedestrians. The total project cost is approximately$760,000. The City will provide a minimum 20% match ($152,000)from the Roadways Traffic Safety Improvements CIP Program (CIP 2-111) and request the remaining 80% ($608,000) in TAP funds. 5. Euclid Road Sidewalk — Phase II — This project will provide a 5-ft wide concrete sidewalk at two locations along the north side of Euclid Road to provide a continuous sidewalk along Euclid Road between Onondaga Road and Kellam Road. One location of sidewalk to be provided is from the west end of the Seventh Point Advertising, Marketing, and Public Relation property to the east end of the Motel 6 property for an approximate length of 130 LF. The second location of sidewalk to be provided is from Onondaga Road to the west send of the Motel 6 property for an approximate length of 630 LF. This project will also include tree removal, new accessible curb ramps at the intersections, and utility relocation. The total project cost is approximately$400,000. The City will provide a minimum 20% match ($80,000) from the Roadways Traffic Safety Improvements CIP Program (CIP 2-111) and request the remaining 80% ($320,000) in TAP funds. 6. Parliament Drive Sidewalk— Phase II —This project will provide a 5-ft wide concrete sidewalk along the southern side of Parliament Drive from Green Kemp Road to the Arrowhead Plaza Shopping Center just west of Gallant Fox Road, a total distance of approximately 0.20 miles. The concrete sidewalk will tie in to existing sidewalk at the Arrowhead Plaza Shopping Center and Green Kemp Road. The concrete sidewalk will be located entirely within the existing right-of-way. This project also includes new accessible curb ramps at all the intersections along Parliament Drive, piping the existing ditch, new curb and gutter and utility relocations. It will greatly improve safety for pedestrians walking to Point 0' View Elementary School as well as the adjacent Arrowhead Plaza Shopping Center and church, and provide connectivity in an area that is heavily traveled by pedestrians. The total project cost is approximately$945,000. The City will provide a minimum 20% match ($189,000)from the Roadways Traffic Safety Improvements CIP Program (CIP 2-111) and request the remaining 80% ($756,000) in TAP funds. • Considerations: The Transportation Alternatives Set-Aside Program is not a grant program and funds are only available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. In addition, the locality must provide a minimum 20% match. The local match will be provided using existing funding within the Roadways Traffic Safety Improvements CIP Program (CIP 2-111) for Parliament Drive Sidewalk - Phases I and II, South Boulevard Sidewalk and Euclid Road Sidewalk - Phase II. Existing funding within the Parks & Recreation City Bikeways and Trails Plan Implementation CIP Program (CIP 4-064) will provide the local match for Violet Bank Trail and Three Oaks Elementary Multi-Use Path. • Public Information: Public information will be handled through the normal Council Agenda process. Additionally, VDOT requires a public hearing, which was published in the October 8, 2017, Beacon. The public hearing will occur at the October 17 meeting. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Project Detail Pages (6) Recommended Action: Approval Submitting Dep.rt I - � agency: Public Works Engineering t< City Manager: lb. `t. 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE FY 2018-19 AND FY 2019-20 3 VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM 6 7 WHEREAS, the City of Virginia Beach is eligible to submit applications through 8 the Virginia Department of Transportation Fiscal Years 2018-19 and 2019-20 9 Transportation Alternatives Set-Aside Program providing pedestrian, bicycle facilities, 10 and community improvements; and 11 12 WHEREAS, the City can request 80% of the project cost, up to $1,000,000, in 13 federal pass-through funding and must provide the remaining 20% local match for each 14 project; and 15 16 WHEREAS, the City's has identified six high-priority projects as candidates for 17 this funding. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the Virginia Beach City Council hereby supports these applications 23 totaling $4,075,000, with $3,260,000 in federal funding and the remaining $815,000 in 24 local funds; 25 26 a. A total of $475,000 for the Violet Bank Trail, with $380,000 from federal 27 funds and $95,000 in local funds; 28 b. A total of $575,000 for the Three Oaks Elementary Multi-Use Path, with 29 $460,000 from federal funds and $115,000 in local funds; 30 c. A total of $920,000 for the Parliament Drive Sidewalk- Phase I, with 31 $736,000 in federal funds and $184,000 in local funds; 32 d. A total of $760,000 for the South Boulevard Sidewalk, with $608,000 in 33 federal funds and $152,000 in local funds; 34 a A total of $400,000 for the Euclid Road Sidewalk-Phase II, with $320,000 35 in federal funds and $80,000 in local funds; and 36 f. A total of $945,000 for the Parliament Drive Sidewalk- Phase II, with 37 $756,000 in federal funds and $189,000 in local funds; 38 39 2. The City hereby commits, subject to appropriation by the City Council, to fund its 40 local share of preliminary engineering, right-of-way and construction, as applicable, of 41 the projects under agreement with the Virginia Department of Transportation in 42 accordance with the project financial documents. 43 44 3. That the City Manager is hereby authorized to execute on behalf of the City of 45 Virginia Beach all necessary project agreements for project development and 46 construction. 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: y n 1 David Bradley Dana 1afine9er Budget and Management Services City Attorney's Office CA14164 R-1 October 4, 2017 al LL _ o O U C o (3) r o .L.LA -0 a) +� a) v ,ye .. :t -° te - -OinI C° I ti. > 4- O > Et .a) an , _.,, ^`2i' •L o 3 4- v) L .. ; a-+ C o ate-, c >, c (n . CO Q. D O o 7 _ a) - 0 O N >• Q1)) C a) "a ,~ ' V.rti o a) I . 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Q O N c aJ Q w .7 (p 0 0 to (1` std N jO CO U c N 0 © l \\o�e'2 F; c aa Liik' _E 0 A'''. • CO ro a c O d l0 U o d S,alboil Q° �A� C N c N } •5 (o L(1 �" a Y A r. ° c eLO a0 }, L a b tue _ _ Q 3 •� a, co c N c: oL I b 47, .X c p Q N A ,t VI cu "d a "�ea i /— Q 3 v a 3 U I— CO .1/2 Joe 4. #ratINI, K ° ti ilk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the Community of One Plan to Address Homelessness MEETING DATE: October 17, 2017 • Background: On October 22, 2013, City Council adopted the City's Strategic Plan to End Homelessness. Over the last 18 months, staff and the community have led a process to update and revise the plan. The draft revised plan was distributed to Council and briefed on September 12th. The BEACH Governing Board voted to recommend the plan to Council for adoption on September 26th. The plan is intended to represent the goals of the Virginia Beach community as represented by the BEACH Community Partnership. The updated plan recognizes changes and accomplishments since the adoption of the last plan in 2013; and sets seven major goals, including the opening of the Housing Resource Center. • Considerations: It is important to have a strategic plan to guide the significant efforts and resources being devoted to homelessness. In addition, a community-wide strategic plan is required in order to continue to receive key Federal and State funding. • Public Information: This item will be advertised as part of the regular Council agenda process. The draft plan was posted on the City's Virtual town hall in August and September; comments were reviewed and a response to all comments were posted there as well. In addition,the public had the opportunity to learn about the plan at the September 121h Council workshop meeting. • Recommendations: Adopt the resolution • Attachments: Community of One Plan; Resolution Recommended Action: Approval Submitting r en t , genc of Y •f Housing and Neighborhood Preservation City Manager: i 1 A RESOLUTION TO ADOPT A COMMUNITY OF ONE 2 PLAN TO ADDRESS HOMELESSNESS 3 4 WHEREAS, the City of Virginia Beach's vision of a Community for a Lifetime 5 includes all residents; and 6 7 WHEREAS, addressing the problem of homelessness is a part of achieving that 8 vision; and 9 10 WHEREAS, on October 22, 2013, the City Council adopted the City's Strategic 11 Plan to End Homelessness (the "Plan"); and 12 13 WHEREAS, the Plan has been updated after receipt of input from staff and the 14 community; and 15 16 WHEREAS, the BEACH Governing Board voted to recommend the plan to the City 17 Council on September 26, 2017; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The Community of One Plan for Homelessness (the "Plan"), attached hereto 23 as Exhibit A, is hereby adopted as the City's Strategic Plan to End 24 Homelessness; and 25 26 2. The City Council asks all those with an interest in ending homelessness to work 27 cooperatively with the City in alignment with the Plan; and 28 29 3. The City Council authorizes and directs the City Manager to submit the Plan to 30 the U.S. Department of Housing and Urban Development and other interested 31 groups on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I NII , v And‘e Fee' an ! - • _ • re er Depah e t of Housing and City Attorney's Office NeighboThood Preservations CA14166 R-1 October 4, 2017 • 410 4 topi obk • 011) 00. 0406 101 • COMMUNITY OF ONE MAKING HOMELESSNESS RARE, BRIEF & NONRECURRING (2017-2020) VIRGINIA BEACH, VIRGINIA • � ACKNOWLEDGMENTS �.• Community of One is the collective work of faith, City, and nonprofit organizations, The Story Behind the Starfish and represents the vision of the entire community to make homelessness rare, brief, and nonrecurring. rut LL n1t�,, tt how woe hay, �� The City of Virginia Beach and the BEACH Community Partnership gratefully ''�" 06 bei, acknowledge the many citizens, faith organizations, City agencies, and nonprofit uht them, ale 4444, aid service providers who made contributions in developing this plan and provided feedback, including: dotty eve ty Nat?yow cunt p° ea ewdigeAtitcd • BEACH Governing Board • City of Virginia Beach Department of Health Ateks,@iu our9h``"'6 t • City of Virginia Beach Department of Human Services etoto,,,Fitht"pe.taiw ' • Community Alternatives Management Group `` iet1 `"�0 • The Endependence Center dm°claw. • Judeo-Christian Outreach Center it Iva tire w ELL, • LGBT Life Center ua, „��rvAafz a Qemnze • Performance Monitoring Committee Pi,du+to►te.” • PIN Ministry • Potter's House - Excerpt is adapted from • The Planning Council The Star Thrower by • Samaritan House Loren Eiseley • Seton Youth Shelters • Stand Up For Kids O • VetsHouse • Virginia Beach Community Development Corporation Community of One was written by staff of the City of • Virginia Beach City Public Schools Vrginia Beach Department of • Virginia Organizing Housing and Neighborhood • Virginia Supportive Housing Preservation • Volunteers of America Principal Author Pam Shine, Homeless A special thank you to consultant Claudia Gooch, for interviewing the dozens of faith System Manager community members and nonprofit service providers, whose input influenced many of the themes and ideas in Community of One. Writer, Editor, &Designer Jasmin Ciesielski, Media We would also like to recognize the Virginia Beach City Council, City Manager Dave &Communications Hansen, and Deputy City Manager Ronald Williams Jr.for supporting our community Coordinator effort and providing guidance for developing this plan. Direction&Guidance Andrew Friedman, Director Karen Prochilo, Housing Development Administrator f TABLE OF CONTENTS ,._ . ... ` • , ... sa \ 3 Executive Summary ifM eV, .. 5 Homelessness in Virginia Beach Understanding the Scope of the Problem 13 Our Community System 17 How is Our Community System Funded? 0 18 Community System Partners 20 How do People Access Services through Our Community System? 22 Making Progress&Achieving Success 25 The Challenges that Remain 27 Vision & Process for Developing the Plan 28 Context for the Community of One Plan 31 Process for Developing the Community of One Plan 33 Community of One Action Plan 34 Goal 1:Transform Our Service System to Make Homelessness Rare, Brief, and Nonrecurring 39 Goal 2: Make Family Homelessness Rare, Brief,and Nonrecurring 41 Goal 3: Make Chronic Homelessness Rare, Brief,and Nonrecurring 43 Goal 4: Make Youth Homelessness Rare, Brief,and Nonrecurring 45 Goal 5: Maintain and Increase the Supply of Permanent, Accessible, and Affordable Housing 47 Goal 6:Increase Leadership,Collaboration,and Civic Engagement in Our Community Efforts 49 Goal 7: Develop and Maintain Sustainable Resources to Support Our Ongoing Community Effort 0 51 Implementation, Monitoring & Evaluation 0 53 Appendices 54 Appendix 1:2013 Strategic Plan to End Homelessness Action Plan(updated with statuses) 62 Appendix 2: Housing Resource Center Fact Sheet 64 Appendix 3:Glossary of Acronyms&Terms 68 Appendix 4:Online Resources gi§a Pell:::, Ilk* it !Ix"- kry, ... , ' A Nef • w 1111- ti • - 111. �/ 1 iiipipi , J ` = r „, \, , • . 1. ,,K . 4 i . . . , . .., , . ,,,,s, ,\Iii: • .. • . , • •' 44 , +a i' .• t '• I. w t '4. h.,. , - •1!► . I ,., . '-- '..1k V. . - . 4 - EXECUTIVE SUMMARY Community of One represents a shared vision to make homelessness rare, brief, and nonrecurring. The plan outlines a path toward a future where everyone in Virginia Beach will be able to live in safe, decent, and affordable housing. The goals, objectives, and action steps presented in Community of One align with four major themes that will guide our work over the next three years: Reinvigorating and Inspiring New Partnerships Since the early 1980s, our community has been committed to ending homelessness in Virginia Beach through a tapestry of faith, City, and nonprofit organizations working together.A testament to the power of regional and community partnerships is our successful effort to functionally end veteran homelessness in 2015. Through Community of One, we will continue and expand these partnerships that have laid the foundation of our work. A collaboration between the City's Health and Human Services departments will bring additional services to enhance our system. And, we will actively engage businesses and higher education institutions to join our community effort. Building on our Successes and Enhancing Our System in a Unified Way Since the 2013 Strategic Plan to End Homelessness was adopted, we have truly created a far more unified system with one access point, one standardized COMMUNITY OF ONE 3 EXECUTIVE SUMMARY assessment, and one referral system. The wasted effort by homeless persons and agency staff making multiple calls to various providers, even across the region, has been eliminated through the creation of the Regional Housing Crisis Hotline. Community of One Goals The most vulnerable families and individuals are connected to housing and shelter resources more quickly and fairly.Through our coordinated intake and assessment • Goal 1:Transform Our system, everyone is consistently assessed and served based on their condition and Service System to Make need, rather than when they accessed our system. Our robust regional homeless Homelessness Rare, data management system provides far more accurate and useful information on the Brief,and Nonrecurring needs in the community and the services we provide. • Goal 2: Make Family Homelessness Rare, We will build on the momentum of the progress we have made and lessons we have Brief,and Nonrecurring learned to help us tackle new challenges as a community, especially in the areas of family, youth, and chronic homelessness. • Goal 3: Make Chronic Homelessness Rare, Brief,and Nonrecurring Challenges&Opportunities of Opening the Housing Resource Center • Goal 4: Make Youth Homelessness Rare, The Housing Resource Center will be the centerpiece of our community system Brief,and Nonrecurring and enhance how we make homelessness, rare, brief, and nonrecurring.The addition of new shelter, housing, and service opportunities, and the management • Goal 5: Maintain and of partnerships and relationships, all under one roof,will challenge and push our Increase the Supply of community towards more innovation, collaboration, and accountability. With the Permanent,Accessible, opening of the Housing Resource Center, Virginia Beach is poised to become a and Affordable national leader in the effort to prevent and end homelessness.While our community Housing system is much larger, both geographically and in services than the Housing • Goal 6:Increase Resource Center, ensuring the success of this new facility, from the ground up,will Leadership, necessarily be a major focus. Collaboration,and Civic Engagement in Our Community Efforts Engaged &Committed Leadership • Goal 7: Develop and The key to Community of One is the ability of people from many diverse Maintain Sustainable organizations working in concert toward a common goal. Our community is Resources to Support fortunate to have many individuals and organizations who have helped set that Our Ongoing tone and example, from all portions of our system.We have active faith, nonprofit, Community Effort and government leadership that sees the value of a community system and the role each other plays.Together we strive to strengthen and improve the institutions and relationships that keep the system connected and in sync. To the extent that our community can continue to do that, we will continue to see progress and success in preventing and ending homelessness. The enduring partnerships between City, faith, and nonprofit organizations, spanning more than three decades, embodies the spirit of Community of One. It is it not only our strategic plan, it is a renewed commitment between all of us to continue working together toward making homelessness rare, brief, and nonrecurring for all families and individuals in Virginia Beach.Through Community of One, we hope to inspire others to join in this effort. 4 COMMUNITY OF ONE N • /.4.• • HOMELESSNESS IN VIRGINIA BEACH For many people, the image that comes to mind when they think of homelessness is the person sleeping on a bench or standing in the median holding a cardboard sign. In reality, homelessness takes many forms and affects families and individuals from all walks of life who often go unnoticed by the community around them. They are the mother and her children who are escaping domestic violence. The teen who just turned 18 and has now aged out of the foster care system.The family whose home and possessions have been lost to a flood. The veteran who bravely served our country, but now suffers from depression and PTSD. The food service worker who sleeps on a friend's couch in between shifts. The senior who must choose between a place to live and medication to manage his disability. Anyone can become homeless. The reasons why families and individuals experience homelessness are as diverse as the people it touches. Job loss, mental illness, family breakup, eviction, a natural disaster, and the inability to afford housing or health care costs are just a few examples. The impact of homelessness on a community is far-reaching and long-lasting. The crisis of homelessness perpetuates itself in poor educational, health, employment, and family outcomes for our community's most vulnerable residents. The cost to the community as a whole can be measured by expenditures for police and court intervention, incarceration, emergency medical services, and hospital visits, which are estimated to cost more than $20,000 per person per year. Addressing homelessness and providing everyone the opportunity to live in safe,decent,and affordable housing is not only a quality of life issue, it is also an economic one. COMMJNITY UE UNE 5 HOMFI FSSNESS IN VIRGINIA BEACH 1 v I- `\ , How Can We End Homelessness? t0 be be We believe that homelessness is a problem that can be solved by: o v • Preventing as many people as possible from becoming homeless pol . Shortening the length of time people experience homelessness aomelest • Helping people leave homelessness behind for good °m e one In other words,make homelessness rare,brief,and nonrecurring--that is our definition S111 1 of ending homelessness. W ithout Making Homelessness Rare n 0 h °1) The following graph illustrates the unduplicated total of individuals that were considered to be first-time homeless in Virginia Beach during the last three fiscal years. A client is considered first-time homeless if the individual did not enter any emergency shelter, transitional housing, or permanent housing program within our Homeless (Federal HUD Continuum of Care (CoC) during the previous 24 months. The number of people who Definition): People who are were first-time homeless in Virginia Beach decreased by 12 percent between FY 2015 living in a place not meant and FY 2016. We will strive to make homelessness rare by continuing to lower the for human habitation, number of people who experience homelessness. in emergency shelter, in transitional housing,or are exiting an institution where Number of Persons First Time Homeless they temporarily resided. This includes: • People who are losing their primary nighttime residence,which may include a motel or hotel or a doubled up situation,within 14 days and lack resources or support networks to remain in housing. • Families with children or unaccompanied youth who are unstably600 FY 7n1.: FY 2015 FY 201E housed and likely to continue in that state. Source:Hampton Roads Homeless Management Information System(HMIS) • People who are fleeing or attempting to flee domestic violence, have no other residence, and lack the resources or support networks to obtain other permanent housing. 6 COMMUNITY OF ONE HOMELESSNESS IN VIRGINIA BEACH Making Homelessness Brief In FY 2016,the median number of days a homeless individual remained in emergency shelter or transitional housing before moving to permanent housing was 81 days, an Continuum of Care increase of 12 days from FY 2014 and 2015.One possible explanation for this increase (CoC):A collaborative, is that because our system focuses on serving the most vulnerable individuals, (e.g. community funding and plgreatest and most extensive needs and longest history of homelessness) connecting rangengiofng housingess foa of housing and them to permanent housing may take longer.We must reverse this trend and connect services addressing the people to permanent housing faster, thereby shortening the length of time families needs of homeless families and individuals experience homelessness. and individuals.A grant application is submitted Median Number of Days Persons Remain in Emergency Shelter or Transitional Housing annually to the HUD for funding to implement the community plan.The group of community partners involved in this process is often referred to as the "Continuum of Care." n Homeless Management Source:Hampton Roads HMIS Information System (HMIS):A computerized data collection application Making Homelessness Nonrecurring that records and stores information on homeless To truly end homelessness, we must break the cycle of homelessness. In FY 2016, individuals and families nearly 86% of clients who were permanently housed did not return to the Virginia who use residential or other Beach homeless response system. For the past three years, our success rate has homeless services. averaged 85%. However as a community, we have set the benchmark for our success rate at 90%. We must continue aiming for this goal until all families and individuals are able to leave homelessness behind for good. Success Rate • Source:Hampton Roads HMIS COMMUNITY OF ONE 7 - HOMFI FSSNESS IN VIRGINIA BEACH Understanding the Scope of the Problem People experience housing crises and move in and out of homelessness on an ongoing basis.Those who have sufficient self or family supports are able to solve the problem themselves and do not become homeless. Some may need minimal assistance for a short period of time until they can find a place of their own. And others spend years living on the streets before being connected to the right housing and services that I - meet their needs.Since the number of people experiencing homelessness is constantly changing, we must rely on various sources of data in order to get the best possible : HOMFI ESSNESS IN VIRGINIA BEACH A total of 62 individuals and members of families were considered chronically homeless -- nearly 18 percent of all homeless persons in Virginia Beach. In addition, more than half(35 individuals)were chronically homeless and unsheltered. The PIT Count identified 46 homeless youth.While HUD defines the age for homeless youth as individuals 24 years of age and younger,we have broken this population into two age groups:18-24 and 9-17.Appropriate shelter for youth ages 18-24 is a key gap in our community, a challenge addressed later in this plan. Other Key Subpopulation Groups "> Sheltered - ? (Persons in emergency __ _.._W shelters, Unsheltered Total transitional housing and safe havens) Total Number of Veterans 28 10 38 Chronically Homeless: (including female veterans) Individuals who have been Female Veterans (subset of all continually homeless for a veterans) 5 3 8 year or more;or who have had four or more episodes of homelessness in the past Adults with a Serious Mental Illness 69 16 85 three years. Homeless Youth: Adults with a Substance Use Unaccompanied Disorder 33 9 42 individuals 24 years of age and younger who are disconnected from a parent, Adults with HIV/AIDS 0 0 0 guardian,or spouse. Victims of Domestic Violence 49 11 60 Chronically Homeless Individuals 27 35 62 Chronically Homeless Families (number of families) 0 1 1 Chronically Homeless Families (persons in household) 0 2 2 COMMUNITY OF ONE 9 I HOMFI FSSNESS IN VIRGINIA BEACH It is important to acknowledge that since the PIT Count is conducted once a year during a 24-hour period, it can only offer a snapshot of the homelessness issue.While � • ' our PIT total aligns with the number of people we know who are homeless,other data /A• show that the issue is much greater if we include the at-risk population. ) For example,according to the Virginia Beach City Public Schools(VBCPS) Project Hope program, almost 900 students were identified as living in households considered l; ,yam.: homeless or at risk of becoming homeless during the 2016-17 school year.The federal !, homeless definition for Project Hope is broader and includes all students who did not have a regular, permanent place to stay during the school year. The number of i' _ homeless and at-risk students who were identified and assisted by VBCPS Project - Hope for the past eight school years is shown in the following graph: /� i•- VBCPS Project Hope �`� 1000 886 • y 827 815 ,. N 900 790 740 W-44111111 v..t! 80000 721 647 m 600 540 Homelessness has adverse LL 500 effects on a child's 0400 education.According to cc LL, the National Alliance to300 End Homelessness,children Z 200 experiencing homelessness 100 are more likely to 0 experience more school mobility, repeat a grade, SY SY SY SY SY SY SY SY be expelled or drop out 09/10 10/11 11/12 12/13 13/14 14/15 15/16 16/17 of school,and have lower SCHOOL YEAR academic performance. Source:VBCPS Project Hope To get a more accurate picture of the homelessness issue in Virginia Beach, we can Oalso measure the demand for services by looking at the number of people seeking assistance through our system. Regional Housing Crisis Hotline:(757)227-5932; The majority of people experiencing a housing crisis access our community system by single point of contact to calling the Regional Housing Crisis Hotline. Between July 15, 2016 and June 30, 2017, streamline the homeless there were 3,675 unduplicated Virginia Beach callers to the hotline;the system served referral and assessment 1,219 callers. The remaining 2,456 individuals who called the hotline and were not process for citizens who are served by the system were not literally homeless or did not have an urgent housing homeless or at risk of losing crisis, or the system did not have the capacity to serve them. their home. 10 COMMUNITY OF ONE F-,J,/H ESSN SS \v:GINIA BEAC- How People Were Served July 15,2016-June 30,2017 •Referred to prevention services Total Homeless Based on 2016 PIT Count •Referred to emergency shelterBaltimore City, MD:2,725 ■Placed in transitional housing San Diego:8,669 •Still on waiting/prioritization list Columbus,OH:1,724 •Unable to maintain contact Daytona Beach: 1,005 e Client resolved problem Norfolk,Chesapeake/ themselves Western Tidewater:723 Source:HMIs Newport News/Peninsula: 464 Montgomery City, MD:981 How Virginia Beach Compares to Other Cities Virginia Beach: 389 Virginia Beach has a low rate of homelessness compared to other coastal cities and Orlando:1,670 cities of our size.Our rate of homelessness is 8.63 persons per 10,000,a decrease from 12 persons per 10,000 reported in 2010. Arlington: 174 Number of Homeless per 10,000 Population Richmond:762 Note:Each CoC may be Baltimore City, MD 43.75 comprised of more geographic San Diego 26.56 areas than the city listed. Columbus,OH 20.34 Sources:Total homeless from 2016 PIT Count;population Daytona Beach 16.48 from 2014 city-data.com Norfolk,Chesapeake/Western Tidewater IIII 11.51 Newport News/Peninsula 9.56 Montgomery City, MD 9.52 Virginia Beach 8.63 Orlando 8.33 Arlington 7.67 Richmond 7.25 Source:Based on 2016 PIT data COMMUNITY OF ONE 11 • • .40004„. 1 • OUR COMMUNITY SYSTEM Since 1984, our community has been committed to ending homelessness in Virginia Beach through a tapestry of faith, City, and nonprofit organizations working together. The diverse effort and creativity of each entity has been, and is very much still, a In 1986 several churches strength of our community approach to solve this problem. and a synagogue came together to establish a At the time the 2013 strategic plan was adopted,our system of services had just grown, dinner program at the and we were conceptualizing an even more coordinated and formalized effort toward Oceanfront.The spirit addressing homelessness.In the four short years since,we now have a comprehensive of those faith-based and organized system for delivering homeless services.A unified decision-making and organizations formed the collaborative process is also in place to ensure we are continuously working together Judeo-Christian Outreach Center toward common goals and objectives. than more100).Since then, faith- based organizations and Given that our system will always be composed of independent organizations, it community partners gather will, to a certain extent, continue to depend on the good will of all involved to work to prepare and serve meals cooperatively. As cooperation and coordination are also mandated for those who every day of the year for receive federal funds,we expect to continue making significant progress while striving anyone who is homeless or to maintain the balance between coordination and independence, at-risk. "Non.e o6 coin occur, Role of Faith Organizations wi.LYi.ou.`CyLCuncigw i.n9 Sup oke o6 66.it ,-GSC The faith community has perhaps made the most lasting footprint on the path toward m0)14.6014 h,co, ending homelessness in Virginia Beach. Many of the existing organizations and services in Virginia Beach began as initiatives of the faith community who recognized �� ' that a separate nonprofit was needed to carry out homeless assistance programs and Todd Walker JCOC Executive Director COMMUNITY OF ONE 13 OUR COMMUNITY SYSTEM obtain grants. The faith community continues to be play a significant role as a key service delivery partner and by filling gaps in our community system. - For example, for many years faith organizations have partnered with the City to GOOD SHEprovide overnight shelter for single homeless adults during the winter months. The 111F.R.IN (HEW' I faith community has recently developed a similar model to provide emergency shelter for homeless families in the summer. Other programs and activities include service coordination,furniture ministry, and food programs. Faith organizations have also implemented the Charity Tracker program, which helps churches coordinate and report on the assistance they provide to people in need. Since 2013, more than $3.4 million in assistance has been recorded. Role of City Staff While the City has played various roles in the system, our general approach has been to help lead, plan, and organize the system of services that are primarily delivered by faith and nonprofit organizations. In addition to writing and submitting the federal and state grants the community receives, the City is responsible for monitoring the The Winter Shelter program system to ensure effective operation and continuous improvement. provides homeless individuals with a place As our system grows, we envision the City will continue to fulfill these responsibilities to sleep each night at and take a more active role as a service provider and mobilizer of networks to address various faith organizations key challenges. The Department of Housing and Neighborhood Preservation (DHNP) throughout Virginia coordinates and supports the organization and operation of our community coalition, Beach.From October to known as the BEACH Community Partnership.Other key functions include conducting April, participating faith intake, assessment, and referrals at the Lighthouse Day Support Services Center, and organizations rotate weekly to provide overnight citywide homeless outreach. The City will also manage the housing and services that shelter and meals.Some will be provided at the Housing Resource Center when it opens in the spring of 2018. organizations may also provide additional support and resources, such as Role of Nonprofit Service Providers toiletries,clothing,and medical care. Nonprofit service providers are on the frontlines of preventing and ending homelessness in Virginia Beach. The agencies provide housing and supportive services, and work closely with homeless and at-risk households daily in an effort to stabilize them and ultimately help them become more self-sufficient. Currently there are nearly a dozen organizations who are key partners in establishing policies,procedures,and decision processes for our system.The voluntary cooperation and collaboration of these organizations is critical for the accomplishment of system goals, and allows our community to successfully continue competing for HUD and state funding. 14 COMMUNITY OF ONE OUR COMMUNITY SYSTEM BEACH Community Partnership If the relationship between City, faith, and nonprofit organizations is a tapestry, then the BEACH Community Partnership is the thread that connects these entities together. BEACH, which stands for Bringing an End to All City Homelessness, is a voluntary association of all individuals 6MCI-1 who wantto be a part of the community effort to end homelessness, and is the heart of our unified coalition. Since its creation in 2009, the partnership has grown to include representation from more than 30 Bringing an End to All City Homelessness faith, City,and nonprofit organizations,and various subcommittees that plan and implement projects in key focus areas. BEACH Governing Board . The BEACH Governing Board is a HUD-required entity that makes funding and ranking wb decisions about federal and state funding -- a total of more than $1.5 million. The „ ` im , • - board is endorsed by the City Council and provides recommendations to City staff and . r the Council on homeless policies and plans. Board members are elected by the BEACH Community Partnership, and its membership is comprised of representatives from City,faith,schools, nonprofits, and regional organizations,and the formerly homeless. Performance Monitoring Committee (PMC) The Performance Monitoring Committee(PMC)consists of City agencies and nonprofit 41111141\-- service providers that receive federal funding and provide homeless programs in Virginia Beach. The committee monitors and evaluates the effectiveness of system programs and services, and makes recommendations to the BEACH Governing Board. Role of Federal, State, and City Government On April 29,2009, more than 130 representatives The federal and state government's role is to ensure communities have the right from the faith community, resources to end homelessness among all subpopulations based on each community's City, and nonprofit needs. As recipients of federal and state funding, our community system complies organizations attended with federal and state policies, and receives guidance on strategic planning in order a faith based forum on homelessness.The forum to ensure we are using resources appropriately and effectively to achieve this goal. highlighted the progress The City Council adopts policy and allocates funding for homeless services based on that has been made by recommendations from the community through the BEACH Governing Board. each entity and focused on creating and enhancing partnerships to address key issues.This meeting would lead to the creation of the BEACH Community Partnership. COMMUNITY OF ONE 15 OUR COMMUNITY SYSTEM Community System Organization CITY FEDERAL COUNCIL STATE GOVERNMENT GOVERNMENT • Adopts policy • Policy&planning recommendations • Y&planing • Approves funding • • • • •4 BEACH GOVERNING BOARD • Defines gaps& o priorities • Recommends PERFORMANCE policy&funding MONITORING DEPT.OF decisions COMMITTEE(PMC) BEACH Committees Include: HOUSING& • Monitors& NEIGHBORHOOD \ evaluates program* • Family Homelessness PRESERVATION FEEDBACK& • Youth Homelessness • Coordination COORDINATIO • Grant writing BEACH • Unsheltered • C0C and community • Coordinated resources support COMMUNITY ` •�� PROGRAM • CoordinatedPARTNERSHIP &SERVICE Assessment assessment • HMIS • System monitoring BEACH DELIVERY • Outreach • Community COMMITTEES • Performance and • Housing Resource working to address Monitoring Center homelessness • Service Coordination/ • Members izatiopof 30* organizations Charity Tracker • Discharge Planning • Advocacy CITY NONPROFIT AGENCIES SERVICE FAITH PROVIDERS COMMUNITY 16 COMMUNITY OF ONE OUR COMMUNITY SYSTEM How is Our Community System Funded? t The valuable work of our community system would not be possible without the The Hampton Roads millions in funding we receive from various sources --from HUD to the City to private Community Foundation donations -- that support homeless services and programs. funded the first consultant study of our housing crisis response system in 2013, The Federal Government, through HUD, is the largest source of funding for homeless and supports other city and services in Virginia Beach, most of which are provided through the CoC program.The regional projects. City is the lead agency for the Virginia Beach CoC, helping to obtain and maintain key funding that many of the nonprofit service providers receive directly from HUD. Each year, more than $1.5 million is granted through the CoC to Virginia Beach agencies that provide housing and supportive services to the homeless. Portions of other federal grants the City receives are allocated for homeless programs and services, administered by the Department of Housing and Neighborhood Preservation, and awarded to nonprofit service providers. Service providers also receive funding directly from the state,the United Way of South Hampton Roads, and the Hampton Roads Community Foundation. The City significantly supports the community system by allocating funds for key functions when there is no other provider, such as homeless outreach and services at the Lighthouse Day Support Services Center.As a testament to the City's longstanding commitment to ending homelessness, the City Council unanimously approved $30 million for the construction of the Housing Resource Center, and will fund most of the operating costs of the facility. Because much of the funding the community system receives is federal, regulations Ray Bjorkman, impact how and when these monies can be used. Private donations are critical to Chair of VB helping us overcome these limitations and address gaps in the community, such as Home Now transportation and training for the homeless. VB Home Now is the newest foundation to Vb support and enhance our community system ..„ of services, programs, and facilities to prevent r ' and end homelessness. At the time this plan home was written, the nonprofit had raised more than I IO V V a $300,000 to support activities in the Housing HN Resource Center and the community. i The diagram on the following page shows how funding flows through our system. COMMUNITY OF ONE 17 Flow of Funding HAMPTON CITY HUD UNITED WAY ROADS PRIVATE COUNCIL COMMUNITY DONATIONS 'IllierinumporpniumnimmumenwiNM r FOUNDATION • • o iliv, STAT VB HOME I. FAITH ORGS. NOW DEPARTMENT DEPARTMENT OF HOUSING& OF HUMAN NEIGHBORHOOD i NONPROFITS SERVICES PRESERVATION \ PROGRAM & SERVICE DELIVERY Community System Partners The success of our community system depends on the efforts of the many agencies and organizations who have committed to work together in making homelessness rare, brief, and nonrecurring. While we currently have a robust network of agencies, we recognize the need for more partners to join our system to help us achieve our goals. 18 COMMUNITY OF ONE OUR COMMUNITY SYSTEM Below is a list of our current system partners organized by key function: Function Agencies We need more Intake & • DHNP - Coordinated assessment, outreach organizations to join our Assessment • ForKids - Regional Housing Crisis Hotline system. • DHNP - Housing Resource Center (June 2018) • DHS Projects for Assistance in Transition from Homelessness (PATH) Outreach Prevention • LGBT Life Center • The Planning Council • Virginia Beach Community Development Corporation (VBCDC) - veterans • DHNP - day support, outreach, Housing Resource Center Supportive (2018) Services Only • DHS PATH Outreach • PIN (People in Need) Ministry - recovery group • Faith Organizations • Food Programs PIN Ministry • Judeo-Christian Outreach Center(JCOC) • Potters House Transitional • DHNP - families (Housing Resource Center (2018)) Housing • JCOC - veterans • Samaritan House -families (2018) • LGBT Life Center - singles and families (prioritizes LGBT community) Rapid Re- • JCOC - singles Housing • Samaritan House - singles and families (domestic violence) • VBCDC—veterans DHNP - Project-based vouchers for regional single room Permanent occupancy (SRO) developments: Cloverleaf, Crescent Square, Housing Gosnold, South Bay, Church St. Station (2018); and Cedar Grove (veterans); Housing Resource Center (2018) • Community Alternatives Management Group (CAMG) - Permanent singles and families Supportive • JCOC - singles Housing • LGBT Life Center - singles • VBCDC- veterans and singles • DHNP - singles (Housing Resource Center (2018)) • JCOC - singles • Samaritan House - families (domestic violence) Shelter • Seton Youth - youth (9-17 years old) • JCOC and faith organizations/Winter Shelter - singles (October - April) • Faith organizations/Virginia Beach Family Emergency Shelter Team (VBFEST) - families (July - August) COMMUNITY OF ONE 19 OUR COMMUNITY SYSTEM How Do People Access Services through Our Community System? Our community system is designed to help the most vulnerable families and individuals. It is important to keep this context in mind in order to fully understand how people flow through our community system. Most people who are experiencing a housing crisis access our community system by calling the Regional Housing Crisis Hotline. A smaller number of people, primarily those who are homeless, are connected by our Homeless Outreach Team (more commonly known as the Pinkies) or by accessing the services at the Lighthouse Day Support Services Center, and eventually at the Housing Resource Center. �I - . The first step in our community system is identifying whether the client is literally homeless (e.g. on the street or living in their car), or at-risk (in imminent danger of losing their housing). The primary goal for at-risk households is to prevent them from becoming homeless. People who are eligible for prevention services are referred to the appropriate Homeless Outreach resources for assistance. For example,this may include minimal financial assistance to Team (also known as the Pinkies) pay a rental security deposit or rent arrears.Those who are not eligible are referred to other resources within the community. For families and individuals who are literally homeless, the goal is to permanently house them while making their homelessness as brief as possible. Housing specialists with the City will first attempt to help people seeking shelter find alternative housing options, such as staying with friends or family members. By diverting households away from the system, shelter beds and housing units can remain available for those who need them more. If diversion is unsuccessful, the client is referred to coordinated assessment. This process involves asking the client a set of questions to determine which programs or services are most appropriate to meet their needs, and prioritizing them for those services.Staff is trained on administering and scoring a standardized set of assessment tools to make these determinations. Based on assessment, vulnerabilities, priority placement, and availability, clients are referred to either housing or shelter. If housing is unavailable, the client is placed on the prioritization/waiting list for housing and resources. Case managers and service providers will coordinate and communicate regularly regarding each client on the waiting list. As permanent housing units become available, clients are removed from the waiting list in the order of their prioritization ranking. 20 COMMUNITY OF ONE E OUR COMMUNITY SYSTEM Service Flow O PEOPLE EXPERIENCING Acuity:the severity of REGIONAL HOUSING theissuesexperienced CRISIS HOTLINE • A HOUSING CRISISby Primary Access Point Domestic violence,disability,mental clients who are homeless. illness,family breakup,financial hardship,substance abuse, eviction,etc. III Client identified as: At-risk OUTREACH, Imminently losing ♦ DAY SUPPORT,OR * Housing Placement housing WALK-INS Literally homeless based on Acuity Moderate Acuity AT-RISK OR LITERALLY Type of Housing: IMMINENTLY LOSING HOMELESS Rapid Re-housing HOUSING Programs: W. j V • JCOC Referred to The Planning Client referred Diversion is ' DIVERSION • LGBT Life Center Council or LGBT Life to community attempted SUCCESSFUL • Samaritan House Center for preventing resources • VBCDC homelessness(if eligible); • V oimi DIVERSION Case manager UNSUCCESSFUL follow-up after High Acuity/Chronic 2 weeks • Type of Housing: Permanent Supportive Referrals to Housing: Client is referred to DaytReferrals to Shelter: Housing Support Coordinaed Based on assessment,availability / Assessment: ••••4 Based on availability Programs: and priority placement Assessment conducted; and vulnerabilities • CAMG client is referred to • JCOC housing or shelter • LGBT Life Center • VBCDC • Virginia Supportive Housing (VSH)-SROs NO HOUSING AVAILABLE IMO High Acuity Client is placed on prioritization list for housing Type of Housing: placement*and resources Permanent Housing Programs: By-Name List Case Conferencing • DHNP-Tenant-based Conduct case conferencing biweekly Rental Assistance on clients not placed in housing until (TBRA) client is connected to permanent • VBCDC -SRO housing • VSH - SROs COMMUNITY OF ONE 21 OUR COMMUNITY SYSTEM 0 Making Progress & Achieving Success For more achievements, see The goals of the 2013 Strategic Plan to End Homelessness is a reflection of the Appendix 1:2013 Virginia challenges our community faced at the time.Virginia Beach had yet to fully comply with Beach Strategic Plan to End the new regulations under the federal HEARTH Act,which changed how communities Homelessness Action Plan across the U.S. would operate and deliver homeless services. Specific requirements (updated with statuses) included a coordinated assessment process, performance-based funding, a focus on homeless prevention and permanent housing, and an inclusive governance structure with representation from all service providers, not just those receiving federal funding. The City Council's support to fund the design of the Housing Resource Center revealed fresh opportunities for how, and which, services could be consolidated and delivered at a facility of its kind. The first study of the City's housing crisis response system, which had just been completed,exposed our community's strengths,weaknesses,and opportunities to enhance our system. These challenges influenced the four broad goals of the 2013 strategic plan. In the four years since it was adopted,we have made significant progress in achieving these goals. Our achievements, as they relate to each of the goals from the 2013 plan, are highlighted below: Goal 1: Increase leadership, collaboration, innovation and civic engagement in our community efforts • In our pursuit to end homelessness,we no longer operate as individual programs. Through established strategic partnerships and collaboration among community stakeholders, we have designed and implemented an integrated service system approach to ending homelessness. • The BEACH Governing Board was established in 2014 to meet HUD requirements, and has continued to function as the leadership body for our community effort.It has diverse representation from all community sectors. • The BEACH Community Partnership continues to have high community interest, with representatives from more than 30 active organizations. • The Performance Monitoring Committee and its members have enhanced their policies and procedures, increased the level of HUD funding available, and obtained new state funding to support new programs. • We collaborated with multiple federal, state, and regional organizations to functionally end veteran homelessness in 2015, and have continued these partnerships. • Virginia Beach joined a regional HMIS and now participates in a single point of entry call system for the entire region. 22 COMMUNITY OF ONE OUR COMMUNITY SYSTEM • We have increased our capacity and utilization of HMIS to provide more accurate data and reports to help identify gaps in our system,and evaluate the performance of not only individual homeless assistance programs, but the overall homeless system as well. Goal 2:Create a collaborative system of service delivery and access that connects people to services that meet their basic needs and support housing stability • We have adopted an evidence-based common assessment tool to determine the needs of households experiencing homelessness, developed a data-driven triage and referral process based on the severity of their needs, and created a by-name prioritization list. As a result, homeless households are referred and placed into appropriate housing intervention programs that best match their level of need. • We have enhanced the capacity of outreach through the creation of the Homeless Outreach Team. This team is dedicated to outreaching and engaging those who are street homeless throughout Virginia Beach, not just at the Oceanfront. • Through the Regional Housing Crisis Hotline,we have established a primary access point for obtaining homeless assistance,and developed well-defined pathways to assist households in ending their episode of homelessness. • We have developed an external and objective process of system and program monitoring. Goal 3:Increase and maintain the supply of and access to permanent,accessible and affordable housing • Five new affordable housing developments opened: Summer Haven 1. Heron's Landing (opened in 2013): 60 units of subsidized housing in Apartments Chesapeake, including 8 units for previously homeless Virginia Beach residents 2. Crescent Square Apartments (opened in 2016): 80 units of affordable housing, including 42 subsidized units for the previously homeless, and 38 affordable units 3. Baker Woods (opened in 2016): 96 units of affordable family housing, T including 8 subsidized units for disabled families 4. Tranquility at the Lakes (opened in 2017): 40 units of affordable housing for seniors, including 20 subsidized units 5. Summer Haven (opened in 2017): 57 units of affordable family housing, z_. including 6 subsidized units for disabled families J ;r• r • Through the acquisition of grant funding and the reallocation of existing funding, we have significantly increased our capacity to provide rapid rehousing to serve individuals and families. COMMUNITY OF ONE 23 OUR COMMUNITY SYSTEM Goal 4:Develop sustainable resources to support our ongoing community effort • Through major structural changes in our system we have adopted and incorporated all of the federal HEARTH Act requirements, and are therefore positioned to continue receiving federal funding. • We have increased state funding by 150% (from $100,000 in 2014 to $250,000 in 2015) and maintained this level to date. • We have increased federal funding by 13% (from more than $1.4 million in 2014 to more than $1.6 million in 2015), and maintained this level to date. • VB Home Now is a new nonprofit that was established to support and enhance our community system of services,programs,and facilities in order to prevent and end homelessness. The foundation raises funds, accepts gifts and provides other resources in order to fill gaps in our community. Lower PIT Count Numbers r . In 2017, we recorded the lowest number of homeless persons (349) since the PIT Count was first required by HUD in 2007.This reflects a 32%decrease from our highest total of 517 in 2010. In the past five years, we have seen a steady decline in the total number of homeless persons identified during the PIT Count. Virginia Beach Point-in-Time Count 10760\;;_. 600 /� ��`.�``. 51/ (� 476 484 500 433 I 427 440 456 440 419 389 400cc In coordination with the a Point-in-Time Count, Project 11 300 Homeless Connect is held to provide individuals °0 200 with a variety of services 2 and resources to assist z z them in moving closer to 100 ending their homelessness. These include referrals 0 to housing resources, veterans'services and Social 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Security. Participants also receive donated services from local businesses and organizations such as medical screenings, hearing and vision tests, haircuts, and hygiene kits. 24 COMMUNITY OF ONE • OUR COMMUNITY SYSTEM Ending Veteran Homelessness In 2014, Mayor William D. Sessoms Jr. signed the Mayor's Challenge committing the City of Virginia Beach to the National Initiative to End Veteran Homelessness by the Virginia was the first state end of 2015. Through a coordinated city and regional effort, we achieved this goal in the nation to functionally by functionally ending veteran homelessness. This means that all of the homeless end veteran homelessness. veterans we are aware of,and who want assistance, are either housed or in a program Nearly 300 homeless veterans in South Hampton that will lead to housing. Through the initiative, we have made improvements to our Roads were housed thanks system of services so that homeless veterans are not only prioritized for housing to the regional effort. programs, but we can also expect to house them within 90 days or less. By the end of 2015, 157 homeless veterans in Virginia Beach were housed or on their way to being housed. We are continuing these efforts to ensure that every homeless veteran in the city has the opportunity to have a home. :**It • The Challenges that Remain I y Although our community has achieved many successes, we recognize that we must continue moving forward and build on the momentum of the progress we have ' ti made. Until all families and individuals in Virginia Beach have the opportunity to live • in safe, decent, and affordable housing, there is still work to be done and challenges wr. to overcome. NEI _ ` I ' Among those challenges,as identified by comprehensive performance system reports using HMIS data, are the following: • We do not have a comprehensive diversion intervention strategy that prevents homelessness for households seeking shelter. A successful strategy should connect at-risk households to alternative housing arrangements, and provide Mayor William D. Sessoms services and financial assistance to help them regain housing. Jr.announces that Virginia Beach and South Hampton • While data shows an increase in youth homelessness, we have not made Roads functionally ended investments in creating permanent housing programs for youth who are 18-24 veteran homelessness during the Tidewater years old. Veterans Day parade and ceremony in Virginia Beach • To increase the capacity of the system, we need additional providers to join our on Nov. 11, 2015. community efforts. We need to develop recruiting strategies to encourage more nonprofits to aggressively apply for federal and state funding to support the efforts of making homelessness rare, brief, and nonrecurring. • We do not have an adequate amount of affordable housing for homeless families with minor children who have high barriers to housing and extensive service needs. COMMUNITY OF ONE 25 • OUR COMMUNITY SYSTEM ' • We do not have an adequate amount of unshared permanent housing for single 0 adult households with the longest histories of homelessness and the most severe service needs. Currently 85% of all permanent housing beds in Virginia Beach Housing First:An involve shared housing; however, 58%of households in need of those beds have approach to homeless reported they are not interested in shared housing arrangements. assistance that provides immediate access to • We need to adopt Housing First as a best practice in addressing homelessness and housing without any ensure programs are implementing this philosophy in order to reduce barriers to prerequisites to services program entry and increase housing sustainability. and income,followed by the supportive services • There have been significant reductions in funding of federal housing and homeless that may be needed to programs that reduce the resources available to achieve our goals. foster long-term stability and prevent a return to homelessness. 26 COMMUNITY OF ONE 4 — • VISION & PROCESS FOR DEVELOPING THE PLAN When the previous strategic plan was adopted in 2013, our partnership of City agencies, faith organizations, and nonprofits rallied behind one vision and nine guiding principles to move our community forward to prevent and end homelessness in Virginia Beach. Four years later,we continue to embrace these shared ideals. While the essence of our vision remains intact, we have refocused our definition of ending homelessness to mean rare, brief, and nonrecurring. One Vision Realizing our personal and collective responsibility to our fellow man, we mobilize our community to make homelessness rare, brief, and nonrecurring.We envision a future where everyone in Virginia Beach will be able to live in safe, decent, and affordable housing. Guiding Principles • We believe that we can end homelessness in Virginia Beach for individuals and families. This means that we can drastically prevent as many people as possible from becoming homeless, shorten the length of time people experience homelessness,and help people leave homelessness behind for good. • Homelessness creates both direct and indirect costs to our community. Ending homelessness will both reduce those costs and create other benefits for the entire community. COMMUNITY OF ONE 27 VISION&PROCESS FOR DEVELOPING THE PLAN • We will make homelessness rare, brief, and nonrecurring through the active collaboration of all sectors of our community.The BEACH Community Partnership + represents our community's coordinated effort to achieve this. • We must invest our resources in solutions that are shown to be effective and sustainable. • We will cooperate with our local and regional partners to ensure that we are working effectively and with the lowest possible cost to taxpayers and other funders. Our regional work will focus on what can best be achieved together, Ullll) f while recognizing that some efforts require a local approach. • We will focus our efforts on prevention of homelessness, diversion to other community and family supports, and rapid rehousing. Our programs will provide the least amount of assistance necessary to ensure housing stability. • Our community will provide opportunities to help people avoid and end homelessness,and we rely on those who experience it to take maximum advantage of those opportunities. Session on decriminalizing • Our service system will be person-centered, ensuring that homeless families homelessness at the 2016 and individuals play an active role in defining their needs and wants, and are Regional Conference on supported to obtain services that best achieve those goals. The person, not the Ending Homelessness.The system, is in charge of defining the direction for their lives.This includes ensuring South Hampton Roads that the needs of special populations are met and that all who need opportunities Regional Task Force to End to avoid or end homelessness are served appropriately. Homelessness has hosted six conferences to share • We will use defined and measurable outcomes to determine the results of our national best practices and promote strategic planning. work and how it can be improved. Context for the Community of One Plan The Community of One plan builds upon and expands the previous Strategic Plan to End Homelessness adopted by the City Council in 2013.This updated plan incorporates progress to date, new research, and addresses the following key items: • The opening of the Housing Resource Center, a one-stop-shop of essential services, shelter, and housing, that is scheduled to open at 104 N. Witchduck Road in the spring of 2018 • Enhancements to the service system that have been implemented to unite the faith community, City agencies, and nonprofit service providers as one coalition for ending homelessness • Integrating best practices and input from our community partners for our service system 28 COMMUNITY OF ONE arliiiiMMEMM VISION&PROCESS FOR DEVELOPING THE PLAN Other Plans In addition to the items listed above, this plan has been developed and will be executed in the context of overall City goals and housing-related plans. This is a major consideration in order to support the overall success of multiple city goals. These relevant City plans and guidance documents include the annually-developed City Council Priorities and the Comprehensive Plan, especially Section 2.3: Housing and Neighborhood Plan. These documents define key City goals, including housing options that serve people at all income levels and life stages. Additional plans and programs that provide context for Community of One include: • HUD Consolidated Plan: Identifies priorities, funding and programs to meet the housing needs of low- and moderate-income persons. Workforce Housing Development • Housing Crisis Response Strategy: Defines our current system of services for the Riverlake homeless and provides significant funding for them. • Regional Housing Opportunities for People with AIDS (HOPWA) Plan: Guides the use of federal HOPWA funds. • Workforce Housing Program: Program designed to enhance affordable housing 1 opportunities so that vital members of the workforce can afford to live and work ��, in Virginia Beach. • As previously mentioned, since most of the funding for homeless services and „ 1 • ll • affordable housing is federal, federal regulations will influence what activities can Imo. ` be carried out and how. Regional Relationships Regional cooperation is an essential element in addressing homelessness for the following reasons: • We have a regional housing market • We have organizations that work throughout the region • People seeking housing are impartial to city boundaries • Through regional cooperation, we can solve problems by sharing resources and costs, thereby reducing the costs to individual localities and taxpayers Virginia Beach has been an active participant in the South Hampton Roads Regional Task Force to End Homelessness since it was created in 2005. The task force is a collaboration between the Cities of Chesapeake,Franklin,Norfolk,Portsmouth,Suffolk, and Virginia Beach;Isle of Wight County;The Planning Council;and the United Way of South Hampton Roads. Its mission is to provide a forum for communicating, sharing ideas, and developing and implementing regional strategies to address homelessness COMMUNITY OF ONE 29 VISION&PROCESS FOR DEVELOPING THE PLAN in South Hampton Roads. The South Hampton Roads Regional Task Force to End Homelessness has been nationally recognized as a successful model for local governments working together to solve problems. As a result of regional cooperation, the task force has achieved major successes in raising awareness, expanding access to existing housing, and Crescent Square leveraging funding to develop new affordable housing. Apartments Through regional cooperation, five efficiency apartment developments have been created in South Hampton Roads since 2006: Gosnold Apartments in Norfolk, Cloverleaf Apartments and Crescent Square Apartments in Virginia Beach, South Bay Apartments in Portsmouth,and Heron's Landing in Chesapeake. These developments 171 provide a total of 282 permanent supportive housing units for homeless single adults, L ilIj and an additional 38 units of affordable housing for low-income households. Virginia r.l jMr' Supportive Housing, a statewide nonprofit, developed all five facilities and received Jfinancial support from multiple cities. Ir.! OnaI IIi1 175. By supporting these projects jointly, the cities have created far more housing than Luilaimmo - they could have individually. The regional nature of the projects has also attracted additional federal, state, and private funding, so that millions of dollars of non-city funding has been leveraged to help build and operate these developments. The HEARTH Act In 2009, Congress enacted the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH)Act,which requires significant changes in the way communities plan and deliver services.Communities must operate as a coordinated service delivery system rather than as a collection of individually-funded projects.Specific requirements include a coordinated assessment process, performance-based funding, a focus on homeless prevention and permanent housing, and an inclusive governance structure with representation from all service providers,not just those receiving federal funding. Implementation of HEARTH Act requirements is critical to ensuring the continuation of annual federal funding of more than $1.5 million. The Housing Resource Center The Housing Resource Center will be the centerpiece of our community system and will enhance how we make homelessness rare, brief, and nonrecurring. It will be a one-stop-shop of essential services,shelter,and housing where homeless families and individuals can leave homelessness behind. On day one, when the Housing Resource Center opens, 119 people will be off the street. 30 COMMUNIZY OF ONE VISION&PROCESS FOR DEVELOPING THE PLAN ) What will be in the Housing Resource Center? Family Interim 10 motel-style rooms (40 beds)with connections that Services at the Housing will accommodate small or larger families (operated by Housing Resource Center will nonprofits) include: Singles Shelter 49 beds = 42 dormitory-style beds + 7 ADA accessible beds • Coordinated (operated by nonprofits) assessment • 30 one-bedroom apartments (10 allocated for youth) that Housing crisis case Efficiency provide longer term or permanent living arrangements for management Apartments • Short-term,overnight single adults (operated by nonprofits) shelter for families and Laundry, showers, and related services (operated by singles Day Services nonprofits) • Life-skills coaching • Education programs • Job-skills training Comprehensive primary care health services available for both • Charitable medical Health Clinic participants at the center and the community. Accessible by services separate outside entrance. • Social Services City Offices Human Services Other Learning facility and commercial kitchen With the opening of the Housing Resource Center,Virginia Beach is poised to become Rendering of the a national leader in the effort to prevent and end homelessness. It will combine Housing Resource efficiency apartments,shelter,and housing for families and singles;supportive services; Center and community resources in one facility, making it the first of its kind in the region. The City committed $30 million for the construction of the Housing Resource Center and will fund most of the facility's operating costs. The Housing Resource Center is currently under construction at 104 N. Witchduck Road, and is scheduled to open in the spring of 2018. fl R. Process for Developing the Community of One Plan Community of One was developed after a yearlong process that began in the summer -_) ''" of 2016 and included multiple opportunities for public and stakeholder input. The plan is the collective work of many faith, City, and nonprofit organizations, and For more information about represents the vision of the entire community to make homelessness rare, brief, and the Housing Resource nonrecurring. Center, see Appendix 2 or visit www.vbgov.com/ On Sept. 26, 2016, the BEACH Governing Board voted to accept and recommend to housing-resource-center. the City Council the goals, objectives, and action steps outlined in the action plan. COMMUNITY OF ONE 31 11111 ,. • COMMUNITY OF ONE ACTION PLAN The backbone of the Community of One plan are the following seven goals that will guide our objectives and action steps for the next three years: • Goal 1: Transform Our Service System to Make Homelessness Rare, Brief, and Nonrecurring • Goal 2: Make Family Homelessness Rare, Brief, and Nonrecurring • Goal 3: Make Chronic Homelessness Rare, Brief, and Nonrecurring • Goal 4: Make Youth Homelessness Rare, Brief, and Nonrecurring • Goal 5:Maintain and Increase the Supply of Permanent,Accessible and Affordable Housing • Goal 6: Increase Leadership, Collaboration, and Civic Engagement in Our Community Efforts • Goal 7: Develop and Maintain Sustainable Resources to Support Our Ongoing Community Effort This strategic plan will enhance our system and continue our progress toward making homelessness, rare, brief, and nonrecurring in Virginia Beach. However,generally not listed,but forming the basis of continued success,is the need to ensure that we maintain our current funding, organizational structures, relationships, COMMUNITY OF ONE 33 COMMUNITY OF ONE ACTION PLAN partnerships, and available facilities. This does not mean that we will not enhance or change how we use those resources, but we cannot neglect the current bases of our success in order to move forward. 11110. i► Goal 1: Transform Our Service System to Make Homelessness Rare, _ • — Brief, and Nonrecurring Overview .16 For this plan to be successful it is necessary that services for persons who experience homelessness operate as a cohesive, comprehensive system. The system must incorporate all services in the community, whether they are part of the nonprofit, government, or non-governmental sector. The assistance provided must also ensure that the basic needs for shelter and food are met, as well as access to stable housing. The federal HEARTH Act,which requires significant changes to the way localities deliver homeless services, creates some of the rationale for this goal. Communities must now Tracy Flaherty Willmott. operate as a service delivery system rather than as a collection of individually funded associate director of projects. Funding will be predicated on meeting specific performance measures. OrgCode Consulting,Inc., leads a training for housing Our current system has made significant strides in creating a streamlined process of agencies,service providers, accessing services that incorporates prevention and diversion, utilizing an evidence- and the faith community on based assessment tool to determine the service needs of literally homeless households, creating a system of care and providing referrals for housing placements for those assessed to be the most that aligns with Housing vulnerable. These accomplishments were achieved through service providers and First. stakeholders coming together and operating as a coordinated system, as opposed to individual projects functioning as silos.While this has been a significant step forward, additional improvements can be made. To be a truly successful model for coordinated service delivery, our network of agencies and community volunteers will collaborate to provide wraparound services to address specific homeless issues, such as family, chronic, and youth homelessness. Our goal is to integrate ancillary services, such as employment and behavioral and mental health,to facilitate our efforts to end homelessness and help to build resiliency around the sustainment of housing.Our plans for the next three years call for working with providers to create or enhance these networks, and expand or enhance these services. 34 COMMUNITY OF ONE COMMUNITY OF ONE ACTION PLAN Objective 1.1: Adapt our current system to ensure that it incorporates all necessary components to prevent and end homelessness and required by the HEARTH Act. Action Steps Date a. Diversion and prevention i. Improve and enhance efforts for diversion, prevention, and access to mainstream resources and housing-focused case management March 2018 ii. Collaborate with The Planning Council's diversion and prevention system to ensure effective utilization of available resources b. Continue to support and invest in "Housing First" and Rapid Re-Housing models for homeless families and individuals that 2018 provide housing-focused case management and resources necessary for community-based housing placement c. Support and enhance the Regional Housing Crisis Hotline Ongoing through a shared governance system d. Create and adopt standards of care for delivery of housing services, and provide community training opportunities to 2018 enhance the provision of Housing First, trauma-informed care e. Reduce shelter stays by repositioning shelters to provide short-term stays with reduced barriers to access, unified 2019 and standards and procedures, and a focus on accessing ongoing permanent housing Objective 1.2: Continually enhance the professionalism, effectiveness and accountability of the services system. Action Steps Date a. In partnership with regional educational institutions and the Regional Task Force to End Homelessness, create a regional professional development curriculum that addresses 2019 key knowledge gaps, including housing-focused case management, outreach for special needs populations, and person-centered planning and support b. Develop a partnership or contract for an external monitoring/ evaluation process that provides regular, objective, and data- 2018 based analysis and evaluation of individual programs and overall system performance COMMUNITY OF ONE 35 COMMUNITY OF ONE ACTION PLAN Objective 1.3: Ensure that housing and supportive services projects will receive appropriate and eligible referrals for housing placement. Action Steps Date a. The coordinated assessment process will be redesigned to incorporate priority grouping to ensure that those with the 2018 greatest service needs are placed in permanent supportive housing beds with intensive services b. Increase access to homeless services through enhancements 2017 and to our communitywide system of coordinated assessment and Ongoing prioritization and ongoing feedback from providers c. Households experiencing a housing crisis who cannot be diverted will access emergency beds with as few barriers 2019 as possible, and independent of the operating hours of coordinated entry and assessment d. Ensure coordinated entry and assessment are well-advertised throughout the entire geography of Virginia Beach (print 2018 media and signage in public places, e.g. bus stations, food pantries, soup kitchens, etc.) e. Continue to use evidence-based assessment tools to 2017 and determine service needs and appropriate connections to Ongoing permanent solutions Objective 1.4: Provide effective case management and aftercare services. Action Steps Date a. Build strong relationships with community and faith-based organization to provide aftercare services to newly-housed 2019 households in project-based housing b. Ensure permanent supportive housing providers are employing evidence-based models of case management that 2019 matches the service needs of the clients c. Prioritize professional development training of case management skills to ensure the implementation of 2018 appropriate and effective supportive services 36 COMMUNITY OF ONE COMMUNITY OF ONE ACTION PLAN Objective 1.5 Assist homeless persons accessing housing services in obtaining mainstream income and/or employment opportunities in an effort to increase housing stability Action Steps Date a. Develop an income assessment and incorporate at the initial stage of accessing homeless assistance to appropriately duly 201.8 connect households to income opportunities, such as employment, training and job readiness, or disability income Objective 1.6: Enhance our system of capturing and reporting data. Action Steps Date a. Explore options to expand the effective use of Charity Tracker, increase users and link Charity Tracker data to the Homeless 2019 Management Information System (HMIS), or transition over to the HMIS b. Provide monthly reports of critical data to the BEACH Governing Board and staff in order to monitor system 2017 and performance and support key decision-making, and make ongoing available to the public c. Enhance and expand the regional HMIS to improve client data and support service delivery, evaluation, and communication Ongoing between providers Objective 1.7: Complete and open the Housing Resource Center to expand and enhance our existing system, and replace the services provided by the Housing Resource Lighthouse Center. Center under construction at 104 Action Steps Date N.Witchduck Road a. Develop, construct, and operate center Summer 2018 • b. Develop a plan for the relocation of appropriate current October services and the creation of new services for the Housing 2017 Resource Center, to include physical and virtual access c. Solicit for and obtain appropriately skilled and qualified January • contractors to provide all appropriate services at the Housing 2018 _ • Resource Center ft d. Seek to establish social enterprises as part of, or in conjunction August 2018 with, the Housing Resource Center COMMUNITY OF ONE 37 COMMUNITY OF ONE ACTION PLAN Objective 1.7: Complete and open the Housing Resource Center to expand and enhance our existing system, and replace the services provided by the Lighthouse Center. Action Steps Date e. Develop and implement an access and security plan that Summer provides a welcoming and safe environment for all at the 2018 and building ongoing f. Develop and implement a transportation plan to ensure Summer appropriate access opportunities are provided 2018 and ongoing g. Develop and implement a health services plan that helps Summer address critical health needs of the participants and enhances 2018 and services to the community outside the Housing Resource Center ongoing h. Reduce impact of homelessness at the Oceanfront by: i. Working with churches and providers to modify the system of assistance in the Oceanfront area in order to reduce the impact on area neighborhoods, and increase coordination and effectiveness of services October ii. Closing the Lighthouse Center upon opening the Housing 2017 - June Resource Center 2018 and iii. Working with Judeo-Christian Outreach Center on ongoing potential changes in services and location iv. Focusing outreach and service coordination efforts at the Oceanfront during the spring, summer, and fall of 2018, potentially including a by-name list and schedule i. Engage community partners at the Housing Resource Center in volunteer opportunities that enhance the homeless services 2018 system j. Provide Housing First and cultural competency training to all 2017 and staff and volunteers ongoing 38 COMMUNITY OF ONE I COMMUNITY OF ONE ACTION PLAN Goal 2: Make Family Homelessness Rare, Brief, and Nonrecurring Q Overview "Anna"a 24-year-old mother of three became According to our annual PIT 1 homeless after losing Counts, family homelessness 1 _ her job.With financial has been steadily declining 1 assistance from relatives, in Virginia Beach for the past her family was able to five years. In 2017, family E 3 s6 stay in hotels while she homelessness decreased by searched for employment 44% since 2013. The 2017 PIT , opportunities. Count found 111 persons in 013 2014 2015 2016 2017 After five months, "Anna's" families experiencing literal relatives were unable homelessness, compared to ■Total#of Households •■Total#of Persons to sustain her living 200 persons in families in 2013. arrangement.With no place While these numbers are Source:Homeless Data Exchange,VA-503 Point-in-Time to stay,her family ended up promising, there are still many living in their car for a week. families in Virginia Beach who are living below the federal poverty line and at risk of -Anna"called the Regional homelessness. Unemployment, lack of affordable housing, domestic violence, family Housing Crisis Hotline breakups,and a decrease in government supports are some factors that contribute to and was connected to family homelessness. the Virginia Beach Family Emergency Shelter Team In 2016, the Virginia Beach City Public School system reported that 886 school-age program.Soon after,she children lacked a fixed, regular, and adequate nighttime residence. This means these was able to find a job,and children and their families were living in inadequate and unstable housing situations, her family was housed such as doubled-up or hotel/motel living arrangements. through a rental subsidy and case management The data indicates our system is effectively addressing family homelessness. However, program. to be truly successful,we will enhance our system with better prevention and diversion strategies that are targeted to at-risk families. Families who are unable to avoid homelessness and have less severe barriers to housing will be connected to Rapid Re- Housing assistance or a rental subsidy in order to help them become stably housed. Objective 2.1: Reduce the number of families experiencing homelessness for the first time. Action Steps Date a. Create a diversion program that will incorporate short-term case management, conflict mediation, financial assistance, and 2018 connections to mainstream services to prevent families from entering into shelter c O',A' UN l Y Of ONE 39 COMMUNITY OF ONE ACTION PLAN Objective 2.2: Provide appropriate shelter and survival assistance to ensure 0/ that homeless families are safe and protected as they transition from homelessness to stable housing. ' �'. Action Steps Date a. Ensure through the coordinated assessment policy and ,i' practice that the most vulnerable families who cannot avoid 't shelters are able to quickly access shelter and obtain needed 2019 supports that will decrease the negative outcomes associated 7 with experiencing homelessness b. Sustain our existing stock of family shelter beds to meet the 2017 and 4 'i ' scale of need of families experiencing street homelessness ongoing lc Objective 2.3: Create affordable housing for families who have iki@4i s demonstrated a need for permanent rental housing subsidies. Action Steps Date a. Provide a percentage of Housing Choice Vouchers (Section 8) to be targeted to formerly homeless families in need of a long- 2019 term subsidy b. Reallocate 10 Project-Based Voucher units to families in shelter 2018 and/or interim housing Objective 2.4:Target appropriate homeless assistance resources for families that are categorized as McKinney-Vento families. Action Steps Date a. Target prevention and diversion strategies to families with children under 18 years old who are doubled-up, self-payers in 2018 a hotel, or not yet in a place meant for human habitation b. Closely coordinate housing assistance and related services 2017 and with Virginia Beach City Public Schools Project Hope Ongoing 40 COMMUNITY OF ONE COMMUNITY OF ONE ACTION PLAN Goal 3: Make Chronic Homelessness Rare, Brief, and Nonrecurring . Overview 362 Historical data has consistently 308 287 shown that the largest homeless i subpopulation in Virginia Beach a o i is single adult men and women. Of the 349 people who were 108 I o il 62 identified as homeless during z 27 �-----1 the 2017 PIT Count, there were . 226 single adults, of which nearly 2015 2016 2017 1f' 18% (62 persons) were defined f t j as chronically homeless. Families ■Chronic Homeless P Episodic Homeless or individuals who have been continually homeless for a year Source:Homeless Data Exchange,VA-503 Point-in-Time 1 or more;or who have had four or more episodes of homelessness in the past three years are considered chronically homeless, as opposed to those who go in and out of homelessness (episodically homeless). Lela experienced four Since 2013, the city's chronic homeless population has fluctuated between 7% and episodes of homelessness 26% of the overall homeless population. for over 10 years. During this time her husband passed away, she struggled Persons experiencing chronic homelessness typically struggle with medical conditions, with multiple jobs and physical disabilities, mental illness, or substance abuse. Not only is it difficult for these living situations,and was individuals to get back into housing,their conditions are compounded by long periods diagnosed with breast of homelessness, putting them at risk of premature death. cancer.Lela underwent chemotherapy while living It is estimated that the cost to the community for police and court intervention,jail in a tent,and won her bout stays, and emergency medical services and hospital visits can be more than $20,000 with cancer. per person per year. Ending chronic homelessness can drastically reduce public costs and help free up resources that can be used toward preventing and ending episodic `Qom' homelessness. `.iwtim -p'..- "a°"VA e t Coin diA11.ye ih.a Objective 3.1: Ensure those experiencing street homelessness are provided txew@." opportunities to connect to the housing crisis response system Lela connected with our community system through Action Steps Date the Lighthouse Center and Winter Shelter program. a. Increase outreach staff to ensure outreach efforts cover the November With the help of DHNP entire geography of Virginia Beach, and coordinate across all 2017 case managers,she was providers able to move into her own apartment at Tranquility at b. Create an outreach plan that includes opportunities for the Lakes in June 2017.Lela communication and collaboration among a broad range of November is already giving back to the community service providers, business owners, and neighbors 2018 and community by teaching arts helping to identify the location of encampments ongoing and crafts to the residents there. COMMUNITY OF ONE 41 • COMMUNITY OF ONE ACTION PLAN • Objective 3.1: Ensure those experiencing street homelessness are provided opportunities to connect to the housing crisis response system • =� °gra Action Steps Date /27, • , • F... c. Develop a multi-system approach of sharing information November T across outreach teams to include PATH Outreach, and 2018 and f - coordinate with other systems (e.g. hospitals,jails, other ongoing " A,,, emergency systems) g g } - o Objective 3.2: Provide appropriate shelter and survival assistance to ensure ' that the chronically homeless are safe and protected as they transition from homelessness to stable housing. Action Steps Date • a. Continue to operate the Winter Shelter program in winter '4"i._ 2017-18, and evaluate the need for it during spring and early Fall 2018 summer 2018 b. Ensure emergency shelters are incorporating trauma- The Homeless Persons' informed, harm reduction strategies and housing-focused case 2018 Memorial Day Vigil is held management in order to rapidly connect chronic households on the longest night of each to appropriate permanent housing solutions year to commemorate the lives of the men and women who have died homeless. Objective 3.3: Increase the number of permanent housing beds and target Each rock bears the name them for persons experiencing chronic homelessness. of a homeless or formerly homeless individual who has passed away. Action Steps Date a. Establish policies and provider agreements so that 20% of turnover of non-chronic permanent supportive housing beds 2020 will be allocated to chronic households b. Through the Continuum of Care (CoC) application process, 2017 and compete for bonus funding in order to create more permanent Ongoing supportive housing beds for chronic households c. Continue to prioritize documented chronic households for 2017 and housing placement and wraparound services to increase the Ongoing rate of housing and foster stability 42 COMMUNITY OF ONE COMMUNITY OF ONE ACTION PLAN Objective 3.4: Prioritize the improvement of health and well-being of 0 those with the longest history of homelessness by addressing physical and behavioral health issues to increase their quality/quantity of life. In 2015, "Michael,"a 22-year-old youth, became Action StepsDate disconnected from his family due to a history of a. Increase access to health care, including behavioral and family violence.After a substance abuse treatment, free of charge for those without 2018 year of couch hopping with insurance or income friends and staying on the streets, "Michael"accessed b. Support, enhance, and expand relationships with providers to Coordinated Assessment provide medication at low or no cost to those with little to no 2019 through the Lighthouse income or insurance Center and secured shelter in the same day. He was later placed in a transitional housing program and eventually in permanent supportive Goal 4: Make Youth Homelessness Rare, Brief, and Nonrecurring housing with one of our CoC partners. Overview In June 2017, "Michael" HUD defines "homeless moved into permanent youth" as an housing in Virginia Beach unaccompanied individual 24 years of age and and is thriving in his new younger who is disconnected from a parent, home. guardian, or spouse. Federal requirements for counting the youth homeless population for PIT Throughout"Michael's" began in 2015. According to our 2017 PIT Count, journey to end his there were 46 homeless youth. homelessness, he received intensive case management Homeless youth face unique challenges and services,which included dangers on the street.They are especially vulnerable • 12 Minor Children(Age 947) two to three weeklyvisits, b to sexual exploitation, criminal victimization, and assistance in beneffits II traumatic stress.Therefore,youth and young adults 34 Young Adults(Age 18-24) management,and transportation to essential need a full range of comprehensive, accessible Source:2017 PIT Count appointments. services to become stably housed to help them successfully develop into adulthood. Although our system has shelter beds dedicated to youth ages 17 and under, there are no specific beds for youth ages 18-24. Helping this vulnerable group, including those aging out of foster care or who are LGBT, must be a priority in our system in order to get them off the streets and connected to housing and services. COMMUNITY OF ONE 43 1 ,ate - COMMUNITY OF ONE ACTION PLAN ,i i - Objective 4.1: Provide appropriate shelter and survival assistance to ensure ell that the unaccompanied homeless youth are safe and protected as they , ,/ /-li , transition from homelessness to stable housing. t , Action Steps Date a. Create transitional housing for youth who are not ready to _ � 's live independently with a focus on developing life skills and 2020 Date t staying in school or securing employment b. Continue to prioritize vulnerable homeless youth as equally as 2017 and - those who are identified as chronic in order to quickly access Ongoing emergency crisis beds / Objective 4.2: Reduce number of youth and young adults experiencing �*, youth homelessness. %� Action Steps Date a. Continue to support the disconnected youth committee to maintain and expand engagement and support services for 2017 and youth, and identify best practices for youth housing and Ongoing services b. Ensure at least one outreach team member has the cultural competency to engage the youth population and facilitate 2018 system access c. Work with Human Services and youth service providers to 2018 identify and connect youth to services and housing Objective 4.3: Ensure an adequate supply of housing that is appropriate for disconnected youth. Action Steps Date a. Create and implement plans to address permanent housing 2018 needs and funding for disconnected youth b. Allocate 10 (1/3) permanent housing apartments located at 2018 the Housing Resource Center to unaccompanied youth c. Research the utilization of host homes for youth aging out of 2019 the foster care system 44 COMMUNITY OF ONE COMMUNITY OF ONE ACTON PLAN Goal 5: Maintain and Increase the Supply of Permanent, Accessible, and Affordable Housing Overview One of the fundamental causes of homelessness is the gap between a household's income and the cost of housing. People are generally extremely poor at the time they 11111100 become homeless. An adequate supply of housing that is affordable is a permanent, cost-effective solution to homelessness that provides benefits to the entire community. The relatively high cost of housing in Virginia Beach poses a significant challenge to lower-income families. A recent study that looked at housing affordability challenges in Virginia Beach found that more than one-third of all households in Virginia Beach, approximately 61,420, are cost-burdened. This means these households pay more than 30%of their income for housing,the accepted standard for housing affordability. Renters and owners have different housing costs,and renters are more likely to grapple with housing affordability challenges.A disproportionately large share of renters have low household incomes, less than 80%of Area Median Income(AMI). Renters are also disproportionately cost burdened (51%). Households that pay more than 30% of their income for housing may have to make choices between housing and other necessities like medical care, transportation or food.Such households are at risk of homelessness through a single event,such as loss of employment or a medical emergency. Compelling evidence of the housing affordability crisis was also demonstrated in September 2012, when applications were accepted for Virginia Beach Housing Choice vouchers, a federally-funded rental subsidy.In one week, approximately 5,000 applications for assistance were received from Virginia Beach residents alone. Objective 5.1: Continue to support the development of affordable housing units to meet identified priority housing needs using all available methods. Action Steps Date a. Contract for the operation of the 30 available efficiency January apartments at the Housing Resource Center as permanent 2018 supportive housing b. Complete and open Church St. Station Apartments in Norfolk: January will include 10 units of permanent supportive housing for 2018 formerly homeless Virginia Beach residents c. Support the development of Price St.Apartments: 260 units of 2019 affordable housing, including 20 subsidized units COMMUNITY OF ONE 45 i COMMUNITY OF ONE ACTION PLAN Objective 5.1: Continue to support the development of affordable housing units to meet identified priority housing needs using all available methods. Tranquility at Action Steps Date the Lakes d. Continue to utilize Housing Choice Vouchers as appropriate to Ongoing support the development of new housing • . ._a e. Implement a housing strategy plan to obtain and utilize r �._ funding and other incentives to support development of 2019 v affordable housing citywide E TAT ih flii 1 I 11-._ — Objective 5.2: Expand housing services to facilitate access to rental housing. Action Steps Date a. Ensure the availability of housing locator services to support June 2018 Rapid Re-Housing programs b. Support, expand, or create landlord recruitment and retention 2018 strategies to increase landlord partnerships Objective 5.3: Ensure an adequate supply of housing that is appropriate for all populations. Action Steps Date a. Increase the supply of community-based permanent supportive housing to meet the needs of households with high 2018 acuity and the longest history of homelessness b. Use Housing Choice Vouchers (Section 8) to provide January opportunities for permanent supportive housing residents to 2019 transition to community-based housing c. Continue to use HOME and other funds for temporary rental Ongoing subsidies for very-low-income and/or disabled households 46 COMMUNITY OF ONF COMMUNITY OF ONE ACTION PLAN Goal 6: Increase Leadership, Collaboration, and Civic Engagement in Our Community Efforts Overview Ending homelessness only occurs where there is a strong, informed community 'f 111.11111111:, 'a commitment and partnership evidenced by the involvement and support of business r and civic leaders;public officials;faith-based volunteers;and housing,human services, and health care providers. Although significant progress has been made, collaboration across all sectors must be increased to establish and implement action plans that will end homelessness. There must also be additional ongoing opportunities for citizen engagement through educational programs, volunteerism, and public-private partnerships. Innovation -- in the use of resources, interaction with our partners, and how we work with our homeless citizens -- has been a key factor in the development of model programs, such as the creation of five regional efficiency apartments, and must continue to inform our work. Greater involvement, better coordination, and more innovation will generate new BEACH members ways to achieve our goals and more support for achieving them. discuss opportunities for collaboration during a general membership Objective 6.1: Maintain and expand partnerships with all those who wish to meeting at Beach Fellowship Church.General be a part of the effort to prevent and end homelessness. membership meetings are generally held the second Action Steps Date Tuesday of every other month. a. Continue to improve the governance and transparency of the BEACH Governing Board by: i. Examining and adopting a policy regarding conflict of November interest issues 2017 ii. Reviewing term limits and ensuring that regular appointments and elections continue iii. Developing an orientation process for board members COMMUNITY OF ONE 47 COMMUNITY OF ONE ACTION PLAN • Objective 6.1: Maintain and expand partnerships with all those who wish to be a part of the effort to prevent and end homelessness. Action Steps Date b. Support the continued participation of all participants of the BEACH Community Partnership, and ensure its openness to new organizations and people by: i. Seeking to ensure continued participation by smaller organizations through outreach, volunteer engagement, support, and communication strategies ii. Enhancing recognition of all participants for their contributions iii. Providing an organized and open process for utilization of available office and classroom space at the Housing Resource Center Ongoing iv. Conducting outreach to new potential participants from faith, university, and business communities v. Maintaining and enhancing partnerships and joint activities with faith communities in support of all goals of this plan, including feeding programs,winter shelter, family shelter, identification programs, and health programs. Work with the BEACH Service Coordination committee and the Charity Tracker office to assist in communicating about opportunities for faith involvement, and recognizing that involvement regularly. c. Create a Community Advisory Committee to provide October community input on the development of the Housing 2017 Resource Center d. Create partnerships with higher education institutions to provide interns and volunteers to support the system and key March 2018 services e. Develop an employment and training program in partnership March 2018 with the Regional Task Force to End Homelessness f. Support and strengthen the network of services and housing October available to address youth (ages 18-24) homelessness 2018 g. Work closely with Virginia Beach City Public Schools to address needs of school children and their families without regular or Ongoing appropriate housing h. Enhance existing and create new partnerships with the corrections, behavioral health, and health and foster care systems to prevent people being discharged to homelessness; 2019 include reviews of discharge policies and pre-discharge housing planning. 48 COMMUNITY OF ONF COMMUNITY OF ONE ACTION PLAN Objective 6.2: Increase community knowledge about homelessness and our community's efforts, successes, and challenges. Action Steps Date a. Disseminate a monthly newsletter and other publications August 2017 about the Housing Resource Center and ongoing b. Post and make available data and reports for stakeholder and September public review and utilization 2017 and ongoing c. BEACH Governing Board should regularly identify and publish key system gaps and community needs as part of an ongoing May 2018 system of engaging partners and creating understanding in and ongoing the community Goal 7: Develop and Maintain Sustainable Resources to Support Our Ongoing Community Effort Overview • Predictable and sustainable funding for programs is required to achieve the goals s ., of our plan. In an era of diminished federal funding and economic uncertainty, it is . important to identify new and diversified revenue sources, redirect existing funding �• to support high performance programs, and create partnerships to leverage new ` • resources. ,. Objective 7.1: Maintain and increase the availability of funding to address community needs and system gaps. Action Steps Date • ' a. Support the VB Home Now foundation's ongoing 2017 and fundraising efforts for the Housing Resource Center ongoing b. Develop and implement outcome-based requirements so that funding is directed to the most effective programs 2018 COMMUNITY OF ONE 49 COMMUNITY OF ONE ACTION PLAN Objective 7.1: Maintain and increase the availability of funding to address community needs and system gaps. Action Steps Date c. Seek new funding from diverse and all appropriate sources in conjunction with partners by: i. Becoming a high performing Continuum of Care (CoC) to qualify for bonus funding ii. Identifying a non-federal, ongoing source of funds for a 2019 short-term "Housing First" program that helps potential renters overcome one-time barriers to renting existing market-rate housing units iii. Seeking foundation, social investment, or other new funding sources d. Seek support to establish a housing trust fund or similar 2019 mechanism to provide local support for affordable housing e. Explore the use of Temporary Assistance for Needy Families October 2018 (TANF) program to support housing options f. Maintain and continually improve our system of services to qualify for and obtain all available federal and state CoC Ongoing and Virginia Homeless Solutions Program (VHSP) resources g. Identify and develop plans to preserve existing affordable housing stock that may need improvement or may be 2018 threatened with conversion to market rate h. Support and participate in policy and resource development initiatives at the regional and state levels to promote Ongoing resources that will support plan objectives 50 COMMUNITY OF ONE r t F ; 1 . AN. • i } • 44. - -. �._ te. � r V IMPLEMENTATION, MONITORING & EVALUATION Successful implementation of this plan will require the participation of multiple partners who will be engaged in a wide variety of service activities,policy development, and program initiatives. The governance structure will continue to coordinate and oversee plan efforts,review and refine plan contents,evaluate results,and develop the resources needed for the proposed actions. A monitoring,evaluation,and reporting process will be necessary to measure progress and create support for the ongoing work of the system. Through the enhancement of HMIS, the evaluation process will be informed by the quantity and quality of data collected on system activities. Monthly and quarterly data-driven progress reports will be developed and widely circulated. Data and reporting will also be available on a regional basis allowing better coordination of services as well as improved performance monitoring. A more detailed annual review will be conducted using a reviewer external to the system. This in-depth annual review will incorporate any needed amendments to the plan. An additional evaluation of performance of housing assistance programs is conducted as part of the annual CoC funding process. Agencies requesting renewal of existing grants will undergo a rigorous performance review to determine if they are meeting performance benchmarks established by the community. COMMUNITY OF ONE 51 IMPLEMENTATION,MONITORING&EVALUATION The Department of Housing and Neighborhood Preservation has created a new Homeless Services Division. This division will be responsible for assisting in the planning, coordination, monitoring, and evaluation of the service system as well the delivery of key services within the system. The leadership staffing component of the DHNP Homeless Services Division division includes the Homeless Services Administrator, Homeless System Manager, CoC/Resource Coordinator, and Community Volunteer and Resource Coordinator. • ak ct 52 COMMUNITY OF ONE APPENDICES The appendices include all of the following: 1.2013 Strategic Plan to End Homelessness Action Plan (updated with statuses) 2.Housing Resource Center Fact Sheet 3.Glossary of Acronyms &Terms 4.Online Resources oMMUN!i Y of ONE 53 AP?FNDICFS Appendix 1: 2013 Strategic Plan to End Homelessness Action Plan (updated with statuses) Goal 1:Increase leadership, collaboration, innovation and civic engagement in our community efforts. Objective 1.1: Strengthen the capacity of key public and private organizations to prevent and end homelessness. Action Steps Benchmark Status Increase city staff support for the community's Hire Homeless Coordinator. AmeriCorps Completed efforts to prevent and end homelessness. volunteer starts. Continue to support BEACH as the organization BEACH is viewed by stakeholders as Ongoing where we plan to end homelessness in Virginia the place where plans and issues are Beach. discussed. Strengthen the community governance system A new governance system meeting Completed to enhance coordination, collaboration and HEARTH Act requirements and and ongoing insure compliance with the HEARTH Act. Ensure community needs is created. broad community membership including schools, Police, key health care providers and workforce development organizations. Ensure that BEACH has full representation from all BEACH membership reflects this. Completed key groups, including homeless and/or formerly and ongoing homeless persons. Expand use of the Charity Tracker data collection New faith communities begin and Ongoing system in the faith-oased community. continue using the system. Ensure the availabil ty of high quality, timely data on Monthly reports based on HMIS created Ongoing homelessness to facilitate targeting interventions, and distributed. evaluating results, strategic planning and resource allocation. Objective 1.2:Increase community knowledge about homelessness and our community's efforts, successes and challenges Action Steps Benchmark Status Enhance the BEACH website to serve as the primary Website complete. Information regularly Ongoing online information source about preventing and updated. ending homelessness. Publish and widely disseminate quarterly and annual Reports created, distributed and posted Completed reports documenting progress toward achieving on DHNP and BEACH websites. and ongoing plan goals. Consider a monthly report of numbers of people housed consolidating info from all agencies. Provide ongoing opportunities for people to engage Regularly scheduled events and Ongoing in and learn about our efforts. publications about homeless issues. 54 COMMUNITY OF ONE APPENDICES Objective 1.3: Maintain and expand partnerships with all those who wish to be part of the effort. Action Steps Benchmark Status Create a Community Advisory Committee to provide Committee appointed; Regular meetings In process community input on development of the Housing scheduled. Resource Center. Create partnerships with higher education Agreements and programs with local In process institutions to provide interns and volunteers to institutions developed. support the system and key services. Develop an employment and training program in Employment program developed. In process partnership with the Regional Task Force to End Homelessness. Continue active participation in the Regional Development of regional projects and Ongoing Taskforce to End Homelessness. programs that have win/win results for the city. Projects initiated include:The Healing Place; employment and training; HMIS; and regional conferences. Potential projects include regional central intake. Goal 2: Create a collaborative system of service delivery and access that connects people to services that meet their basic needs and support housing stability. Objective 2.1:Adapt our current system to ensure that it incorporates all components required by the federal HEARTH Act using recognized best practices. Action Steps Benchmark Status Create a comprehensive system plan to address Individual component plans adopted Completed HEARTH requirements, including governance, throughout early 2014. and ongoing coordinated intake and assessment, consistent standards for service and a performance assessment Full system plan adopted and system. implemented by August, 2014 Improve and enhance efforts for diversion, A central system implementing these In process prevention, short-term emergency housing, access activities will be in place. to mainstream resources and housing-focused case management. 200 individuals or families are diverted and assisted with less than 5% recidivism. Reposition shelters to provide short-term housing Emergency shelter usage is consistently In process only with reduced barriers to access, unified less than 250 unique individuals annually standards and procedures and a focus on accessing and lengths of stay do not exceed 3 permanent housing. months. Support and invest in "Housing First" and Rapid Housing First and Rapid Re-Housing Completed Re-Housing models for homeless families and programs implemented. and ongoing individuals that provide housing-focused case management and resources necessary for housing placement. COMMUNITY OF ONE 55 APPENDICES Objective 2.1: Adapt our current system to ensure that it incorporates all components required by the federal HEARTH Act using recognized best practices. Action Steps Benchmark Status Enhance and expand the regional Homeless Timely, accurate data and reports are Ongoing Management Information System to improve client available to service providers. data and support service delivery, evaluation and communication between providers. Objective 2.2: Replace and enhance the services provided by the Lighthouse Center by creating a Housing Resource Center as the focus for our community's effort to end homelessness through coordination of intake, assessment, services and referrals for families and individuals. Action Steps Benchmark Status Develop the Housing Resource Center. Housing Resource Center constructed In process; and operational. scheduled to open spring 2018 Develop services plan for relocation of appropriate Services plan developed. Services plan In process current services and creation of new services for the implemented. Housing Resource Center, to include physical and virtual access. Work with churches and providers to modify the Oceanfront services to the homeless In process system of assistance in the Oceanfront area to are assessed and modified to maximize reduce the impact on area neighborhoods and collaboration, efficiency and a reduction increase coordination and effectiveness of services. in homelessness. Work with the VB Police Department to enhance Non-enforcement outreach staffing Completed non-enforcement outreach and engagement efforts is developed and assigned to work in and ongoing to homeless persons in the Oceanfront area. collaboration with DHNP and DHS Objective 2.3: Mobilize and support the coordination of community providers, volunteers and institutions to create or strengthen networks that address critical components of the services system such as chronic homelessness, homeless families or healthcare. Action Steps Benchmark Status Identify new and existing key networks as well as Key networks and members identified. In process current and potential members of each network. Develop a plan for each identified network that Plans drafted and actions begun. Key In process defines the goals and activities of those networks in networks: Family homelessness with VB detail. public school participation; Oceanfront homelessness issues; Disconnected youth. 56 CO'AVIJNIII' OE ONE APPENDICES Objective 2.4: Ensure that the system reaches and effectively serves all those in need, including special needs populations, using person-centered principles and practices. Action Steps Benchmark Status Expand and enhance outreach using appropriate 32 individuals annually access housing Completed staffing and skills to reach chronically homeless and support directly from the street. and ongoing persons and families, individuals exiting institutions and nursing homes, veterans, disconnected youth 25 homeless vets annually access VA and other special needs populations. benefits with 80% accessing supportive housing. Enhance existing and create new partnerships with Memoranda of Agreement and other In process the corrections, behavioral health, health and foster protocols developed. care systems to prevent people being discharged to homelessness. Include reviews of discharge policies and pre-discharge housing planning. Assist persons experiencing homelessness and those Behavioral and physical health services Ongoing at-risk to access all available behavioral and/or available as needed. physical health services for which they are eligible. Develop a plan to provide medical respite shelter 5 respite shelter beds provided. No longer beds. pursuing Develop The Healing Place to serve the chronically The Healing Place developed. No longer homeless with substance abuse issues. pursuing Objective 2.5 Continually enhance the professionalism, effectiveness and accountability of the services system. Action Steps Benchmark Status Create a regional professional development Training program launched. Ongoing curriculum that addresses key knowledge gaps, including housing-focused case management, outreach for special needs populations and person- centered planning and support. Develop a partnership, or contract, for an external Agreement or contract in place. In process monitoring/evaluation process that provides regular, objective and data-based analysis and evaluation of individual programs and overall system performance. Ongoing evaluation reports begin. Report developed, reviewed and In process circulated. COMMUNITY OF ONE 57 APPENDICES Objective 2.6: Provide appropriate shelter and survival assistance to ensure that the homeless are safe and protected as they transition from homelessness to stable housing. Action Steps Benchmark Status Implement Family Emergency Shelter Pilot Program. Program operational. Completed and ongoing Create shelter beds for families and individuals in the Shelter beds available at Housing In process Housing Resource Center. Resource Center. Unsheltered homeless decrease by a minimum of 50%. Expand the current faith-based Winter Shelter City Council approves funding to No longer Program to a 12 month program on an interim establish 12 month program. pursuing basis, pending construction of the Housing Resource Center. Goal 3: Maintain and increase the supply of, and access to, permanent, accessible and affordable housing. Objective 3.1: Continue to develop affordable housing units through new construction and conversion of existing transitional housing to permanent housing,as determined by community needs. Action Steps Benchmark Status Ensure completion of Crescent Square Apartments. 80 efficiency apartments for individuals Completed built and occupied. Facilitate completion of Baker Woods Apartments. 96 apartments for families built and Completed occupied. Assess existing trarsitional housing and identify Units converted to permanent housing, Completed units appropriate for conversion to permanent rental as determined by assessment housing. Develop affordable housing in conjunction with the Permanent affordable housing Moved to Housing Resource Center. developed. housing development strategy Continue to work with regional and local partners 80 additional SRO and other affordable Ongoing to develop SRO projects and other scattered site housing units developed; re-assess need housing. to ensure supply is matched to need. Review the zoning and other housing-related codes Review conducted and code amendments Moved to to identify barriers to affordable, accessible housing. made, as appropriate. housing development strategy 58 COMMJNITY 01 ONE APPENDICES Objective 3.2: Avoid losses of existing affordable housing units through ongoing review of rehabilitation needs and financing and program requirements. Action Steps Benchmark Status Conduct regular reviews of existing affordable No net loss of affordable housing units. No longer housing to identify and address deficiencies or pursuing potential loss of units. Objective 3.3:Increase financial subsidies and other support for access to rental housing. Action Steps Benchmark Status Explore use of TANF to support rapid re-housing Review conducted. In process programs. Use HOME and other funds for temporary rental HOME and other funds allocated. Ongoing subsidies targeted to very-low income households and/or persons with disabilities. Ensure the availability of housing broker services to Housing broker services established with In process support rapid rehousing programs. regional partners. Identify a non-federal, ongoing source of funds for Conduct research to identify sources. In process a short-term "Housing First" program that helps potential renters overcome one-time barriers to renting existing market rate housing units. Objective 3.4: Continue to create partnerships with non-profit and private sector housing developers for development of affordable housing Action Steps Benchmark Status Continue to provide financial support and incentives Additional affordable housing units Ongoing to promote development of affordable housing. developed. Encourage developer interest in affordable housing Increase in builder interest in affordable Ongoing development and workforce housing program. housing development. Promote private development of affordable housing Create and implement educational Ongoing through outreach and education of housing industry presentations for housing industry. professionals Objective 3.5: Ensure an adequate supply of housing that is appropriate for special needs populations Action Steps Benchmark Status Provide permanent supportive housing to prevent Permanent supportive housing units Ongoing and end chronic homelessness using Housing Choice increase by 120 units. vouchers when feasible and available. Target permanent supportive housing to frequent Assessment criteria established that Ongoing users of emergency shelters and public institutions prioritize housing for frequent users of including mental health facilities, hospitals,jails and services. prisons. COMMUNITY OF ONE 59 APPENDICES Objective 3.5: Ensure an adequate supply of housing that is appropriate for special needs populations Action Steps Benchmark Status Provide opportunities for permanent supportive Tenants transition to community based Ongoing housing residents to transition to community based housing. housing. Increase scattered-site housing options in market Relationships with private landlords In process rate units with supports provided in the community established. or in the home. Create and implement plans to address permanent Plans developed In process housing needs and funding for: • disconnected youth Funding identified • very low-income families • veterans and their families 18 unaccompanied homeless youth • People discharged from prisons, health care and annually access housing or family mental health care facilities. reunification, as appropriate. Promote or incentivize inclusion of Universal Design Increase in the number of affordable, No longer and visitability features in affordable housing units. accessible units. pursuing Goal 4: Develop sustainable resources to support our ongoing community effort. Objective 4.1: Increase the availability of funding for proven assistance programs and new initiatives that end homelessness. Action Steps Benchmark Status Identify diverse and flexible funding that can respond Research conducted and sources In process to identified needs without regard to program identified. requirements such as a Housing Investment Fund. Integrate homeless funding with mainstream Eligibility for mainstream resources is In process resources such as-"ANF and VA benefits. determined at assessment. Develop and implement outcome-based funding Outcomes established to guide fund Completed requirements so that funding is directed to the most allocation. effective programs. Review feasibility of Social Impact Bonds. Develop a briefing paper for review No longer by BEACH, city agencies and Hampton pursuing Roads Community Foundation. Support and participate in policy and resource State resources allocated to Ongoing development initiatives at the state level to promote homelessness are maintained or resources that will support plan objectives. increased 60 COMMUNITY OF ONE 4 APPENDICFS Objective 4.2:Identify and obtain new non-monetary resources. Action Steps Benchmark Status Seek to establish social enterprises as part of or in Programs initiated. In process conjunction with the Housing Resource Center and (without The Healing Place. The Healing Place) Objective 4.3: Coordinate and increase resource development activities for homeless services in the City, Region and State to ensure a net increase in available funding. Action Steps Benchmark Status Support the Virginia Beach fund raising effort for the $1 million raised in support of the Center. Ongoing Housing Resource Center Exchange information about fundraising plans and Regular information exchange at Ongoing activities. meetings. Implement collaborative fundraising activities and Grants developed and submitted. In process grant applications, as appropriate. Seek to establish coordinated funding decision- Grant requests are coordinated and In process making among regional funders to promote effective aligned with system goals. support of key programs and to ensure that grant proposals align with Virginia Beach system goals. Support state-level efforts to stabilize or increase State funding is stable or increased In process funding for homelessness. C 0'1"A1,JN'v 01 ONE 61 IA ABOUT THE HOUSING RESOURCE CENTER Housing Resource Where our community will come together to make homelessness rare,brief,and nonrecurring! Location: 104 N.Witchduck Road iv* Virginia Beach,VA _ . I ' ' I 1 t� Opening: aim , s Spring 2018 With the opening of the Housing Resource Center,Virginia Beach is poised to become a national leader in the effort to prevent and end homelessness • It will combine efficiency apartments,shelter and housing for families and singles,supportive services,and community resources in one facility—the first of its kind in the region! Family Interim Housing 10 motel-style rooms(40 beds with room for cribs)with connections that will accommodate small or larger families (operated by nonprofits) Singles Shelter 49 beds=44 dormitory-style beds(20 male,18 female,4 LGBT) +7 ADA accessible beds(operated by nonprofits) 30 one-bedroom apartments(10 allocated for youth)that provide longer Efficiency Apartments term or permanent living arrangements for single adults(operated by nonprofits) Day Services Laundry,showers,and related services(operated by nonprofits) Health Clinic Comprehensive primary care health services available for both participants at the center and the community.Accessible by separate outside entrance. City Offices Human Services Other Learning facility and commercial kitchen Services Include: • Coordinated assessment • Education programs • Housing crisis case management • Job-skills training • Short-term,overnight shelter for singles and families • Charitable medical services • Life-skills coaching • Social services 62 COMMUNITY OF ONE APPENDICES The Housing Resource Center is a one-stop-shop of essential services,shelter and housing where homeless families and individuals can leave homelessness behind • Participants at the Housing Resource Center,start on their housing and employment plans on day one! • We will help families and individuals get into permanent housing,and be successful in that housing as quickly as possible! • The most vulnerable homeless families and individuals will be connected to shelter and housing at the center or at nonprofit facilities.People who are at risk of losing their home will be connected to services and resources that will prevent them from becoming homeless. The Housing Resource Center is a testament to the community's longstanding commitment to ending homelessness in Virginia Beach • For 30+years,our community effort can best be described as a tapestry of city,faith and nonprofit organizations working together.The center will be a place where our community will come together to do the most good. The Housing Resource Center is one component of our community system,which will enhance how make homelessness rare,brief and non-recurring • Any organization will have the opportunity to provide services that align with our community goal For more information: City of Virginia Beach Department of Housing&Neighborhood Preservation Andrew Friedman,Director (757)385-5752 afriedma@vbgov.com Karen Prochilo (757)385-5803 kprochil@vbgov.com www.vbgov.com/housing-resource-center COMMUNITY OF ONE 63 APPFNDICFS Appendix 2: Glossary of Acronyms & Terms Acuity Charity Tracker The severity of the issues experienced by clients who Web-based software that helps faith organizations are homeless. coordinate and report on the assistance they provide to people in need. At Risk of Homelessness Coordinated Assessment An individual or family experiencing a housing crisis and in imminent darger of losing their housing. The system of asking the consumer a set of questions to determine which programs or services are most appropriate to meet their needs and prioritize them for BEACH Community Partnership various services.A standardized set of assessment tools are used to make these determinations. Assessment Bringing an End to All City Homelessness is a staff is trained on administering and scoring these community partnership between citizens, faith, tools, as well as the order in which they should be business, nonprofit and City organizations working administered and the average amount of time each to address homelessness. A committee of BEACH assessment should take. facilitates the CoC process. Continuum of Care (CoC) BEACH Governing Board A collaborative, community funding and planning A HUD-required entity that makes funding and ranking process for a range of housing and services addressing decisions about federal and state funding — a total of the needs of homeless families and individuals. A more than $1.5 million. The board is endorsed by the grant application is submitted annually to the HUD for City Council and provides recommendations to City funding to implement the community plan. The group staff and the Council on homeless policies and plans. of community partners involved in this process is often Board members are elected by the BEACH Community referred to as the "Continuum of Care." Partnership, and its membership is comprised of representatives from City, faith, schools, nonprofits, and regional organizations,and the formerly homeless. Chronic Homelessness Refers to a family or individual who has been continually CAMG homeless for a year or more; or has had four or more episodes of homelessness in the past three years. Community Alternatives Management Group Diversion Case Management A strategy that prevents homelessness for people Case managers work with clients and do some or all of seeking shelter by helping them identify and access the following:assessment,personal plan development, alternative housing arrangements and supports. connection with necessary services, coordination of Diversion programs reduce the number of families and service providers, monitoring, and personal advocacy. individuals becoming homeless, the demand for shelter beds, and the size of program wait lists. 64 COMMUNITY OF ONE i • APPENDICES DH Homeless Prevention Virginia Beach Department of Health A program that diverts households from homelessness by providing targeted, limited assistance to households who are likely to become homeless if not assisted. DHNP City of Virginia Beach Department of Housing and Homeless Youth Neighborhood Preservation Unaccompanied individuals 24 years of age and younger who are disconnected from a parent, DHS guardian, or spouse. City of Virginia Beach Department of Human Services Housing Affordability Emergency Shelter The generally accepted definition, established by HUD, that a household pay no more than 30% of its annual Refers to a facility or program for providing temporary income for housing. shelter for addressing an immediate housing crisis. Sometimes provides additional services and housing assistance. Housing First An approach to homeless assistance that provides HEARTH Act immediate access to housing without any prerequisites to services and income, followed by the supportive The federal Homeless Emergency Assistance and Rapid services that may be needed to foster long-term Transition to Housing Act, adopted in 2009, requires stability and prevent a return to homelessness. significant changes in the way communities plan and deliver services. Communities must now operate as a coordinated service delivery system rather than as Housing Resource Center a collection of individually funded projects. Specific requirements include a coordinated assessment A one-stop-shop of essential services, shelter, and process, performance-based funding, a focus on housing that is scheduled to open at 104 N. Witchduck homeless prevention and permanent housing and an Road in Virginia Beach in the spring of 2018. inclusive governance structure with representation from all service providers, not just those receiving federal funding. HUD Homeless Management Information System (HMIS) U.S. Department of Housing and Urban Development A computerized data collection application that records Interim Housing and stores information on homeless individuals and families who use residential or other homeless services. Short-term housing program that provides housing- focused services aimed at quickly rehousing persons who are homeless into appropriate permanent housing. CSCYyl'.i R11 Y 01 CJNL 65 JCOC Point-in-Time (PIT) Count Judeo-Christian Outreach Center A one-day(24 hours), statistically reliable, unduplicated count of sheltered and unsheltered homeless families and individuals within a defined geographic area. LG BT Lesbian, Gay, Bisexual, Transgender Rapid Re-Housing (RRH) A service model designed to immediately return Literally Homeless those who are losing or have lost their home back to permanent housing as well as shorten the length of Individual or family who lacks a fixed, regular, and shelter stays. adequate nighttime residence, meaning: (i) has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) is living in a Regional Housing Crisis Hotline publicly or privately operated shelter. (757)227-5932;single point of contact to streamline the homeless referral and assessment process for citizens PATH Outreach who are homeless or at risk of losing their housing. Projects for Assistance in Transition from Homelessness is a federal, state, and local partnership that provides Single Room Occupancy Housing (SRO) outreach and assistance to adults with serious mental illness who are experiencing homelessness or who are Permanent multi-family housing that consists of at risk of becoming homeless. efficiency apartments, often developed with supportive services available to the tenants. Performance Monitoring Committee (PMC) Transitional Housing Consists of City agencies and nonprofit service providers that receive federal funding and provide homeless Refers to time-limited housing with services where programs in Virginia Beach. The committee monitors people can stay up to 24 months as they prepare to and evaluates the effectiveness of system programs and move into permanent housing. services, and makes recommendations to the BEACH Governing Board. Trauma-Informed Care Permanent Supportive Housing (PSH) An approach to engaging people with histories of trauma Permanent housing.:hat is coupled with services intended that recognizes the presence of trauma symptoms and to support housing stability and independence. PSH is acknowledges the role that trauma has played in their often targeted to triose most at-risk of homelessness lives. including individuals and families with substance abuse issues, mental illness, and other disabling conditions. 66 CUMM'LJNl Y OF ONE • APPENDICES Universal Design Wraparound Services Refers to a national best practice model that Universal Design is the design of products and coordinates all caregiver services, often through a environments to be useable by all people,to the greatest case-management team or shared service plan system, extent possible, without the need for adaptation or bringing mainstream and nonprofit providers together specialized design. for case conferencing and problem solving. It is often used in permanent supportive housing and sometimes coincides with "harm reduction." VBCDC Virginia Beach Community Development Corporation VBFEST Virginia Beach Family Emergency Shelter Team coordinates to provide family shelter faith organizations during the summer months VB Home Now A nonprofit that supports and enhances the Virginia Beach community system of services, programs, and facilities in order to prevent and end homelessness. The foundation raises funds, accepts gifts and provides other resources in order to fill gaps in our community. Visitability Refers to housing designed and constructed so that it can be occupied or visited by individuals with mobility impairments. A home is visitable when it meets three basic requirements: • One zero step entry • Doors with 32" of clear passage space • One bathroom on the main floor with sufficient maneuvering space (a rectangular space no less than 30" by 48" is available adjacent to the tub or shower, the commode, and the sink) COMMUNITY OF ONE 67 i APPENDICES ONLINE RESOURCES BEACH www.beach-cp.org Federal Strategic Plan to Prevent and End Homelessness www.usich.gov/opening_doors/ VB Home Now www.vbhomenow.org Virginia Beach Department of Housing and Neighborhood Preservation www.vbgov.com/housing Virginia Housing Alliance www.vahousingalliance.org National Alliance to End Homelessness www.endhomelessness.org 68 COMMUNITY OF ONE 4IS X 1 z f 101.0 FOR MORE INFORMATION, CONTACT: City of Virginia Beach Department of Housing and Neighborhood Preservation 2424 Courthouse Drive, Building 18A Virginia Beach, VA. 23456 (757) 385-5750 www.vbgov.com/housing • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution by the Council of the City of Virginia Beach Supporting and Endorsing the Regional Broadband Initiative and a GO Virginia Grant Application MEETING DATE: October 17, 2017 • Background: At a recent meeting of the Hampton Roads Planning District Commission ("HRPDC"), the HRPDC unanimously endorsed the formation and implementation of a regional broadband strategy to connect all 17 of its member jurisdictions. Each member jurisdiction has been encouraged to put forward a separate request to its City Council supporting and endorsing this initiative and application for a GO Virginia grant to financially support this endeavor. GO Virginia is an initiative by Virginia's senior business leaders to foster private-sector growth and job creation through state incentives for regional collaboration by business, education, and government. The Growth & Opportunity Board, responsible for awarding allotted funds to relevant projects, oversees Regional Councils, who submit project ideas to the Board for approval. The Virginia Department of Housing and Community Development supports the administrative aspects of both these entities, and the GO Virginia Foundation supports these efforts through education about best practices and advocacy. GO Virginia supports programs to create more high-paying jobs through incentivized collaboration between business, education, and government to diversify and strengthen the economy in every region of the Commonwealth. • Considerations: The GO Virginia grant would be used to help finance the regional broadband initiative, which is focused on creating a "middle mile" infrastructure that will also support private internet service providers' ability to reach underserved and unserved neighborhoods; expand affordable services to the small business community, and create the bandwidth to support "Big Data" research, incubators, accelerators and new start-ups. • Public Information: A presentation was given to HRPDC by the City Manager, and it will be discussed in City Council's informal public open session prior to adoption. • Recommendations: It is recommended that City Council approve the attached Resolution that supports endorsement of the regional broadband initiative and application for the GO Virginia grant. • Attachments: Resolution 1 A RESOLUTION BY THE COUNCIL OF THE CITY OF 2 VIRGINIA BEACH SUPPORTING AND ENDORSING 3 THE REGIONAL BROADBAND INITIATIVE AND A 4 "GO VIRGINIA" GRANT APPLICATION 5 6 WHEREAS, the Hampton Roads Planning District Commission (HRPDC) 7 unanimously endorsed the formation and implementation of a regional broadband 8 strategy to connect all 17 of its member jurisdictions; 9 10 WHEREAS, the implementation of this new digital technology infrastructure 11 throughout the Hampton Roads region will accelerate the creation of 21st Century jobs 12 and support the creation of new and expanded businesses throughout the region; 13 14 WHEREAS, the first transatlantic cable (MAREA) landing has occurred on the 15 shores of Virginia Beach and is connecting to a newly constructed cable landing station 16 and the second cable (BRUSA) is under construction with additional transatlantic cable 17 landings being planned; 18 19 WHEREAS, those future cable landings will spur the construction of data centers 20 and incentivize the expansion of internet knowledge based economic development 21 throughout the region; 22 23 WHEREAS, the regional broadband strategy anticipates a four phase program to 24 connect both Peninsula and Southside jurisdictions along with the many academic 25 institutions, research, modeling and technology centers within the region; 26 27 WHEREAS, the City of Virginia Beach established its Master Technology Plan in 28 2013 and implemented a Next Generation Network Fiber/Broadband Capital 29 Improvement Project in 2014 and is currently constructing fiber gap infill to create over 30 116 miles of in-ground fiber connecting government facilities, all the Virginia Beach City 31 Public Schools and integrating our transportation signal and camera system; 32 33 WHEREAS, the implementation of Wireless Networks requires the backhaul of 34 data and communications via improved digital infrastructure; 35 36 WHEREAS, the build out of fiber adjacent to our road network will create a 37 "sensor-ready" environment to serve the testing and adaptation of autonomous vehicles; 38 and 39 40 WHEREAS, the intent of this Regional Broadband Initiative is to create a "middle 41 mile" infrastructure that will also support private internet service providers' ability to 42 reach underserved and unserved neighborhoods and expand affordable services to the 43 small business community. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 48 That the City Council supports the creation and implementation of a Regional 49 Broadband Strategy and GO Virginia Grant Application. Adopted by the Council of the City of Virginia Beach on the day of , 2017. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: �I�� 1�4 .I/ ii 6 Dep. merit of Informs ion City Attorney's Office Te. nology CA14022 R-2 October 6, 2017 2 frrldte .tI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Lease Between the City of Virginia Beach and the Back Bay Wildfowl Guild, Inc. for the Property Located at 1113 Atlantic Avenue Known as the deWitt Cottage. MEETING DATE: October 17, 2017 • Background: The City of Virginia Beach (the "City") acquired the property located at 1113 Atlantic Avenue, Virginia Beach, Virginia (GPIN: 2427-25-5317) (the 'Premises") commonly known as the deWitt Cottage (the "Cottage") in 1995 from the Virginia Beach Foundation. The City has been leasing the Premises to Back Bay Wildfowl Guild, Inc. ("Back Bay") since October 2000 to operate the Atlantic Wildfowl Heritage Museum. The current lease term expires October 22, 2020, which lease was approved by City Council on April 19, 2016 by Ordinance #3448C. In an effort to provide an additional revenue source for the museum, Back Bay desires to allow a food vendor to sell food and beverages outside the Cottage, which is not allowed under the current lease. Back Bay is also requesting a Conditional Use Permit for an open air market, which will be heard at the same time as this request to amend the lease. • Considerations: Both the City and Back Bay are dedicated to preserving the historic nature of the Cottage and operating the Cottage in a manner that complements the City's historic culture. Activities currently conducted by Back Bay at the Premises include wildfowl exhibits and related special events, receptions and meetings, operation of a gift shop and the exhibition of furnishings and other items that are intended to preserve the historic nature of the Cottage. • Public Information: Advertisement of City Council Agenda • Recommendation: Approval • Attachments: Location Map, Disclosure Statement, Ordinance and Amended Summary of Terms Recommended Fti . pproval Submitting D art ent/Agency: Public Works / Facilities Management 7L City Manager: \ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT TO 3 THE LEASE BETWEEN THE CITY OF VIRGINIA 4 BEACH AND THE BACK BAY WILDFOWL GUILD, 5 INC. FOR THE PROPERTY LOCATED AT 1113 6 ATLANTIC AVENUE KNOWN AS THE DEWITT 7 COTTAGE 8 9 WHEREAS, the City of Virginia Beach (the "City") acquired the property located 10 at 1113 Atlantic Avenue, commonly known as the deWitt Cottage (the "Premises") from 11 the Virginia Beach Foundation on September 28, 1995; 12 13 WHEREAS, the City has been leasing the Premises to the Back Bay Wildfowl 14 Guild ("Back Bay") since October 2000 to operate the Atlantic Wildfowl Heritage 15 Museum; 16 17 WHEREAS, the current lease term expires on October 22, 2020; 18 19 WHEREAS, Back Bay desires to amend the current lease to allow the sale of 20 food and beverages by itself or by a third-party, such as a sub-tenant or a licensee; 21 22 WHEREAS, City staff has determined that it is in the best interest of the City, its 23 citizens and its visitors that Back Bay continue to use the Premises consistent with the 24 City's mission to preserve the historic nature of the Premises; and 25 26 WHEREAS, the amendment to the lease will continue to allow the Premises to 27 be utilized for purposes that complement the general level of culture of the City of 28 Virginia Beach, including wildfowl exhibits and related special events, meetings and 29 receptions, operation of a gift shop, and exhibiting furnishings and other items which are 30 intended to preserve the historic nature of the Premises. 31 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a First Amendment to 36 Lease between Back Bay Wildfowl Guild, Inc. and the City for the Premises, in 37 accordance with the Amended Summary of Terms attached hereto as Exhibit A and 38 made a part hereof, and such other terms, conditions or modifications as may be 39 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 42 , 2017. CA14020 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p023\00409183.doc R-1 October 2, 2017 APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM // City Aey lt '‘ Cnb-, Public W s/F2cilities Management APPROVED AS TO CONTENT: di 9" a . M seums EXHIBIT A AMENDED SUMMARY OF TERMS Lease of City-owned Property located at 1113 Atlantic Avenue, Virginia Beach, known as the deWitt Cottage LESSOR: City of Virginia Beach LESSEE: Back Bay Wildfowl Guild, Inc. PREMISES: 1113 Atlantic Avenue TERM: Current lease expires October 22, 2020 RENT: $1.00 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for operation and activities that preserve the historic nature of the deWitt Cottage and in a manner that complements the City's historic culture. • The Premises must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. • Provide daily housekeeping services. • Purchase commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks and landscaping. • Provide minimal weekly housekeeping services • Provide payment for all utility costs and fees as they pertain to electricity, heating, fuel, water, sewer and solid waste collection. • Retain the right to enter the Premises at any time for emergency repairs. TERMINATION: City may terminate the Lease by giving sixty (60) days' advance written notice. AMENDED TERMS TO THE LEASE: • The Guild and its permitted assignees, subtenants or licensees shall be permitted to sell food and drinks (the "Vending Use") on the Leased Premises in conformity with all laws and ordinances applicable to said activities, and subiect to the following conditions and restrictions: i. The Vending Use shall be subiect to the prior approval by the City (through the City Manager or his designee) and such approval may be withheld for any reason in the City's sole discretion. ii. The Vending Use shall be an incidental, not a primary, use of the Leased Premises and shall be limited to one (1) Vending Use at any time. iii. No structural changes will be permitted to the historic cottage or other buildings located on the Leased Premises to accommodate the Vending Use; such Vending Use shall take place outdoors on the patio in the form of a free-standing food cart or temporary stand. iv. The Guild shall require its subtenants or licensees for the Vending Use to indemnify the City and carry insurance consistent with the provisions for the Guild set forth in Sections 10 and 7(8), respectively, of the Lease. v. The sale of alcoholic beverages will not be permitted as a part of day-to-day vending but may be allowed, upon proper permit, as part of special events otherwise allowed under the Lease. vi. The Vending Use shall not utilize the City-provided utilities at the Leased Premises. vii. The subtenant or licensee shall obtain and maintain in good standing all necessary City permits and approvals related to such Vending Use prior to beginning operations. GJ Q UJ C CC fa Q , W M V) c r >03Q°" S1'1 6 % ]. __-N--"\--H.__ , \'' yIi { O ii =-)„,_.....Cicc.- 1 t „ ___li i Om Q ` 011 111199 yV. _ ili Z '-..w.-4.''' Ate'144"6 `-y O _ r ' • 1299 { r _ O Gi\--::' J • r r iCA'''\ \-,----'-t\,i r________.--L__,..(r) ,\ „, ,‘\ • $ \ l,--•3ti ___________i ti J� _____s ----\:•,_ „ \\ i. oti ti s c \,_ _ - r __- - fes` ___.�=1.--A. ':\-1•1 _ - liZ 'i 4 } . _____-_-_---.....:-.:--- , �v� 1010" _ g\B Virginia Bench APPLICANT'S NAME ; , . , ,_. 4 ' •_• ild, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement 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 I I OR COV USL ONLY/All clorInskinas n: II _ ._ Idredr ...,, HIM i.r Page 1 of 5 my Cnmmuelcn and(Ip (ouuul n.oviioOm: p<uin.u, . ❑ APPLICANT NOTIFIED OF FLARING PAI NO CHANGES AS OF P1.11 REVISIONS SUBMITTED DATI :NB Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ir Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Back Bay Wildfowl Guild,-Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Jeff Tinkham, President, Wayne Jarman, VP, Jim Mehne, Secretary, Roger Shope, Treasurer, Directors - Jason Seward, Mark Cromwell, Werner Seibel, Bill Walsh, Jamie Champe Al Henley. and Herb Videll. (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if properly owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, �/ business, or other unincorporated organization. Lv� Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC, list the member's names: Page 2 of S :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) "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, va. Code § 2.2-3101. 4 -- '—�' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 71/41B Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Irl Accounting and/or preparer of your tax return ❑ sr Architect / Landscape Architect / Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ g purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ [Jf Construction Contractors ❑ g Engineers / Surveyors/ Agents Financing (include current ❑ r—/ mortgage holders and lenders LI selected or being considered to provide financing for acquisition �/ or construction of the property) ❑ LI Legal Services Real Estate Brokers / ❑ ' Agents/Realtors for current and anticipated future sales of the subject property • ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ElRi an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appfcation. p /' �/ i at7 � o� �L� ('�gy�ec/'f7' 4 Z5 r 7 APPLICANTS SIGNATURE PRINT NAME AT PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 J ASSUMED OR FICTITIOUS NAME CERTIFICATE AS REQUIRED BY SECTION 59.1-69 OF THE CODE OF VIRGINIA OF 1950 I This is to certify that the following named persons,partnerships or corporations, �. with their respective post office and residence addresses,embrace the names of each and every person, partnership or corporation owning or comprising the Virginia corporation `33 named or styled as Atlantic Wildfowl Heritage Museum located at 1113 Atlantic Avenue, - -Virginia Beach,Virginia 23451. BACK BAY WILDFOWL GUILD,INC. 1113 Atlantic Avenue a Virginia corporation Virginia Beach,VA 23451 BY: /it Name:ji n Iw 4 . 4F3t3ott— Title: A2atEp Ei7- STATE OF VIRGINIA, CITY OF VilatNl1F R6i4&f--to-wit: I, J: J'EFxIPgf T l4AIH a Notary Public in and for the City and State aforesaid, do hereby certify that stem; N.A. saso r , the PRE31bellr of BACK BAY WILDFOWL GUILD, INC., a Virginia corporation,has acknowledged the same before me in my City and State aforesaid. GIVENynder prllpnd and seal this 1754 day of mew 2014.-- — WV — k /LLA A...5- ! P N tary Public I My Commission Expires: /oh!//5— Notary Registration Number: _- !45-35-$ [SEAL] "0 ,0yyY; t\aeSERVER¢m.mtm1660-002vn-n «n-Dcaa City of Virginia Beach / 41 04/10/2011 01:04:39 PM BM ON Tina E. Simon, Clerk `% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acquisition of Approximately 9.12 Acres Located at 5544 Normandy Avenue from Living River Restoration Trust MEETING DATE: October 17, 2017 • Background: The Living River Restoration Trust, a Virginia land trust conservation organization ("LRRT"), has entered into a contract to purchase property consisting of approximately 9.12 acres (the "Property"), located at 5544 Normandy Avenue (GPIN: 1466-17-1870) in the Avalon Terrace subdivision, from the Charles Wayne Doolin Revocable Trust ("Doolin") for the purchase price of$265,000. The Property has frontage along the Eastern Branch of the Elizabeth River and Cedar Hill Canal and has been used as a residential lot since the 1950s. In the 2016 Outdoors Plan, the City of Virginia Beach (the "City") identified the southern side of the Eastern Branch as a focus area for public water access locations. The Property was chosen jointly between the City and the Elizabeth River Project, a non-profit organization ("ERP"), as the most physically suitable and obtainable site for access to the Eastern Branch of the Elizabeth River. The Property's attributes and conditions present a unique opportunity for open space, water access, conservation, environmental education and volunteer restoration projects. LRRT received grants in the amount of $191,525 from the Virginia Land Conservation Foundation and the Virginia Outdoors Foundation to fund a portion of the purchase price. LRRT desires to enter into a contract with the City, whereby LRRT would receive the remaining funds in the amount of$73,475 from the City to acquire the Property from Doolin. Once LRRT acquires the Property, a conservation easement would be recorded and LRRT would simultaneously re- convey the Property to the City, subject to the easement. The conservation easement would restrict the use of the Property to recreational use, open space and other public purposes. If LRRT is unable to acquire the Property from Doolin for any reason, the City's funds would be immediately returned to the City. The Open Space Advisory Committee supports the City's acquisition of the Property. 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF APPROXIMATELY 9.12 3 ACRES LOCATED AT 5544 NORMANDY 4 AVENUE FROM LIVING RIVER RESTORATION 5 TRUST 6 7 WHEREAS, the Charles Wayne Doolin Revocable Trust ("Doolin") owns s approximately 9.12 acres of land located at 5544 Normandy Avenue (GPIN: 1466-17- 9 1870) (the "Property'), as further described on Exhibit A, attached hereto and made a 10 part hereof; 11 12 WHEREAS, the Living River Restoration Trust, a Virginia land trust conservation 13 organization ("LRRT"), has entered into a contract with Doolin to purchase the Property 14 for $265,000 (the "Purchase Price"); 15 16 WHEREAS, LRRT desires that the City of Virginia Beach (the "City") pay a 17 portion of the Purchase Price and subsequently take title to the Property, subject to a 18 conservation easement (the "Easement"); 19 20 WHEREAS, LRRT received grants in the amount of $191,525 from the Virginia 21 Land Conservation Foundation and the Virginia Outdoors Foundation to fund a portion 22 of the Purchase Price; 23 24 WHEREAS, LRRT has requested that the City contribute the remaining funds in 25 the amount of$73,475 needed to acquire the Property from Doolin; 26 27 WHEREAS, LRRT would combine the grant funding with the City's funds to 28 acquire the Property from Doolin; 29 30 WHEREAS, LRRT would then immediately record the Easement restricting the 31 use of the Property and simultaneously re-convey the Property to the City; 32 33 WHEREAS, LRRT would agree to return the City's funds in the amount of 34 $73,475 if LRRT is unable, for any reason, to acquire the Property from Doolin; 35 36 WHEREAS, LRRT desires to enter into a contract with the City setting forth the 37 terms, conditions and restrictions of the transaction between the City and LRRT, as 38 described in the summary of terms (the "Summary of Terms'), attached hereto as 39 Exhibit B, and made a part hereof; and 40 41 WHEREAS, the City's contribution in the amount of $73,475 needed for LRRT to 42 initially acquire the Property from Doolin is available in CIP 4-308, Open Space Program 43 Site Acquisition III. 44 45 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 46 VIRGINIA: 47 1. That the City Council authorizes the acquisition of the Property from 48 LRRT, in accordance with the terms, conditions and restrictions set forth in the 49 Summary of Terms, attached hereto as Exhibit B, and made a part hereof. 50 si 2. That the City Manager, or his designee, is authorized to execute all 52 documents that may be necessary or appropriate in connection with the acquisition of 53 the Property from LRRT, in accordance with the Summary of Terms, and containing 54 such other terms, conditions or modifications as may be acceptable to the City Manager ss and in a form deemed satisfactory by the City Attorney. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day se of , 2017. APPROVED AS TO CO TENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: LUG(414kL1{ u) DEPT. OF PARKS & RECREATION CITY ATTO NEY CA14003 R-1 October 5, 2017 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain tract, piece or parcel of land and the appurtenances thereunto belonging, situate and being in the City of Virginia Beach, Virginia, and shown on a certain plat and survey made by W. B. Gallup, County Surveyor of Princess Anne County, Virginia, dated June 21, 1947, entitled "AVALON TERRACE", Princess Anne County, Virginia, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 18, at Page 52, and described on said plat as Tract No. 17, the Eastern half of this tract being conveyed herein and more particularly described as follows: Beginning at a point in the center of Normandy Avenue, which point is 284.05 feet from the dividing line between sites #17 and #16 and running thence North 16 degrees and 20 minutes East 141.7 feet to a point, thence turning and running North 26 degrees and 43 minutes East to the low water mark of the Eastern Brand of the Elizabeth River, then returning to the point of beginning, thence along the center of Normandy Avenue South 63 degrees and 11 minutes East 284.05 feet to a pipe, thence North 50 degrees and 5 minutes East 16.3 feet to a pipe (the previous call being unintentionally omitted in prior deeds), thence running North 50 degrees .05 minutes East 115.3 feet to a post, thence North 50 degrees .05 minutes East 30 feet to a point in the center of the stream, thence along the center of the stream, thence along the Elizabeth River, thence along the low water mark of the Eastern Branch of the Elizabeth River to the dividing line between this property and the western one-half of Tract 17, now or formerly owned by N. D. Martin. It is expressly understood that the Grantees of J. F. Nuckols, his heirs and assigns are to have the right to use the roads designated on such plat as Avalon Avenue and Normandy Avenue for the purpose of Ingress and Egress to and from the property herby conveyed. AND BEING THE SAME PROPERTY DESCRIBED AS: ALL THAT certain piece or parcel of land designated as "PORTION OF TRACT # 17 NOW OR FORMERLY CHARLES WAYNE DOOLIN REVOCABLE TRUST", on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM LIVING RIVER RESTORATION TRUST, A VIRGINIA NON-STOCK CORPORATION BY THE CITY OF VIRGINIA BEACH" Scale: 1" = 100', dated August 22, 2017, and made by the Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia. SUBJECT TO a Conservation Easement in a form acceptable to the City and to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. EXHIBIT B SUMMARY OF TERMS SELLER: Living River Restoration Trust ("LRRT") BUYER: City of Virginia Beach (the "City") PROPERTY: 5544 Normandy Avenue (GPIN: 1466-17-1870), consisting of approximately 9.12 acres PURCHASE PRICE: $73,475.00 SOURCE OF FUNDS: Open Space Site Acquisition III (CIP 4-308) ADDITIONAL TERMS: • Payment of the Purchase Price and acquisition are expressly conditioned upon LRRT executing an agreement of sale with the City and the satisfaction of all contingencies stated in such agreement. • Payment of the Purchase Price is expressly conditioned upon LRRT entering into a binding agreement, with no unmet preconditions, to acquire the Property from The Charles Wayne Doolin Revocable Trust. Should LRRT be unable to acquire the Property, LRRT shall refund the full Purchase Price to the City. • The Property will be conveyed to the City subject to a conservation easement. • Use of the Property will be limited to activities, paths and structures consistent with recreational and open space uses. Under the terms of the conservation easement, no development will be permitted on the Property. • Property must be conveyed free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • Settlement shall be within 90 days of full execution of the agreement of sale between LRRT and the City. • LRRT shall pay its own attorneys fees and costs, if any. • The City shall bear the costs of preparation of closing documents, and pay its own attorney fees, if any. r r II 1 r ---4---___,YO< \ ( / /+ --4 -— 's [ . _� 0 / M \ tr /l ` / Oa A2lLN3A00 �\ /r '' ;' ,x,,,,,,,__Th i _....,..,..............s,, CU ,--"- / . 410s. - ---4 4---r- r ids• f > V /� rj + ; — 1—r ./ ]'�. -� 1 . E vi 1— ti T azi fionouog .. ----.. "A '6 .. 2 -.__ \ / \ ----TA\L---- -- . • s 11 i I - 1--.1________L\ � i .HA1 // ` 7 e f 8 771 r e , i i 0.. f • s. Qt y 1 1 � , a f H ,, kVçiz � 4` O '> _ \ 4r1:. -' ,. \::>/ I '''''''''''-.,,,, ' / . . 7-.17‘...N,./ 4 . /' ,; \ W 3 C t .0 \ $ C ! IN ac I a _ � ' _ 414.114,�� • �� *fa , _ r INB Virginia Meech APPLICANT'S NAME Living River Restoration Trust 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 Coundi or a board, commission, or other body appointed by the City Coundi. Such applications and matters Include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Spedni investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise AgreementStreet Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ' The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE ---- Paget of 7 . _, toio5117- Rs ?e -Eks,., 4 ❑ 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:Living River Restoration Trust 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 I(necessary) (see attached) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) The Living River Restoration Trust Is supporting organization of The Elizabeth River Project. See next page for information pertaining to footnotes' and 2 • ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pply If property owner is different from Angola ® Check here If the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWNER fS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN. complete the following. �� , (A) Ust the Property Owner's name: Gr 1€ j 1,witt__N_ p 0l'V If an LLC, list the member's names: Page 2 of 7 wwVIIIIhd•Weigh If a Corporation, list the names ofall officers,directors, members,trustees. etc. below: (Attach list If necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) I 'Parent-subsidiary relationship' means 'a relationship that exists Mien one conporatlon directly or Irdkectly owns shares possessing more than SO percent of the voting power of another corporatlon' See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 'Affiliated business entity relationship' means 'a relationship, other than parentsubsidluy relationship,that exists Man 10 one business entity has a controlling avnershp Interest In the other business entity,01) a controlling owner in one entity Is also a controlling owner Si the other entity,or 010 there h shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantialy the same person lien or manage the two entitles;there we common or commingled fulls 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 them is otherwise a close working relationship between the entities.' See State and Local Government Conflict of interests Act, W.Code§ 2.2-3101 • ' SECTION 3. SERVICES DISCLOSURE Are any of the following senAces being provided in connection with the subtest of the application or any bucinpsc ooeratino or to be operated on the Property. If the answer to any hem 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 �lB YES NO SERVICE PROVIDER(use additional at onal sheIf needed ❑ ❑ Accounting and/or preparer of Mean,Hughes,Goodman LLP your nut return ❑ ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(flatbed= than El 0 the Anolkant)-Identify purchaser and purchaser's service providers My other pending or proposed ❑ ❑ puof rchaser property (Identify purchaen purchasers service providers) ❑ 0 Construction Contractors ❑ Engineers/Surveyors/Agents Financing(Include anent ❑ ❑ mortgage holders and lenders selected or being considered to provide flnandng for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers/ ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property e ' 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 .�a.eaaen. 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 not ication 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. Marjorie Mayfield Jackson 5116117 ASILNATURE PRINT NAME DATE Page 5 of 113 OWNER w�eae.a,. YES NO SERVICE PROVIDER Wit•ddeonsl guru If s ❑ [ Accounting and/or preparer of your to return ❑ Ef Architect/Landscape Architect/ Land Manner ❑ I.1 Contract Purchaser(If other dun the_AlgiifanV-Identify purchaser and purchase's service providers My other pending or proposed ❑ I-?' purchaser of the subject propertyLJ (identify purchaser(s)and purchaser's service providers) 1:1❑ [ Construction Contractors EtEngineers/Surveyors/Agents Financing(include current ❑ Et mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) ❑ Q Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property d 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 ❑ 11 contingent on the subject public action? If yes,what Is the name of the official or employee and what is the natureof the Interest? Page 6 of 7 lB Vhghaaeurh CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meet) or meeting of any Walk body or committee In connection with this 7APP n. � � �qqqq dm ,n -�i ..cif,. Charles Wayne Doolin Revocable / 0 PROPERTY OWNERS SI LURE PRINT NAME E Page 7 of 7 APPLICANT YES NO SERVICE PROVIDER eimmoms sews Ir sena f 1--1 Accounting and/or praetorn. Goodmanr of Wahes,Goodman LLP your tax roan ❑ IZ{ Architect/landscape Architect/ OF land Banner ❑ Contract Purchaser Of other jug theAndpurchaser andpurchasers service providers l�q Any other pending or proposed El i3 purchaser of the sax property Ildentity purchaser(s)ad ® purchase's sunrisesunriserovi pders) p7 LTJ Construction Contractors ® Engineers/Surveyors/Agents Panting(Include atom L I i h I A dorrS ® El wMetad or bdn�p eonWlerodand sto e-C ) provideons r uwndnp for propene j C rva d or construction of the protalnty) C /Wl ® 0 Lad Services liAndtugl{e'',BIArk Real Estate Brokers/ c p-c El ❑ Agents/Realtors for current and anticipated future sales of the I< 4 S sublect properly 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Nath have ❑ ® an interest in the subject lend or any proposed development contingent on the subject pubik action? If yes,what Is the name of the official or employee and what Is the nature of the Interest? Pape 4 of 7 WgIVntaVech 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. 22�^y�' ` Marjorie Mayfield Jackson 5116/17 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 [ ..,4,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City Property known as Lake Joyce and the 25' strip of City Property around Lake Joyce Located at the Rear of 4229 Battery Road MEETING DATE: October 17, 2017 • Background: Paul David Chavez has requested permission to maintain the existing wooden bulkhead (154.8'), a wooden dock (19.2' x 12'), a 48" metal fence (173.1' long), a 42" metal fence; a 42" chain link fence (23.5' long), two planter boxes, a portion of a wooden deck and steps, and a portion of a concrete patio, (collectively the "Temporary Encroachments") within the City property known as Lake Joyce and the 25' strip of City property around Lake Joyce located at the rear of 4229 Battery Road. Exhibit "A" to the attached encroachment agreement (the "Agreement") provides the locations and details of the Temporary Encroachments. • Considerations: City staff has reviewed the existing Temporary Encroachments requested and recommends approval of same, subject to certain conditions outlined in the Agreement, including protections for mature trees on City property. There are similar encroachments in Lake Joyce and the 25' strip of City property around Lake Joyce, which is where Paul David Chavez is requesting to encroach. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments Location Map, Pictures, Disclosure Statement Form, Agreement, Ordinance and Plat. Recommended Action: Approval Submitting De -nt/Age cy: Public Works/Real Estate IC fAL1 City Manager: 'k A • 4 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE JOYCE AND THE 25' 7 STRIP OF CITY PROPERTY AROUND 8 LAKE JOYCE LOCATED AT THE REAR 9 OF 4229 BATTERY ROAD 10 11 WHEREAS, Paul David Chavez desires to maintain existing encroachments 12 consisting of a 154.8' wooden bulkhead, a wooden dock (19.2' x 12'), a 48" metal fence 13 (173.1' long), a 42" metal fence, a 42" chain link fence (23.5' long), two planter boxes, a 14 portion of a wooden deck and steps, and a portion of a concrete patio, (collectively the 15 "Temporary Encroachments") within the City property known as Lake Joyce and the 25' 16 strip of City property around Lake Joyce located at the rear of 4229 Battery Road; 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Paul David Chavez, his heirs, 27 assigns and successors in title are authorized to maintain the existing wooden bulkhead 28 (154.8'), a wooden dock (19.2' x 12'), a 48" metal fence(173.1' long), a 42" metal fence, a 29 42" chain link fence (23.5' long), two planter boxes, a portion of a wooden deck and steps, 30 and a portion of a concrete patio, into the City's property known as Lake Joyce and the 25' 31 strip of City property around Lake Joyce, as shown on the map entitled: "PHYSICAL 32 SURVEY OF LOT 10, SUBDIVISION NO.2 OF BAY LAKE PINES AND RE-SUBDIVISION 33 OF PARCEL "C" OF SUBDIVISION NO. 1- BAY LAKE PINES FOR MEGGIN CHAVEZ 34 AND PAUL CHAVEZ VIRGINIA BEACH, VIRGINIA", dated May 2, 2017, and prepared by 35 John E. Sirine and Associates, LTD., a copy of which is attached hereto as"Exhibit A", and 36 on file in the Department of Public Works and to which reference is made for a more 37 particular description; 38 39 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 40 expressly subject to those terms, conditions and criteria contained in the agreement 41 between the City of Virginia Beach and Paul David Chavez (the "Agreement"), an 42 unexecuted copy of which has been presented to the Council in its agenda, and will be 43 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 44 Beach; 1 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as Paul David Chavez and the City Manager or his authorized designee execute 50 the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2017. CA14019 R-1 PREPARED: 09/05/17 %vbgov.com\dfsl\applications\cilylaw\cycom32\wpdocs\d005\p025\00402478.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ea/ s •UBLI / •RKS, 'E•L ESTATE t07.4-• A''TE'R SENIOR CITY ATTORNEY 2 "EXHIBIT A" �, fr..4 T 'u A,„ y4' a iS In GEflitiT �� o MAY 22017 _ [ ' Su R8+8411718 Po "Y w =48sicv.1 on 6 Is of IT c E liar 1 thei. .i, s 1 es Ind ce1ryaubp8771=71.41-48.444 ofl ',ner.a ao a 1-e propee) ,Ne , n. 9e 1 I, 5fir/ =77FM c,.. Lj teJlwfMJ, _. /� wroo eeNK€o C C\ LAKE JOYCE ,..$2,0t470 / MI' : 7 vaOPNRmorACH CITY jjj"' �.e I V,RGiMA BEACH COG" .NE AE g m GPIN 15)LALL2438 T� _ vlell r �25'SiflIPNO __ ��_ 'TI • OWN OW GO _� ______ ____ ._�'+»�IrM63e-Y21�rOrNRFOLK — — o �� 1 Efr eLol Cx , , 6 N N61'-47 50"E cri \4•� xe• _rNe l, ex eK 3fi 22 sr_f a+.. s ) 1 . I V I 53 /3. `� I 1 I. . L. 77 � \ onesioevefl . '.. '1'3'2\ J.- xa to CHAIN ` t\ 29 l NA vm s f., 53n49' 2� I1` \ , R=SO' aw N61'-4T-50'E R. Qu53553 SO 4 13.65'1 {� o uwua DOCKErvc�¢nAexi=a.rm p•' fl2 V. w e7i TOTAL fENG.H OF roWEN au.weAower_ss-K 537 FEET 359.52' E,o Al..,e.,OIHOF 0004eUe.1�`O DDcS-S:r BATTERY tz'l ROAD o�N YVILLE ROAD— F FENCE. 33 e ! oDIST..CE„META.PENCE E.CNwC.E„305i5el (UNSHADED/AREA DETERMINED to BE OUISJOE 0 2%ANNUAL CHANCE CtOODAL AMA AA SHOWN I E I DA1ANCe•.cHALN..N.FENCE eNCNo.c.ESm..Er OA NATroku.FLOOD INSURANCE PROGPAM MAP tali IKE CM o. JN IE41PuE OF Mem-IRVIRGINIA SEACM NA E➢ e 7.415 SUR/EY WAS PREPARED A ir Hall THE 5AN3FIT OF A TITLE REPOAT ANC WA OR MAY PHYSICAL SURVEY EA,E=TING =ROPER..SHOWN HEALON OF LOT 10, SUBDIVISION NO. 2 OF BAY LAKE PINES AND RE-SUBDIVISION OF PARCEL "C” OF SUBDIVISION NO. 1 - BAY LAKE PINES FOR MEGGIN CHAVEZ AND PAUL CHAVEZ VIRGINIA BEACH, VIRGINIA SCALE 1'=25 MAY 2207 JOHN E. SIRINE AND ASSOCIATES, LTD. SJRVEYORS ENGINEERS P'_ANNERS V'Rc NIA BEACH JIRGtd4 ,u Se Fm B 2-555 c c N.., L. 5o O ce +1 ..1.1 '-, . tilli , I. \.• ahAtillAi; : . .\11111 : 11(01, 4 s .,� \41$44\0\1 1 0, - ee ' F�c • * `O Ro &'‘ l' /** - ‘ift': lk '.; iii ry LOCATION MAP ENCROACHMENT REQUEST LegendCity Property ''' egTlF, PAUL DAVFOR ID CHAVEZ © �a,�- 4229 BATTERY ROAD 1419-992840 +`r i • GPIN 1479-99-2840 a Feet Note: This property is not located c in AICUZ Noise Zone . 0 100 200 400 Prepared by PW:Org'EN S.M.,'Serv•cee Bureau 10/4/2017 X CADO,ProposkARC Fees'AGENOA MAPSBaOery Rd11479•99.2840 • ♦ '. ` - Com >< , ' . -��v ":4*,. 'L4W :r Q ; � ' � . =Q� �. F dr 5 *-- 41/14, " , ,- ' ( RSI '_i w:. _' .;. \\7, or '*411‘' A. 0 , ., /c . \-------1: `._ �y 4 y Vii- '�{, _ 41..j. -7 li .`� ty��. r . - �' l4 1, \ . _'. „, .. ' ,94. *.•1.,, ,,.. '441'0, *44).,,A1 .91i0k* '..•1 r 41 N.V0i, '4;6/ 444,..?„,,,,,,.' .T":> ilf kk7. 4:... .4.4 ilitiiiiiti, Iticb. se44i, ...\ . ;: e 117. , ,. . /� � Y .a 41'1, p TIO).:11k.... LOCATION MAPs`* �'�^ •r ENCROACHMENT REQUEST Legend ' rjor i. rr. FOR City ProPerty 0? ie .'VC �� F PAUL DAVID CHAVEZ 1479-99-2840 °I x"-. 4229 BATTERY ROAD GPIN 1479-99-2840 jB / N0 "4** .L - •' S _.1i i k t° Feet • r h 0 100 200 400 Prepared by P W.Eng/Eng SupBM Servoes Bureau 10/4.7017 x'.CAOG,PrgectiARC Fres•ACENOA MAPS'BMery Rd11479.99.2840 4229 Battery Road, Virginia Beach, Virginia Paul David Chavez Portion of Cement around pool, a planter boxes, metal fence and - dock • _1 ar , 4f ll ,_ ,..ir _. . , ___ _ 461 ,if ,..nie . X 1 ,�e Steps, planter ` '� boxes, decking , ....--Z4 L , , -. • 0,...- _ Portion of Cement around ,/it ,} prat. _y Metal Fence along bulkhead, 40R it pool, planter w. -- vinyl fence along side yard boxes, steps, chain link fence. `1r • W ^i q, 11* ` , ,1 . Yomr, �`t-..a, � - ti t ; .. ( 2 r, p. ti ,„..., ,,,,, •____ ..,,, . ' ,...--../:(...,t, , • _ ..._, ,•,_ .,„, , _, . Metal fencing and wooden dock - ''' - !!1 \1\'401111111 1111111.; i „T,; 1/1111 i' it fe 1 4 •WIV �0 �j It:4 ) Metal fencing and wooden bulkhead F��// ,...wow •. U' 4229 Battery Road,Virginia Beach, Virginia Paul David Chavez • . •-,.7.-)... - ' b 4 •k DO A , - ..., ”A r.,• 31;‘,N ,h "‘Iiiiiiiirry174,7'IIIII7-- s �= ., 4- . '10, 84Frmirsomkermia -,- Examples of nearby similar encroachments d} f � '.Y• B 11/4B Virginia Beach APPLICANT'S NAME ?AUL bA'' D CAAVEZ 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 EOR ary USEONLY La I ,I . , it L, Mrd : . i Page I of 7 .S „II , ( II( nit t Ili.I rt in I i apbca, , ,.. APPLICANT NOTIFIED OF HEARING JAfL. JC q qq WOqMs o NO CHANGES AS OF 10101117-ni PeAE•9,„l/CP n REVISIONS SUBMIT TED JPTI. SEP 0 8 1017 4S4L E8, Vi3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: IHV I- >13UI O C bIB\./EZ 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 footnotesI 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 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) 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. "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 5 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE [PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return n 17 I Architect/Landscape Architect / I 1 Land Planner ❑ Contract Purchaser(if other than Fr the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Erpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 1-71 Construction Contractors Engineers /Surveyors/Agents Financing (include current 6 1- T- Mr mortgage holders and lenders LJ selected or being considered to 146,4y I f��e r(A1 �, provide financing for acquisition or construction of the property) • 1-71- I 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 ❑ E- 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 VI3 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. APPY NT'S SIGNATURE PRINT NAME DA E Page 5 of 7 OWNER Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if needed) ❑ 7' Accounting and/or preparer of your tax return Q Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 1-71 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ D purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors I I Engineers /Surveyors/Agents Financing (include current 13 j- mortgage holders and lenders Iselected or being considered top�„4y j 4 j u C, u , provide financing for acquisition w or construction of the property) Legal Services Real Estate Brokers / /r 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 ❑ r—� an interest in the subject land or any proposed development I I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �,s r VR RTY OWNE IGNATll RE PRINT NAME DATE Page 7 of 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 6th day of September, 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAUL DAVID CHAVEZ, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 10, Bay Lakes Pines Subdivision"; as shown on that certain plat entitled: "Subdivision No. 2 of Bay Lake Pines Princess Anne Co. VA. and Re-Subdivision of Parcel "C" of Subdivision No. 1-Bay Lake Pines", dated December 1954, Scale,1"=100' and prepared by JNO. M. Baldwin, C. E.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 38, at page 21, and being further designated, known, and described as 4229 Battery Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing wooden bulkhead (154.8' long), a wooden dock (19.2' x 12'), a 48' metal fence (173.1' long), a 42" metal fence, a 42" chain link fence (23.5' long), two planter boxes, a portion of a wooden deck and steps, and a portion of a concrete patio, (collectively the "Temporary Encroachment") within the City's property; and GPIN: 1570-80-2438; CITY PROPERTY (Lake Joyce/25' Strip of Land) GPIN: 1479-99-2840; 4229 Battery Road, Virginia Beach, VA 23455 WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and a 25' strip of City property around the Lake Joyce the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. WHEREAS, the Grantee agrees to preserve and protect the trees located on City property at the northwest corner of the site during any maintenance or renovation of these encroachments, and further should any trees need to be removed that the City of Virginia Beach, Parks and Recreation, Landscaping Division be notified, and mitigation of 3:1 tree planting will be required. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "PHYSICAL SURVEY OF LOT 10, SUBDIVISION NO. 2 OF BAY LAKE PINES AND RE-SUBDIVISION OF PARCEL "C" OF SUBDIVISION NO. 1-BAY LAKES PINES FOR MEGGIN CHAVEZ AND PAUL CHAVEZ," dated May 2, 2017 and prepared by John E. Sirine and Associates, LTD., a copy of 2 which is attached hereto as "Exhibit A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall preserve and protect the trees located on City property at the northwest corner of the site during any maintenance or renovation of the Temporary Encroachment, and further should any trees need to be removed that the City of Virginia Beach, Parks and Recreation, Landscaping Division be notified, and Grantee shall replace three trees for every one tree removed. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorneys fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the 3 maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Paul David Chavez, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201 , by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By __67C �: aul Davi avez, Owner STATE OF CITY/COUNTY OF , j/M/ :. , to-wit: �y The foregoing instrument was acknowledged before me this day of %s " i , 2017 by •PaLIL Vkrbd 6YZafre_2__ LAURA ANN MOORS C/ NOTARY PUBLIC (SEAL) REG. #7534510 otary Public COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES NOV.30.2020-7 Notary Registration Number: / 5 '7/.6"/o My Commission Expires: ///3%2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM A1s'. a A ' E , "''MEYER, ASS•CIA E CITY ATTORNEY /0///7 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/DIVISION 7 "EXHIBIT A" tosiiitos,ve klt,Avni Oy,kiz, Thistocertify:Rat MAY] 20 ] --1,t4= _ Y iM properly snows on IPis plat. dm lm tte Imesa n Its of the buildings as show MAIL : ID 0 ngs stand lioy wimis. thetitle vie_ and m It encro r�esl$ I ower.buildings or.me progeny, r sE rT except 85 shown ..} �, �[� signed � �L1IL,C�/_— _.. ///��- e ri LAKE JOYCE / / \o Q rnPROPERTY OF CITY OF E oE,w 5oSIM.= Y M P VIIN 1570BEA4M FE GPIN'S]0862136 ONC ©not 9W,zaxE x -c ^ '® E 1111: �— _�T❑ 25'STRIP �_ IOk'NEO B OFORMERLY i _yllMB,36, ' 3)�OF NORFOLK }` l__ m�'_`� at __ IS E!gaol ❑A � 53 p 1 kt _ lc " N61'-sr 5C F • �I �"tfiexn • �� ., 111 10 ��pP 0 ONEB. myc0 SORY BRrCA a:;...z.... ,Cl, �.\�• a iaS39 rN te _11 LINA 4 1 11 9 `M r �FF . 3 1` Ey'c Mb PoPCN a 2 .E.4e„'c\%` pp• Wny. .I 3 }� >.$. A .. 6 53 49'' PIN II R--50 N61'-4T-50'E 4 0 13.65' E,.,.1xxx°OCR ExeRO.EMRExF.,,T FEET P.„can R .,. 1 N...;. T OF 0 e❑lrow LENGTH OF wmttxeounEO EAST OF OGGUMI v[Et afid PIN 3A9.62' prow BATTERY rs6'I ROAD ROADe ©To a LENGTH OF 4E.FTM PENCE.17F I FEET ROAD—TMCL 42 METS FENCE ENCPOACRES•to 4 FEET PROPERTY APPEARS TO F41 MOWN ZONE OO. MU"S„AD€O?IIWSAOtW_RM O TO EE OUTSIDE 00IE ucE•2 CHAIN INA FENCE ENcao.cxE_».FEETAL I.AS SHOWmow/CS PROGRAMN FOR 1HE DATED JAN RAF I MAP NUMBER 51swains,BECK G PHYSICAL SURVEY TITLE AFFECTING OF PROPEary SHOWN HEREON LOT 10, SUBDIVISION NO.2 OF BAY LAKE PINES AND • 1 RE-SUBDIVISION OF PARCEL "C"OF SUBDIVISION NO. 1 - BAY LAKE PINES FOR ,,B3.“,.;,) MEGGIN CHAVEZ AND PAUL CHAVEZ VIRGINIA BEACH, VIRGINIA SCALE n'=25' MAY2.2017 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS ENGINEERS PLANNERS • VIRGINIA BEACH VIRGINIA .OBE 459 F g 677F 53 VB 29555 P[ .. IA't 1s: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Cash Payment In Lieu of Park Reservation and to Appropriate Funds to CIP #4-500, Park Playground Renovations III MEETING DATE: October 17, 2017 • Background: The Vineyard Subdivision is a proposed residential subdivision of 18 dwelling lots on a 4.5 acre parcel of land at 3312 Darn Neck Road, zoned R-5D Residential District. It is a relatively small single-family residential infill subdivision that is insufficient to require a large park dedication. City Council adopted a policy in 1995 (attached) to allow for cash payments in lieu of park reservations, particularly when park land dedications would be less than one acre in size. The proposed development would yield a park dedication of only .27 acres, significantly less than the 1 to 5 acre minimum size preferred for a neighborhood park. In this particular case, both staff and the developer agree that providing a partial homeowners' association (HOA) open space dedication and a partial cash payment in lieu of park reservation is the most appropriate option for addressing the subdivision's recreational impact. The payment would be appropriated toward improving a City park property in the same planning district. • Considerations: Representatives of the Vineyard Subdivision have agreed to a cash payment in accordance with the above-referenced City Council policy. The amount of the payment is based on the .27 acre dedication requirement of the subdivision, minus 5,972 square feet of open space provided by the HOA and 5,752 square feet remaining requirement multiplied by the assessed value per square foot of the entire site($3.47), as determined by the Real Estate Assessor. The dedication requirement for the remaining 5,752 square feet x $3.47 = $19,959 cash payment in lieu of park reservation. • Alternatives: There are four options for addressing recreational/open space requirements for residential subdivisions that have appropriate zoning: park/open space reservation; park/open space deeded to HOA; park/open space dedication; or a cash payment in lieu of park reservation. City Council may require the developer of the Vineyards Subdivision to reserve, dedicate or deed to the HOA the total parkland/open space requirement instead of making the cash payment. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Location Map of the Vineyards Subdivision, City Council Policy on Cash Payment in Lieu of Park Reservation Recommended Action: Approval Submitting Depar ens . •en : Department of Parks and Recreation City Manager: / • -4 , _ t-7 1 AN ORDINANCE TO ACCEPT A CASH PAYMENT IN 2 LIEU OF PARK RESERVATION AND TO 3 APPROPRIATE FUNDS TO CIP # 4-500, PARK 4 PLAYGROUND RENOVATIONS III 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 (1) $19,959 is hereby accepted in lieu of a park reservation from the Vineyard 10 Subdivision development; and 11 12 (2) $19,959 is hereby appropriated, with local revenue increased accordingly, to 13 CIP # 4-500, Park Playground Renovations III. 14 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires the affirmative vote of a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 a1j,,J) David Bradley Erana_thineyer Budget and Management Services City Attorney's Office CA14162 R-1 October 2, 2017 LOCATION MAP .5., o;- t s (._\-- j‘' `c,,, .)r SwV ‘�-1 ) t 41 1--:---)sr , � s ` t� ` \ ft'l t 1. � U Q % eo • gist .ttl,y n-*i.,>, 'P ��lia4 * r i li ' . '' '' .i;= A AgO6 \ 7:,,- 3 ci<SE-R 5"'- -'lir • Ilk • . ,.. . IIINIU 1 q. � ' itis l•�y�T> `' a •17______2______,Z______\ --zr S0 CELT O t?N. go- 4 0�• ►ir;,;�:+;%) =1111p % p Site Location tilt 1 •-•:-..):4-.1.-i'-‘, ''''''''''''' ,,,,, , 4,47, 01.-"- ------,' Hdvan ech .t .. "\ 0\' CJ�,AO .`.'' �� 4401111P' rad• • cl P� g Qui Ci. - ,•• ,••newt,.a� :\A � Y -. ,' yG • ... ;, Rr i0 ` Land • High ‘•44.4,,:\\ o1-.,;./e/ . � f . ' s • � IJ a ,7 • .1� �,• ��p0 11 p ?cy p �� ____17---/ . ♦ ♦ `+�� t/LCJ •�J G� \Ir •��= �' 7 DS627 i i ri 1..I .4;,;.).. oxo✓�� „ 6 t� ' O '"t V rDJ�bl. ..�gi�jpp ` '` ,144:,..n r l , ''' '' Q.t~ 1.14P1 •.fe �� •� !�" Awa ,�� .r�'*j n? r �,+7• �O`7 1O� ,`pG041A.BpgC,ii,4 Intl: 1.,:reRee et &B_A` 1. i a City CouncilPolicy kt. Title: Cash Payment in Lieu of Park Reservation Index Number: 3.01 Date of Adoption: Date of Revision: Page 1 of 2 1.0 Purpose and Need for Policies and Procedures Section 4.5 of the Subdivision Ordinance, Public Sites and Open Spaces, has been used as the tool to acquire neighborhood parks and open space in developing areas. Section 4.5 is also a tool for acquiring sensitive environmental land. It requires the developer to reserve a parcel of land for open space and recreational purposes according to a formula based on lot size. The City has the option of purchasing this reserved land within five years at current market value. The following alternatives to reservation are currently available in the Subdivision Ordinance: Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement specified in the Subdivision Ordinance. Other Arrangements: Other mutually agreeable arrangements approved by City Council which could include a cash payment. Homeowners'Association: Establish a homeowners'association which would own the property and would constitute an equivalent recreational amenity. As noted,Section 4.5 of the Subdivision Ordinance allows for cash payments as an alternative to reservations. Cash payments in lieu of a reservation or dedication is desirable when the dedication requirement is small (less .. than one acrel or due to an analysis of existing open space/recreation amenities in relation to standards based on population, it is determined that additional land is not needed. This policy is needed to clarify the process and value for determining cash payments to ensure a consistent and equitable approach for cash payments. This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the cash payments are to be designated for improvements within the planning area of the developing subdivision. 2.0 Policy Cash payments are recommended as an acceptable alternative to dedication of open space area when the dedication requirement is such that the resulting park space would not be a useful amenity based on statistical criteria and standards used for acquisition of park space (generally less than one acrel. All cash in lieu of payments are to be determined by the City Real Estate Assessor and based on the dedication requirement multiplied by the assessed land value. In the case where a property has a current land value and market value due to land use taxation for qualifying farm and reforested property, the market value will be used to determine the cash payment. Cash payments will be due upon approval by City Council unless other arrangements are approved by City Council. 3.0 Procedure to Accomplish Policy Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the Subdivision Ordinance. The procedures and policies are in place to determine the reservation or dedication requirement. The assessed value of propenies is determined by the City Assessor's Office. 4.0 Responsiblgty and Authority The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments. Representatives from the Department of Parks and Recreation,Public Works/Real Estate,City Assessors Office, Department of Planning, and the City Attorney's Office will review cash in lieu of payments. The City Assessor's Office will determine the assessed land value. The Director of Parks and Recreation will review the proposal for cash in lieu dedication/reservation against the City's Outdoors Plan and attach a signed finding of conformity/compliance with the Plan. 5.0 Definitions Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is one half of the reservation requirement. Assessed Value: Current monetary value of the property as determined by the City Assessor's Office. 6.b Specific Requirements All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision Ordinance. Staff will provide statistical analysis, appraisal information, calculation of the cash payment, and agreement from the developer. A cash in lieu of form and agreement will be used in this process(see attached). These items are to be included in the Agenda Request for approval of the cash payment. Approved asAzttenc a /96-- ip Content: Director/Administrator Date Approved as to Legal Sufficiency: r/40 / � " /V/ 42 City Attorney Ty DSte • * 1L Fe6QAA 1A2J ' j' 9 Reviewed by: S, C .nager Date APPROVED B &, ) 9� CITY COUNCIL: 0 raj aJ,.(J1fed Maya o rDate -'' LI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $50,000 from the General Fund Reserve for Contingency and to Provide a Grant to the Virginia Beach Volunteer Rescue Squad Inc. for the Purchase of a New Ambulance MEETING DATE: October 17, 2017 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. The City of Virginia Beach provides insurance coverage for rescue squad ambulances. This covers repairs in the event of a collision as well as liability coverage. Unfortunately, the coverage does not include replacement when the vehicle is deemed to be beyond repair. This standard is similar to city-owned apparatus. Historically, when a rescue squad-owned ambulance has been totaled due to a crash or other incident, the rescue squad has maintained primary responsibility for replacement cost. The City has supplemented this effort with grants ranging from 20-50%of the replacement costs. Each instance has been handled on a case by case basis. On June 28, a Virginia Beach Volunteer Rescue Squad ambulance was destroyed by fire. The vehicle had an estimated value of $35,588. Prior to the fire, the squad had anticipated operating the ambulance until at least 2019. Total replacement is estimated at $250,000. The Volunteer Rescue Squad requests a $50,000 grant from the City of Virginia Beach to help cover the replacement costs. • Considerations: The individual rescue squads integrate ambulance purchases/loan payments into their operating budgets. While the squads have consistently been able to pay their vehicle bills, contingency funds for unplanned replacements are limited. Replacing the ambulance two years earlier than anticipated will negatively impact the budget and debt load for the squad. Delaying procurement of a replacement places a burden on remaining apparatus and increases the City's ongoing fleet maintenance costs. The funding for the proposed grant ($50,000) is available in the General Fund Reserve for Contingencies. If this request is approved,the remaining balance in the General Fund Reserve for Contingencies will be $626,570. • Public Information: Information will be disseminated through the regular Council agenda notification process. This request was briefed at the Council Informal Session on October 3, 2017 and rebroadcast on VBTV. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement Recommended Action: Approval Submitting De. . - . e : -ncy: Department of Emergency Medical Service f✓L-- City Manager: 1 AN ORDINANCE TO TRANSFER $50,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCY AND TO 3 PROVIDE A GRANT TO THE VIRGINIA BEACH 4 VOLUNTEER RESCUE SQUAD INC. FOR THE PURCHASE 5 OF A NEW AMBULANCE 6 7 WHEREAS, the Virginia Beach Volunteer Rescue Squad has requested a grant to 8 purchase a replacement ambulance with required equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That a $50,000 grant is hereby transferred from the General Fund Reserve 14 for Contingencies to the Operating Budget of the Department of Emergency 15 Medical Services; and 16 17 2. That a grant of$50,000 to the Virginia Beach Volunteer Rescue Squad Inc. is 18 hereby authorized, which is intended to assist in the purchase of a replacement 19 ambulance. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana ar eyer Department of Budget and City Attorneys Office Management Services CA14168 R-1 October 5, 2017 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: VA Beach Volunteer Rescue Squad SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use sead)itionalsheets if nD t.71 Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) _ 1F1 Legal Services n1 Broker/Contractor/Engineer/Other I 1 Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. /r Bradford F. Sauer, Treasurer 10/05/17 PLICA SIGNA RE PRINT NAME DATE `t .....e., [ 40-9:93:2, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $125,000 from the Virginia Tourism Authority to the Economic Development Department and to Authorize a Grant of $125,000 to the Virginia Sports Hall of Fame MEETING DATE: October 17, 2017 • Background: The Virginia Sports Hall of Fame (VSHF) Board of Directors has voted to move its operations from the City of Portsmouth to the City of Virginia Beach. The offices of the VSHF will locate in approximately 2,000 square feet of space at 249 Central Park Avenue in the Virginia Beach Town Center. The VSHF has modified its mission and will no longer operate as a museum and will reinvent its business model to be more of an interactive and digital experience. The new experiences will include the "Walk the Hall," a free pedestrian tour in Town Center, frequent public programs and a full integration of the VSHF into the fabric of the Central Business District through signage, a mobile application, and lobby displays. The Central Business District Association has expressed support of having the VSHF as a part of the Central Business District. • Considerations: The$125,000 grant has been appropriated by the State through the Virginia Tourism Authority to the City of Virginia Beach. This grant will assist the VSHF in relocating their operations from Portsmouth to Virginia Beach. The funding for this project will be appropriated to the Economic Development Department and then issued as a grant to the VSHF. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting De.artm: • Agency: Economic Development ►.9j City Manage �` 1 AN ORDINANCE TO APPROPRIATE $125,000 FROM 2 THE VIRGINIA TOURISM AUTHORITY TO THE 3 ECONOMIC DEVELOPMENT DEPARTMENT AND TO 4 AUTHORIZE A GRANT OF $125,000 TO THE VIRGINIA 5 SPORTS HALL OF FAME 6 7 WHEREAS, the 2017 Appropriations Act, Item 129(F)(1), included $125,000 from 8 the Virginia Tourism Authority to the City of Virginia Beach for a "regional tourism entity;" 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1) $125,000 is hereby accepted from the Virginia Tourism Authority and 14 appropriated, with state revenue increased accordingly, to the FY2017-18 15 Operating Budget of the Department of Economic Development; and 16 17 2) A grant of$125,000 is hereby authorized for the Virginia Sports Hall of Fame 18 in furtherance of the Hall of Fame's efforts to promote tourism in the Hampton 19 Roads Region. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A Ch 7 David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA14167 R-1 October 4, 2017 DISCLOSURE STATEMENT FORM 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial . institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANTPDISCLOSURE Organization name: ylkyNin Slid ill o L SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets If needed) ri 1' Accounting and/or preparer of � your tax return Financial Services (Include Q� (( lending/banking Institutions and current mortgage holders as applicable) I3/4cif, Legal Services Broker/Contractor/Engineer/Other QS Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. . I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4 E Ow 1q 7 APPLICANT'S SIGNATURE _ PRINT NAME D T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,598 in the Fire Department Gift Fund to Purchase Grills for Fire Stations 8 and 19 MEETING DATE: October 17, 2017 • Background: The City has a Fire Gift Fund to provide a receiving account for individuals to donate money to the Fire Department. The money is deposited into the gift fund and tracked by the department to ensure it is expended for the purpose for which it was donated. Between December 2012 and September 2017, $937 has been donated to Fire Stations 8 and 19 and designated for those fire stations to use the funds as they deem appropriate. In addition, the Fire Department's Gift Fund currently has over $13,000 in donations that were not designated for specific stations but as general donations for the Fire Department's use. • Considerations: State law requires an appropriation prior to the spending of these funds. This request is consistent with previous authorizations of gift funds. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D, • : ment/Agency: Fire Department / 1 City Manage 1 AN ORDINANCE TO APPROPRIATE $1,598 IN THE 2 FIRE DEPARTMENT GIFT FUND TO PURCHASE 3 GRILLS FOR FIRE STATIONS 8 AND 19 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That$1,598 is hereby appropriated, with revenues increased accordingly, from the 9 Fire Department Gift Fund to the Fire Department's FY 2017-18 Operating Budget for the 10 purchase of a grill for Fire Station 8 and a grill for Fire Station 19. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley 1` 1 Dana Harmeyer / ) Budget and Management Services City Attorney's Office CA14165 R-1 October 4, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Special Revenue Fund to Upgrade Crime Scene Technology and Purchase Replacement Police Canines MEETING DATE: October 17, 2017 • Background: The Police Department requests the use of $55,800 from the fund balance of the Police Federal/State Seized Assets Special Revenue Fund to upgrade crime scene technology and replace police canines. • Upgrade the 3D crime scene laser scanner to most current capabilities ($23,000) • Replace up to four police canines due to service retirement or medical issues ($32,800) • Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. • Public Information: Public information would be made available through the normal Council Agenda process. • Recommendation: It is recommended that $55,800 be appropriated from the Police Federal/State Seized Assets Special Revenue Fund to purchase these items. ■ Attachments: Ordinance Recommended Action: Approval Submitting Dep. t/ :en : Police Department °l. City Manager: 1 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL AND STATE SEIZED ASSETS 3 SPECIAL REVENUE FUND TO PURCHASE TECHNOLOGY 4 AND CANINES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $55,800 is hereby appropriated, with revenues increased accordingly, from 10 the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund 11 to the Operating Budget of the Police Department to upgrade crime scene technology 12 and to purchase replacement canines. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA14163 R-1 October 2, 2017 K. PLANNING 1. WAVE CHURCH for Modification of Conditions re a development of a turf field and picnic shelter at 1000 North Great Neck Road(last modified August 14,2015) DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. EVERGREEN VIRGINIA, LLC at 3033,3025,3001 &2981 Virginia Beach Boulevard DISTRICT 6—BEACH a. Modification of Conditions to expand an existing sales and service building (last modified February 22, 2000) b. Conditional Use Permit to add car wash RECOMMENDATION: APPROVAL 3. METAMORPHOSIS SALON AND SPA and E T ENTERPRISES,LLC for a Conditional Use Permit re a tattoo parlor,body piercing at 624 Independence Blvd,Suite 102 DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. ALAN ZINKE for a Conditional Use Permit re a home occupation-firearms sales at 2252 Creeks Edge Drive DISTRICT 5—LYNNHAVEN STAFF RECOMMENDATION: APPROVAL PLANNING COMMISSION RECOMMENDATION: DENIAL 5. HOLLAND SOUTH INVESTMENTS, LLC for a Conditional Change of Zoning from B-IA Limited Business to Conditional B-2 Community Business at 3420 Holland Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 6. OANH DANG and HOLLAND SOUTH INVESTMENTS,LLC for a Conditional Use Permit re a tattoo parlor and body piercing at 3420 Holland Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 7. ATLANTIC WILDFOWL HERITAGE MUSEUM and THE CITY OF VIRGINIA BEACH for a Conditional Use Permit re an open air market at 1113 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. EYE CANDY LASH BOUTIQUE and HOLLAND PLAZA SHOPPING CENTER, LLC for a Conditional Use Permit re a tattoo parlor at 4322 Holland Plaza DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 9. SHYAN J.and JEREMEY RYAN CSTALOS for a Conditional Use Permit re a family day-care home at 1921 Perrel Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 10. 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(Deferred September 19,2017) DISTRICT 3—ROSE HALL ft NOTICE OF PUBLICE HEARING The regular meeting of the City Council N the Cl)of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach, Virginia,on TueMry.October 17.2017 at 6W p.m.,at which time the following applications will be heard: DISTRICT 4-BA'?SI E Metamorphosis Salon and Spa/E 7 Enterprises, LLC Con0Mona1 Use Permit(Tattoo Parol)624 Independence Blvd, Suite 102 (SPIN 1477499345) DISTRICT 3-ROSE HALL Evergreen Vvgnia,LIC Conditional I(ve Permit (Car Wash Facility) Modification of rond16on5 3033,3025.3001&2981 Virginia Beach Blvd (GPINs 1497158417,1497250372, 1497252343.1497253405) DISTRICT5-LYNNHAVEN Wave Church Modification Of Conditions of a Use Permit approved 10/14/2003. 1000 N Great Neck Road(GPIN 24081377691 DISTRICT5-LYNNHAVEN Alan Zinke CondittOnal Use Permit (Home Occupation - Retail Sales (Firearms)) 2252 Creeks Edge Drive(GPIN 14994859751 DISTRICT 3-ROSE HALL Holland South Investments. LLC 012r2MQp91 Rezoning(B'SA Limited Community Business 10 Conditional B-2 Community Business) 3420 Holland Road(GRIN 1486823088) DISTRICT3-ROSE HALL Cann Dang/Holland South Investments, LLC conditional Use Permit lMattoo Parlor & Body Piercing Establishment) 3420 Holland Road (GPIN 1486823088) SIThCT 6-BEACH Atlantic Wildfowl Heritage Museum/City of Virginia Beach Conditional Use Permit(Open Air Market) 1113 AtlanticA enue (GPINs 2427255317.2427255322) DISTRICT 3-ROSE HALL Eye Candy Lash Boutique/Holland Plaza Shopping Center. LLC Conditional Use Permit (Tattoo Parlor) 4322 Holland Plaza Shopping Center(GPIN 1476975253) DISTRICT 4-BINSICE Shyan Csatlos/3Man 1 Csatlos and leremey Ryan OstalOs rondiOnal lice Per (Family Day- Care Home) 1921 Perrel Street (GPIN 1479160746) DISTRICT 3-ROSE 141 SXCW Properties ll, LLC/Fulton Bank, NF, Conditional Use Permit(Car Wash&Automobile Service Station) 3264 Holland Road (GPIN 1495093490( All inter ed ad are invited to attend. Ruth H ser.MMC City Cie Copies Of the proposed ordinances, resolutions and amendments are on tile and may be examined in the Department of Planning or online at Idtp✓/www.roeo.-Comroc. For information call 3854621. If you are physically disabled or visually impelred and Cped assistance at this meeting,please call fire CITY LERKS OFFICE at 38&4 : Hearing impaired call 711 rvirginle Relay-Telephone Device for the Deal). BEACON: OCTOBER 1&B.2017-111ME EACH. 38- Item V-K.4. PLANNING ITEM#51801 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinance upon application of VIRGINIA BEACH CHRISTIAN LIFE CENTER for a Conditional Use Permit ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CHRISTIAN LIFE CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH 80100331135 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon Application of Virginia Beach Christian Life Center for a Conditional Use Permit for a church on property located at the northeast intersection ofNorth Great Neck Road and Old Donation Parkway(GPINS 2408135699, 2408243047, 2408232865) DISTRICT 5—LYNNHAVEN The following conditions shall be required l The site shall be developed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Conditional Use Permit Exhibit", prepared by Tymoff&Moss Architects and NDI, LLC Basgier and Associates Division,dated May 6,2003,and revised August 22, 2003 Said plans have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning The applicant shall install a right-turn lane from Great Neck Road as part of the Phase 2 improvements 2 The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff& Moss Architects, dated July 8, 2003 Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning 3 The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields The location of the sidewalks shall be determined during detailed site plan review of each phase of the project 4 The applicant shall submit a tree preservation/restoration plan with the development of Phase II Recreational Fields and install Category IV landscaping, where needed, within the proposed twentyfoot buffer along the southern boundary of the site adjacent to the Michael's Glenn and Great Neck Pines residential neighborhoods and the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property October 14, 2003 - 39- Item V-K.4. PLANNING ITEM#51801 (Continued) 5 The applicant shallsubmitaphotometrm lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED)principles and practices All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets Lighting should be directed down at the ground and not horizontally or up in the air 6 The recreational fields shall be gated from sundown to sunrise There shall be no lighting of the recreational fields There shall be no roadway installed along the edge of the recreational fields The recreational fields shall not be used for overflow parking for any events associated with the church 7 The existing stormwater management facility shall be cleared of trash and debris during the Phase 1 construction, and Category 1 screening shall be installed on the top of bank, on the western side of the facility before a Certificate of Occupancy is approved for the addition 8 The church shall install trash receptacles throughout the parking lots There shall be one trash receptacle for every 3,500 square feet of parking area This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia,on the Fourteenth of October, Two Thousand Three Voting 10-0(By Consent) Council Members Voting Aye Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, RichardA Maddox,Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva and James L Wood Council Members Voting Nay None Council Members Absent Rosemary Wilson October 14, 2003 �� ! / o h \. �1 1 ,f \'\ iiii Je nu„ 0 r Lc/ L---�7 -S -\L` Jr Li t+ t .... 0 of ( t . ' L t� t t 11 �Ce CI e tipf, 11VA' , tII ia,*♦ , r �, 1 r'' l ,' f , , iairsiti,, \ \ se I 811 1 1 LI \ \ _14 . ,. _, i , )', u _,E---L • ill ki., ,,,,,\' ' Nii.:-/-', /„/-s----- :4- :_.___:,),:ii-...7,-„, ,, ,..., : . _ _ 'rw- ---(;) a ' lig , ,, 0 I, al ( 1 1 .P \ C 1 cwt IX ' iir i/ \\iik ; . 8 ___ Jii, is,) i, — ..• /i /I i,„1„,,,, gis (( dr p J i„i ii i A `� iii Ai. ' in-z 1 „ , , ci....L....„,L /1 // kh. o 611 1 iI , ff ti CD , r-----.-:--__= I-.,;-,-Nt is (4,4.p. yr 1 Il temilei illit 11111 ''',--..,::. I' - 0 ,”,11.-C=' // k I 1H \. /- - El- -- 1 t .1 Ottlin O d :9/.J 4r i r. c r;- , Q Ce li In „...-. •. l'LA l -a JI tc0 CO �- I�J I O -1 hi )1111\-- )llp iti/ip '44 ? � _Rim 1, 1;r , i� tI js � 1O ice, iiiiiiii ii 7r-ii.I:r iii ,/ 1 ezpliazilbl,fit , i 0 ele 0 \ , Ill g -W, , jN`'' 0 li1 d 1 I .-,r 1 71 i , [ ,..r".4c‘,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAVE CHURCH [Applicant & Property Owner] Modification of Conditions (Religious Use) 1000 N. Great Neck Road (GPIN 2408137769). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: October 17, 2017 is Background: A Conditional Use Permit for a Religious Use was originally approved for the site in 2003, and was subsequently modified in 2009 and 2015. Condition 1 requires that the site be developed in substantial conformance with the approved master plan. The applicant is proposing to revise a portion of that master plan that would allow a section in the rear of the site to be developed with an 8,100 square-foot artificial turf field and a 2,400 square-foot picnic shelter. No exterior lighting is proposed in association with the field or shelter. is Considerations: The applicant has indicated that both the shelter and the field will be available for general neighborhood use upon request. A condition is recommended to limit the hours of operation of the field and of the picnic shelter to between 8:00 a.m. and 10:00 p.m. daily, in order to minimize impacts to the nearby residents. The Planning Commission recommended an additional condition (Condition 12 below) to require street frontage landscaping along Great Neck Road. Further details pertaining to the application, 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 10-0, to recommend approval of this request. To ensure continuity from the original 2003 Conditional Use Permit through the subsequent modifications of that Use Permit, all of the original conditions and those of the modifications are listed below. The conditions applicable to the current application for the playfield and picnic shelter are in bold type (Condition 11). The Planning Commission added Condition 12 (underlined) to address the need for street frontage landscaping between Great Neck Road and the church parking lot. The applicant agreed to the addition of that condition. Wave Church Page 2 of 4 1. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff& Moss Architects, dated July 8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields. The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 3. At the time the site plan for development of the 'Recreational Fields' shown on the plan referenced by Condition 1 is submitted, the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping, where needed, within the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. 4. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 5. The 'Recreational Fields' shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise. There shall be no lighting of the recreational fields. There shall be no roadway installed along the edge of the recreational fields. The recreational fields shall not be used for overflow parking for any events associated with the church. 6. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction, and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. 7. The church shall install trash receptacles throughout the parking lots. There shall be one trash receptacle for every 3,500 square feet of parking area. 8. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009 by Wave Church Page 3 of 4 modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode(LED)sign. The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location, and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds. This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed. The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign, without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection. An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 9. Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church — Great Neck Road)," as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site until August 14, 2020. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. b. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. c. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. Wave Church Page 4 of 4 d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 10. Subject to the conditions below, an artificial turf field, picnic shelter, and associated landscape area may be installed at the location shown on the plan titled "WAVE CHURCH - Great Neck Road - Virginia Beach, Virginia - SITE PLAN," prepared by Tymoff & Moss Architects, dated June 26, 2008. a. Any additional use, beyond that allowed above, of the area shown as 'Recreational Area'on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled, "Playfield and Picnic Shelter for Wave Church, Great Neck Road," dated August 30, 2017. c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled "Foundation Plan, Elevations, and Notes, PICNIC SHELTER, WAVE CHURCH," dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields, there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m. and 8:00 a.m. 11. The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N. Great Neck Road where none currently exists. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. /I , Submitting Departm(\�\�,\.Fl�gency: Planning Department J , 1 � City Manager: Applicant Wave Church Agenda Item Property Owner Wave Church Public Hearing September 13, 2017 3 city„/ City Council Election District Lynn haven Virginia Beach R 10 R-10 `--i21D Request J R-1-- R-10 Modification of Conditions of a Conditional \ / R-1 r) ,R-15 �� Use Permit approved October 14, 2003. R-20N: Staff Recommendation Approval a/ .e NL//), �-- / R-20 A7, �/ � : Staff Planner � f Stephen White 0 ��I R-1.0 - - ral Location Old Donation soNL Donation °n4 1000 N. Great Neck Road �_ parkway `_ i G P I N R 0 _ — --•-�_ __ --- 24081377690000 I: R 7 j_______ __� �, +: e R-10 , R-10'. Site Size — �, y e Total Site: 27.5 acres [R-10 - Area of Modification: ±10,500 square feet , . AICUZ ii` ! 70-75 dB DNL 147 1 . Watershed _ r . Chesapeake Bay - _,� 1.3‘, Existing Land Use and Zoning District . r, - 46 •. "'; Church and associated facilities/ R-10 •.. _ d 7"-->. N Residential '.�% b. SurroundingLand Uses and ZoningDistricts tr. .• 'O'P'rkuy�y :,, (10 :.•? - North Cemetery/ R-10 Residential South Old Donation Parkway and Single-Family Residential/ R-10 Residential East Single-Family Residential/R-10 Residential West Great Neck Road and Single-Family Residential/ R-20 Residential Wave Church Agenda Item 3 Page 1 Background and Summary of Proposal • A Conditional Use Permit permitting a religious use (church) was approved by the City Council on October 14, 2003.The Use Permit has been modified twice since then: (1) a 'sign package'for the church was approved in 2009, and (2)the use of two portable classroom units was approved in 2015. • The original 2003 Conditional Use Permit has 8 conditions. Condition 1 requires that the site be developed in substantial conformance with the submitted master plan. The submitted master plan shows development of the church and its associated facilities and amenities. • A component of the master plan is the construction of recreation and athletic fields on the northeastern portion of the property. • The applicant is not currently prepared to construct the recreation and athletic fields; however, the applicant does currently desire to construct a picnic shelter and install an artificial turf playfield on approximately 10,000 square feet in the northwest corner of the area shown on the master plan for the athletic fields. • The proposed playfield will be 135 feet by 60 feet (8,100 square feet),with a surface treatment of artificial turf. • The proposed picnic shelter will be located at the eastern end of the playfield.The shelter will be 40 feet by 60 feet (2,400 square feet).The area around the playfield and picnic shelter will be landscaped, primarily with lawn grasses. • The applicant submitted photographs and architectural plans for the picnic shelter. The shelter will be of wood- frame construction,with a concrete slab foundation. • No exterior lighting is proposed for the area where the playfield and picnic shelter will be located. • In addition to the church's use,the playfield and picnic shelter will be available for general neighborhood use upon request. R 1 O ' �.,, R;10 -1`{2- .0 `. . x-:10:' , R 1Q --_- R-15, R-10 'R7 10 Zoning History 6: 11)L.).7,,.s � /,I/3-. �... # Request?R-YO �t� �� / 1 MOD(to allow modular classroom units)Approved 08/14/2015 v ///4:eco. a CUP(Reious UseChurch)Approved 10/14/2003 "cR°avi 2 R-2r V V a / u i .._- 2 _•_. "l rid= 0 " L. n 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 Wave Church 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. Evaluation and Recommendation The proposed construction of an 8,100-square foot artificial turf playfield and a 2,400-square foot picnic shelter is acceptable.The area where the proposed playfield and picnic shelter will be located is approximately 0.25 acres of the larger 6-acre area shown on the approved 2003 master plan for athletic fields and associated amenities.The playfield and picnic shelter will provide a small recreational area for the church,as well as the neighborhood upon request, until such time that the full athletic and recreational amenities in that area are developed. Approval of the requested modification is recommended subject to the conditions below. As is the case with the majority of Use Permits with conditions that are then subsequently modified in the future,there is always a potential for confusion due to a lack of continuity from the original Use Permit to future modifications.The conditions below, therefore,are an integration and consolidation of the conditions of the 2003 Use Permit,the 2009 and 2015 modifications,and the current modification request for the playfield and picnic shelter.The conditions applicable to the current application are in bold type. Recommended Conditions 1. The site shall be developed in accordance with the submitted plan titled"WAVE CHURCH;Great Neck Road;Virginia Beach, Virginia,SITE PLAN,'prepared by Tymoff&Moss Architects,dated June 26,2008.Said plan has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled"VIRGINIA BEACH CHRISTIAN LIFE CENTER,Virginia Beach,Virginia, Exterior Elevations",prepared by Tymoff&Moss Architects,dated July 8,2003.Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields.The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 4. At the time the site plan for development of the'Recreational Fields'shown on the plan referenced by Condition 1 is submitted,the applicant shall submit a tree preservation restoration plan,including the installation of Category IV landscaping,where needed,within the proposed twenty-foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. Wave Church Agenda Item 3 Page 3 S. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design(CPTED)principles and practices.All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets.Lighting should be directed down at the ground and not horizontally or up in the air. 6. The'Recreational Fields'shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise.There shall be no lighting of the recreational fields.There shall be no roadway installed along the edge of the recreational fields.The recreational fields shall not be used for overflow parking for any events associated with the church. 7. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction,and Category I screening shall be installed on the top of bank,on the western side of the facility,before a Certificate of Occupancy is approved for the addition. 8. The church shall install trash receptacles throughout the parking lots.There shall be one trash receptacle for every 3,500 square feet of parking area. 9. Signage on the site and building shall be in substantial conformance with the following conditions,as approved by the City Council on August 11,2009 by modification of the original October 14,2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode(LED)sign.The sign shall have no video playback capabilities nor have any audio capabilities.Said sign shall replace the existing sign at the same location, and shall be no higher than 8 feet.A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses,institutions,or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level(LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds.This shall not prohibit a single element on any static image from movement(as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed.The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign,without electronic display,meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection.An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 10. Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units(Wave Church—Great Neck Road),"as approved by the City Council on August 11,2009 by modification of the original October 14,2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site until August 14, 2020.Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. Wave Church Agenda Item 3 Page 4 b. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. c. Foundation landscaping,subject to approval by the Planning Director,shall be installed around the base of the unit. d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 11. Subject to the conditions below,an artificial turf field,picnic shelter,and associated landscape area may be installed at the location shown on the plan titled"WAVE CHURCH-Great Neck Road-Virginia Beach,Virginia-SITE PLAN,"prepared by Tymoff&Moss Architects,dated June 26,2008. a. Any additional use,beyond that allowed above,of the area shown as'Recreational Area'on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled,"Playfield and Picnic Shelter for Wave Church,Great Neck Road,"dated August 30,2017. c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled"Foundation Plan,Elevations,and Notes,PICNIC SHELTER,WAVE CHURCH,"dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields,there shall be no exterior lighting of the area designated for the playfield or picnic shelter.Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m.and 8:00 a.m. CONDITION ADDED BY PLANNING COMMISSION 12. The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N.Great Neck Road where none currently exists. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Wave Church Agenda Item 3 Page 5 Proposed Location of Field and Shelter zo a ( a u N LU I— C _ U Y 1 00 _u R _ u, IU Q� , ,,, %AnnW �Cyy CD W Z Q_ C d:0 i w~ ° L 1– - ill 1 '''– 1671.11111C 1' CO CU KOS )i I ii: i. i Ifs , ' _ ' ' 0 i + may, ' 1 C 64 e atowtt8 .r •1, IAII ' • 1,ig .i I -1 £. . .} ; PI q x4 s 1 is ; •a I >'a i A F is 400: . _ aa .. 1.o ?fie ; sl,. ;e., ;rs o f + o „ • a v ,t_` O e R :j�p•Y e :. c 'o O N • Wave Church Agenda Item 3 Page 6 Aerial Photograph showing Field & Shelter w - 't7' . - ,/ 0' /, to fj. ,/ TURF FIELD PICNIC SHELTER id . ....---........;...- i , Ilipti , r .p, t—._ rte, I, - 1, , ,,_ ' . r It 4P1'',•....-4•,:•_.F'. e\*." - r,i''' • ,, „„,.... :,4,.., , •_, .,. ....• • . ,.. ,, : _:, " . _,,,, ._ 0 � � r i iy ilk 1TUKF FIELD �� 'iTA,�� (i . , . / L ' ia _ 135x60 r....0.,-' ' • - - ,v.-..:‘- Filk -.0. 35x60' w+,. . .ate c- PICNIC SHELTER f' II Po �a,��1 � ` 40'x60' ' yy ` k i '; , •. , faliko./ .' / r' *itt ii, ` I., Ilp Ail • yat t u. ° ` , „.y •A', 4 i ,i t „,.._ tti d It `' . ..,. . ,. ., • t. ...,.. .. 4ss. 1. 1 1. I 11 Wave Church Agenda Item 3 Page 7 Building Plans of Proposed Picnic Shelter _qu7ln, N..4“.13 —'.7.+.13 V Hr]Y rroI9YIn frA L��.� moa.»H Hnet 0001 ICS _! s1�a1!yalN d•D3X1J 19 AIM i 'sau!)ossy' �(pgaJaA lJ31l3HS�IN3Id ! .:.�: slice.O'.r't.OLLVA1J-Hry HCUVOlmo>r 1 1 11 1 1 i a I" 1 ! 111iHI! tI , if f 1 hI1 I _1,111 1 4 a �, IR 11 s 14111 , fJ iIIiJi1iIIi1LHihithi '- '-i 1% - 2 3 11, it 1 _ ., . . . E. r 1 'i g ; I z i I or p ir, r', 0 } :i' iiiii E I 3 v 'tt°s _ 1°t o. �. �3 1 12-,...: � id � IYF�, =� �� ice. r: tgaminA------!! -1 , .-- . irt Lii' *Ar' . ,,r I I to'gn u�.. ' x �4 ..+� to 4 iiI 1 _a / . •I ,o-w I D ..C..11 ..-,ii s+ ° ;---t•-•—r-7 a I---f_a---'O r— t,e — o r4 • L_1 -+ .� 2 I1 1 .. 4. I 4 a I ; .., .4 C I,7 ert-I 'kv,, I . o L 11; r1 rabi I 's 1 - 1 \ I N I L� Vf T r'-`-i rJ L a L—_L' __ O >__-E- J ❑ L_ c"�-- a ib. 11 ,p-,11 0-•Ibi Li 1 .fl' Wave Church Agenda Item 3 Page 8 Photographs of Proposed Shelter Type is oh Ni • , , r a aw.•_ _ 4110 .k11 V A jith , oil Wave Church Agenda Item 3 Page 9 Site Photos '- --- Location of Field (view to north) • W. r .•t•, r- 1• • ' .R ,, - • -,,:,,,----,z,,,1,0 tc.`yTyu c,y ,„. •f r'7 S 4;..� T ,, ; • ° tib ' r'.'• � ' nra•1 , rA r # : ti . , _ C -,,,?1, • %,. ‘.... : j, el yr .fir_ r F E ww , , :174 ., ..rol.......,,..._ , ,.. . .„ . .„ , . .„.....;,..... .•. .. vio.. i4.-.2, ., ., ,.. . .„ . . ...., � ,i � 'i74 ... , L 'Ait 14 It 4 .. , `" �- .• - _ .. . .- • ►: Location of Field (view to east Location of from fence at Field (view to cemetery) northeast) Wave Church Agenda Item 3 Page 10 Disclosure Statement B APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City 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 1_ . .� t init,fm. rub-ic c - • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 03/10/2017 • m _ .94.120.. toff/tai$ (141(1 f Stephen White Wave Church Agenda Item 3 Page 11 Disclosure Statement 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. [NAVE CHURCH 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) WAVE CHURCH—Josh Kicker,Stephen Kelly,Sharon Kelly,Joseph Monaco. (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Wave Children's Learning Center,Wave Transportation,Wave Publishing, Wave Jerusalem. See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Le 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. WAVE CHURCH If an LLC, list the member's names: Page 2 of] Wave Church Agenda Item 3 Page 12 Disclosure Statement uuEtia uearn If a Corporation. list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) WAVE CHURCH—Josh Kicker,Stephen Kelly,Sharon Kelly,Joseph Monate. (8) list the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner' (Attach list if necessary) Wave Children's teaming Center,Wave Transportation,Wave Publishing, Wave Jerusalem. "Parent subsidiary relationship means m relationship that exists when corporation directly o indirectly owns shares possessing morethan 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act.Va. Code§2 23101. 2 'Aflihated business entity relationship' relationship, other than parent-subsidiary relationship,that exists when ti)one business em by has a controlling ownership interest in the other business entity.Jill a controlling owner in one entity is also a controlling owner In the other entity.or bio there is shared management or ontrol between the business entities. Factors that should be considered in deter my the existence of an affiliated business entity relationship include that the same person or substantially the same person ownmanage the two entities,there arecommon or commingled funds or assets. the business entities share 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 betweethe entities.' See Stateand local Government Conflict of Interests Act, Va.Code§ 21 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 SEPERATEI V Page 3 of Wave Church Agenda Item 3 Page 13 Disclosure Statement APPLICANT 3nia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) O f7j Accounting and/or preparer of Its l your tax return WI illArchitect/Landscape Architect/ verebeiy&Associates,Am Meds ��e Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed • gpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) in2 Construction Contractors E 3' Engineers/Surveyors/Agents Financing(include current nBank of the West X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nR Legal Services Real Estate Brokers/ ❑ g 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 ❑ g 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 0 of 7 Wave Church Agenda Item 3 Page 14 Disclosure Statement cilgin a Bead, t CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. it 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 ar committee in connection with this Appllca . / G/rvtr APR ANT'S SIGNA'LIRE PRINT NAME DATE Page 5 at 7 Wave Church Agenda Item 3 Page 15 Disclosure Statement OWNER VirginiaBeach YESJ NO SERVICE PROVIDER(use addhlon.l sheets If needed) ri 1, Accounting and/or preparer of LJ your tax return mit Architect/Landscape Architect/ verebeY&Assoraates,MUneCIS If 1 Land Planner ❑ _/ Contract Purchaser(If other than IL/J� the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed • Com.' purchaser of the subject property ✓i (identify purchaser(s)and purchaser's service providers) Construction Contractors • 2 Engineers/Surveyors/Agents Financing(include current Bank of the West l�1 mortgage holders and lenders X I i selected or being considered to provide financing for acquisition -I,�/ or construction of the property) nI✓1 Legal Services Real Estate Brokers/ ▪ gAgents/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 r-/ an interest In the subject land or any proposed development • IJ 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 Wave Church Agenda Item 3 Page 16 Disclosure Statement h i girth Borsch 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 Applicati 1 h � 3, PROP TY OWNERS SIGNATURE _ PRINT NAME DATE Page 7 of 7 Wave Church Agenda Item 3 Page 17 Item #3 Wave Church Modification of Conditions 1000 N.Great Neck Road District 5 Lynnhaven September 13, 2017 CONSENT An application of Wave Church for a Modification of Conditions on property located at 1000 N.Great Neck Road, District 5, Lynnhaven. GPIN: 2408-13-7769-0000. CONDITIONS The conditions below consolidate all of the conditions of the 2003 Use Permit,the Modifications of 2009 and 2015,and the current modification request for the playfield and picnic shelter.The conditions applicable to the current application are in bold type (Condition 11). 1. The site shall be developed in accordance with the submitted plan titled "WAVE CHURCH; Great Neck Road;Virginia Beach,Virginia, SITE PLAN," prepared by Tymoff& Moss Architects, dated June 26, 2008.Said plan has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The proposed building additions and renovation of the existing sanctuary shall be constructed in accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER,Virginia Beach,Virginia, Exterior Elevations", prepared by Tymoff& Moss Architects,dated July 8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck Road to the main entrance of the building and to the recreational fields.The location of the sidewalks shall be determined during detailed site plan review of each phase of the project. 4. At the time the site plan for development of the 'Recreational Fields'shown on the plan referenced by Condition 1 is submitted,the applicant shall submit a tree preservation restoration plan, including the installation of Category IV landscaping,where needed, within the proposed twenty- foot buffer along the southern boundary of the site adjacent to the Michaels Glen and Great Neck Pines residential neighborhoods as well as the eastern boundary of the site adjacent to the Forest Park residential neighborhood and the City of Virginia Beach property. 5. The applicant shall submit a photometric lighting plan indicating the number and types of lighting as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (OPTED) principles and practices. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. Item#3 Wave Church Page 2 6. The 'Recreational Fields'shown on the plan referenced by Condition 1 shall be gated from sundown to sunrise.There shall be no lighting of the recreational fields.There shall be no roadway installed along the edge of the recreational fields.The recreational fields shall not be used for overflow parking for any events associated with the church. 7. The existing stormwater management facility shall be cleared of trash and debris during the Phase I construction,and Category I screening shall be installed on the top of bank, on the western side of the facility, before a Certificate of Occupancy is approved for the addition. 8. The church shall install trash receptacles throughout the parking lots.There shall be one trash receptacle for every 3,500 square feet of parking area. 9. Signage on the site and building shall be in substantial conformance with the following conditions, as approved by the City Council on August 11, 2009 by modification of the original October 14, 2003 Conditional Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign.The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location, and shall be no higher than 8 feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions,or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. The interval of time between one image and the next image shall not exceed eight seconds.This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed.The lighting method for the sign shall be submitted to the Department of Planning for approval. f. One additional free-standing sign,without electronic display, meeting sign ordinance requirements may be installed at the Old Donation Parkway entrance into the parking area, but shall be located at the entrance furthest away from the intersection.An elevation drawing and location plan of such sign shall be submitted to the Department of Planning for approval. 10. Two 24-foot by 60-foot modular classroom structures may be located on the site as depicted on the plan entitled, "Plan for Installation of Modular Units (Wave Church—Great Neck Road)," as Item#3 Wave Church Page 3 approved by the City Council on August 11, 2009 by modification of the original October 14,2003 Conditional Use Permit: a. The portable classroom structures are considered temporary and shall be permitted on this site until August 14,2020. Continued use of the structures after five years shall require a new modification of the Conditional Use Permit. b. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. c. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. d. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 11. Subject to the conditions below,an artificial turf field,picnic shelter,and associated landscape area may be installed at the location shown on the plan titled "WAVE CHURCH -Great Neck Road- Virginia Beach,Virginia-SITE PLAN," prepared by Tymoff&Moss Architects,dated June 26,2008. a. Any additional use, beyond that allowed above,of the area shown as'Recreational Area' on the site plan referenced above shall be as shown on that plan. b. The size and configuration of the area designated for the playfield and picnic shelter shall be in substantial conformance with that shown on the plan labeled,"Playfield and Picnic Shelter for Wave Church,Great Neck Road,"dated August 30, 2017. c. The size and architectural design of the picnic shelter shall be substantially as shown on the submitted plans titled "Foundation Plan,Elevations,and Notes,PICNIC SHELTER,WAVE CHURCH," dated 18 May 17. d. Consistent with intent of Condition 6 for the future athletic and recreational fields,there shall be no exterior lighting of the area designated for the playfield or picnic shelter. Low-level lighting within the picnic shelter shall be allowed when the shelter is in use. e. There shall be no use of the playfield and/or picnic shelter between the hours of 10:00 p.m. and 8:00 a.m. ADDITIONAL CONDITION ADDED BY PLANNING COMMISSION: 12. The applicant shall install street frontage landscaping consistent with the requirements of the Site Plan Ordinance along N.Great Neck Road where none currently exists. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 3. Item#3 Wave Church Page 4 AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 3 for consent. Billy Garrington appeared before the Commission on behalf of the applicant. -31- Item VI-K.2. PLANNING ITEM#46293 Upon motion by Vice Mayor Seasons, seconded by Councilman Jones, City Council ADOPTED the Ordinance upon application of CHECKERED FLAG VOLKSWAGEN for a Conditional Use Permit: ORDINANCE UPON APPLICAHON OF CHECKERED FLAG VOLKSWAGEN FOR A CONDITIONAL USE PERMIT R02003019 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Checkered Flag Volkswagen for a Conditional Use Permit for motor vehicle sales and repair(espansionf on the south side of Virginia Beach Boulevard east of Kings Grant Road (GPIN#1497-15-8417;91497-25-0372;91497-25-2343;#1497-253405). Said parcel is located at 3001 Virginia Beach Boulevard and contains 7.168 acres.ROSE HALL-DISTRICT 3. The following conditions shall be required: 1. The development of the site shall substantially conform with the site plan prepared by MSA, P.C. dated 01/04/2000 and annotated "MSA PROJ. #99163." The plan shall provide a uniform drive aisle width Infront of the showroom,except where adjustments are necessary to accommodate an adequate turning radius for vehicles entering and exiting the site All area lying between the drive aisle and the property line shall be incorporated into the street frontage landscape strip. 2. Five of the required parking spaces shall be located in the parking area immediately to the east of the new car showroom, and four along the western wall of the showroom, to provide readily accessible customer parking. Nine spaces may be retained in theeastemmast lot.All requiredparkingspaces shall be clearly marked by sign or payment markings as customer/employee parking,and shall not be used for thedisplay of vehicles for sale. 3. Architectural design, materials,and colors shall conform with the "Preliminary Design for Renovations to Checkered Flag Volkswagen,"prepared by E. T Gresham Construction,dated September 30. 1999 and revised November 24, 1999. No more than one additional bay(garage)door may be installed which shall be located at the eastern or southern side of the structure. 4. No further administrative variances to parking lot,street frontage,and/or display area landscaping shall be granted S. All auto repair must take place inside the building. No outside storage of equipment parts,or materials shall bepennitted This Ordinance shall be effective in accordance with Section 107(oaf the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia,on the JWenN-second of February Two Thousand February 22,2000 -38- Item VI-K.2. PLANNING ITEM#46293(Continued/ Voting: 11-0(By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, Iq Margaret L. Eure, William W. Harrison,Jr., Barbara M.Henley, Louis R.Jones,Reba S.McClanan, Mayor Meyera B. Oberndorf, Nancy K.Parker, Vice Mayor William D. Sessonts,Jr. and A.M. "Lon"Weeks Council Members Voting Nay: None Council Members Absent: None February 22,2000 - 0 . . \•,,) 1\ , .- .. . „.. t i \ C.-J. 7 43004, -. ! liti N r ' • 1 1, . 1 ----- -------\ 4t) . 1-•,,,,...-- — 1 , 1-- Ce _-,-,----V.-1-. _1 . . ._ - ---1. _I - 1411011.IhNin• ' - IL.--- ', -- r....1°\Z ‘4411411/411011,,,- NIIIIP .-----• ---- ) 10 It 'INLa 11' i ... . kil lih'. . I 1 '.' )I I I I I 4 11‘11 I I 4 I I I I I I II I' 1'11111161 II I h 411111111%11\7111111111).1 I I NiillikioN\‘111111\i "C j. I `, 1-. -CO ‘i 111111/4.11%41/4.., ' .- \\\, , \ ‘ 244, ,. 4rih...‘Iiii,\:::;:' \:,:"• . • ''I 1. -......000. - . . L...' . \ , . , . . . 17......0 ---...,. Q. ii<• , . . ' \ \\,, \--\s' "...:\.. ‘ N -\ .e .....i i ; .Co) "N. , ii, n • . N 1. \ R \ \ Ct • ‘`.. `.. .' : \ lin X\..611. -l'INILIP'b CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EVERGREEN VIRGINIA, LLC [Applicant & Property Owner] Conditional Use Permit (Car Wash) Modification of Conditions (Conditional Use Permit for Motor Vehicle Sales, Rentals & Repair most recently approved in 2000) 3033, 3025, 3001, & 2981 Virginia Beach Boulevard (GPINs 1497158417, 1497250372, 1497252343 & 1497253405). COUNCIL DISTRICT— BEACH MEETING DATE: October 17, 2017 • Background: The subject 7.17-acre site currently exists as three parcels that is developed with two new car dealerships and a used car lot. A Conditional Use Permit for a Motor Vehicle Sales and Repair was approved in 1986 on one of the parcels and subsequent approvals for Motor Vehicles Sales and Repair for the remaining parcels occurred in 1995, 1998, and 2000. The applicant requests a modification in order to remodel and expand the existing Hyundai sales and service building and a Conditional Use Permit to add a car wash on the rear of the building. The submitted plan depicts an expansion to the existing building that will result in an 8,438 square-foot showroom, a 17,308 square-foot service area, and a car wash facility, which will not be open to the general public. • Considerations: While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use, non-residential projects, the proposal is compatible with the existing uses along this section of Virginia Beach Boulevard. The building is designed with finishes that complement the surrounding area. The 35 parking spaces depicted on the proposed site layout are sufficient to address the minimum parking requirements for the site. Furthermore, the applicant has an existing shared parking agreement with the adjacent property to the east for 35 employee spaces. 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 10-0, to recommend approval of this request. Evergreen Virginia, LLC Page 2 of 3 1. The development and landscape of the site substantially conform with the submitted layout entitled "Conceptual Site Layout & Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA" prepared by MSA, P.C., dated 04/07/17 and annotated "MSA PROJ. #14088C" as depicted on page 8 of this report as exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the "Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard, Virginia Beach, VA 23452" prepared by Covington Hendrix Anderson, dated 05/18/17. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition 1 above shall be clearly marked by sign or pavement markings as such and shall not be used for the display of vehicles for sale. 4. Vehicles shall not be displayed on platforms or elevated above the parking lot. 5. All motor vehicle repairs and painting shall take place inside the building. 6. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials shall be permitted. 7. No tires, merchandise, or parts for sale shall be displayed outside. 8. Category I screening shall be provided along the western property line adjacent to the Historical and Cultural District. 9. No outside paging or amplified music system shall be permitted. 10.The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage or portable or nonstructural signs shall be permitted. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance. 11.There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 12.Use of the car wash by the general public shall not be permitted. Evergreen Virginia, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. yyy Submitting De. .rt gency: Planning Department.S-�lµvt PiaAJc /� City Manage Applicant & Property Owner Evergreen Virginia, LLCNB Agenda Item Public Hearing September 13, 2017 City Council Election District Beach 2 Virginia Beach Requests i P Q. In 1 Q Conditional Use Permit (Car Wash Facility) sP yF CP 4' .1 2 �^ srya Modification of Conditions (Conditional Use y a,P c� Gs ° VP 470 Permits approved by City Council on 1986, o d9••-roma P4 1995, 1998, and modified in 2000 for Motor `°, '� °°0. � �P Vehicle Sales, Rentals, & Repair) Virg""a Beach goulev�d P' ',�``0, ai`' Staff Recommendation 65-70 dB DNL SdB NL 90 40 �(m Approval ,, '� ,p Pinewood Drive Warren Place to Staff Planner 9, ads Robert Davis a o,,`t r'. / $o �R /M 1�� / 9,. ' '-9 '0>4 , , P � Cio 9, Ca 264 >75dBDNL`P Location 3033, 3025, 3001, & 2981 Virginia Beach Boulevard GPINs 1497158417, 1497250372, 1497252343, 1497253405 Site Size 7.17 acres AICUZ 1.. . a 41-, . VW Ili it _• 65-70; Sub Area 3 & 70-75 dB DNL Watershed vior v,,.... Y- 6f.-" �3Ch B°rilfs‘T'31,--‘;1 Chesapeake Bay ., ' �,rtsr"`'Existing Land Use and Zoning District „ �.`} +� '”" .k l�'°t �� F Motor vehicle sales& repair/ B-2 Community -fi v .R Business ° .« o '' Ai:. it,), , ISA Surrounding Land Uses and Zoning Districts . !lr't �`' t .. . North �' r, 4.- ,t..r •;. ` Virginia Beach Boulevard z(a z y ,. W T Mixed retail/ B-2 Community Business . • �1 '_ fp''.:_ _ -;ii-1, ,. ;- t - • .' South a CisLan'• . , ,•e , ---_,'s4 .9+ � ,,., ; ' Single-family dwellings/ R-10 Residential `,-.: if ani _''' ,► w, Z i— y. i • East _.>. •,-.-.--- •r;a , ;� .;'� ' '" , Mixed retail/ B-2 Community Business . ^.L* '.0. ..', :•: , y :..”) .'• '` " . West Office/ B-2 Community Business Evergreen Virginia, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The subject 7.17-acre site currently exists as three parcels that is developed with two new car dealerships and a used car lot. • A Conditional Use Permit for a Motor Vehicle Sales and Repair was approved in 1986 on one of the parcels and subsequent approvals for Motor Vehicles Sales and Repair for the remaining parcels occurred in 1995, 1998, and 2000. • The applicant is now requesting a Modification of the original Conditional Use Permit in order to remodel and expand the existing Hyundai sales and service building and a Conditional Use Permit to add a car wash at the rear of the existing building. • The Conditional Use Permits approved in 1995, 1998, and 2000 will remain in effect on the remaining parcels. No changes to these conditions are being requested with this application. • The submitted site plan depicts an expansion to the existing building that will result in an 8,438 square-foot showroom, a 17,308 square foot-service area, and a car wash facility. • The submitted elevations show a two-story building. The first floor of the showroom/sales area consists of insulated clear glass that extends the length of the facade from floor level to the base of the second floor.The exterior of the second-floor and all other areas of the showroom/sales building consist of a system of gray metallic chamfered metal panels, accented through the use of an off-white between the panels. The same off- white color is used at each of the customer entrances as well as the service bay accesses. • The site layout also depicts the required street frontage, display area, and foundation landscaping required by the Virginia Beach Landscaping Guide. • The 35 parking spaces depicted on the proposed site layout are sufficient to address the minimum parking requirements for the site. Furthermore, in order to provide parking in a sensible manner, the applicant has an existing shared parking agreement with the adjacent property to the east for 35 employee spaces. Evergreen Virginia, LLC Agenda Item 2 Page 2 i A-12R-7.51 -------:"7:—.' ----"`- __- ,,8„�vvecd ----- • Zoning History yam' _1"-- # Request �� 1 CUP(Church)Approved 05/26/2009 �� / �' , 2 CUP(Motor Vehicles Sales and Repair)Approved - as d�; ��/ ds NL � .0 02/22/2000 A • 3 CUP(Automobile Sales, Repair,and Service,Sale of Parts ja!I ' and Storage of Vehicles)Approved 02/10/1998 B 2 °:/ 2).1144470 4 CUP(Automobile Sales, Repair, and Service)Approved �& 02/14/1995 Ut 5 CUP(Motor Vehicle Sales and Service)Approved 08/18/1986 R-10 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as located in the Lynnhaven Strategic Growth Area. The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions.The Comprehensive Plan's Special Area Development Guidelines for Urban Areas provide recommendations for site design. Specific to this proposal is the opportunity to incorporate quality landscaping and enhance exterior walls facing streets to have substantial material change and transparency. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed, adjacent to Little Neck Creek. The site is impacted by the Resource Protection Area, the most stringently regulation portion of the Chesapeake Bay Preservation Area. Portions of the site are located in the AE floodplain and the floodway; however, no land disturbance is proposed in these environmentally sensitive areas. There does not appear to be any significant cultural resources associated with the site. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Evergreen Virginia, LLC Agenda Item 2 Page 3 Evaluation and Recommendation The proposed requests for a Modification of Conditions and a Conditional Use Permit for a Car Wash are, in Staff's opinion, acceptable given the predominance of auto-centric uses in the immediate vicinity. While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use, non-residential projects, the proposal is compatible with the existing uses along this section of Virginia Beach Boulevard. The building is designed with finishes that complement the surrounding area. As such, the proposed request is acceptable until the market creates a transition of this area to the long-term vision set forth in the Lynnhaven Strategic Growth Area Plan. As noted previously, the subject site has Conditional Use Permits for Motor Vehicle Sales, Rentals and Repair that were approved with the following conditions, which will remain in effect. Applicable to the western portion of the subject site located at 3033 Virginia Beach Boulevard: 1. Category I screening is to be provided along the western property line adjacent to the Historical and Cultural District. Applicable to the following properties located in the eastern portion of the subject site located at 3025, 3001, and 2981 Virginia Beach Boulevard: 1. The development of the site shall substantially conform with the site plan prepared by MSA, P.C., dated 01/04/2000 and annotated "MSA PROJ. #99163".The plan shall provide a uniform drive aisle width in front of the showroom, except where adjustments are necessary to accommodate an adequate turning radius for vehicles entering and exiting the site. All area lying between the drive aisle and the property line shall be incorporated into the street frontage landscape strip. 2. Five of the required parking spaces shall be located in the parking area immediately to the east of the new car showroom, and four along the western wall of the showroom, to provide readily accessible customer parking. Nine spaces may be retained in the easternmost lot. All required parking spaces shall be clearly marked by sign or pavement markings as customer/employee parking, and shall not be used for the display of vehicles for sale. 3. Architectural design, materials, and colors shall conform with the "Preliminary Design for Renovations to Checkered Flag Volkswagen," prepared by E.T. Gresham Construction, dated September 30, 1999 and revised November 24, 1999. No more than one additional bay (garage) door may be installed, which shall be located at the eastern or southern side of the structure. 4. No further administrative variances to parking lot, street frontage, and/or display area landscaping shall be granted. 5. All auto repair must take place inside the building. No outside storage of equipment, parts, or materials shall be permitted. The condition approved in 1986 for the western portion of the subject site has been incorporated into the updated recommended conditions for approval below. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Evergreen Virginia, LLC Agenda Item 2 Page 4 Recommended Conditions The conditions of the 1995, 1998 and 2000 Conditional Use Permits for Motor Vehicle Sales and Repair remain as previously approved. The conditions of the August 18, 1986 approval shall be deleted and replaced with the conditions below. 1. The development and landscape of the site substantially conform with the submitted layout entitled "Conceptual Site Layout & Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA" prepared by MSA, P.C., dated 04/07/17 and annotated "MSA PROJ.#14088C" as depicted on page 8 of this report as exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the "Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard, Virginia Beach, VA 23452" prepared by Covington Hendrix Anderson, dated 05/18/17. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition 1 above shall be clearly marked by sign or pavement markings as such and shall not be used for the display of vehicles for sale. 4. Vehicles shall not be displayed on platforms or elevated above the parking lot. 5. All motor vehicle repairs and painting shall take place inside the building. 6. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials shall be permitted. 7. No tires, merchandise, or parts for sale shall be displayed outside. 8. Category I screening shall be provided along the western property line adjacent to the Historical and Cultural District. 9. No outside paging or amplified music system shall be permitted. 10. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage or portable or nonstructural signs shall be permitted. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance. 11. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 12. Use of the car wash by the general public shall not be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. Evergreen Virginia, LLC Agenda Item 2 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. Evergreen Virginia, LLC Agenda Item 2 Page 6 Proposed Site Layout fz-.11 1rt C I 1 ;1 ,I1 R t 1. #IA 2 Y >7 S aIt i II I 11I "MGMI OLIOR Q j AE, f I. `4 ..yam r, K' Ii it i G 9^ ,�J a L- ,i i/,c, WM r J' .y,.;— : ,. "" I: ,. . itir ii 1\ ' ''''. ''' " '-' '' tli1 Iii tlgi _,4i. it p \\ ' / / r ,.. ` n( F.. 0 1 ep tilli F i �<• �1 - !! os . 1E �. rrr Kt i (' 1Sth !• of 0 `IL 0 1 • , i � 7 . `i, ' Di0- In aA�� \ /, �t A J 1.1_ 1- Q J —- o in • u__I = x• s -— 1 `1) Q v 4i3 as -- r. .- °. .. A 0 Lm !ii'_,..j,...1 i� i €villi tz.S! d 1l,1; 4041 kt Li I if it q li !Ip::iiiiii i 1., .1 b , 15 lib • i• o 2°' il ' I iliii " 1EEEE, C Evergreen Virginia, LLC Agenda Item 2 Page 7 • Proposed Elevations __�.. I 1111111 mil II 3D VIEW FROM NORTHEAST CORNER • Ie r 39.ygW FRQs41,1QRTHWESTtrQRNER • • EXTERNAL FINISHES ZONE MANDATED(M) SOURCE ELEMENT OR CATEGORY DESCRIPTION PHOTOGRAPH OPTIONAL(0) • • Facade&Finishes M • FASCIA AND CHAMFER M /t Main Facade Colour Prisma KR Sunshine Grey Metallic CLADDING ~ Chamfer Colour Prisma JLR Champagne Metallic — Colour above customer entrances Prisma JLR Champagne Metallic CLEAR GLASS DOORS M D Clear door and side lights In 12 mm toughened gun with metal security locking bar at the base Lock colour:Stainless Steel • SHOWROOM FRAME ESS M C Frameless glazing GLAZING Single and double glazed systems _ • Full specification available to suit building requirements Refer to Appendix 9 t WORKSHOP AND BACK OF M C Horizontal trapezoidal cladding HOUSE CLADDING R32/1000-RAL 9006 Tata Trlsomet 333 or similar 1 • • Evergreen Virginia, LLC Agenda Item 2 Page 8 Site Photos } *. r • Ot. y • • • •1 � 4 A • ,,. ; i. Ili P • ....% ats. yy yy ,w • rte.. _ _.i s • Mow —'1.1. ira. �� p1 mss „ .dr, ..,t _ . .k,::,. _ . : • _ .. ..1. . ..„ ,, ,Iti7.., — .,...r....— A af tat Evergreen Virginia, LLC Agenda Item 2 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Evergreen Virginia, 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 x 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 I The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 • /0/0.5 /2 NC Robert A.Davis Evergreen Virginia, LLC Agenda Item 2 Page 10 Disclosure Statement 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 Applicants name:Evergreen Virginia, LLC If an LLC, list all member's names: Stephen Snyder Edward B. Snyder If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nroarrly owner is different from Annlicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /Ca 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 Evergreen Virginia, LLC Agenda Item 2 Page 11 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§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets: the business entities share the use of the same offices or empbyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Evergreen Virginia, LLC Agenda Item 2 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets it needed) ❑ 1C71 Accounting and/or pre parer of W your tax return X ❑ Architect/Landscape Architect/ Covington Hendrk Anderson Land Planner Architects ❑ ® 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 service providers) ❑ ® Construction Contractors ❑ Engineers/Surveyors/Agents MSA-P.C. Financing(include current Towne Bank • ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Billy Garrington Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property e ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 ,at is the nature of the interest? Page 4 of 7 Evergreen Virginia, LLC Agenda Item 2 Page 13 Disclosure Statement • YtpoiRBeach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand .that, d'pon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A hcatio -: ,IAN: f�-fes/- . / AINLICeNT'S SILNAT E RIM NAME DdTE Page 5 of 7 Evergreen Virginia, LLC Agenda Item 2 Page 14 Item#2 Evergreen Virginia, L.L.C. Conditional Use Permit Modification of Conditions 3033, 3025, 3001, & 2981 Virginia Beach Boulevard District 3 Beach September 13,2017 CONSENT An application of Evergreen Virginia, L.L.C. for a Conditional Use Permit(Car Wash Facility)and a Modification of Conditions on property located at 3033, 3025, 3001, 2981 Virginia Beach Boulevard, District 3, Rose Hall.GPINs: 1497-15-8417-0000; 1497-25-0372-0000; 1497-25-2343-0000; 1497-25- 3405-0000. CONDITIONS 1. The development and landscape of the site substantially conform with the submitted layout entitled "Conceptual Site Layout&Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd.Virginia Beach,VA" prepared by MSA, P.C.,dated 04/07/17 and annotated "MSA PROJ. #14088C" as depicted on page 8 of this report as exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. Item #2 Evergreen Virginia, L.L.C. Page 2 2. Architectural design and colors shall conform with the "Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard,Virginia Beach,VA 23452" prepared by Covington Hendrix Anderson, dated 05/18/17.Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout.Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition 1 above shall be clearly marked by signor pavement markings as such and shall not be used for the display of vehicles for sale. 4. Vehicles shall not be displayed on platforms or elevated above the parking lot. 5. All motor vehicle repairs and painting shall take place inside the building. 6. No outside storage of vehicles in a state of obvious disrepair,equipment, parts,or materials shall be permitted. 7. No tires, merchandise, or parts for sale shall be displayed outside. 8. Category I screening shall be provided along the western property line adjacent to the Historical and Cultural District. 9. No outside paging or amplified music system shall be permitted. Item#2 Evergreen Virginia, L.L.C. Page 3 10. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage or portable or nonstructural signs shall be permitted.Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance. 11. There shall be no decorative pennants,strings of light bulbs,spinners, feather flags, ribbons, streamers,air dancers, inflatables or other similar advertising items located on the site. 12. Use of the car wash by the general public shall not be permitted. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE Item#2 Evergreen Virginia, L.L.C. Page 4 RUCINSKI AVE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 2 for consent. Billy Garrington appeared before the Commission on behalf of the applicant. ..- CNII\ ' •••'' ' .....------ / ..------- ... .„...,..,.....\-----Y ,:i c:* _.„...-.... ..------ gr- ..- i ._. ..... .. r..... m , . I 5 . • v. . ...... . ,.. ,.... \ r . ._.... . .. \ • ..... .. ..____ .. ....„... --..... ---.....„-:- ......., . .,... \ , . . I . , \ • , ; ... , . . --,61..„. ..... , . , -- .,. ,... -••••••,„ •••.,... ••••. • ... ,,... e.... .... • ) a / , „.. , ..,. a. • , /... 'a. • •-• )'-' /• -- • •., .., , ... ......./ ''.-- ... .... ... •••-- -.,.., . .._ _ g ,• ••••.‘ • / ---, . a.„ I", .;•-..„._ /4 . -N. -- -. •. . . , , ., --'., ' • '.., t 1 , ,.1 ,% :• ' I 1 • 01 „....-..- . ',... 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N \ \ \ CN . „. ,_.,•• , , \ . „... . • V" . , . .-• • .- „ , . ._. • U=9 . • • \ . ,,1/4, ... \ ... . , . _ [ "? _ t, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: METAMORPHOSIS SALON AND SPA [Applicant] E T ENTERPRISES, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor & Body Piercing Establishment) 624 Independence Boulevard (GPIN 1477499345). COUNCIL DISTRICT— BAYSIDE MEETING DATE: October 17, 2017 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor in order to offer microblading, which is the application of permanent make-up, within an existing 1,050 square foot salon. The salon is located in the shopping center at the intersection of Independence Boulevard and Constitution Drive. • Considerations: Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. No changes are proposed to the existing signage, the exterior of the building nor to the site layout. The typical hours of operation will follow those of the salon, which are 10:00 a.m. to 8:00 p.m., Tuesday through Friday; and 9:00 a.m. to 4:00 p.m. on Saturday. 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 10-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Metamorphosis Salon and Spa Page 2 of 2 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D= • . • • •ency: Planning. • • •encyNtm City Manager. i Applicant Metamorphosis Salon and Spa Agenda Item Property Owner E T Enterprises, LLC Public Hearing September 13, 2017 City of City Council Election District Bayside Virginia Beach Request �a Conditional Use Permit (Tattoo Parlor) y�� H''.4..,„ aye b`p �„-an Road D Q D Staff Recommendation M.,w,nCa„ o� Approval o p a g °Road __.--. P as Staff Planner Ser'°' ne ¢' 6D i I D i i�Y, Jonathan Sanders `Q G q C i LocationEPtr 4mdate Sued `J at,'ot(dne Bennett lane 624 Independence Boulevard, #102 °, G P I N Fins W,e Se { �i 1477499345 5` 2C lout One aV V� , O.„<.` x,nne Site Size '4•4,,,,,, y3 +o,,, 32,064 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District . t ” Shopping center/ B-2 Community Business ' ., ', i iii0p.' 's l ,lit IK�A Surrounding Land Uses and Zoning Districts G ,'sf' . a At , Y e,%� North ',/,,Constitution Drive i Y r er�� Automobile repair garage/ B-2 Community , • i r�' ' ' �i Business IjSouth "a , , s c,,,,ter ,c Single family dwelling/ R-7.5 Residential 0f a4. - � ti2c East a 110 . �. .S .0 Coni. ik, • stitution Drive . ?ill ft ,i Single family dwellings/ R-7.5 Residential /' ' ' , _ _ 7• .- ' West a' . .,.. __.- '- ` tl 1 . Independence Boulevard t Gas station/ B-2 Community Business ..44# l �j ``‘'N Metamorphosis Salon and Spa Agenda Item 1 Page 1 Background and Summary of Proposal • The subject 1,050 square foot unit is within an existing shopping center and currently operates as a salon and spa. • The applicant is requesting to expand their services to include permanent makeup, also known as microblading. This service is classified as tattooing in the City's Zoning Ordinance, and requires a Conditional Use Permit. • No changes are proposed to the existing signage, nor to the exterior of the building or to the site layout. • The hours of operation are proposed as 10:00 a.m. to 8:00 p.m., Tuesday through Friday; and 9:00 a.m. to 4:00 p.m., on Saturday. R-7/.5i _ B.2 7 -----.,_,2 ay B-2 /,. : : 3� s,, qb ° B1 R-7.5 3if/ Zoning History m ¢ # Request 8 o �, 1 CUP(Car Wash)Approved 05/10/1995 R 1 5 s' 4 • R-7.5 R-75 d 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 This site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site, as the site is largely impervious with an existing shopping center and parking lot. Metamorphosis Salon and Spa Agenda Item 1 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 56,240 ADT 1(LOS 3"D") Independence Boulevard 49,028 ADT' 64,260 ADT 1(LOS 3"E") No Change Anticipated' 6,200 ADT 1(LOS 3"C") Constitution Drive No Data Available 9,900 ADT 1(LOS 3"E") 1 Average Daily Trips 2 as defined by a 1,050 square foot 3 LOS=Level of Service beauty salon with microblading in a shopping center Public Utility Impacts acts 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 a Tattoo Parlor is acceptable. 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. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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. Metamorphosis Salon and Spa Agenda Item 1 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Metamorphosis Salon and Spa Agenda Item 1 Page 4 Existing Site Layout +i: �. -`�•(• / 411°F 5 ''' - /1 JO, p — -NI, 1 t:•, .0. Ailik. 1 7 . 2/t 'I rte' ' ' c,, 1 Agr ° 0. ) '' 4,11)i O's "...... .%:::")Jr 40 ,/J 1 •e. s rS � ' ' oSs -1 Ih.� • 's t . . . • - off, ) * Unit : - - 2 . , .,; l "a LCA :� ►;e ` -11$ it rs.1 ......14 . 4 4 - ., e mo, * - va�y (w Metamorphosis Salon and Spa Agenda Item 1 Page 5 Site Photos ', IPA j C i� ,..„ ,,;(4,7,/, srs' Salon' S�. • EL PARIA ..,. •- r2 la 1 I r f r pi .�� _ t' , . � �� z �, Illni - ' '--'''"-- z �. '.1. F„.. "...VP ,-,. Metamorphosis Salon and Spa Agenda Item 1 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Metamorphosis Salon&Spa 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 • 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • , SECTION 1 / APPLICANT DISCLOSURE F I. ,. _ Page I of 7 IOA/7 JS Jonathan Sanders Metamorphosis Salon and Spa Agenda Item 1 Page 7 Disclosure Statement B Virginia Beach ❑ Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Metamorphosis Salon&S_ea If an LLC, list all member's names: Molly Zemke 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if crowns,owner is different from Annikant. pi Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER 1Sa corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:E T Enterprises, LLC If an LLC, list the member's names:Sean Callaway Page 2 of Metamorphosis Salon and Spa 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiaryrelationship' means "a relationshipthat exists when one co corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 `Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when 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 entitles;there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflkt of Interests Act, Va.Code§ 2.2-3101. • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Metamorphosis Salon and Spa Agenda Item 1 Page 9 Disclosure Statement APPLICANT 3niacb YES NO SERVICE PROVIDER(use addmonalshemsu needed) • ® Accounting and/or pre parer of your tax return • IQ� Architect/ Landscape Architect/ VV VV Land Planner Contract Purchaser(if other than ❑ the Anolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • ® Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders �S� selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Metamorphosis Salon and Spa Agenda Item 1 Page 10 Disclosure Statement r a ,}:. r . f, Virginia Bhe6 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. µvuwms 9cannru _-- MOLL-. 2Ei2k _ PRINT NAME DATE Page 5 of 7 Metamorphosis Salon and Spa Agenda Item 1 Page 11 Disclosure Statement OWNER Virgi YES NO] SERVICE PROVIDER(use additional sheers if needed) ® Accounting and/or pre parer of your tax return ® Architect/Landscape Architect/ Land Planner O Contract Purchaser(If other than ® the Aoolkant)-identify purchaser and purchaser's servke providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors Engineers/Surveyors/Agents Financing(Include current ❑ A mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers/ • �f Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Metamorphosis Salon and Spa Agenda Item 1 Page 12 Disclosure Statement YL Virginia Peach 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 APplltjtion. c tLl.,r L. CD, 0 F q R✓n PROPERTY OWNERS 5IGNATIPE . PRINT NAME DATE • Page 7 of 7 Metamorphosis Salon and Spa Agenda Item 1 Page 13 Item#1 Metamorphosis Salon and Spa Conditional Use Permit 624 Independence Boulevard,Suite 102 District 4 Bayside September 13, 2017 CONSENT An application of Metamorphosis Salon and Spa for a Conditional Use Permit(Tattoo Parlor)on property located at 624 Independence Boulevard,Suite 102, District 4, Bayside. GPIN: 1477-49-9345-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. A motion was made by Commissioner Oliver and seconded by Rucinski to approve item 1. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 1 for consent. The applicant Molly Zemke appeared before the Commission. ..---- C \ \ . IP , „ 1 k .. \ '''\ I . Illiii a N .3 ., . \,.. .- ''.': 1011) 11 I, 1;'I , 4 \\ '.,\ '.. SI ! a !IN - - s —. _._ -- t 1 1 ) . 1._ , . 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALAN ZINKE AND GLORIA ANN ZINKE REVOCABLE TRUST [Applicant & Property Owner] Conditional Use Permit (Home Occupation — Retail Sales (Firearms)) 2252 Creeks Edge Drive (GPIN 14994859752252). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: October 17, 2017 ■ Background: The applicant has applied for a Federal Firearms License (FFL) from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). As a condition of the FFL, the place of business must be open to the general public. Based on this, a Conditional Use Permit for a Home Occupation (Retail Sales) is required, which will allow that from time-to-time, a customer to come to the home to pick up merchandise. The applicant intends to operate a majority of his business as internet sales via drop-ship; however, perhaps up to five times per month, a personal, hand-to-hand transfer may occur on site. All transactions on the property will be by appointment only. • Considerations: A condition is recommended by Staff that limits the applicant to no more than five hand-to-hand transactions per month from the dwelling. The ATF has reviewed this condition and has agreed that this will satisfy their requirement that the place of business is open to the general public. Other conditions are recommended that address storage of the merchandise, and requires that security assessment of the property be performed by the Virginia Beach Police Department. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. During the Planning Commission's visit to the site, several Commissioners raised security concerns regarding the storage of the merchandise in the attached garage. At the Planning Commission's public hearing, three people spoke in opposition, noting concerns related to traffic and security. A petition with 29 signatures in opposition was also submitted at the hearing. Prior to the public hearing, two letter of opposition objecting to the use within the neighborhood and to the potential traffic generated by the use were received by Staff, along with nine letters of support. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 10-0. Alan Zinke Page 2 of 3 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 at 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. Alan Zinke Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. �� / Submitting Department/Agency: Planning Department 1 �^p,,,,(�l[�� City Manager: /�/� Applicant Alan Zinke Agenda Item Property Owner Alan Zinke and Gloria Ann Zinke Revocable Trust 4 cityN Public Hearing September 13, 2017 Virginia Beach city Council Election District Lynnhaven Request e�ghoreAP u' = ; . v Conditional Use Permit (Home Occupation— `. .0'. 3 , Retail Sales (Firearms)) 5 p d x x " app �NenN Do, p D 7n Staff Recommendation b S , Summerh avec Road �a° Approval "``� O D t Ilks g Staff Planner W BeriR° _ n Robert Davis (.-4 Iwoo F R a Road a Location m °ad&'� R 2252 Creeks Edge Drive ,,, a Adam Nrdme Road oe GPIN 14994859752256 Site Size 12.36 acres AICUZ Less than 65 dB DNL L` r x c $ '� Watershed ., _ . • Chesapeake Bay jliJ - ' Priv; •i . • ExistingLand Use and ZoningDistrict � � • `, •' ,� '� ' Single-family dwelling/A-36 Apartment,Shore 1'L • ii ' +_� ftrci,. ' . • • Drive Overlay District '4 ; `'fi .. ,n \� r i Surrounding Land Uses and Zoning Districts ', (/) -1` '� • �� y, , c' ,c North ,2 c . , r- ... P', ., , ,ow.' '• Multi-family dwellings/A-36 Apartment '. 1.� \ 1,",'. wi •M "'• South u . cn : c. G• lir �� •. Multi-family dwellings/A-36 Apartment Z, • J' ':4:-- '! \ East �.. •..$7' , ;y �+ Multi family dwellings/A-36 Apartment `i. # � .-- „ ','. } West �,; ,..� ,fl'''' Creeks Edge Drive Multi-family dwellings/A-36 Apartment Alan Zinke Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant desires to operate as a Federal Firearms Licensed dealer to service buyers who purchase firearms over the internet. Firearms will not be available for general retail sales to the public. • From time-to-time,the applicant anticipates selling a firearm from the home, on a referral basis. All such transactions are by appointment only. • The applicant does not plan on holding any inventory on the property other than that which is received from other dealers or individuals that are awaiting pickup by the buyer. According to the applicant, these transitions will occur infrequently. The applicant will complete the required state and federal background checks before transferring the firearm to the buyer. • No sign to advertise the business is proposed or will be permitted. • All federally controlled items will be stored in secured steel vaults. • Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. A report will be written by the Police Department and a copy will be provided to the applicant. Willow Oak Circ$ •I r -7.5 A-36 ' : i•' Zoning History % `/ /// A 12 # eus• 1 CUP(Recreation Facility)Approved 06/11/1991 A / / . rf 8.? 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 Alan Zinke Agenda Item 4 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area (SFA) 1 -Shore Drive Corridor. The Corridor area is considered to be a resort neighborhood and not a resort destination due to its characterization by many well-established neighborhoods, newer high density residential development and, to a lesser degree, resort commercial uses.This corridor also shares the responsibility of being one of Virginia Beach's primary east- west connectors. Recommendations include preservation and protection of the character of the established neighborhood, improvement of public parking and public access to the beachfronts, and promotion of corridor beautification. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does 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. Alan Zinke Agenda Item 4 Page 3 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 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 seven 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 at 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. Alan Zinke Agenda Item 4 Page 4 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. 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. Alan Zinke Agenda Item 4 Page 5 Site Photo • 11* ' IJIAllr' , _ " , ,� 67_ • ''171 NN,‘" Op/A : : . Alan Zinke Agenda Item 4 Page 6 Disclosure Statement Virginia Reach APPLICANT'S NAME Alan Zinke(NMN) 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. 4 ' SECTION 1 / APPLICANT DISCLOSURE Page l of 7 Il M': •FIFI ,'In!nP N( ANoi n , i /0/0 p P Robed A Davis Alan Zinke Agenda Item 4 Page 7 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPI(CANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Alan Zinke(NMN) If an LLC, list all member's names: If a CORPORATION. Ilst the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prowrty owner it different from Annlirant. ® Check here If the PROPERTY OWNER IS NOTa corporation, partnership, firm, business. or other unincorporated organization. El Check here if the PROPERTY OWNER IF a corporation, partnership, firm, business, or other unincorporated organization. AND THEN complete the following. (A) List the Property Owner's name: Alan Dike and Gloria Ann Zinke Revocable Trust If an LLC, list the member's names: Page 2 of Alan Zinke Agenda Item 4 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (Hi) 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 ova or manage the two entitles;there are common or commingled funds or assets; the business entities share the use of the same offices or empbyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a cbse working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Alan Zinke Agenda Item 4 Page 9 Disclosure Statement APPLICANT :NB, aBeach YES NO SERVICE PROVIDER One additional sheets if needed/ ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and R purchaser's service providers) ® Constructbn Contractors Engineers/Surveyors/Agents Financing(include current Union First Market Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services l-I Real Estate Brokers / l l ® Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have ❑ ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Alan Zinke Agenda Item 4 Page 10 Disclosure Statement Virguda 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. 1 r _� AP 'CANT'S SIGN RE PRINT NAME / ^ DATE /J Page 5 of Alan Zinke Agenda Item 4 Paee 11 Disclosure Statement OWNER Wpn YES NO SERVICE PROVIDER(use ammond sheets if needed) ® Accounting and/or preparer of I I your tax return ❑ ® Architect/Landscape Architect/ Land Planner ❑ ® the Purchaser W other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ▪ ® Engineers/Surveyors/Agents Financing(include current Union First Market Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers/ 111 ® 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 6 of 7 Alan Zinke Agenda Item 4 Page 12 Disclosure Statement • A wginrs Bead[ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this Application. 7 / AS 9W ‘.?/. ilk( � I�y DAT l APPLICANTS PE PRINT NAME DATE Page 7 of 7 Alan Zinke Agenda Item 4 Page 13 Item#J4 Alan Zinke Conditional Use Permit Home Occupation Retail Sales(Firearms) 2252 Creeks Edge Drive District 5 Lynnhaven September 13,2017 REGULAR Bob Thornton: Now we will address the remaining items on the agenda, and I'll ask the Secretary to handle that portion of the agenda. Jan Rucinski: Thank you Chairman Thornton. The first item to be heard today is an application of Alan Zinke for a Conditional Use Permit(Retail Sales—Firearms) on property located at 2252 Creeks Edge Drive, District 5, Lynnhaven. If the applicant would come forward please, please state your name for the record and then explain your application? Alan Zinke: Alan Zinke. And the application is for firearm transfer from my house. I want to say there will be no retail sales. There will not be people coming to the location and coming and browsing. That is not at all what's going there. There will be no retail sales at all. It is simply just transfers and background checks, which is transfer. Item#4 Alan Zinke Page 2 Bob Thornton: Are there any questions of the applicant Mr.Zinke? Ron. Ronald Ripley: I brought it up at the informal meeting. The day the Planning Commission drove by in the van. The garage door was open,and it looked like it was pretty wide open and we didn't go into your property or anything but it looked like your safes, your gun safes are in your garage? Is that correct? Do you normally leave that garage door open like that? Alan Zinke: yes. During anytime I'm working in there,which I have been doing a lot of lately. It's been a long time trying to get the place straight away, but when thinking positively,when I start my little business in there, the garage doors will be locked and closed at all times. And it is alarmed. And there are cameras all around the house and in the house. Ronald Ripley: I am just telling you what we saw.The door was open and the TV on. Alan Zinke: I didn't understand that. Ronald Ripley: It just looked casual, if you have fire arms there and I can't speak for other Planning Commissioners, but it was very different than what we normally see in these situations there inside the house, and if we never see anything from the outside. You say you would keep the garage door closed? Alan Zinke: Yes, it is not used as a garage. It is an office or will be an office. It is actually getting set up now. As the process progresses I'm setting up the office in there so we do have some stuff in there now so it has been open but as soon any business starts, it will be closed and locked for good. Item#4 Alan Zinke Page 3 Ronald Ripley: Thank you. Bob Thornton: Jack? Jack Wall: Good question. It is conditioned, but how many visits do you expect a month,an average for your transfers? Alan Zinke: With regards to transfers,which means somebody has already purchased an item from the internet or from somewhere else. They already own it but they have to come and go through a firearms dealer, which I did for 10 years, by the way. I did the same thing up in Chesterfield before we moved here. And, it is by appointment only. There will be nobody coming over just to come in and say:What you got? It won't happen. It is strictly by appointment. Somebody buys an item on line. It has to be shipped to a dealer which would be me. I call the owner who bought it, let him know it is in,set up a time for him to come by. He comes by,gives me his ids, I do a background check and if he is approved, which they always are because anybody that signs that paper,those Federal and State papers are going to be real. I have never come across an issue that is by appointment. I know I am limited by the number of transfers that I can do and I will stand by that. Jack Wall: Which is five. Alan Zinke: Yes. Item#4 Alan Zinke Page 4 Jack Wall: Thank you. Bob Thornton: Are there other questions of Mr.Zinke? Don Horsley: I got a question. Bob Thornton: Don? Don Horsley: If I want to buy a gun online how do I find out about you? How do you advertise to get your name out there? Alan Zinke: You know me from this or word of mouth or when certain people on line sell guns on line, like Brass Pro Shops. When I get this approved, I would call Brass Pro Shops and call all the people that I know who sell guns. I have to fax them a copy of my Federal Firearms License,they keep it on file, so if somebody goes on line and purchase a gun from the general area,the person buying it will say,where can I pick it up,and dealers will have my name there showing my address and phone number. He calls me, says I would like to do a transfer and then I communicate with the seller and make sure they have my FFL and which they will, and then they ship it to me. It is not my item. I don't own it. I receive it; put it in the ATF book showing that I received it,which is very specific what the rules we need to follow. You can imagine with the ATF. It goes into a safe. I call the owner,the purchaser. We set up a time to come by. He comes by and purchases. He is not allowed to possess it until he has passed the gun check. Item#4 Alan Zinke Page 5 Bob Thornton: Are there any other questions? Thank you,sir. Alan Zinke: Thank you very much. I appreciate it. Bob Thornton: We will close the public hearing. Jan Rucinski: We have speakers. Bob Thornton: Excuse me. Okay, pardon me. We go some opposition. Please call them. Jan Rucinski: Our first speaker in opposition is Joan Ryan. Joan Ryan: My name is Joan Ryan. I live at 2164 Marina Shores Drive,which is Long Creek Condominiums. My backyard is less than 50 yards from Mr.Zinke's garage, which you saw open. I come before you today in opposition of this application. I put together a package of 29 neighbors, notarized, that have signed in opposition to this. I personally witnessed 18 of the signatures,and my first concern with this is for the safety of myself, I'm single and live alone; my children, my grandchildren, and the other children in the neighborhood. I also question what this would have on property values. I have several other concerns,one being that the person, who is actually purchasing the gun, is the one who will be possessing the gun. And this is not a store purchase. Will there be a notary present to notarize the signatures? Also, on October 13,60 minutes did a special on Remington Arms Company.They have misfired rifles, and you don't even have to pull the trigger and the rifle misfired. Four out of 10 went off in this manner. The government can't recall guns.They can only recall toy guns. Only 1 in 4 Remington Item#4 Alan Zinke Page 6 guns have been fixed and they are still millions out there. I'm wondering if one these may end up in my neighborhood. And also there is a copy of my condominium documents. Item 6,the last two pages from the packet I gave you says it should be for residential use except to vote, 19.2 which I referenced and that was in order from the developer to be able to sell condominiums out of one of these units. I don't think the intent was to have guns or anything else there. And in conclusion, I just wanted to thank you again. Sorry, I have the wrong glasses on. I want to thank you again and state that I adamantly opposed this application, and I hope you do too. Thank you very much for your time. Bob Thornton: Thank you. Hold on. We may have question or two for you. Does anybody have a question for the speaker? No,thank you. Jan Rucinski: Our next speaker is Amanda Thompson. If you can, please state your name for the record? Amanda Thompson: Amanda Thompson. We live at 2208 Cape Arbor Drive, and I got a message in the mail saying that someone was planning on selling guns right next to where we live. And I don't think that I want my daughter growing up in an area where my neighbor has a garage full of guns. I mean, it is fine for those who want to purchase them and have them in an appropriate area but I don't think an area right next to my daughter is appropriate. That is all that I have to say. Bob Thornton: Thank you. Jan Rucinski: Okay.Our next speaker is Robert Sully. Item 44 Alan Zinke Page 7 Robert Sully: Good afternoon, my name is Robert Sully. I live at Long Creek Cove, 2145 Marina Bay Cove. I live directly across the street from where the proposed sales are and already I've seen an influx of cars in the neighborhood driving by this gentleman's house just to read the sign, so there has been numerous cars driving by the neighborhood just to see the sign, so they already know that there is a proposition that you might approve the sale of guns. Even after a week after the sign went up, I saw somebody smoking a joint in front of the house, and I'm looking and saying this will bring some kind of unseedy characters to the neighborhood, even though they are not looking to purchase but possibly to steal. There are kids that go up and down in front of Mr.Zinke's house all the time. I see them all the time. I have two grandchildren there and I strongly oppose. We're trying to get guns off the street not back onto the street, and if people need guns that much,they can go to a gun show or something where it is more authorized, more controlled. This is a residential neighborhood where residents live, and we do not think it would be a good idea to have guns being sold from this gentleman's property. Like I said before, and I'm repeating it, but people have driven by numerous times just looking at the sign,so they know already that there is a chance you might approve the sale of guns in a residential neighborhood, and I strongly disagree, and I hope you do not vote for this proposal. Bob Thornton: Thank you. Are there any questions of Mr.Sully? None? Thank you, sir. Jan Rucinski: That was our last speaker. Bob Thornton: Mr. Zinke, if you care to have any rebuttal of any of the comments you have time at the podium. Item#4 Alan Zinke Page 8 Alan Zinke: Actually no, I don't. Thank you very,very much. I do appreciate the opportunity though. Bob Thornton: Thank you.With that then will close the public hearing and open it up for discussion amongst the Commissioners. Are there any thoughts or comments? David Weiner: I guess I'll start. Mrs. Wilson,can I ask you ,and I know there is a certain law what it is supposed to be when we can't think about doing firearm sales. Can you just enlighten us on that information again please? Kay Wilson: Firearms are a unique quantity in the Commonwealth of Virginia and in order to deny an application for firearm sales, you have to deny that because of the sale, not because they are a firearm. This is just like any other retail sale in this neighborhood and any objection you have has to be land use related, not related to the firearm itself. Bob Thornton: Ron? Ronald Ripley: But it is a Conditional Use Permit.There is a reason for the Use of that and that is to determine if it is compatible for the neighborhood,and if you feel it is not compatible, I believe we could recommend what we would like to recommend. Is that not correct? Kay Wilson: On land use issue, yes sir. Item tt4 Alan Zinke Page 9 Ronald Ripley:Okay. Bob Thornton: Jack. Jack Wall: Getting back to David's,and Kay's comment,there is a condominium association bylaws that are included in here. Does this have any effect on land use? Kay Wilson: The City of Virginia Beach does not regulate condominium documents. We don't enforce them. Therefore, in order to have any kind of decision made,as to whether or not this is permitted by the condominium documents, it would require the residents to go to their homeowners' association to enforce those. Ronald Ripley: Can I ask a question of Mr. Davis? Bob Thornton: Sure. Ronal Ripley: Did you do any kind of search to see if there are any other home occupations in this particular neighborhood, i.e., child care or anything like that? Did anybody look at that? Robert Davis: Can you hear me? I reviewed the application based on compatibility. Can you tell me more about your question? Item#4 Alan Zinke Page 10 Ronald Ripley: Well this is a home occupation and my question is; are there any other home occupations in the neighborhood that sets any kind of precedence for that? Robert Davis: In doing my zoning history,there were no other home occupations that were Conditional Use Permits that have been issued in this neighborhood. Ronald Ripley: Okay. Thank you. Bob Thornton: Other questions? Jeff Hodgson: I'm just surprised by the volume of this package. I just think we've doing these a long time. We've seen a lot of these applications. I have never seen 29 signatures against something like this before. This has kind of caught me off guard when I looked at it. It kind of surprised me. Bob Thornton: Well,would somebody like to make a motion? David Weiner: I would like to make a motion. I just don't have that. I didn't like seeing the garage door open with five safes sitting out there.To me,you can't live like that. We can't talk about that, but it is in a neighborhood,and it is a Use in the neighborhood, but I just didn't like that. And,that to me,just doesn't sit well. Ronald Ripley: I'll put a motion up. I want to make a motion to deny. Item K4 Alan Zinke Page 11 Bob Thornton: Do I have a second? Mr. Ripley move to deny. Is there a second on that motion? David Weiner: I'll second it. Bob Thornton: A motion for Mr. Ripley and a second from Mr.Weiner. We are ready for the vote. AYE 10 NAVO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,the application of Alan Zinke has been denied. \A‘ \ ,.,,\ \ . . . .. .... • , \ \ •„k \ \ \ \ \ X‘, 7 \ \ \• \ ,-," ,&. ,, .., • , ,.....'" \ \ \ \ ,..'" \ \ \ \ \ '', '''''' -^ • .• . . . . .r.' .. ..." `---- ., I . • . . . Ni) . • . . • • .• TIJ --....., • . .. ''' • ., -2 4 410.>k \ .„,.., ... , \ . ., . 'o\ \v3 \ . . , N . . ; N) •. . 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I \-..\\• -\\ \\-\ \:\-\---\ '' .'s \ ' ' -, . .. .,-. • -•.\\- \\.• \\\\N ''• - - ‘•\‘` \ \ \ \\\'''„,„s•\. . .... ,\\ --, . - ‘.. -.„ ., \ , . \ ;:-\‘‘,\\, \,.,\ \\\N \ ,. , . \-•-•-- Ci. . .. . . ... . . • . . i \N \\- \\ ' \ --•-•....,,,,, • , . r II . ,,i, ...._, • 0 .....14 i • II 5—.--- ---"' rs ; Var-4 / mg% ,. ,, • I i.- '- ...._ .-- 11\3 4 . L_ k /„..- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOLLAND SOUTH INVESTMENTS, LLC [Applicant & Property Owner] Conditional Change of Zoning (B-1A Limited Business District to Conditional B-2 Community Business District) 3420 Holland Road (GPIN 1486823088). COUNCIL DISTRICT— ROSE HALL MEETING DATE: October 17, 2017 • Background: The applicant requests to rezone the property to Conditional B-2 Community Business to enable additional uses on the site, specifically a Tattoo Parlor and Body Piercing Establishment for the beauty school tenant. Based on this, a Conditional Use Permit, in conjunction with the rezoning request, is also requested under separate cover. ■ Considerations: The proposed rezoning will expand the permitted and conditional uses for this site. In order to ensure compatibility with surrounding properties, the proffers specifically exclude the more intense uses in the B-2 District, such as animal pounds, shelters or commercial kennels, liquor stores, automobile repair garages, automobile service stations, and bars or night clubs. 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 10-0, to recommend approval of this request. Holland South Investments, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa •. -ntiAgency: Planning Department,, EvamL. _ (' ) City Manag> Applicant and Property Owner Holland South Investments, LLC Agenda Item Public Hearing September 13, 2017 City Council Election District Rose Hall 5 t tty of Virginia Beach Request ""°"°°m.o, " Conditional Rezoning (B-1A Limited 1. Community Business to Conditional B-2 " A,haway Road Community Business) ,ed �6 70.75 dB DNL Staff Recommendation �,,.�� . v Approval e 3 E f F °� a 65-70 dB DHL ��N "S ? j Staff Planner s°� Jonathan Sanders a,•°to, APzt Location T.1 1. 3420 Holland Road 1 sec ``h GPIN .7a"P69. 5 1486823088 Site Size 1.36 Acres AICUZ 65-70 dB DNL; Sub-Area 3 Watershed �: "f • Air J. ,.- • Chesapeake Bay x Existing Land Use and Zoning District i d" ,`1 •" # , , •: , Mixed retail/ B-1A Limited Community Business : � , ,,,.„ • vo , r: Surrounding Land Uses and Zoning Districts '. ,,, .�'' North r.) / . Stoneshore Road r +' Religious use/A 12 Apartment 34'►,.!'' - ,."o;r« , South ' -� t: '' -v Y,��`.,.. , \ Health clinic/O 2 Office !' ' ,.% "' ' r -/_ , East -- Office/0-2 Office t' ../..**- 4 • ��' West ;,a - a _ ?. Holland Road Auto sales/ B-2 Community Business Holland South Investments, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The 1.36 acre parcel is at the northeast corner of Stoneshore and Holland Roads and is currently zoned B-1A Limited Community Business. It is currently developed as a strip shopping center. • In April of 2017, the City Council approved a Modification of a Conditional Use Permit for the expansion of a Vocational School (beauty school) within this shopping center. • The applicant requests to rezone the property to Conditional B-2 Community Business to enable additional uses on the site, specifically a Tattoo Parlor and Body Piercing Establishment for the beauty school tenant. A Conditional Use Permit has been submitted in conjunction with the rezoning request under a separate applicant (Item 6). • The proposed proffers specifically exclude the more intense uses in the B-2 District, such as animal pounds, shelters or commercial kennels, liquor stores, automobile repair garages, automobile service stations, and bars or night clubs. ,� \ 075 tl0 Dhl PD-H; \ \ A-12 .� A,12 Zoning History `\ 4,1° 7 # Request 1 MOD(Business&Vocational School)Approved 04/04/2017 g�°�� CUP(Business&Vocational School)Approved 03/03/2015 CUP(Child Care Center)Approved 02/08/2005 44 CUP(Religious Use)Approved 11/23/2004 t 0-2 CUP(Religious Use)Approved 11/27/2001 a 4 * / 2 / CUP(Religious Use)Approved 10/10/2000 a � CUP(Religious Use)Approved 11/22/1994 B-2 .0,9 2 CUP(Religious Use)Approved 07/14/2009 e_2 3 CUP(Religious Use)Approved 04/08/1992 Al?- 4 MOD(Auto Repairs&Service)Approved 02/28/1995 PD,H1 / 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. Holland South Investments, LLC Agenda Item 5 Page 2 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed with a shopping center and a parking lot, there are no known significant natural or cultural features present. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 28,116 ADT 1 22,800 ADT 1(LOS 2"D") 27,400 ADT 1(LOS 2"E") s No Change Anticipated Stoneshore Road No Data Available 6,200 ADT 1(LOS 2"C") 11,100 ADT 1(LOS 2"E") 'Average Daily Trips 2 LOS=Level of Service 3 Based on the rezoning from B-1A Limited Community Business to Conditional B-2 Community Business Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP proposes a six-lane facility within a 165-foot right-of-way. There are currently no roadway CIP projects to upgrade this section of Holland Road. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The request to rezone this parcel from Conditional B-1A Limited Community Business District to Conditional B-2 Community Business District, which will expand the permitted and conditional uses for the site, will be, in Staff's view, compatible with the surrounding commercial and residential land uses. The proposed rezoning will enable a tenant to expand their services to include a Tattoo Parlor and Body Piercing Establishment. The application for the Conditional Use Permit is covered under Item 6 of the Staff's reports for this month. The proffers specifically exclude the more intense uses of the B-2 District, such as animal pounds, shelters or commercial kennels, liquor stores, automobile repair garages, automobile service stations, and bars or night clubs. Based on the reasons above, Staff recommends approval of the rezoning request subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Holland South Investments, LLC Agenda Item 5 Page 3 Proffer 1: The Property is developed with the "Holland South Shopping Center" substantially shown on that certified and sealed Physical Survey of 3420 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", dated 8-31-05, prepared by Ward M. Holmes Land Surveyor, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Physical Survey"). Proffer 2: The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-2 Zoning District under the Grantee's C.Z.O., with the following exceptions, which are not permitted: a. Animal pounds, shelters or commercial kennels; b. Building Mounted Antennas; c. Boat Sales; d. Commercial Parking Garages, Parking Structures and Storage Garages; e. Wholesaling and Distribution Operations; f. Grocery Stores, Carry-Out Food Stores and Convenience Stores; g. Liquor Stores; h. Colleges and Universities, public or private; i. Communications Towers; j. Mini-Warehouses; k. Automobile Repair Garages; I. Automobile Service Stations; m. Bars or Nightclubs; or n. Borrow Pits. Proffer 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City code requirements. Staff Comments: The proffers listed above are acceptable. 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 Holland South Investments, LLC Agenda Item 5 Page 4 Existing Site Layout Z C.- -0 PARCEL M 10'DRAINAGE k o UTnUr/ SMT 81k00' M.B.141 PG.7 1 \ -r,w TEL (TYPICAL) \ _�At, S 27'18'55' E 237.46' __ 0.. �II•l 'S.0 P 1 ): 1 r .� n t7 Z;CON'::U :TFT— � a'.��1 ;pAhs1 w 1.2'• � 82.6' N1.2 Y 54.3' ;;;1.21-: 64.0' `�S \ • T • •• k �0`�0 �� • 5'DRAINAGE & �` • N u 133 ,A13 �' \ UTILITY ESAIT �\ 1.2'x! 82.7' • �fy'�'o 54.2' �01;Qo27.9'R \ 1A.8.141 PG.7 13 WATER �1 i l l�l 1 1 1 . METEN5 Ti Q L Ce O,\ 0'A ''' PARCEL N • \ 752, LAI iy3 uoHT \ • k \T\YVICAL) itintryptcAo J►, off. •l i i 1,... . 1ASPHALT)il '.�� 'LAI'• ) 1 'S 01 EXISTING PEFMIANEN T ki',4 SAN r" —. _ , i \--., - • `\ f 018o PG.559TV 18. r • _ _ PEDs N 14ti3''J£i E y—=,;c'r'' :• —. • — — -� -- .'�;.tet -T—n—-_ —• • PP N 28'41'38" W 150.08' I —Ft: �`---=_-.�• . •P' 71.75 NS TEMPORARY CD �7 Lm75.32' mote R•471.75' - M.Ba41 PG.7 o0.v.64 P. 237ESML175.32' N 28�4t3 W D.8.I643 PG-237 HOLLAND ROAD (VARIABLE MOTH R/W All B.141 PG.7) . T /4:4 Qi�1,TH Ot'G\ TIONS) ._ 0 <f ND WARD�.RUES 4'1 1 O CIRTINCATF Na1;" x 7. 10 1403 y 7 REGULAR 63•••1 �tiURS `rt`,A� Holland South Investments, LLC Agenda Item 5 Page 5 Site Photos /.... , lir I, 3420 ,OLLAMD SOUTH ru��u �t ...n�aurrt sen' '10,2a li i Y _ +ra P Y _ __ _ -ss_ r.- 1. t \ ,.,- - • - \ \ •- \ r�+-.. - - .. ..ypi — - Holland South Investments, LLC Agenda Item 5 Page 6 Disclosure Statement NB APPLICANT'S NAME Holland South Investments, 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 __._._ I Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for , (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate ria 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 H]RC,r USE ONLY/All d.=noswe,c.LIU w uPdew]nm l[ weeksc„oimdriy Page I of 7 Pd.um Cori BLOMvndrnC memo that e to the a .e,musl I APPLICANT NOTIFIED OF HEARING Or I F VI NO CHANCES AS OF OPtt 0/SIj7 US Jonathan Sanders REVISIONS SUBMITTED JAIL I Holland South Investments, LLC Agenda Item 5 Page 7 Disclosure Statement Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. r Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Holland South Investments, LLC If an LLC, list all member's names: Diane S. Monroe, Frank M. Monroe,Jr. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 • , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Avvlicant. El Check here if the pROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck 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 Holland South Investments, LLC Agenda Item 5 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporatbn.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or empbyees 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. • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Holland South Investments, LLC Agenda Item 5 Page 9 Disclosure Statement APPLICANT Virgin YES NO SERVICE PROVIDER(use adddonal sheets if needed) ® ❑ Accounting and/or pre parer of Cavanaugh Nelson,PLC',Curt Geske your tax return ▪ flArchitect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ZThe Aoolicant)- identify purchaser and purchasers service providers Any other pending or proposed ▪ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ▪ ® Construction Contractors ® n Engineers/Surveyors/Agents Ward M.Holmes Land Surveyor,P.C. IT Financing (include current TowneBank ® I I mortgage holders and lenders IT selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Sykes,Bourdon,Mem&Levy,P.C. Real Estate Brokers/ fl Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Holland South Investments, LLC Agenda Item 5 Page 10 Disclosure Statement NB Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ([Application. 44,24-t. Diane S. Monroe,Manager 6/30/17 APPLICANTS SIGNATURE PRINT NAME DATE Holland South Investments,LLC Page 5 of Holland South Investments, LLC Agenda Item 5 Page 11 Item 85 Holland South Investments, L.L.C. Conditional Rezoning 3420 Holland Road District 3 Rose Hall September 13, 2017 CONSENT An application of Holland South Investments, L.L.C.for a Conditional Rezoning(B-1A Limited Community Business to Conditional B-2 Community Business)on property located at 3420 Holland Road, District 3, Rose Hall.GPIN: 1486-82-3088-0000. PROFFERS PROFFER 1 The Property is developed with the "Holland South Shopping Center" substantially shown on that certified and sealed Physical Survey of 3420 HOLLAND ROAD,VIRGINIA BEACH,VIRGINIA", dated 8-31- 05, prepared by Ward M. Holmes Land Surveyor, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Physical Survey"). Item g5 Holland South Investments, L.L.C. Page 2 PROFFER 2 The Property may be used for those uses(permitted or with an approved Conditional Use Permit) as allowed in the B-2 Zoning District under the Grantee's C.Z.O., with the following exceptions,which are not permitted: a. Animal pounds, shelters or commercial kennels; b. Building Mounted Antennas; c. Boat Sales; d. Commercial Parking Garages, Parking Structures and Storage Garages; e. Wholesaling and Distribution Operations; f. Grocery Stores, Carry-Out Food Stores and Convenience Stores; g. Liquor Stores; h. Colleges and Universities, public or private; Communications Towers; j. Mini-Warehouses; k. Automobile Repair Garages; I. Automobile Service Stations; m. Bars or Nightclubs;or n. Borrow Pits. PROFFER 3 Item 145 Holland South Investments, L.L.C. Page 3 All outdoor lighting shall be shielded,deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City code requirements. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 5. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#5 Holland South Investments, L.L.C. Page 4 By a vote of 10-0,the Commission approved item 5 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. S4can B Oh' OF L ale �= CITY OF VIRGINIA BEACH �'�,(s INTER-OFFICE CORRESPONDENCE ". .. 0" In Reply Refer To Our File No. DF-9925 DATE: October 6, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson W. DEPT: City Attorney RE: Conditional Zoning Application; Holland South Investments, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 17, 2017. I have reviewed the subject proffer agreement, dated June 30, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom HOLLAND SOUTH INVESTMENTS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30th June, 2017, by and between HOLLAND SOUTH INVESTMENTS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Rose Hall District of the City of Virginia Beach, containing approximately 1.363 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-tA Limited Community Business District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1486-82-3088-0000 PREPARED BY'. � - U SMS.POUItDON. Prepared by: 1'I_ ANEkN&LtVI',V.C. R.Edward Bourdon,Jr., Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pm pito for zoning, rezoning, site plan,building permit,or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: The Property is developed with the "Holland South Shopping Center" substantially shown on that certified and sealed Physical Survey of 3420 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", dated 8-31-05, prepared by Ward M. Holmes Land Surveyor, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Physical Survey"). 2. The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-2 Zoning District under the Grantee's C.Z.O., with the following exceptions, which are not permitted: (a) Animal pounds, shelters or commercial kennels; (b) Building Mounted Antennas; (c) Boat Sales; (d) Commercial Parking Garages, Parking Structures and Storage Garages; '(e) Wholesaling and Distribution Operations; (f) Grocery Stores, Carry-Out Food Stores and Convenience Stores; (g) Liquor Stores; PREPARED BY (h) Colleges and Universities, public or private; 13 SYKEt ROURDON. (i) Communications Towers; Rh. ARERN X LEVY.R.C. Q) Mini-Warehouses; (k) Automobile Repair Garages; (I) Automobile Service Stations; 2 (m) Bars or Nightclubs; or (n) Borrow Pits. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be PREPARED BY vested with all necessaryauthority,ori ty, on behalf of the governing body of the City of Virginia F SYkt$. ROIIRUUN. K L AHERN&LW P.C. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such 3 conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: au SYeE$.BOURDON. AALRN&LEVI'.PC 4 WITNESS the following signature and sea]: Grantor: Holland South Investments, LLC, a Virginia limited liability company By: kJi�a�c . c r�....-� (SEAL) Diane S. Monroe, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 30th day of June, 2017, by Diane S. Monroe, Manager of Holland South Investments, LLC, a Virginia limited liability company, Grantor. irybi 77)Vey Notary Public My Commission Expires: August 31, 2018 �'••'•• Notary Registration Number: 192628 ' (( 11V31) O PREPARED BY. SPL'ES.ROURDON. ANIRN&IIYI'.VC. 5 • EXHIBIT "A" ALL THAT certain tract, piece or parcel of land with the buildings and improvements thereon, currently known as 3420 Holland Road, situate, lying and being in the City of Virginia Beach, Virginia, numbered and designated as Parcel N, as shown on the certain plat entitled, "SUBDIVISION PLAT OF PROPERTY OF ARAGONA-GARCIA ENTERPRISES, INC.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book tot, at Page 7. GPIN: 1486-82-3088-0000 H:\AM\Conditional Rezoning\Holland South Investments\Proffer Agreement.doc PREPARED EN: li SYU'ES. ROURDON. 1I. ABERN&LEVY.P.C. 6 . , ,..•■mu mil w•..._ A a 1 I MI I I I I im. 1 . . \/ .(s.\...\\\>1 N,\ .-, •-,., '•$, •)o' ' , r 71 i- / , „ ,`,, .-‘ 1 f r . N. \ . ,.. , -- , / .. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OANH DANG [Applicant] HOLLAND SOUTH INVESTMENTS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor & Body Piercing Establishment) 3420 Holland Road (GPIN 1486823088). COUNCIL DISTRICT — ROSE HALL MEETING DATE: October 17, 2017 • Background: In April of 2017, the City Council approved a Modification of a Conditional Use Permit for the expansion of a Vocational School (beauty school) within this shopping center. Under separate cover, the applicant requests to rezone the property to Conditional B-2 Community Business to enable additional uses on the site, specifically a Tattoo Parlor and Body Piercing Establishment for the beauty school tenant. The school proposes to offer courses in microblading, which is the application of permanent make-up. Based on this, a Conditional Use Permit, in conjunction with the rezoning request, is requested. • Considerations: It is anticipated that up to two employees will be onsite, and the business will typically operate during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. No changes are proposed to the building or to the site layout. Prior to operating the tattoo studio on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. The Planning Commission did add a fourth condition that limits the type of tattooing performed on site to microblading. 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. 1. A business license for the tattoo parlor and body piercing establishment shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. Oanh Dang Page 2 of 2 2. The actual application of tattoos and body piercings shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of the signage. 4. Tattooing on site shall be limited to microbladinq, permanent makeup and other customary cosmetic applications associated with the Beauty School and salon. Advertising for any other type of tattoo application from the subject site except as specified above, shall not be permitted. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. m- ! :ency: PlanningDepartment� ,�j � y�di City Manager: ilk La •-a- -_ IN)F.3 Applicant Oanh Dang Agenda Item Property Owner Holland South Investments, LLC Public Hearing September 13, 20176 City Council Election District Rose Hall Virginia Beach Request d ",,,e o,,. Conditional Use Permit (Tattoo Parlor& Body � o 1. Piercing Establishment) Ash W V Road i a Staff Recommendation d! . cryo 6a 70.75 dB ONL Approval a f Eg - Staff Planner 55-70dBONL ,1 00 c �s . Jonathan Sanders 1 1 4.0 APZ2 t it Location1. �, 3420 Holland Road s. GPIN �,cc`COJ` E% p,6 vr emetic° Md``C 1486823088 5� Site Size 1.36 Acres AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District x - r- Mixed Retail/ B-1A Limited Community �' *k• 'i- Business ! f p i•. t - -1.:,1/4i , Surrounding Land Uses and Zoning Districts ' \ - ' ,t North �•! !; , talk \V•41,- . Stoneshore Road '� ' 1 , `' , /\, Religious use/A-12 Apartment : Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 22,800 ADT 1(LOS 2"D") Holland Road 28,116 ADT 1 27,400 ADT 1(LOS 2"E") No Change Anticipated3 6,200 ADT 1(LOS 2"C") Stoneshore Road No Data Available 11,100 ADT 1(LOS 2"E") 1 Average Daily Trips 2 LOS=Level of Service 3 Based on the rezoning from B-1A Limited Community Business to Conditional B-2 Community Business Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP proposes a six-lane facility within a 165-foot right-of-way. There are currently no roadway CIP projects to upgrade this section of Holland Road. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for Conditional Use Permit for Tattoo Parlor and Body Piercing Establishment is acceptable. In Staff's opinion, these uses are compatible with the surrounding commercial uses and are consistent with the Comprehensive Plan's land use policies for the Suburban Area. Prior to operating on the site as a Tattoo Parlor and Body Piercing Establishment, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. A business license for the tattoo parlor and body piercing establishment shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos and body piercings shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of the signage. Oanh Dang Agenda Item 6 Page 3 4. Tattooing on site shall be limited to microblading, permanent makeup and other customary cosmetic applications associated with the Beauty School and salon. Advertising for any other type of tattoo application from the subject site,except as specified above, shall not be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site Oanh Dang Agenda Item 6 Page 4 Site Layout 1P 1 Z C -p Unit PARCEL M 10' DRAINAGE & o �� LIMITY ESMT M.B.141 PG.7- - \ Nip_ PEG A", (TYPICAL) \ 6 _ .___\ y Gfnl� `IR(�— — 1L2718'55" E 237.4 - ELEC 1-11 25.0' — - --- • TRANS v' r 1 n n Ca no ; n o1CONC:_: :::.; ❑ i:2i., 82.6i.2'Z 54.3' N1.2'N 64.0' \ •• TiA Sp • S r'119y O\ • N '�1� °,' 0 5' DRAINAGE & U 1 p 0 p o N 13.3' .' �' \ UTILITY ESMT 41 T-"'1 1.2'(+ - 82.7' j 1.2'0. 54,2' io1.2'io27.9.0i �, `2 cd) M.B.141 PG.7 w EI�\ ' o 1.: kU=I I ( 9 4 0 \ j6+ -,1 .a0 OO • Z to ``I PARCEL N ��\ �` �_ :LO 0' s O 1 o. 11.-..-c:).111',.\„:\, :�\ A1/C PAD N inl+, UGR7 I I i i3 0 ,1• `� (TYPICAL) POLE •. (TYPICAL) ti Z `�; Unit 7-ASPHALT-if ,:z: -CP. ' F \\‘... EXISTING DERMA ____.1 __I___ LI_ li, _ •:: _:"'L _______ _ DRAINAGE ESI O SIGNI 11 — -7- Iii \\ DRAINA0 P0.5 T--- �� TV �r,_u� ��• .� 4 — 4. PEDS -=o/E ED PP N 26'41'38" W 150.09' R=471 ; � -� IP �m •L-Ip 5' TEMPORARY 7S� : •� • _ coNsTRucnoN ESMT l L-75.32' coNc Rm471•75. - M.B.141 PG.7 15' V.E.P.CO. ESMT 25.10' CDI 0.8.1643 PG.237— ‘=75.32 N 26'4138- W HOLLAND ROAD (VAR/ABLE WIDTH R/W Md i4i PG.7) off: ;" H Op 4-./•,,WARD E1.HOLMES pry O0 CERTIFICATE No. y 1103 ca,..,,... I'/ 147' - 8.3/•Pee. *0 SUR`I Oanh Dang Agenda Item 6 Page 5 Site Photos `. t20 SOUTH i Now Lir tIse now I if tlfe.ltpl .... m-.."-- , ,,, re:- I liti/I . 1 co :4 \ -t lel? 1 lk As ar y iff r4 't.':-,1" : _ Oanh Dang Agenda Item 6 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Oanh Dang 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. 4 ' SECTION 1 / APPLICANT DISCLOSURE Page I of 7 I0/5/1? JS Jonathan Sanders Oanh Dang Agenda Item 6 Page 7 Disclosure Statement nt., Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 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 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 nrowrtv owner is different from Aaolirant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:Holland South Investments, LLC If an LLC, list the member's names:Diane S. Monroe, Frank M. Monroe, Jr. Page 2 of 7 Oanh Dang Agenda Item 6 Page 8 Disclosure Statement .V,,.✓Y� Virginia Beach If a Corporation, list the names atoll officers, directors, members, trustees, etc below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the wting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person owl 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 rose working relationship between the entities? See State and Local Government Conflict of Interests Act, Va.Code§ 22-3101. • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Oanh Dang Agenda Item 6 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(useaddmonm sheets if needed) ❑ ® Accounting and/or pre parer of your tax return fl Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than SILs Anolicant)- identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ® Engineers/Surveyors/Agents Ward M. Holmes Land Surveyor,P.C. Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers/ ▪ ® Agents/Realtors for current and anticipated future sales of the subject property a ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ m 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 Oanh Dang Agenda Item 6 Page 10 Disclosure Statement Virginia ser,+, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. SII understand that, upon receipt of notification that the application has been scheduled for public hearing, I am sponsible for updating the information provided herein two weylts pri to the Planning Commission, Council, VBDA meeting, or eeting of/any lic body or committee in connection with this Application. •_ AGPLICANP{ yATO PRINT NAME DATE Page 5 of Oanh Dang Agenda Item 6 Page 11 Disclosure Statement OWNER `ViirginiaBeach YES NO SERVICE PROVIDER(useadditional sheets if needed) ❑ Accounting and/or preparer of Cavanaugh Nelson,PLC;Curt Geske your tax return ❑ VI Architect/Landscape Architect/ VI Land Planner ❑ ® Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed D ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) ❑ ® Construction Contractors ® ❑ Engineers/Surveyors/Agents Ward M.Holmes Land Surveyor,P.C. Financing (include current ToymeBank mortgage holders and lenders �� ❑ selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services Sykes,Bourdon,Mem 8 Levy,P.C. Real Estate Brokers / ❑ 0 Agents/Realtors for current and anticipated future sales of the subject property e , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Oanh Dang Agenda Item 6 Page 12 Disclosure Statement Virginia!ncad, CERTIFICATION: I certify that allofthe information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been I 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.pl� /V(a,, z �' . S �oww" ,A,Na S MaN P-0&- s(3o//7 PROPERTY OWNERS SICNAMRE PINT NAME DATE J Page 7 of 7 Oanh Dang Agenda Item 6 Page 13 Item#6 Oanh Dang Conditional Use Permit Tattoo Parlor& Body Piercing Establishment 3420 Holland Road District 3 Rose Hall September 13, 2017 REGULAR Jan Rucinski: Our next item is the application of Oanh Dang for a Conditional Use Permit(Tattoo Parlor and Body Piercing Establishment)on property located at 3420 Holland Road, District 3, Rose Hall. I guess I don't have to tell you to state your name for the record. Eddie Bourdon: For the record, Eddie Bourdon, I'm a Virginia Beach attorney. I represent the owner of the center,which was case number 5,and I'm assisting the tenant,whose establishment.The beauty school has been in this center in the units they are occupying for over 16 years,and I expected this to be on the consent agenda. I understand that there was some discuss this morning about,well,let me back up. The owner of the center made it very clear to me from day one when she contacted me that they would never permit or lease space for a tattoo parlor in her center. And, I gather there was conversation or there is concern about the fact that this establishment is occupying, and has occupied for over 16 years, a separate space within the center. And,to do derma writing and piercing ears and body piercing, I didn't even realize until I heard this when I got down here today,that's also is the same thing as tattooing. And, I think the smarter way to deal with this is to suggest that there be a condition. Because the condition is recommended by staff,which we totally agree with, I think is sufficient. But if you want to suggest that there be not be any tattooing in the center, we don't have a problem with that because there is not going to be any. But to suggest that this beauty school has to do its derma blading in one section of its school versus the other, I'm not going to sit here and fall on my sword and tell you we'll take a denial. If you want to do that, do that. It just seems almost absurd to me but I know that what the ordinance says but they are not the same use. With that, if you want to add a condition,we don't think it makes sense that they can only do the derma blading or the body piercing in one section of their establishment versus another,you can use the left end 101& 102, but it just seems rather ridiculous. But whatever you all want to do. Bob Thornton: Jan. Jan Rucinski: I have a question but maybe I misunderstood the application, but I thought she was already in one unit, and she wanted to open the second unit in order to do that. Eddie Bourdon: No ma'am.They have been there in those years for 16 years. Jan Rucinski: I misunderstood that. Eddie Bourdon: And I'm sorry, I wasn't at the informal. Jan Rucinski: That is why I thought we had this coming before us because she was expanding her beauty school, so to speak,to provide this. Item #6 Oanh Dang Page 2 Eddie Bourdon: No. They, I believe have been doing Timberlake for some time but they are. I don't know that for a fact, but I believe that is the case, and because your Zoning folks are going around and checking places,that is why this is coming before you. It is a beauty school.They do derma blading and they are perfectly content to do it in one end versus the other but my point is that that landlord will not allow tattooing period. We don't consider what they are doing to be tattooing. And, if you want to put a condition on it that there be no tattooing,we totally agree with it. And, if that doesn't work,then you can limit it to the units 101 & 102, but it is the same school that has been there, same establishment that has been there all along. Bob Thornton: What caused us some concern about this was the word tattoo and you weren't there to help us this morning, but we have limits that say that have to be so many feet apart. So,you're saying in the condition to remove the word tattoo, and Kay told us earlier that what you want to do is legally thought of as tattooing but the word tattoo is what got us. Eddie Bourdon: And I totally understand that Mr.Chairman. My client,who owns the shopping center, is aware. Her intent from day one is to not allow tattooing in her center. And I'm not trying to make thing completely complicated. It's the ordinance that is not anything that you folks have any direct responsibility for, but I think two separate uses,ought to be two separate uses personally, but that is not the way the state code is written,that's the dilemma. But I think that the fact that it is an establishment,an existing establishment that's been there for 16 plus years where we're talking about in the center. It is not an expansion. That I believe is the wording of the ordinance that would cover this without any additional conditions but the extent that someone may want to have an additional establishment. The owner of the center will not allow tattooing in the center as we commonly all understand as body tattooing. And we think it is different than permanent eye liner or eye make-up. Ronald Ripley:The intent of the ordinance, I'm sure you understand that. We don't want to have tattoo parlors showing up every other place,so we wanted to try and separate them so that was the idea. Eddie Bourdon: I totally understand. Ronald Ripley: And, nobody understood what you said until you said it. One question I do ask is that if we grant this, if you did put language in there perhaps with no advertising of body tattooing. Because the Use Permit could transferred and if it said just tattooing, somebody could transfer it and it could become a tattoo parlor provided these conditions. Eddie Bourdon: You're absolutely right. If the ownership of the center changed that is correct, but again, I'm not trying to put something under the door here. My point would be have it provide that no tattooing can take place under this Use Permit then Kay says how do you define tattooing? Kay Wilson: If it says tattooing, why are you banning this? This is for tattooing and body piercing. If you're saying no tattooing, she can't microblade. Eddie Bourdon: If it says for micro-blading only. Bob Thornton: Kevin, our Zoning Administrator has his hand up. Give him a chance. Item#6 Oanh Dang Page 3 Kevin Kemp: I was just going to suggest that if you did want to put a condition you could word it such that tattooing be of the cosmetic or permanent makeup type and restricted to use within the beauty school. That use associated with the code won't let us distinguish between tattooing, but you could condition that it is associated with beauty school. Eddie Bourdon: I will also add that you can legally add a condition that the word tattooing would not be utilized in any advertising or signage on the property because that won't be the case,which should keep you from having people come in for tattoos and they are not going to be done at the beauty school anyway. Bob Thornton: Right now,we don't have another condition that is worded the way between Kevin,you and your client.Are you comfortable with what he's agreed to and you've just stated to make the condition read that way. Should we take a minute to write it before we vote on this? Kevin Kemp: If he is comfortable with the spirit of that condition, we can have that drafted up before Council to go forward with that amendment. Bob Thornton: Is everybody okay with that? Thank you Eddie. Eddie Bourdon: Thank you. Bob Thornton: Any comments? Jan Rucinski: There are no additional speakers. Bob Thornton: We'll close the public hearing and discuss this. Dave? Dave Redmond: First off, I want to apologize I had something this morning that caused me to miss this portion of the debate. I would like to make one point. The ordinance is the ordinance. So, I mean,we try to come up with these fine granular or distinction between various claims of tattooing. How is this not going to work? You are permanently applying ink to skin rather it's in the form of an eyebrow. It can be in the form of something like a butterfly on someone's lower back. The idea is that we're going to try and now sort of come up with these fine distinctions within the current text of an ordinance that says tattooing. I don't know how to do that but it is a problem of either up or down. Ronald Ripley: Dave, I think we didn't envision this in the ordinance. It is a fine line. I think we're trying to figure out,so sometimes it is a growing situation. In this case, I didn't realize that the applicant had been there 16 years and operating a school. That is what is being said. She just happens to fall under this bucket as far as approval. My concern when we voted on the changing of the ordinance a while back was that we don't have a situation where we look like, and no disrespect to the Naval base, but the Naval base when it used to be honky-tonk and I don't want our city to turn into that type of situation. Tattooing is acceptable. It is business and not a problem but we just don't need them bagged together. I hear what you're saying. It is a tough needle to thread and that is what we are doing here,but I think if you limit the no advertising of the tattooing and he agrees to not to do any tattooing, if he feels that is something he could. Item#6 Oanh Da ng Page 4 Bob Thornton: Jan. Jan Rucinski: I would think based on that it might be better to ask them to have that particular service out of just one suite or the other so that we don't run into something falling within that distance. Because I think what Kay is trying to say is that we can't really say you can't do tattooing because micro- blading is, according to the law,tattooing. So, I think it might be better to put a conditional of where it could be done at. Bob Thornton: I have a question for Eddie. Tell us if you can,she's got these two locations that are in the same shopping center.She has been there for many, many years. How were they operated today? Are they different businesses? Eddie Bourdon: Same business,same establishment, same ownership. Bob Thornton: It is just enough room under one roof? Eddie Bourdon: It has been that way from the beginning. Bob Thornton: So this is a new business is the microblading because it is tattooing it has to go through this process? Eddie Bourdon:The fact that they teach and provide microblading and body piercing you ears,and other fine parts some people may want pierced.That is why they are here. It is part of what they teach and a part of what they offer. It is a vocational school and a business. They offer those services. That's why we're here. Like I said, it is good discussion. We're going to and whatever you all decide,we can move forward, but it isn't as Mr. Ripley said,that is my understanding of this ordinance and why the 600 feet is there, and that is never ever going to happen here as long as this owner owns the center. Whatever you all recommend. We appreciate your time. Bob Thornton: Okay. Thank you. Mike. Mike Inman: 1100 percent support Ron's suggestion on how to deal with this. I understand Jan's point but I hate to have to limit a business person from being able to move operations in between the two suites that some business might need to pick up they need for space for that as well as the other suite, and I don't see any main gain in that. What we need to realize though, and I appreciate Eddie's cooperation on the additional condition,which we should do, but the landlord, I'm sure,doesn't want to permit tattoos but that may not be the landlord next month or next year,when they sell the property. We don't know if it is in a lease that prohibits any tattooing. We're not asking for a copy of the lease. We can just make an interpretation to it but,which I'm sure mayor may not be the lease. It might just be the attitude of the landlord that says simply we're not going to allow tattooing. So, I think we need the condition in there of no advertising. I think that will take care of the issue of this particular application based on its history and the type of operation that they seem to have for 16 years and want to continue. Bob Thornton: Any other?Jack? Item#6 Oanh Dang Page 5 Jack Wall: I'm fine with either moving to one facility or to just permanent cosmetic make-up. I kind of forgot which one is cleaner. Permanent cosmetic make-up condition or limiting it to one of the store fronts. Limiting it to one of the storefronts would align with the ordinance that is currently in place. I find it acceptable to do an occupation for limiting it to just permanent cosmetic make-up. Ronald Ripley: So, no advertising. Jack Wall: No advertising of course. Ronald Ripley: Just limiting it to permanent make-up. Bob Thornton: Are you guys taking notes down there on the bench? Dave? Dave Redmond: I still disagree with the extent that I think we are rewriting the ordinance in ways that we can't. We're trying to make a distinction that doesn't exist at all. I would suggest that not have an open front. I would suggest that,where Ron's going, I think gets us about as far we can get,which is the advertising part.You don't have something out on the street that says tattoos come here, if that is possible. Kay's rolling her eyes. But the rest of it, I think some of the stuff like a Conditional Use Permit for some of these.The applicant provides a particular kind of service,and teaches that particular kind of service,which is the micro-blading, about which I know next to nothing. And,the owner says that she doesn't want anything beyond that use in that shopping center. In some cases like this,where your hands are somewhat tied by what the ordinance says,that is all that we got to go on.And, I'm comfortable supporting the application, with the condition with regard to advertising. I'm not comfortable trying to tell them how they arrange things within the course of their business floor plan for their business to what works best and they can only do it in one suite but not that suite. I don't know what it gets us other than unnecessary tying of the hands of a business owner in terms on how they organize. I wouldn't tell a farmer how to do that. He knows how to arrange the land on which he is operating or a regular kind of manufacturing. It strikes me that being over intrusive and burdensome. So, I think the approach Ron works, and works as best as we are going to get given the conference that we have. Bob Thornton: Jeff and then Dee. Jeff Hodgson: I would like to a make a motion on this issue. Dee Oliver: No, I have a question because I think with all the conversation, I missed something. I just want clarity. The tattoo ordinance, is it 600 feet apart?That's the ordinance. Should the beauty school go out of business, and we pass this,and those two suites get rented again, does that transfer to them, to the new businesses. Kay Wilson:Yes. Dee Oliver:So you can have bookend tattoo businesses? Is the correct? Mike Inman: They can't advertise tattoo. Item #6 Oanh Da ng Page 6 Dee Oliver: But they can't advertise. I'm just trying to get clarity. The beauty school lady dies. I'm sorry. You know what type of business I'm in. She moves to Florida and she's out of business,and now we have an ordinance in place and two bookend tattoo parlors, how do we prevent the next? That is where Ron's going with this. It is not so much whether she's in one end or the other. Jan Rucinski:That is why I was suggesting that it could only be done out of one or the other. Dee Oliver: So, I'm just trying to make sure. Eddie Bourdon: I'm sorry to belabor this.The lease does not permit it. It is not something the City enforces. The lease does not permit tattooing. So, if this goes out of business and Mr. Inman's point is exactly right, if this goes out of business,the current landlord will not allow tattooing.She made that very,very clear. The landlord may not be there anymore, so;one way to do it is the way you all are talking about with this idea that I will only be allowed in one space versus the other. But I believe you can limit the advertising and I believe,and again Kay may disagree with this on the second part; I believe you can say it because we're agreeing to the condition. It is not your imposing it. We are agreeing to the condition that will only be derma blading, permanent make-up and body piercing and we're saying that the classic, body tattooing and the advertising of tattooing would be prohibited.That's what the owner of the property doesn't want,and it is not what this long term tenant is proposing or doing. So, if that's just too much then go with the other and move it on. Dee Oliver: I was just asking. Eddie Bourdon: It's a very good question. Dee Oliver: Due to the fact that we are within the ordinance so everybody just stops. Eddie Bourdon: Excellent question. It is a good discussion. Kay Wilson: I'm okay with the condition that the uses that will be allowed here will only be micro- blading, permanent make-up and body piercing. Then I think there will be no advertising for any other types of tattooing.You are making us define tattoo and it becomes a problem because it's already defined. So if we do both that way, I think we can go ahead and do these two petitions in the spirit of them. Bob Thornton: Are you okay with that Kevin? Kevin Kemp: Yes, and I've been taking good notes over here. Bob Thornton: Thank you sir. So, now are there any other questions before we have motion? I see none this way.Jeff? Jeff Hodgson: I make a motion to approve the application with the change in condition to state exactly what Kay said. Bob Thornton: Very legal. Do I have a second on that motion? Item#6 Oanh Dang Page 7 Jack Wall: I'll second it. Bob Thornton: Seconded by Jack. We're ready to vote. AYE10 NAY ABSO ABSENT1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the application of Oanh Dang has been approved with a change to condition with only allowing permanent makeup, microblading and body piercing. Bob Thornton: Is there any other further business for this body. If none,on behalf of my Commissioners, my fellow Commissioners and I thank everyone for attending today.Thanks to the Planning Director for his excellent work in preparing the agenda. Meeting adjourned. timet `t f,----- 1-V t 741 i \ Lr� t _ � A ri, --- i ... , lJ ___ ig S -r=.. II � ==ter^f y ,..__ ... _ s __--- . . \ ,,.\s,>,\‘s..‘, ------- Al ____---- __ _ ________— _ __ _ _,I`.4 . j_________ , InIs„.dittbril,4---- _____________----- __.-----:------- \ en%\ . inrA 1‘ 11\1114 1 , '� ` err _------------\ ____\_____-- ti 5 /2111 :11kli-i:: - ‘ \ \ \ 'IA \ , y -, X 1 ,f%' cl r� co C74 } Z v Wr `77t 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC WILDFOWL HERITAGE MUSEUM [Applicant] THE CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit (Open-Air Market) 1113 Atlantic Avenue (GPINs 2427255317, 2427255322). COUNCIL DISTRICT— BEACH MEETING DATE: October 17, 2017 • Background: The deWitt Cottage is owned by the City of Virginia Beach and leased to the Atlantic Wildfowl Heritage Museum. The museum is requesting a Conditional Use Permit for an Open-Air Market to allow a mobile vendor to operate on the south patio. Along with the Conditional Use Permit, the museum will also modify their existing contract with City to allow this additional use on the property. Specifically, the museum plans to work with a vendor to sell food and drinks on the property using a flat-top grill with seating under a single umbrella. As this proposed use is classified as an Open-Air Market, a Conditional Use Permit is requested. It is anticipated that one employee will operate the Open-Air Market, which will be open primarily from Memorial Day through Labor Day. ■ Considerations: The proposed mobile vendor will provide an additional revenue source to help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents of and visitors to Virginia Beach. The applicant presented this request to the Planning and Design Review Committee of the Resort Advisory Commission at their August meeting. The Committee recommended that the project move forward. Since the Planning Commission meeting, and in concurrence with Councilman Uhrin, Condition #4 has been added that an annual review of the Open-Air Market be conducted by the Planning Department. Further details pertaining to the proposal, 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 10-0, to recommend approval of this request. Atlantic Wildfowl Heritage Museum Page 2 of 2 1. The mobile vendor cart shall be located on the southern patio, as designated on the site layout on page four of this report. 2. No food trucks or other vendors shall be permitted to operate on this property as part of the Open-Air Market. 3. The grill shall be located no closer than 10 feet from any structure, or the minimum distance required by the Virginia Uniform Statewide Building Code standard, to maintain fire safety. 4. This Conditional Use Permit is approved for a period of one year with an administrative review by the Planning Director. The Conditional Use Permit shall continue thereafter with an annual renewal, if deemed acceptable by the Planning Director. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. I Submitting Dep. . :ency: Planning Department ' t/rjt t a V - f City Manager: I Applicant Atlantic Wildfowl Heritage Museum Agenda Item Property Owner City of Virginia Beach gil Public Hearing September 13, 2017 city of City Council Election District Beach 7 Virginia Beach Request 20,°" << Conditional Use Permit (Open-Air Market) z '"„',,.e1 lEthsl` ' Staff Recommendation K 1a cnts,,.”' Approval I ,,,, '< Staff Planner .0m sy.e w Jonathan Sanders 6570 dB DNL ,s11,s1 Location - ot,s e<< C, 1113 Atlantic Avenue ',t. GPINs ,nhsu<e,' �e,..,ee t u,e<,. 2427255317, 2427255322 �"' � ,,,,,, � <" 70-75 dB DNL\ ti1 tO'Si,<e' Site Size 15,651 square feet ""e�Me Alk, ,o.l,x'ee` AICUZ 65-70 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District .. 1 Atlantic Wildfowl Heritage Museum/OR Oceanfront Resort (Historic and Cultural >,` > ; • Overlay) , ' , ; • r 44. Surrounding Land Uses and Zoning Districts sr. 4 North , �4. Hotel/OR Oceanfront Resort ' - Y" +rY lit:tt South r • ` 141•11 it Hotel/OR Oceanfront Resort East Atlantic Ocean 114. 1, +`-R 2 Lit‘ West , Atlantic Avenue Multi-family dwellings/OR Oceanfront Resort Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant is seeking a Conditional Use Permit for an Open-Air Market to allow a mobile vendor on the south patio of the Atlantic Wildfowl Heritage Museum in order to provide an additional revenue source for the museum. The museum is located within the deWitt Cottage, which is the main structure on the property. • The property is owned by the City of Virginia Beach and leased to the museum and in June of 2017,the City Council created the deWitt Cottage Historic and Cultural Overlay District for this property. The museum will need to modify their contract with City and the City Attorney's Office is amenable to the request. • The applicant plans to work with a vendor to sell food and drinks on the property using a flat-top grill with seating under a single umbrella. As this proposed use is outside of the right-of-way and on the property of the museum, it is classified as an Open-Air Market, which requires and Conditional Use Permit. • It is anticipated that one employee will operate the Open-Air Market,with hours of operation of 10:00 a.m.to 6:00 p.m., Monday through Saturday, and 12:00 p.m.to 6:00 p.m., on Sunday.The site will be open primarily from Memorial Day through Labor Day. • The applicant presented this request to the Planning and Design Review Committee of the Resort Advisory Commission at their August meeting. The Committee recommended that the project move forward. OR OR Zoning History ,nww•• //l. �' "a°"L # Request f ice^ 1 CUP(Outdoor Recreation)Approved 10/27/1992 OR' 2 ORD(Historic District)Approved 06/02/2017 OR ' OR 'fit ��te"`.+ OR L.----- - \ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area (SGA).The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for this SGA and identifies the potential for three distinct yet complementary districts: Laskin Gateway, Central Beach and Rudee Marina. The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life, the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 2 Natural and Cultural Resources Impacts This site is located in the Atlantic Ocean watershed. The property is the site of deWitt Cottage and City Council created the deWitt Cottage Historic and Cultural District in June of 2017. The deWitt Cottage is listed in the Virginia Landmarks Register and the National Register of Historic Places. It was constructed on the site in 1895 by B.P. Holland,the first mayor of Virginia Beach. The building is currently being used as the Atlantic Waterfowl Heritage Museum.This parcel also contains Virginia Beach's first library building, which was moved to the site in 2002. It was constructed prior to 1930. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 7,300 ADT 1(LOS 2"C") No Change Anticipated Atlantic Avenue 7,432 ADT 1 13,100 ADT 1(LOS 2"E") g p 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit request for an Open-Air Market is consistent with the land use policies for the Resort Area Strategic Growth Area of the Comprehensive Plan, as it provides and enhances cultural activities at the museum and the resort. The proposed mobile vendor will provide an additional revenue source to help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents of and visitors to Virginia Beach. The Resort Advisory Commission supports the application, and Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The mobile vendor cart shall be located on the southern patio, as designated on the site layout on page four of this report. 2. No food trucks or other vendors shall be permitted to operate on this property as part of the Open-Air Market. 3. The grill shall be located no closer than 10 feet from any structure, or the minimum distance required by the Virginia Uniform Statewide Building Code standard,to maintain fire safety. 4. This Conditional Use Permit is approved for a period of one year with an administrative review by the Planning Director.The Conditional Use Permit shall continue thereafter with an annual renewal, if deemed acceptable by the Planning Director. Atlantic Wildfowl Heritage Museum Agenda Item 7 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. Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 4 Proposed Site Layout Proposed location for mobile food vendor F , 0 ,,,, \ i - , , # , .2 �' - c / . ` r i tip : * \ * . . . 11 r �� tp,S -A' I. • 4 !OrZ-°- 0°It'll Lit . * ti. ,, 4 • I r AP \ \ V -- I1. R ' g 44 Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 5 Conceptual Equipment Layout t• A an is Wile owl .00,i 1i\ 1:03.FARVADas k 11-7r. 't ...... ,,, , ,‘, i .- . , , • M ,- „ 1 �+ a P/41 • ‘ Table* r Umbrella f"1 167. 4 - i„.4. 1. I i 'II \ . F _.......• =gal A _ *Table to be covered with a professional spandex cover to match the color of the building. Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 6 Proposed Grill, Chair, Spandex Covered Table and Umbrella - unimmi 7111111111111ti • I, Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 7 Site Photos ill „Ir IL • •y 40. A-4,..x---ri. ,,. . ., .. -0.,::., -_,,,..,;14.k.-__ • IA. d ! „10: I 1(1 )101/i ttlt ii ii , ,h Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Atlantic Wildfowl Heritage Museum 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. • e SECTION 1 / APPLICANT DISCLOSURE Pagel of I p/I t/l7 jS Jonathan Sanders Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 9 Disclosure Statement ,rY.Y Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. ® Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Atlantic Wldfowl Heritage Museum 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) Jeff Tinkham,Wayne Jarman,Jim Mehne, Roger Shope,John Champe, Albert Henley, Herbert Videll, Jr., Gentry Childress,WII Walsh, Jr.,Werner Seibel, and Charles"Lynn"Hightower. (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 footnotesI 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. ® Check here if the PROPERTY OWNFRJS a corporation, partnership, firm, business, or other unincorporated organization, AND THFN complete the following. (A) List the Property Owner's name:City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members.trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 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 422'3101. 2 'Affiliated business entity relationship means 'a relationship. other than parentsubs diary relationship that exists when til one business entity has a controlling ownership interest in the other business entity. iii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or ontrol between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following senaces being provided in connection with the subject of the application or any business operating or to be operated on the Properly. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION SE PERATELV Page 3 of Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ▪ Z Architect/Landscape Architect/ Land Planner ▪ ® Contract Purchaser(if other than fhe Aoolican()-identify purchaser and purchaser's service providers Any other pending or proposed ❑ �I purchaser of the subject property W (identify purchaser(s)and purchaser's service providers) I�• ® Construction Contractors I ® Engineers/Surveyors/Agents Financing(Include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ISI Agents/Realtors for current and • W anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 12 Disclosure Statement NB Virginia Beach. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for pubbc 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 li tion �, Ch tyleA 1. 11�oli faire- 15/7 acne 4m"S SIGNATURE PRIM NAME ATE Page 5 of Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • ® Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner ▪ ® Contract Purchaser(If other than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property e , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have r— vti an interest in the subject land or any proposed development I I contingent on the subject public action? If yes, what is the name of the official al employee and what is the nature of the interest? Page 6 of ? Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, meeting of any public body or committee in connection with this II a ion Dave Hansen. City Manager -1 \1 PROPER”o S S .uquNl I'NINI NAME pAIlAll Page 7 of 7 Atlantic Wildfowl Heritage Museum Agenda Item 7 Page 15 Item#7 Atlantic Wildfowl Heritage Museum Conditional Use Permit 1113 Atlantic Avenue District 6 Beach September 13, 2017 CONSENT An application of Atlantic Wildfowl Heritage Museum for a Conditional Use Permit(Open-Air Market) on property located at 1113 Atlantic Avenue, District 6, Beach. GPINs: 2427-25-5322-0000, 2427-25-5317- 0000. CONDITIONS 1. The mobile vendor cart shall be located on the southern patio,as designated on the site layout on page four of this report. 2. No food trucks or other vendors shall be permitted to operate on this property as part of the Open- Air Market. 3. The grill shall be located no closer than 10 feet from any structure, or the minimum distance required by the Virginia Uniform Statewide Building Code standard,to maintain fire safety. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item7. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 7 for consent. The applicant Lynn Hightower appeared before the Commission. .v..---- 57\ \ .\:\ . y 4\ N . „7" r <s--1:- 1' \ sem 01 410/ \)_, 4 N, is •. \s ‘, ,,,,.., 1 1 , 0 wr) \ N 4,:::':°'. 6 ' N-- .41,. . // �7 �� '" ,,, ,,. ,,Wk. ; 'fesr'l /c; / i'''..1.:. :''' 0 \4 ' • ----- \* ,-- . t' NN ---\ . Nu : .,..,,,,,, ' N'' NN:.',.: NNN.N.,,,,,,,'Ce \ N-z-,z,..„.......z. ,c N G r-T-ii--,,, \\44 /./...,_..,___...., N � \ m• � a ,, , i f/ >'+ l O l jr , / ,.i \\I\ / / .. / r 0 - -a ''''wv../(4tif . / l' w • ‘,\t- / dly: / 4,0/) / \. ;� stelit...4\ ' i !/ t►aN) \N / f / N 0 / r-i .N alt,` 1 PI 4, I ---, U / // .J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EYE CANDY LASH BOUTIQUE [Applicant] HOLLAND PLAZA SHOPPING CENTER, LLC [Property Owner] Conditional Use Permit(Tattoo Parlor)4322 Holland Road (GPIN 1476975253). COUNCIL DISTRICT— ROSE HALL MEETING DATE: October 17, 2017 • Background: The applicant proposes to operate a beauty salon within a unit in the Holland Plaza Shopping Center. She desires to offer microblading, which is the application of permanent make-up; therefore, a Conditional Use Permit for a Tattoo Parlor is required. The salon will include up to four work stations and will employ up to five people. • Considerations: Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. No changes are proposed to the exterior of the building, other than the installation of signage, nor to the site layout. The typical hours of operation are proposed as 12:00 p.m. to 9:00 p.m., Monday, 9:00 a.m. to 9:00 p.m. Tuesday through Friday, and 9:00 a.m. to 6:00 p.m., Saturday. 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 10-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Eye Candy Lash Boutique Page 2 of 2 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign". There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning and Community Development for the installation of the signage. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• . y = r - •ency: Planning Department. l u ,k City Manager: rAf�lJ�" Applicant Eye Candy Lash Boutique Agenda Item Property Owner Holland Plaza Shopping Center, LLC Public Hearing September 13, 2017 8 C,iyq City Council Election District Rose Hall Virginia Beach Request _ Conditional Use Permit (Tattoo Parlor) Mx,.�^`°` Staff Recommendation s, Approval '',•_. / S ,...% ,,,oa4'(•n' 4‘,— "TT) Staff Planner Robert Davis Short 4•r Cow `'`t Location 4322 Holland Plaza SC < IoM" "�� F Fj:::o G P I N a .t'' ��., 1476975253 a �� `4' Site Size ; 10.96 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed retail/ B-2 Community Business . .� Surrounding Land Uses and Zoning Districtsy\ . '` - R North / . 0 4'A, Single-family dwellings/R-7.5 Residential ~'A,• �'«,-r*G�f '?- South "* c-,' ,•4 , Holland Road %d'ss, 4 . Mixed retail/ PD-H1 Planned Unit Development ' .5 _ . , ,. South Plaza Trail �' IP , •z• ° �• , 44.4�, Office/0-2 Office N. .� West ` `,• '. . Holland Plaza SC 4 _•4'. /� Q, '1'-'0'� Restaurant, mixed retail, multi family dwellings �`~'. `��>+ 4 ~ `,,, J%,` /A-12 Apartment, A-18 Apartment, B-2 Community Business Eye Candy Lash Boutique Agenda Item 8 Page 1 Background and Summary of Proposal • The applicant desires to open a beauty salon in a unit within a shopping center and is requesting a Conditional Use Permit for a Tattoo Parlor in order to offer permanent cosmetic makeup, known as microblading, to her clients. • According to the application, the microblading portion of the business will include up to four work stations and will employ up to five people. The proposed hours of operation are 12:00 p.m. to 9:00 p.m., Monday, 9:00 a.m. to 9:00 p.m.Tuesday through Friday, and 9:00 a.m. to 6:00 p.m., Saturday. • No changes are proposed to the exterior of the building with the exception of a new sign above the entrance. The elevation of the sign depicts a raceway mounted channel sign, with is consistent with other signs on the building with regard to size and style. No window signs or neon accents are proposed. A-12 A-12 �'\5 e,o..&6.Why A-192 / t. R.7,5 R-7.5 0. Zoning History A-18 # Request 1 CUP(Indoor Recreational Facility)Approved 04/05/2017 2 CRZ(B-2 to Conditional A-18)Approved 05/08/2007 O-2 ., / A-12 PD-H1 O-2 A-12 R: f A-12 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Eye Candy Lash Boutique Agenda Item 8 Page 2 Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site as it is fully developed with a shopping center and parking lot. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and is consistent with the commercial nature of the surrounding properties. According to Traffic Engineering Staff, the addition of a tattoo studio at this location will have no impact on traffic movements along Holland Road and South Plaza Trail, nor is it expected to generate traffic above a typical specialty retail operation. Staff has recommended a condition to address signage, consistent with recent Conditional Use Permit applications for Tattoo Parlors. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign".There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning and Community Development for the installation of the signage. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. Eye Candy Lash Boutique Agenda Item 8 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Eye Candy Lash Boutique Agenda Item 8 Page 4 Site Layout and Photos -11111111111111111."111M19111t' ..-1 Un! :: for 4 1 •y l �.1i ,� . ./ i+ t f & . ,? y I - A , ,, ,t, - � J, ' p1,:bs. r.., .... I 1 , . ,t._ • f,_ it' d'i' : ‘,_ r-r Cr - \\: illv.`" e...safir". - • • /� N 4 7. Eye Candy Lash Boutique Agenda Item 8 Page 5 Conceptual Sign Rendering I ' . ir- 7,..__,. :-..—,_ A 1, . ,.,if Lash Boutique inaiali..III__ 80 in - Eye Candy Lash Boutique Agenda Item 8 Page 6 Disclosure Statement NB Virginia Beach APPLICANT'S NAME Eye Candy Lash Boutique 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 l of 7 , nn.IVO'15 - /%5/iL0/7 l Robert A.Davis Eye Candy Lash Boutique Agenda Item 8 Page 7 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Eye Candy_Lash Boutique If an LLC, list all member's names: Shaneaka Price 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 entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesr and 2 • , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if oroorrtv owner is different from Annlicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ZCheck 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: Holland Plaza Shopping Center, LLC -Shorehaven Properties, L.L.C. -Sycamore Road Properties, L.L.C. ge 2 of 7 -General Investors Realty Associates -Caen Family Limited Partnership -Olen Exempt Marital Trust UA 7-26-2004 Eye Candy Lash Boutique Agenda Item 8 Page 8 Disclosure Statement Post Transfer Orb Chan HOLLAND PLAZA SHOPPING CENTER, L.L.C. • The Lee D.Cohen Shoe/haven Sycamore.Road General Investors Cohen Family • Revocable Trust Properties,LLC Properties,L.L.C. Realty Associates Limited Partnership1I 12 Finn 25.000% 250110% 25000% 12.500% 11 I names swamis euele Amended dr nFW. Nancy w • nberzmasmae 11/0344 ALIO% Olio-kart re aloft Jame. .H..um �.weWam Reilned C.h.m.a,4 noisome.,M4nmml] 11111 Shpt..,B.rLLL ]tom Michel& RMVPIm%N!FYS HH.Caen 213 � enPvmm. 12 2 78n03/40% 2im Cohen 20'A ,II.Cella I]3 H I George tironame 0% I I Belay CERTIFIED TO BE TRUE • [ )'% °mini,wrap LIMITED niltirffilts HOLLAND PLAZA SHOPPING CENTER,I.1.C. eA]A,mu.tauc I Com: A.d,..P.Chen 33000% a Virginia muted liability company 1'W II.Urban 31000% __._. Jame,ncxalen ] - Irrevocable ]]0110% • Jame n.roa.,,mu • HY I /Luft t (SEAL) ....• Michael D Newsome I Andpew U.Cb.. 11..40r. _. Manager ..a.. Eye Candy Lash Boutique Agenda Item 8 Page 9 Disclosure Statement Vagina 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 422-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (II)a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offkes 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 Conflkt of Interests Act, Va.Code§ 2.2-3101. • ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Eye Candy Lash Boutique Agenda Item 8 Page 10 Disclosure Statement APPLICANT Y,reniaBeach YES NO SERVICE PROVIDER(useadditiond sheets if needed) ® ❑ Accounting and/or preparer of Chris yWod-CJWTax your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® she Aoolicantl-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) H Z Construction Contractors ® Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / The Katsias Company ® ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Eye Candy Lash Boutique Agenda Item 8 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this ASP ication. �� SW EMCA PR1CL tfj2ZiAl 10t�tnk(c ;tieiJ APPLICANTS SIGNATURE I PRINT NAME DA E Page 5 of Eye Candy Lash Boutique Agenda Item 8 Page 12 Disclosure Statement OWNER Virginia VES NO SERVICE PROVIDER(use additional sheers if needed) • ® Accounting and/or preparer of your tax return ▪ ® Architect/Landscape Architect/ Land Planner Contract Purchaser Qf other than ® She Aoolkant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchasers)and purchaser's service providers) ❑ Construction Contractors • n Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property _ e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have ❑ ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Eye Candy Lash Boutique Agenda Item 8 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A• ion i . � PROPERTY WNE SSIGNATURE PRIM NAME ak"ei ). Menh2_ A E Page 7 of Eye Candy Lash Boutique Agenda Item 8 Page 14 Item#8 Eye Candy Lash Boutique Conditional Use Permit 4322 Holland Plaza Shopping Center District 3 Rose Hall September 13, 2017 CONSENT An application of Eye Candy Lash Boutique for a Conditional Use Permit(Tattoo Parlor)on property located at 4322 Holland Plaza Shopping Center, District 3, Rose Hall. GPIN: 1467-97-5253-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.The building signage shall not be a "box sign'.There shall be no window signage permitted.A separate sign permit shall be obtained from the Department of Planning and Community Development for the installation of the signage. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 8. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 8 for consent. The applicant Shaneaka Price appeared before the Commission. � _ ``� ` ! i � � ` \ \ � - cy I � ----' .--~ '-'~ ~- -'�'--'--- ~`' le ou-lieleoll1-04-e--4-ii-a_ - �\ \ . . . - . ` ________-\ ` -_ - 4166.\\,, N = _, - -\� L--------1---- / 0---'---- -_ / --- � ~- --- - _-__- ` __ -_ -___ ` -- - , _ - ---' ---_ `. ------. ti *'"%11%41%%1'444."'*-- j [ ts- � � ---i-- - ? I ea... / ~ | � '/ `_ � / � � ' 's / _ _______ i I- --------..1 / /---- ` -`-` _- __ -- 4, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHYAN J. CSATLOS [Applicant] SHYAN J. & JEREMY RYAN CSATLOS [Property Owner] Conditional Use Permit (Family Day-Care Home) 1921 Perrel Street (GPIN 1479160746). COUNCIL DISTRICT— BAYSIDE MEETING DATE: October 17, 2017 ■ Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. The typical hours of operation are 6:00 a.m. through 6:00 p.m., Monday through Friday. The applicant plans to offer overnight care for the children due to military duty or shift work. • Considerations: In-home child care provides a valuable service for families in Virginia Beach. The proposed use within this single-family neighborhood is compatible with the surrounding residential land uses. There is a circular driveway that will provide ample area for the pickup and drop off of the children. 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 10-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for child care. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. Shyan J. Csatlos Page 2 of 2 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. .m + •ency: Planning Departmentj, - M�_- . I ' City Manager: Applicant Shyan J. Csatlos Agenda Item Property Owner Shyan J. & Jeremey Ryan Csatlos INP:3 Hearing September 13, 2017 9 City Council Election District Bayside Virginia Beach Request pno`o'n P a Conditional Use Permit (Family Day-Care Ge\- Home) ' Sword Com sword Road gv sail Circle Cherbourg Road o rt Ul Staff Recommendation sabanra Road S Approval shore °r'. 4 i. terga Drive 2 11, Staff Planner 's ,'" P WepingscouM1 ,o,Bncour, S Marchelle Coleman "`" hFarmRoad li t V^e . b Ga1neV o Location 1921 Perrel Street C Feb 1921 aPa'y, A GPINY t'V N and`•,nP 1479160746 r Mo+b / t F YRwd d' Site Size 0.33 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District -- Single-family dwelling/ R-10 Residential - - I Surrounding Land Uses and Zoning Districts ' '' North M . . f:,�p,7, t `.. • Y' Single-family dwelling/ R-10 Residential - . ii,- South :r�' ,r- ' Single-family r Single-family dwelling/ R-10 Residential r .B' '. r East .. \:., ,• ykillf ;t` �� , Perrel Street "•''` Single-family dwelling/ R-10 Residential _ ,tig 1,0,..;'' _ R • West ` f .� Single-family dwelling/ R-10 Residential • : ..:'' It a - ... :- a, - - 7414.....:---1,-...4.4. ' -, Shyan J. Csatlos Agenda Item 9 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. • The property has an enclosed backyard for children to play outdoors. • The typical hours of operation are 6:00 a.m. through 6:00 p.m., Monday through Friday. The applicant plans to offer overnight care for the children due to military duty or shift work. } • 1-2 No Zoning History to Report �f C / f' • ., • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Shyan 1. Csatlos Agenda Item 9 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT 1(LOS 4"C") Perrel Street No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use 2—10 ADT 27,300 ADT 1(LOS°"D") Proposed Land Use 3—48 ADT Independence Boulevard 24,352 ADT 1 31,700 ADT 1(LOS°"E") 1 Average Daily Trips 2 as defined by one single- 3 as defined by a Family Day-Care n LOS=Level of Service family detached dwelling Home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Perrel Street is a two-lane undivided collector street.There are no current roadway CIP projects proposed for this area. Independence Boulevard is a four-lane divided major arterial road in the vicinity of this site with a right-of-way of approximately 150 feet. The MTP shows a six-lane major arterial within this right-of-way. Currently,there are no roadway CIP projects proposed for this portion of Independence Boulevard. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the Comprehensive Plan's land use goals for residential areas, as it provides a valuable service for families in the Suburban Area. Staff has recommended a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. Staff believes that the proposed use is appropriate for the subject site and is compatible with the surrounding residential land uses. There is a circular driveway that will provide ample area for the pickup and drop off of the children. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for child care. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. Shyan J. Csatlos Agenda Item 9 Page 3 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Shyan J. Csatlos Agenda Item 9 Page 4 Site Layout el0f_p 1LrI 0,, a T JUNE 22,2017 This is to certify that I.on ___ _ .1. • , sup....) ,e property shown on this plat,and that the title lines and the walls of the buildings are as sh is• 8 volt/ S The buildings stand strictly within the title lines and the • are no e r�a of tithe• ...ildings on the property, except as shown. 6 Signed_ _ • •' •►-'r'^` t �1^ • ,`ry / WIND( et ' 0t. / , • Q'"ce, b / #j X / . 41o VQ X0$0. 1 ytt �4 i 4,4 —.. • - i: I r 412' Q / 52 4., -tiA os 53 - �� / ." at , / iis O ib, . . ` s / , ‘.0• y, / dog t% ,•;:.. . ,A\ d '.1ri..r hMY.;• •. . E NCE N DEPENDS • is' ,t1 FIN 80.002—'-..." 51 ;\.� NOTES •.14 •NAA.N ��l� t.PROPERTY APPEMSTO mi.van1N201E X ` V 02%2%ANNUALCOMMANDCMNNQ/{iOOORAaq,AD SHOWN ,� DRIVEWAY cJt ON MAIIOFAL PL000 P .PNCE PIOORALI MAP 0' OLD FOR THE CITY OF VIRGINIA SEAM VaIOMK • 4•v !y DAM JAW IS 2011I MAP NURSER stte3t00190 V 2.TMS wsRVEY WAS PREPARED*TTHOUT THE TTTI BENEFIT OF A S REPORT AIA MAY OR MAY 94'‘715 NOT MOW ALL MATTERS OP TITLE AFTECnNO PROPERTY NIONSI IEREOIL PHYSICAL SURVEY OF LOT 52,AMPHIBIOUS MANOR FOR (MP'7LP.N) JEREMEY R. CSATLOS AND SHYAN J. CSATLOS VIRGINIA BEACH,VIRGINIA SCALE:1'=25' JUNE 22,2017 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS•ENGINEERS• PLANNERS VIRGINIA BEACH,VIRGINIA Shyan J. Csatlos Agenda Item 9 Page 5 Site Photos • . • •'-' k ' i•". i • • 1 .-....:14 deli) ...r•.> "1"11g1.- -'• -,c, • IMP,____ - - • - •--.. 11 ,../ . '',..- ;Mir -- :. . ......22 I All 1• -,' s lir- 4.4.440.40.._ •i4t,1 pour ::.".....' ...-. ' ? „mover :e !. • . r " . - ,t•i i •• 1/14.#:•b.\,. l• i.m-.1•••yA 'i 1\liliOk'.. ., • .• ., .,,..,, .,3•A-,,,,:. re.100.- •.1•4-;,„0 1 4„ ' 4 AI1 .II .".• • • -,,, -1441p., I 11115411 ,-. i'' It •,...ibo • •• i 1-0 . V a -...„,,,..,4::•, '. •-• ,.V 00.7 4 ,, 1 i' , Aor I ' .,. ' 41- 1- ; -; - • 4 ......1-‘4,-, ',.: • - •-•,,,,,_ .... '_ 1 .._ _ , . f. - --'-' '- -•-• ..- * -0- '"'"'' •..-• - teli 1 .. - '^- . ' . . ... :•••‘:•-i'... ' .,;.1.'-z' .. 4- - - . .-•'Vf, ' - , . , - . <-.- Shyan J. Csatlos Agenda Item 9 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Shyan J Csatlos DISCLOSURE STATEMENT FORM The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ' SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Er y r I s.7. 1 ID/SI 17 Met Marchelle L.Coleman Shyan J.Csatlos Agenda Item 9 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:ShYan J Caatlos 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) N/A (B) List the businesses that have a parent-subsidiary t or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotesI and 2 e , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Anoliran(. Z Check here if the pROPFRTY 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:Shyan J &Jeremey R Cstalos If an LLC, list the member's names: Page 2 of 7 Shyan J.Csatlos Agenda Item 9 Page 8 Disclosure Statement ,. LB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shams possessing mom than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means `a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Shyan J.Csatlos Agenda Item 9 Page 9 Disclosure Statement APPLICANT Virginia Beath YES NO SERVICE PROVIDER(use additional sheets If needed) E ® Accounting and/or preparer of your tax return • ® Architect/Landscape Architect/ Land Planner _ Contract Purchaser(if other than 1E1 r, sht Aoolicant)- identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • ® Construction Contractors • ® Engineers/Surveyors/Agents Financing (include current Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ El an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A Page 4 of 7 Shyan J. Csatlos Agenda Item 9 Page 10 Disclosure Statement Y3 Virginia Beach I CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. �.- Shyan J Csatlos 7//O/I.11 !ARNICA!ARNICA - rAPPS SIGNATURE PRINT NAME DATE Page 5 of 7 Shyan J. Csatlos Agenda Item 9 Page 11 Disclosure Statement OWNER viten is Beach YES NO SERVICE PROVIDER(useaddhlonai sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) ❑ ® Construction Contractors ❑ xi Engineers/Surveyors/Agents Financing (include current Towne Bank mortgage holders and lenders �� ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ [XI Agents/Realtors for current and I I W anticipated future sales of the subject property a ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, .that is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Shyan J.Csatlos Agenda Item 9 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Mayen J Cameos eel Jaremey Ryan Osatlna - PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Shyan J. Csatlos Agenda Item 9 Page 13 Item#9 Shyan J. Csatlos Conditional Use Permit 1921 Perrel Street District 4 Bayside September 13,2017 CONSENT An application of Shyan J. Csatlos for a Conditional Use Permit(Family Day-Care Home)on property located at 1921 Petrel Street, District 4, Bayside. GPIN: 1479-16-0746-0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for child care. 4. No more than one(1) person,other than the applicant, shall assist with the operation of the family day-care home at any one time. S. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 9. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#9 Shyan 1.Csatlos Page 2 By a vote of 10-0,the Commission approved item 9 for consent. The applicant Shyan Csatlos appeared before the Commission. 99 Item—VI-IL3 PLANNING ITEM#67435 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of SXCW PROPERTIES II, LLC and FULTON BANK,N.A.for a Conditional Use Permit re a car wash and service nation at 3264 Holland Road DISTRICT 3—ROSE HALL Voting: 10-0 Council Members Voting Aye' Jessica P. Abbott, M. Benjamin Davenpon, Robert Al Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 19, 2017 . • N r . ..i. (.47 * , , , , 4(..... . ,. .. ,•L . . . . .• . , . , lAtA, Ca N ,- / •,, _•*, . •-. , "e* \ 10•3.' .4-•*;•••••?.. -. . 1''•0- A;/) - )2 ‘!'• .ill A 1 7441 P r. ‘4\1•13; kil I I I ra I I I I I FM-I_II.ra4tti‘jik\\"Itk* ...•1,, 1 I 01. I lie !WIN/044 1144‘,/4/4:17 ea•i 6rEW4 el;r: /, 4 41 III I 11‘\\r, 44/0V • . At49 Sioll111011 ,, Aiittiti4,**** .4thhiL_ ., . . . , Al c-- • .. ..----- - • .•-• , _._-- -Ilk . ir -.. -• ..,._ .. . .. ,... ..... N----, $" N \ 111 /N) •-,_ -,. - . N' Ns -- t - ( --Tr II-- . ._ ...-- ' - - -- -- \ , N 41ftimmit el , CD , . . • \ . NO 43 . 'LI) Z es\eu \ \ .., ,—*•0 0:1 Vil \ I _----- -----1 • - .• --..... s --. , ----AO"- • _..-- ,.. ...- ' N -. -. .. ---- , , ' - ,... ., -, ... .. • .„ .„ , t 4.4,.• .--''' .::;:;. 7 -T \\7----..- . - - - . - N --... --gy4 , ./ . ,. 1 mf citi,... , „,<• .CD ' \ _ . ,- —i`<(.. .. ,. .. A. ... -.. -1. -.4 . • .)1:1..i'''.- 0 ..-----.3.-2- I . •.< i .' \ i N-c, --7 :;'..” lam •eA,, -__4__! i , ,, \ 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: October 17, 2017 • Background: This application for Conditional Use Permit for a Car Wash and an Automobile Service Station was deferred by the City Council at the September 19, 2017 public hearing. The request is to develop a vacant site along Holland Road with a single- track automatic car wash and a 10-pump 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: Since the deferral by City Council in September, the Condition 7 has been revised to expand the prohibited uses on the site to include bars and nightclubs, body piercing establishments, borrow pits, bulk storage yards, craft breweries and distilleries, heliports, mobile home sales, motor vehicle sales and rental, tattoo parlors and wine tasting rooms. Also, a revised plan has been submitted that depicts a 45-foot wide, "no build" area along the rear property line adjacent to the existing neighborhood. No improvements would be allowed within this area. The conditions reflect the date of this new plan. The proposed plant material is now depicted on a separate Landscape Plan, referenced in Condition 5. The Staff report has been modified to include all of the revisions noted above. SXCW Properties II, LLC Page 2 of 4 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. To ensure compatibility with the neighborhood, and along with limiting uses permitted on the site, the applicant has proposed a brick wall, eight feet in height, to provide a visual and physical barrier between the property and Old Club House Road and the 45-foot no build line. 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. 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. SXCW Properties II, LLC Page 3 of 4 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-layeat landscape 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 Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The following uses will be prohibited on the site: a. Eating and drinking establishments with a drive-thru b. Convenience stores c. Bars or nightclubs d. Body piercing establishments e. Borrow pit f. Bulk storage yard g. Craft breweries h. Craft distilleries i. Heliports and helistops j. Mobile home sales k. Motor vehicle sales and rental I. Tattoo parlors m. Wine tasting room 7. The red synergy element depicted in the submitted fuel canopy elevations shall not be permitted. 8. The hoses for the vacuum system shall be black in color. 9. 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. 10.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. SXCW Properties II, LLC Page 4 of 4 11.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. 12.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 Departme Agency: Planning Department J. City Manager: it Ne!,,;s, `� Applicant SXCW Properties II, LLC, a NC limited partnership Agenda Item eq\B Property Owner Fulton Bank Public Hearing August 9, 2017 (Previously Deferred on July 12,2017) D2 City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Car Wash & b ��°'�4,, Automobile Service Station) 8� �g `�� °"^�,°,i ��s" 3c '4 g,� ? a° Staff Recommendation �? 6,b� >715 dBDNL os Approvaltip yt'y AP77 D fr ? s AP?? O4'" �•Plei? Staff Planner aI. 70-75 dB DNL �1ks `O@ 65-70 dB NL Jimmy McNamara ' o. c e 4,,+"" Location J ° p 3264 Holland Road S. x °`° G P I N ,, 4- ``P 1495093490 °c 3 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 - t �' • / Vacant lot/ B-2 Community Business . � • ,/ ars "'4;' ` o e . Surrounding Land Uses and Zoning Districts 4.,..,,;,.,,A,,,,,,:,..4, ' �`"� r�ai ,' ,'2,-.•4 `+�, J ,,�',rt . ' *1 rte`' .s`� North , 4. Townhomes A-12 Apartment . 41' • ° ' : yyA/i° 'ea ^ , *. . • South -, '1ty• ` ..`-.rx y •,f�`'% �, '",..,,6'o . ,, Warwick Drive o i' If,r `' c ° ., '` " r ' ' Site under construction/ B-2 Community �. , -fr. _ ' o o' Business ,r .ss East . •i�,`r" .;;y'' ' •_} rap'; ,' . . Townhomes/A-12 Apartment ' ,' �� } ,r xr;Ff,..f. West f�•� ' Holland Road Child day care, townhomes/ B-2 Community , ,�`'. ,. ,A *. s '-, • ,, , 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 IV 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 B.2 , Zoning History o,SF R PD" r # Request ° a Sir ( , 14,.. y`� 1 CUP(Automobile Service Station with Car Wash) Denied A \ �`!I °,w1 08/28/2007 2 CUP(Automobile Service Station with Automobile Repair w„�°` 4 Garage)Approved 08/24/1999 PDH a ' >2 8a 3 CUP(Automobile Repair Garage)Approved 07/12/2016 /'--( PD-H, a• 4 CRZ(A-12 to R-5D)Approved 10/14/1994 . oe `. ,SS J� l ro 'S R_50.. 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 22,800 ADT'(LOS 4"D") Holland Road 31,719 ADT 1 27,400 ADT'(LOS 4"E") Existing Land Use 2—2,453 ADT Warwick Drive No Data Available 6,200 ADT'(LOS 4"C") Proposed Land Use 3—1,528 ADT 11,100 ADT 1(LOS 4"E") 'Average Daily Trips 2 as defined by 4.46 acres of 3 as defined by a car wash and a gas 4 LOS=Level of Service B-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 connect 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 locating 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 Kimley Horn, dated May 1 October 5, 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 54e-1-aye-Eft landscape 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. 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 c. Bars or nightclubs d. Body piercing establishments e. Borrow pit f. Bulk storage yard g. Craft breweries h. Craft distilleries i. Heliports and helistops j. Mobile home sales k. Motor vehicle sales and rental I. Tattoo parlors m. Wine tasting room 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. SXCW Properties II, LLC Agenda Item D2 Page 5 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. 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 • Revised Site Layout Including 45-foot no build area \ ' ! L- `y. ‘, �\ , F " y �It �6 f Y i .-n \ \ `\ -d _ i i'-';.' Y 1-•� ' \ ` \ r� X14s I i\ I ace • i r + F • I I NL- 1 MO M„� m I I`11 ; 4 t l , i ``�� - •1 - N ED c\• o . • I . \ t 4 t 4t ,,:,„ m lll __-___:7 ,,, 0 61 .74 Y, • ft i` v- ft I F SXCW Properties II, LLC Agenda Item D2 Page 7 Proposed Landscape Exhibit CI 7W�631 7F3 ela'6 W eR3W!!e=ddE877 X1185 Si RS' g. gln.. i. i76..AARRXr AR76R WA 7 l : °,P ( \ �08 15170H81173 070 IL dif ga 188 8 3145HO MEFil 3! @ \ \ c \ ;I 55 A3CO3ft117-‘ °- „9�03�a ' \¢( . ae "1j i IR \\ \ \tSe\D>? x :1 f I, j a \ O O O O O 0 f 00 r 6= • , ��i• O OYO OBJsla • ') O # # \ \ � `� i e ssw. r0�, r¢3 a• w-, � ; 1.11 I', g ' ,�� •`� X39' I/ I ! �`_ - �yY - 1:11.] 'N''''' 1 / I � � v� r1 1 \� v .N — CI`4.74 - P atm /' , ' iWI `•• '' ) 'N \sA, / 'N(N f a I EF' ill \x) 4<, Ns N ---- •,. / ' . pi COI 1-1.,...ri X03 ,, .‘ . gq 4 ''4 1. \ 1 I�.• O' N \ Apainil 1 CMD4 HOLLAND RD. SXCW Properties II, LLC Agenda Item D2 Page 8 Proposed Elevations mrrit li _ , L.' t ; il i 0 5 Ti ie :if B ` ;:818 1fi 4110 3 IN 's- I p ir _, „ : il i i I ; 1E111 . ,0 -- 'id or ••• Ilk . f 1 fIH ., 4, i��(�77 k•t('� E 11E1�� 11111 Ili .,.l..`.rl --_- f: i i ( I=MEI Zr.. 13 1 A n III t- lu it Ig Ile ,8 B I , , I - ,B... 6 I : c 4 SXCW Properties II, LLC Agenda Item D2 Page 9 Proposed Elevations P CC CL tol J' U W U da F a l El / f I! _ ;, O 11 o s7.II E.I z w a FI` t B 0 P w O N z t .' dy 1 El 1 IP '8f \ s\_,r f 4 _ \. c ....I 2 F • ! ❑ / I V. W S v `d J I.,: o i 6 SXCW Properties II, LLC Agenda Item D2 Page 10 Proposed Elevations i i �� 1--- Si! IImo• . i 1117\ SXCW Properties II, LLC Agenda Item D2 Page 11 Proposed Sign Elevation :1ii�iiiillitli i.uui IIT E. " s1I1VIuu.1.1.Iu1.1I1u1 PA.6 fr _' _ m 4..0M ei Z ►s_» e C7 M 'w I W i li{ _ — in ism - e c i t ; E«' x i d S'b`oa v g 1 e N cU cea F �: ._ - fA u1�dc nV sG d :,2 N =L � m .-±,a— -k-,:25-5 != v.00 I o :1Iiljl ljljlj Proposed Sign Elevation 6 • O{� U N N - C oli ___I �a x u S ..i._ t.„. h o g o - in c -rt r-r. Sa 1. i =3-6 •s. cma " ` > E E a o e, i oy' EL O1 n a»z 11 s z i Cal 00.4d P4 , w 0 g 4 16.611 4ti. l ' • C) 11, U m MM1bbb b n1 ti I 4111 1.} U 17 .z1. -I —.0►-1 L. o s,9 M >I• O Q -- d! a SXCW Properties II, LLC Agenda Item D2 Page 13 Site Photos .. . , . impluniiiimmumik . _ . , . 4. .. . ,. . ... . . . .. . _. - 011111i, , -...,,.. A ..,:- ,7 ,,...,..F...iiit.7:::: .., 1.4fit • ,t:....P,.1 $ ./.1 'w4f;• . ..j,lis .;',44, -, ', -. it• ''''.-."`• t.7• ,,:v Ore i** 1 .' s tts• •.Aol_. ._ _ . , - me• • •'_,.. -,o, --cir ' ......._. SXCW Properties II, LLC Agenda Item D2 Page 14 Disclosure Statement APPLICANT'S NAMESxdW Properties IL 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 1 Modification of by City _ Property Conditions or Proffers. . Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Bice•tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals t Certificate of i Floodplain Variance I Appropriateness - _-- Street Closure (Historic Review Board) franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ _ r I Wetlands Board Conditional Use Permit License Agreement I The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE • Page 1 of T QI Y I] /ViN1 Jimmy McNamara SXCW Properties II, LLC Agenda Item D2 Page 15 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.SXCW Properties II, LLC If an LLC, list all member's names. Sarni I. Nafisi, Manager: Rima Anabtawi, Manager Pro-Tem 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 I or affiliated business entity relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronenv owner is(afferent from Applicant. ri 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'.Fulton Bank, NA. If an LLC, list the member's names'. Page 2 of SXCW Properties II, LLC Agenda Item D2 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc.below (Attach list if necessary) James Pesaventc, Vice President&Authorized Agent (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent subsidiary relationship means '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 Art,Va. Code 5 2 2.3101 2 "Affiliated business entity relationship relationship, other than parent-subsidiary relationship. that exists when 0)one business entity has atontrolling ownership interest in the other business entity, 11i1 a controlling owner in one entity is also a controlling owner in the other entity, or Ord there is shared management orcontrol between the business a nutas 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 n or commingled funds ora sets, the business entities share the use of the same offices or employees or otherwise share activities, r urces or personnel onregular basis, or there is otherwise a close working relationship between the entities" See Stateand Local Government Conflict of Interests Art, Va Code§ 2 23101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business 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 SE PERATELV Page 3 of 7 SXCW Properties II, LLC Agenda Item D2 Page 17 Disclosure Statement APPLICANT 3niaBtach - - PROVIDER(use addluoml sheets if VES NO SERVICE needed) X Accounting and/or preparer of your tax return I ] ,Architect/Landscape Architect/ R4 Architecture Land Planner Contract Purchaser(If other than 111 the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ' Vpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors To Be Determined 5< n Engineers/Surveyors/Agents i Kimley-Horn Financing (include current Self Financing-No Commercial ❑ v mortgage holders and lenders X Lender I selected or being considered to provide financing for acquisition or construction of the property) nLegal Services i Bykes,Bourdon.Ahern 8 Levy.P C Real Estate Brokers / Wrightwood Properties. Inc. X1 Agents/Realtors for current and • anticipated future sales of the subject property _ __ . .. _ __ __ _.__ . .. _ ...._ ___. ___'.'-_. ___ - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO r 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 SXCW Properties II, LLC Agenda Item D2 Page 18 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form b 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 meetin• or meetin• of any public body or committee in connection with this i1V /27vA4/14A±4 , 3 /3170f7 APP,ICANT'S SIGNATURE PRINT NAME DATE SXCW Properties II,LLC Page 5 of 7 SXCW Properties II, LLC Agenda Item D2 Page 19 Disclosure Statement OWNER Virginia Beach YES NO SERVICE 1 PROVIDER lose additional sheets If I needed) LL1 Accounting and/or preparer of IJ T your tax return • 1[H Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than • n VI the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed • Npurchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑r1 n Construction Contractors _ OEngineers/Surveyors/Agents Financing (include current ' I Z • mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the properly) O ❑ Legal Services Odin Feldman I Pdtleman,PC Real Estate Brokers / Venture Realty Group rl ❑ Agents/Realtors for current and I/V anticipated future sales of the tabled property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have � an interest in the subject land or any proposed development ❑ I/� contingent on the subject public action? , If yes, what Is the name of the official or employee and what is the nature of the interest? Page 6 of SXCW Properties II, LLC Agenda Item D2 Page 20 Disclosure Statement v Virgini:i Beach CERTIFICATION: othat 21 1of the information contained in this Disclosure Statement Form is I complete, e,true, and acurate. I, understand that, upon receipt of notlficaii on 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 I meeting, or meeting of any)public body or committee in connection with this )Application. _ - --James Pesavento Vice Pres '[ TE d7 l 00[rIC 5' it LrE � PRI AME � TE r Fulton Bank AA . ._.___Page 7 of SXCW Properties II, LLC Agenda Item D2 Page 21 Item#02 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 Y mile away. You have an Auto Bell 1.2 miles away down Holland Road near Lowe's and in the other direction,%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 Lid!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'll 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#D2 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#02 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. AYE11 NAY ABSO ABSENTO 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. L. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE OF APPEALS HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD 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 10/17/17/st CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/03/2017 PAGE: I D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H E W B N E 1 S U I B P DNOK M S H L W O 0 Y LN A 0 0 k S 0 T R E FEN S M I 0 0 T T R YS E S S END 1. CITY COUNCIL'S BRIEFINGS A. WILDFIRE 56 Dave Deming,Acting Chief Executive Officer and Chief Financial Officer H. STORM WATER ENTERPRISE FUND Lyndon Remias,City AUDIT RESULTS Auditor IL CITY MANAGER'S BRIEFINGS A ARTS ECONOMIC IMPACT STUDY Emily S.Iabows, Director—Office of Cultural Affairs Jay H.Dick,Senior Director— Americans for Arts B. CITY ENERGY MANAGEMENT IMri Herrick,Energy Management Administrator— Public Works C AMBULANCE REPLACEMENT Ed Brnle,Chief— Em erg elicy Management Services IIL'IVN/V CERTIFICATION OF CLOSED CERTIIED 11'0 V V Y Y V V V V Y Y V IMI SESSION A-L FG MINUTES: APPROVED 10'0 Y Y Y Y V V Y Y Y A Y September 19,2017 B S T A N E D H. I. Ordinance to AMEND City Code#2-are ADOPTED,BY II-BY YYYNIY Y Y Y Y Y limitation on member terms of the Board CONSENT of Building Code Appeals 2. Resolution to CONFIRM Virginia Beach ADOPTED,AS 110 Y Y Y Y V V V Y V Y Y 2018 Legislative Agenda to the Virginia CORRECTED.BY Non General Assembly CONSENT item #11 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DAFE:10/032017 PAGE: 2 D A AGENDA V ITEM SUBIECI MOTION VOTE A E H E W B N E J S U 1 B P DNOK M S H L W O 0 Y EN A 0 0 R S 0 T MEN S M I 0 0 I TR YSE S SNND 3. Resolution t0 provide"design' ADOPTED,BY 11-0 Y V V Y Y V Y EY V Y DIRECTION for the City Hall CONSENT Replacement 4. Ordinances to AUTHORIZE temporary ADOPTED,BY encroachments: CONSENT City property re bulkhead 110 V Y Y V V Y V Y Y Y Y maintenance/pier replacement at 5136 Overland Road known as Kemps take. DISTRICT 2-KEMPSVILLE City's ROW re beach landing maintenance at 4536 Ocean View Avenue 140 Y Y Y Y Y Y V e Y Y Y DISTRICT 4-BAYSIDE N D 5. Ordinances to ACCEPT, ADOPTED,BY 11-0 V Y V V Y V V Y Y V Y APPROPRIATE or TRANSFER: CONSEN I' a. $800,000 to Police Oceanfront Camera Project re of Cameras West of Pacific Avenue b. $ 15,000 from the Williams Family to the Aquarium Foundation re Coastal Conservation Garden/Outdoor Adventure Park c. $155,000 to provide interest free loan to Plaza Volunteer Fire Company/Rescue Squad,Inc re ambulance d. $ 82,000 to provide interest free loan to Kempsville Rescue Squad,Inc.re ambulance e. Virginia Task Force 2 Urban Search/ Rescue Team. (I) $1,501,013 from FEMA re continued operation (2) $14 Million from FEMA re Hurricane Irma (3) $ 400,000 from FEMA re I lurticane Harvey $900,605 from the Fund Balance of the ADOPTED 10-0 V Y Y LE A Y Y V Y General Fund to the Fire Department at the Fort Story Fire Station A D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DAT@IO/032010 PAGE'. 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A F H E W B N E I S U B P DNOK M S H L W O 0 V LN A 0 0 R S 0 T R E PEN S M 1 0 0 1T R Y S E S S N N O L THE ENCLAVE NCE NNE: APPROVED0-7V Y YNNY Y V Y Y Y DISTRICT 9-PRINCESSS ANNE: PROFFERED,AS MODIFIED a. ANTHONYOB. from HUFFMAN, G-R.ftoe Conditional(R7. COZ from AG 754/28 4tPD- H2 fR-9.5 Residential)at 29542804 2808 North Landing Road b. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION,INC.,Modification of Proffers to account for addition of Phase 2 at North Landing Road West of West Neck Road 2. GRACE BIBLE CHURCII OF VIRGINIA BEACH,INC./MARY H. SMITH,DISTRICT 7-PRINCESS ANNE: a Conditional COZ from A6-2 to WITHDRAWN,BY 11-0 Y V Y Y Y Y Y V Y Y Y Conditional B-2 CONSENT APPLICANT REQUESTS TO WITHDRAW b. CUP re religious use at 2285 London DEFERRED TO Bridge Road NOVEMBER 7,2017, 11-0 YY V Y V Y Y Y Y Y Y BY CONSENT K. APPOINTMENTS: RESCHEDULED B VCONS F N S U S AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION STORM WA f ER APPEALS BOARD VIRGINIA BEACH COMMUNE IY DEVELOPMENT CORPORATION BOARD OF BUIIDING CODE OF Appointed: II-0 Y Y Y Y Y Y Y Y Y Y Y APPEALS-BUILDING Michael W.Schooley MAINTENANCE DIVISION 2 year term 10/3/19-12/31/19 GREEN RIBBON COMMITTEE Reappointed: 11.0 Y V Y YY Y Y Y Y Y Y William Almond Robert Bourdon Christy Everett Wayne McCoy Emily Steinhilber 3 year tern 11/1/19-10/31/20 CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DATE.10/03/2019 PAGE: 4 D A AGENDA V ITEM d SUBJECT MOTION VOTE A E H F W B N E I S U I B P D N 0 K M S H L W O 0 Y LN A 0 0 R S 0 T R G ERN S M 1 0 0 T TR TS E S SNND I/M/N ADJOURNMENT 6:38 PM OPEN DIALOGUE 608-6:44 PM 2 SPEAKERS