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NOVEMBER 21, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL }., NAVF�CFMAYOR RISESSOMS.JR..At-Large VICE MAYOR LOWS R JONEBayside-Dimn 4 O� JyYA M.BENJAMIN DAVENPORT AtLarge ROBERTAl YEN,Centerville DistrictI BARBARA A. Princess Anne District 7 SHANNON DS KANE.Rose Hall D'( "(3 JOHN D.MOSS.At Lr - - om2: JESSICA P.ABBOTT Kempsville District 2 JOHN E UHR/N,Beach District 6 �. .. ROSEMARY WILSON.AKarge JAMES L. WOOD,Lynnpmen-Districts CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:17571385-4303 CITY ASSESSOR JERALD D.RANA GAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REM/AS E-MAIL.'CYyenclCavbgor-Cam CITY CLERK RUTH HODGES FRASER,MMC 21 November 2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP - Building 19- 3:00 PM A. FIVE-YEAR FINANCIAL FORECAST Greg Grootendorst, Chief Economist, Hampton Roads Planning District Commission (HRPDC) David Bradley, Director, Budget and Management Services Farrell Hanzaker, Chief Financial Officer, Schools II. CITY MANAGER'S BRIEFINGS - Conference Room- 4:00 PM A. CENTRAL BEACH DISTRICT STORMWATER PROJECT Tonia Alger, Project Manager—Public Works B. CITY'S CYBER SECURITY UPDATE Peter"Pedro"Wallace, Director—Information Technology III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, Pastor Steve Smith SonRise at Pembroke Manor Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 7, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Certified Crime Prevention Community Re-Certification Sharon Gray, Field Inspections/Audit Manager, Virginia Department Criminal Justice Service I. PUBLIC HEARINGS 1. Acquisition,by agreement or condemnation Burton Station/Baker Road Drainage Improvement Project 2. Wildfire 56, Inc., License/Lease for space to install wireless equipment: a. City's traffic signal pole at the intersection of Newtown and Baker Roads b. City-owned fiber optic cable installation to connect at Newtown/Baker Roads and Northampton Boulevard/Diamond Springs Roads. 3. Amendment to the FY 2017-18 Capital Budget for Central Resort District Drainage Improvements J. ORDINANCES/RESOLUTION 1. Resolution naming the Virginia Beach Convention Center Ballroom, "James B. Ricketts Ballroom" 2. Ordinance to AMEND City Code §17-3 pertaining to the Public Library Board terms and limitations 3. Ordinance to AUTHORIZE acquisition of temporary construction and permanent drainage easements for the Burton Station/Baker Road Drainage Improvement Project by agreement or condemnation 4. Ordinances to EXECUTE an Agreement and Lease with Wildfire 5G Inc,: a. Use of City-owned traffic signal pole to install wireless equipment at the intersection of Newtown and Baker Roads b. Lease bundles of City-owned dark fiber optic cable at the intersection of Newtown/Baker Roads and Northampton Boulevard/Diamond Springs Roads 5. Ordinance to ACCEPT and APPROPRIATE a. $5,292,784 from FEMA to the Central Resort District Drainage Improvements project b. $ 46,068 to the Fire Department for the Hazmat Team K. PLANNING 1. WATER BOXES, LLC: a. Conditional Change of Zoning from B-2 Community Business and R-7.5 Residential to Conditional B-4 Mixed Use and P-1 Preservation b. Conditional Use Permit re multi-family dwelling and commercial marina at 2100 Marina Shore Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 2. COURTHOUSE AREA CHARITY / PRINCESS ANNE MASONIC LODGE ETC for a Conditional Use Permit re assembly use at 2849 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. CAVALIER GOLF & YACHT CLUB for closure of public right-of-way, known as Cardinal Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA 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 3854303 I1/15/17tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL apa.nEdiet t. MAYOR WILLIAM D.SESSOMS.JR At-Large VICE MAYOR LOUIS R.JONES Bayside District 4 4 M BENJAMIN DAVENPORT.A Larg 7 ROBERT/DYER.Centerville District I / I� BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE Rose Hail Dt "t3 JOHN D.MOSS.At Large JESSICA P.ABBOTT,Ke prvil/e.District 2 JOHN UHRIN,Beach District 6 °°• `^ ROSEMARY WILSON At-Large JAMES L. WOOD,Lvnnaaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID LHANS£N VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:04)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS REMUS 21 November 2017 E-MAIL:Cryencl@vbgaacom CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL / SCHOOL BOARD JOINT WORKSHOP - Building 19- 3:00 PM A. FIVE-YEAR FINANCIAL FORECAST Greg Grootendorst, Chief Economist, Hampton Roads Planning District Commission (HRPDC) David Bradley, Director, Budget and Management Services Farrell Hanzaker, Chief Financial Officer, Schools II. CITY MANAGER'S BRIEFINGS -Conference Room- 4:00 PM A. CENTRAL BEACH DISTRICT STORMWATER PROJECT Tonia Alger, Project Manager—Public Works B. CITY'S CYBER SECURITY UPDATE Peter"Pedro" Wallace, Director—Information Technology III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 6:00 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, Pastor Steve Smith SonRise at Pembroke Manor Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 7, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Certified Crime Prevention Community Re-Certification Sharon Gray, Field Inspections/Audit Manager, Virginia Department Criminal Justice Service I. PUBLIC HEARINGS 1. Acquisition, by agreement or condemnation Burton Station/Baker Road Drainage Improvement Project 2. Wildfire 5G, Inc., License/Lease for space to install wireless equipment: a. City's traffic signal pole at the intersection of Newtown and Baker Roads b. City-owned fiber optic cable installation to connect at Newtown/Baker Roads and Northampton Boulevard/Diamond Springs Roads. 3. Amendment to the FY 2017-18 Capital Budget for Central Resort District Drainage Improvements PUBLIC HEARING AIXBREMONSLAQBEEMENISH1 CONDEMNATION The Virginia Beach Cly Council will hold a PUBLIC HEARING on the proposed acRv¢Non. by agreement condemnation.of easements nenemay for the Buten Station / Baker Road Drainage Improvement Protect IOP #7- 036).Tuesday. Nppnhar 21.2017 at MO pm.,in the Council Chamber N the city Hell Building(Building a8 at the Virginia Beach Municipal Center.Virginia Beach.Virginia. The plane for the pMvlect are entitled: "Burton Station /Baker Road Drainage Improvement Pans'and are M Ric In the Public Works Department Building Y2.3^floor at the Virginia Beach Municipal Center,Virginia Beech Virginia, the purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for this project If you are gpnkaly fibbed or Asualy Impaired and need assistance at this meeting please call the CITY=RIMS DfPLE at 7675860.303; Hearing Impaired, cab 111 (Virginia Relay - TNeplone Device for the Deaf). MY questions concerning Nis nearing srould be directed to the Office Real Estate, Building#2, Room 392. at the Virginia Beach Municipal Center, 119) 385-4161. uI interested parties are inmefl to attend. Ruth Hodgss MMC Clerk NRGIN4RVILOT:Tuesday,November 16,2017 'Net PUBl1C HEARING LICENSE FOR USE OF TRAFFIC SIGNAL POLE The Vilma Beach City Council will hold e PGBUC HEARING at 0.W P.M. on Muanitr 21.2017 in the CM1y Council Chamber regarding the proposed license to Wildfire.56,Inc.of space on the City owned traffic signal pole located on the southeast cornet of the Intersection of NCMown and Baker Roads. The purpose of the healing will be to obtain pudic comment on the proposed license to use the traffic signal role for the purpose of attaching telecommunications equipment A copy of the proposed license A on file in the City Clerk's office. The Ciry Council Chamber Is located on the second floor of the City Hall building (Building 41)at 2401 Courthouse Dove. Virginia Beach. Virginia 23456. My questionsning the above- referenced leaseshould be direct to Darrell Riddick, Chief Teofnao®'Officer. Crty of Virginia Beach. by calling p57i 3851846. If you are physlmfy deeded or visually Impaired and need assistance at this meeting, please call the dlY CLERK'S 0FFICE at 75796.5430.3; Hearing Impaired, call 711 (lArginle Relay - Telephone Device for the Deaf) All nterested parties are in* t fiend W Ruth HMMC City Clerk B:acon:Surld y,November 122017 Mn } PUBLIC HEARING LEASE OF DARK FIBER The Virginia Beach City Council will hold a Pt. UC HEPRING at 6;0 P.M. on November 21 2017 in the City Council Chamber regarding the proposed lease to wildfire 5G, Inc. of City-owned fiber Optic cable installed as pert of the City communications network in the form of dark fiber, connecting at Newtown Rnad/Baker Road and Northampton Boulevard/Diamond springs Road. Die purpose of the hearing will be to obtain public comment on the proposed lease of Ciryownea fiber Optic cable A y Of the lease is on file in the City Clerks office. The City Council Chamber is located on the second floor of the City Hall building (Building x11 at 2401 Courthouse Drive,Virgnia Beach.Virginia 23456. My puestlons concerning the above-referenced lease should be direct to Darrell Riddick. Chief Technology Officer.City of Virginia Beach.by calling 757)385-1846. If you are phyalcally deeded or Nauelly Impaired and need assistance at this meeting please call the CITY CLERICS OFFICE at 157365-4303. Hearing Impaired. pall 711 (Virgnia Relay - Telephone Device for the Deaf). All interested parties are invited to attend. Ruth HCQg Spy MMO �Clry Clerk Bee Sunday,November 11.2017 PUBLIC HEARING AMENDMENT TO THE FY 2017-18 CAPITAL BUDGET: Appropriation of $5,292,784 to CIP 7-041 "Central Resort District Drainage Improvements" On Tuesday, November 21 , 2017, at 6:00 p.m. in the City Coun- cil Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2017-18 Capital Budget. The purpose of this public hearing is to gain public input on a proposed amendment to the FY 2017-18 Capital Budget. The proposed amendment is for the appropriation of $5,292,784 of re- imbursements from the Federal Emergency Management Agency for expenses related to Hurricane Matthew to CIP 7-041 "Central Resort District Drainage Improvements". This hearing is required by Virginia State Code § 15.2-2507(A) as the amount of the pro- posed amendment exceeds 1 % of the City's total FY 2017-18 Capital Budget. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hear- ing impaired, TDD — 711 . Ruth Hodges Fraser, MMC City Clerk Beacon, Sunday, November 12, 2017 • J. ORDINANCES/RESOLUTION I. Resolution naming the Virginia Beach Convention Center Ballroom, "James B. Ricketts Ballroom" 2. Ordinance to AMEND City Code §17-3 pertaining to the Public Library Board terms and limitations 3. Ordinance to AUTHORIZE acquisition of temporary construction and permanent drainage easements for the Burton Station/Baker Road Drainage Improvement Project by agreement or condemnation 4. Ordinances to EXECUTE an Agreement and Lease with Wildfire SG Inc,: a. Use of City-owned traffic signal pole to install wireless equipment at the intersection of Newtown and Baker Roads b. Lease bundles of City-owned dark fiber optic cable at the intersection of Newtown/Baker Roads and Northampton Boulevard/Diamond Springs Roads 5. Ordinance to ACCEPT and APPROPRIATE a. $5,292,784 from FEMA to the Central Resort District Drainage Improvements project b. $ 46,068 to the Fire Department for the Hazmat Team TL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Naming the Ballroom within the Virginia Beach Convention Center as "The James B. Ricketts Ballroom" MEETING DATE: November21, 2017 • Background: James "Jim" B. Ricketts began his career with the City of Virginia Beach in 1974 as Tourism Development Representative. Mr. Ricketts was the first Department Director responsible for making Virginia Beach a vacation destination and served as the director for the Virginia Beach Convention and Visitors Bureau. He humbly dedicated his career to both local and national growth of the travel industry, through his tremendous work ethic and passion for regional tourism, diversity and inclusion. Mr. Ricketts was a founding member of the Coastal Virginia Tourism Alliance and established the Virginia Beach Travel and Tourism Foundation. He was chosen to receive the Dorothy Hardman Spirit of Southeast Tourism Society award, which recognizes professionals who epitomize the greatest attributes of the tourism industry. He represented the City on the Board of Directors for the U.S. Travel Association, as well as the Travel Industry Association of America Government Relations Committee, Virginia Tourism Corporation, Southeast Tourism Society, Virginia Hospitality and Travel Association, the 1995 White House Conference on Travel and Tourism (representing Virginia), the Governor's Commission on Development of the Virginia Travel and Tourism Industry, Virginia Travel Council, Atlantic Coastal Attractions and Ocean Highway Association. His leadership of the Convention and Visitors Bureau led the City of Virginia Beach's tourism department to be honored four times with prestigious Destinations Council Destiny awards, the Travel and Tourism Research Association of America's J. Desmond Slattery Marketing Award and several Southeast Tourism Society Shining Example awards. • Considerations: In recognition of his substantial contributions to the City, this resolution renames the ballroom within the Virginia Beach Convention Center as "The James B. Ricketts Ballroom." • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Resolution Requested by Councilmember Uhrin REQUESTED BY COUNCILMEMBER UHRIN 1 A RESOLUTION NAMING THE BALLROOM WITHIN THE 2 VIRGINIA BEACH CONVENTION CENTER AS"THE JAMES 3 B. RICKETTS BALLROOM" 4 5 WHEREAS, James "Jim' B. Ricketts began his career with the City of Virginia 6 Beach in 1974 as Tourism Development Representative; 7 8 WHEREAS, Mr. Ricketts was the first Department Director responsible for making 9 Virginia Beach a vacation destination, thus becoming the director for the Virginia Beach 10 Convention and Visitors Bureau; 11 12 WHEREAS, Mr. Ricketts humbly dedicated his career to both local and national 13 growth of the travel industry, through his tremendous work ethic and passion for regional 14 tourism, diversity and inclusion; 15 16 WHEREAS, Mr. Ricketts was a founding member of the Coastal Virginia Tourism 17 Alliance and established the Virginia Beach Travel and Tourism Foundation; 18 19 WHEREAS, Mr. Ricketts was chosen to receive the Dorothy Hardman Spirit of 20 Southeast Tourism Society award, which recognizes professionals who epitomize the 21 greatest attributes of the tourism industry; 22 23 WHEREAS, Mr. Ricketts represented the City on the Board of Directors for the 24 U.S. Travel Association, as well as the Travel Industry Association of America 25 Government Relations Committee, Virginia Tourism Corporation, Southeast Tourism 26 Society, Virginia Hospitality and Travel Association, the 1995 White House Conference 27 on Travel and Tourism (representing Virginia), the Governor's Commission on 28 Development of the Virginia Travel and Tourism Industry, Virginia Travel Council, Atlantic 29 Coastal Attractions and Ocean Highway Association; and 30 31 WHEREAS, Mr. Ricketts' leadership of the Convention and Visitors Bureau led the 32 City of Virginia Beach's tourism department to be honored four times with prestigious 33 Destinations Council Destiny awards, the Travel and Tourism Research Association of 34 America's J. Desmond Slattery Marketing Award and several Southeast Tourism Society 35 Shining Example awards. 36 37 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the ballroom within the Virginia Beach Convention Center, located at 1000 41 19th Street, is hereby renamed, and shall henceforth be known as, "The James B. Ricketts 42 Ballroom." Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: i City Attorney's Office Q CA14241 R-2 November 15, 2017 �, -4 � . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 17-3 of the City Code Pertaining to the Public Library Board MEETING DATE: November 21, 2017 • Background: The City has had a public library board since its incorporation in 1965. State law requires that the terms of appointment for many local public library board members be four years, but that requirement does not apply to the City of Virginia Beach. Nevertheless, in order to align the terms of the City's board with the terms of other boards in the state, the City's Public Library Board recently voted to request that their terms of appointment be for four years instead of the current three years. This ordinance changes the terms for new appointments to four years. The ordinance also contains some "housekeeping' amendments that clarify the terms of the board's two student members and broaden the pool from which a representative of the City's Public Schools may be appointed (currently, the Code requires that the School representative work in the technology department). • Considerations: In order to equitably treat current members who were appointed to three-year terms, the ordinance sets forth the City Council's intent that current appointees (other than student members) who, at the end of their current term, will have served less than eight years but more than four years would be eligible for a single additional appointment to one four-year term, and current members who at the end of their current terms will have served less than four years would be eligible for appointment to two consecutive four-year terms. In order to avoid cluttering the codified ordinance with complicated text that would become obsolete with the passage of time, Council's instructions with respect to current appointees are contained in "whereas" clauses that are not part of the City Code but nevertheless provide staff and the public with the clear direction as to the potential reappointment of current members. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the ordinance. • Attachment: Ordinance. Recommended Action: Approval Submitting D •: - = Agency: Public Libraries City Manage 1 1 AN ORDINANCE TO AMEND SECTION 17-3 2 OF THE CITY CODE PERTAINING TO THE 3 PUBLIC LIBRARY BOARD 4 5 SECTION AMENDED: § 17-3 6 7 WHEREAS, the Public Library Board has requested certain changes to City 8 Code § 17-3 in order for the membership terms of the City's Library Board to be more in 9 line with the terms of library boards in other localities; 10 11 WHEREAS, current members of the City's Library Board have been appointed to 12 three-year terms, and the Board has requested that future appointments be made for 13 four-year terms (except for the student members); 14 15 WHEREAS, City Code § 2-3 provides that persons appointed by the City Council 16 to four-year terms may serve up to two consecutive four-year terms; 17 18 WHEREAS, the City Council intends that current appointees (other than the 19 student members) who at the end of their current term will have served less than eight 20 years but more than four years would be eligible for a single additional appointment to 21 one four-year term, and that current members who at the end of their current terms will 22 have served less than four years would be eligible for appointment to two consecutive 23 four-year terms; and 24 25 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That Section 17-3 of the Code of the City of Virginia Beach, Virginia, is hereby 29 amended and ordained to read as follows: 30 31 Sec. 17-3. - Public library board. 32 33 (a) There is hereby created a public library board, which shall consist of not less 34 than seven (7) nor more than thirteen (13) members. The members of the board shall 35 be appointed by the city council for terms of three-(3) four(4) years; evidod, hewever, 37 Members may serve for no more than two (2) 38 consecutive four-year terms. Two (2) members shall be high school juniors students (a 39 junior and a senior), whose terms shall be for two (2) years, expire upon their 40 graduation from high school, and one (1) member shall be an employee of the scheel 41 Virginia Beach City Public Schools. The board shall 42 select from its membership a chairman and vice-chairman. 43 44 (b) The public library board shall meet not less frequently than once every 45 quarter (three (3) months) and additionally, at the call of the chairman or the director of 46 public libraries. The board shall be responsible for making recommendations to the 47 council on all phases of library planning, policy and management. 48 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 49 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Sae Eva Poole Roderick R. Ingram Public Libraries City Attorney's Office CA14134 R-3 October 30, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of temporary construction and permanent drainage easements for the Burton Station / Baker Road Drainage Improvements Project (CIP 7-036) by agreement or condemnation. MEETING DATE: November 21, 2017 • Background: The Burton Station / Baker Road Drainage Project, CIP 7-036 (the "Project") is being managed by the Strategic Growth Area Office. This strategic growth area is located in the northwestern part of the City adjacent to the Norfolk International Airport, Little Creek Amphibious Base, Airport Industrial Park, and Interstate 64. Burton Station is a 100+ year old Virginia Beach community. A major component of the planning process involved working with the residents and stakeholders of the Burton Station community to arrive at a clear understanding of public improvements for this neighborhood. These drainage improvements require the acquisition of temporary and/or permanent easements from nine parcels. Negotiations with the property owners have begun and the City has reached agreement on four parcels; however, voluntary acquisition may not be possible due to title issues and time constraints on the remaining five. • Considerations: The Project will alleviate flooding within the existing neighborhood along Burton Station Road and the areas surrounding Burton Station Lake and will provide outfall drainage for new roads in Burton Station. It will provide for drainage outfall improvements from an existing lake located west of Baker Road to an existing storm sewer system within Diamond Springs Road, a distance of approximately 1,410 feet. Improvements will include a weir structure and a combination piped/open channel drainage system. The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all temporary and permanent easements associated with the Project. Funding for the acquisition has been appropriated in CIP 7- 036. • Public Information: Four Citizen Information Meetings were held to present the major design features of the Project and to receive public comments. A majority of the respondents were in favor of the Project improvements. A public hearing for this Ordinance was advertised in The Virginian-Pilot, and this matter was advertised with the City Council agenda. • Alternatives: Deny the request for authority to acquire, by agreement or condemnation, the property associated with the Project. • Recommendations: Approve the ordinance as presented. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works M-131 City Manager: cl4)..._Th 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR BURTON 4 STATION / BAKER ROAD DRAINAGE 5 IMPROVEMENT PROJECT (CIP 7-036) BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists to improve the public infrastructure in the Burton Station Strategic 10 Growth Area, including stormwater drainage to drain new roads and improve flooding within 11 the City and for other related public purposes for the preservation of the safety, health, 12 peace, good order, comfort, convenience, and for the welfare of the people in the City of 13 Virginia Beach. 14 is NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq. and Title 25.1 of the Code of 20 Virginia of 1950, as amended, of all that certain real property including temporary and 21 permanent easements (the "Property"), as shown on the plans entitled "BURTON 22 STATION / BAKER ROAD DRAINAGE IMPROVEMENT PLANS CIP #7-036.000,"(the 23 "Project") and more specifically described on the acquisition plats for the Project (plats and 24 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 25 Division, Department of Public Works, City of Virginia Beach, Virginia. 26 27 Section 2. That the City Manager is hereby authorized to make or cause to be 28 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 29 reasonable offer to the owners or persons having an interest in said Property. If refused, 30 or if the property owners are unable to convey clear title to the Property, the City Attorney is 31 hereby authorized to institute proceedings to condemn said Property. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 34 , 2017. CA14034 10/02/2017 R-1 \\vbgov.com\dtsi applications\citylaw\cycom32\wpdocs\d003\0026\00424983doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC ORKS/R AL ESTATE CITY A1TORttY i E IN o tS',0 w --...&.--- E � / SITE \ 0 �/' z S o _ W pv v YAW DR csi ' f -o % 6 ill \ 0 I. Mil" /447 4:- i 4 I IIPP411 41. 4 4 fr .7, n 44; m SH ; A Mil A * 11 0:1:10,40P A d 4r‘ ETA-v 0'. lino oA ea * ♦ff � vee co 3 1. a °ti • CIP PROJECT P4` 1�// `�,► i. ✓IQ. 7-036 '�+ I, �i1111111111111111 /�� '0^/ �p� ANY-RD IIIIIII111111t1111t1 ;i�� S' � N1�' + � �' A kir-,-...A1111111101111110 p ,NX V il). 4 ai sl* otr..44s s* 1-4 .2Aa go 04 0 . at s :A 0 • #4ito ♦ Q` ■� p: t � , • (i) v i ,i� k.r+---L).: * 6- uz* 0 to .. 1p LOCATION MAP BURTON STATION / BAKER ROAD Legend DRAINAGE IMPROVEMENTS City Property 20 CIP 7-036 7-036 �' SCALE: 1 " = 600' Prepared by P.W./EngJEng.Support Services Bureau 1 11212 01 7 X\GADO\Projects'ARC F/es/Agenda Maps\Baker Rd/Baker RdDrainage.mxd [ #044‘ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute an Agreement with Wildfire 5G, Inc. for Use of a City-owned Traffic Signal Pole Located at the Intersection of Newtown Road and Baker Road MEETING DATE: November 21, 2017 • Background: Wildfire 5G, Inc., ("Wildfire") is working on a pilot program to offer high-speed wireless internet service (the "Pilot Program") to the residents of the Campus East/Lake Edward neighborhood in the City of Virginia Beach (the "Pilot Area"). In addition to underground fiber and transmitters located on private property, Wildfire has requested to place one antenna transmitter and related equipment (the "Equipment") on an above-ground structure located in the Pilot Area. Wildfire has identified the traffic signal pole located on the southeast corner of the intersection of Newtown Road and Baker Road (the "Premises") to be a suitable location for the Equipment. • Considerations: As part of the Pilot Program, Wildfire has committed to providing one free internet account to each student residing in the Pilot Area who has been issued a WiFi-enabled device (e.g., Google Chromebook) owned by Virginia Beach City Public Schools and assigned to the student for at-home use. In addition, Wildfire will introduce internet connection plans to residents of the Pilot Area starting at a cost of $19.99 per household, per month. Once Wildfire's technology is deployed in the Pilot Area, Wildfire intends to extend its offerings to other areas of the City. • Public Information: A public hearing notice was published in The Virginian-Pilot on November 12, 2017. • Alternatives: Approve the terms of the Agreement, revise the terms of the Agreement or decline to enter into an Agreement. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Form Recommended Action: Approval Submitting De•a en • gency: Information Technology City Manager: ,'a' 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 WITH WILDFIRE, 5G, INC. FOR USE OF A 4 CITY-OWNED TRAFFIC SIGNAL POLE 5 LOCATED AT THE INTERSECTION OF 6 NEWTOWN ROAD AND BAKER ROAD 7 8 WHEREAS, Wildfire 5G, Inc. ("Wildfire") is working on a pilot program to offer 9 high-speed internet service to residents of the Campus East/Lake Edward 10 neighborhood in the City of Virginia Beach (the "Pilot Area"); 11 12 WHEREAS, in order to bring the physical connectivity to the Pilot Area, 13 Wildfire needs to place one antenna transmitter and related equipment (together, the 14 "Equipment") on an above-ground structure located in the Pilot Area; 15 16 WHEREAS, Wildfire has identified the traffic signal pole located on the 17 southeast corner of the intersection of Newtown Road and Baker Road (the "Premises") 18 to be a suitable location for the Equipment; 19 20 WHEREAS, following successful deployment in the Pilot Area, Wildfire 21 intends to expand its offerings to other areas of the City; and 22 23 WHEREAS, Wildfire's use of the Premises would provide another option for 24 internet connectivity to the residents of the Pilot Area, and eventually to all City 25 residents. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager, or his designee, is hereby authorized to execute an 31 Agreement with Wildfire 5G, Inc. for use of a City-owned traffic signal pole, in 32 accordance with the Summary of Terms attached hereto as Exhibit A, and made a part 33 hereof, and such other terms, conditions, and modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this 37 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney CA14032 R-1 November 15, 2017 EXHIBIT A SUMMARY OF TERMS WILDFIRE 5G — LICENSE AGREEMENT LICENSOR: City of Virginia Beach (the "City") LICENSEE: Wildfire 5G, Inc. ("Wildfire") TERM: One (1) year with the option to renew for four (4) one-year terms, upon mutual agreement of the parties. LICENSE FEE: $1000 per month' PREMISES: Southeast corner of the intersection of Newtown Road and Baker Road; Public Works GIS Identification Numbers [UNITID] =23 and [COMPKY] = 27755. PERMITTED USE: Attachment of antenna and related equipment (the "Equipment") are subject to permitting requirements of the City and obtaining all approvals as required by the City's Public Works Traffic Engineering Department. OTHER FEES: Wildfire will be responsible for payment of all taxes, electricity, permit fees, etc. as necessary for installation and maintenance of the Equipment. TERMINATION: City may terminate Wildfire's use of the Premises with sixty (60) days' notice, or immediately in the case of an emergency. LIABILITY: Wildfire required to indemnify and hold City harmless. INSURANCE: Wildfire must maintain $1 million General Commercial Liability Insurance throughout the term of the Agreement, and must provide City with certificates of insurance prior to commencing work. * Per the Agreement, License Fee will be waived for every month that Wildfire provides Essential Connectivity to at least eighty percent (80%) of households with Students ("Students") in the Pilot Area. "Essential Connectivity" is defined as the ability to connect one School-assigned Device to high-speed broadband internet within the Student's residence at connection speeds of 40 mbps to 300 mbps. A "School-assigned Device" is a Google Chromebook or similar device, owned by the City of Virginia Beach Public Schools and assigned to a Student for at-home educational use. LOCATION MAP 10 .✓ a y ! o Are N ,, # :• ISI 6 f 111111esh% .:eat /Air, ,.,„,,. /° 1 _ - #11. 0 1 44141 TRAFFIC SIGNAL POLE I nCATInN V` 4::#* .I oe ,, i• ; •_.,ty ,t, . ..,.; .s. ,, _ .4 A.341 .4. -,. , . V,4 Po AI V IN, ilkt,14 i "/ CVB Fiber Network .._ /Mk ' ' , t0. ,r ..` k • ..... ft...... , • tI . 4" s'•` `.., • 71 A aP s...# 'hie'. •••••_?tar.b p , / - • 10 ,. • ,` j , .: 1.... ` 11/4B Virginia Beach APPLICANT'S NAME Wildfire 5g, Inc DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY /All disclosures must he updated two{Z)weeks pi ice to any - Page 1 of 7 Plummy Conmi¢sion ane City Counci ntectino that pertains to the apphtanon(s. APPLICANT NOTIFIED OF HEARING CAIt NO CHANGES AS OF DATE 0 REVISIONS SUBMITTED DAIL. e\B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Wildfire 5g, 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) Glenn M. Fishbine, David D. Deming, John Lupton, James Salter (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 property owner is different from Applicant. ri Check here if the PROPERTY OWNER IS NOTa 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or 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. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return • X Architect / Landscape Architect / Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) • nConstruction Contractors ❑ n Engineers / Surveyors/ Agents Financing (include current pi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Soffer-Charbonnet Law Group, PLLC Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property ♦ h 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 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. Glenn Fishbine 11/15/17 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 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 purchaser's service providers Any other pending or proposed I 7 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors 111 Engineers / Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ri Legal Services Real Estate Brokers / • n Agents/Realtors for current and anticipated future sales of the subject property ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ n 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 11/4B 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. Glenn Fishbine 11/15/17 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 (4- yi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease with Wildfire 5G, Inc. for Dark Fiber Located in the City's Communications Network MEETING DATE: November 21, 2017 • Background: The City of Virginia Beach ("City") owns a fiber optic network for the purpose of providing communications capabilities to City government facilities ("City Network"). Certain bundles of fiber optic cable installed as part of the City Network are excess because they are not currently needed to meet the City's communications needs ("Dark Fiber"). Wildfire 5G, Inc. ("Wildfire") is working on a pilot program in the Campus East/Lake Edward area of Virginia Beach (the "Pilot Area") to provide an affordable, alternative means to access high-speed broadband internet via wide-area WiFi connection points (the "Pilot Program"). Wildfire intends to use a portion of the City Network combined with fiber owned by Metro Fiber Networks, Inc. to provide the fiber backbone necessary to deploy the Pilot Program. Wildfire intends to provide a public benefit through its Pilot Program by issuing free internet accounts to students residing in the Pilot Area (the "Students"), and by offering a competitively-priced, alternative means for Pilot Area residents to connect to the internet and access public information regarding employment, educational opportunities and other intemet-related services. • Considerations: The City believes that the interest of the public, including the City's economic development goals, would be served by allowing Wildfire to lease a portion of the Dark Fiber, in accordance with the terms of a lease agreement (the "Lease"). The Lease is for a one (1) year term with the option for four (4) additional one year renewal terms upon the mutual consent of both parties. Under the terms of the Lease, the rate of $425 per strand/per linear mile/per month will be waived for every month that Wildfire provides Essential Connectivity to at least 80% of households in the Pilot Area. "Essential Connectivity" is defined as the ability to connect one WiFi-enabled device to high-speed broadband intemet within the Student's residence at connection speeds of 40 mbps to 300 mbps. Wildfire will apply for all necessary permits and will pay all associated costs to connect to the City Network. The proposed use of the Dark Fiber by Wildfire will not interfere with the City's continued use of the City Network. • Public Information: A public hearing notice was published in The Virginian-Pilot on November 12, 2017. ■ Alternatives: Approve the terms of the Lease or decline entering into the Lease. • Attachments: Ordinance, Summary of Terms, Location Map and Disclosure Form Recommended Action: Approval Submitting De! . -ntIAeency: Information Technology / City Manager: : 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE WITH 3 WILDFIRE 5G, INC. FOR DARK FIBER 4 LOCATED IN THE CITY'S COMMUNICATIONS 5 NETWORK 6 7 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the 8 purpose of providing communications capabilities to City government facilities ("City 9 Network"); 10 11 WHEREAS, certain bundles of fiber optic cable installed as part of the City 12 Network are excess because they are not currently needed to meet the City's 13 communications needs ("Dark Fiber"); 14 15 WHEREAS, Wildfire is working to deploy a pilot program to bring high-speed 16 broadband internet via wide-area WiFi connection points to the City; 17 18 WHEREAS, in the interest of efficiency, Wildfire finds that it is prudent and 19 economical to lease fiber optic cable, specifically, portions of Dark Fiber, from the City 20 rather than to construct additional facilities of its own; 21 22 WHEREAS, the City believes that the interest of the public, including the City's 23 economic development goals, would be served by allowing Wildfire to lease the Dark 24 Fiber; and 25 26 WHEREAS, the proposed use of the City's Dark Fiber by Wildfire would not 27 interfere with the City's use of the City Network. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager, or his designee, is hereby authorized to execute a lease 33 between Wildfire and the City for a term not to exceed five (5) years, for various portions 34 of Dark Fiber in the City Network, in accordance with the Summary of Terms attached 35 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager and in a form deemed 37 satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LE1pAL SUFFICIENCY: 410 J Information Technology City Attorney's Office CA14033 R-1 November 8, 2017 2 EXHIBIT A SUMMARY OF TERMS WILDFIRE 5G— DARK FIBER LEASE LESSOR: City of Virginia Beach ("City") LESSEE: Wildfire 5G, Inc. ("Wildfire") TERM: One (1)year with the option to renew for four(4)additional one (1) year terms, upon mutual agreement of the parties. LEASE FEE: $425 per strand/per linear mile/per month* PROPOSED USE: Initially, Wildfire will connect to the City Network at the intersection of Newtown Road/Baker Road and exit at the intersection of Northampton Boulevard/Diamond Springs Road, covering approximately 10 miles. GRANT OF LEASE: Exclusive use of two (2) strands of dark fiber, nonexclusive use of each interconnection point, and exclusive use of interconnection fibers connecting the leased fibers and each interconnection point. NO EXCLUSIVITY: Nothing in the Lease limits City's right to use or lease to others any component of the City Network (other than specific fibers and interconnection points leased to Wildfire). ACCESS TO CITY FACILITIES: All work on City Network (constructing, lashing and splicing) is to be performed by City, or by a contractor approved by City. City has right to relocate City Network. Wildfire must obtain all required permits, approvals, consents and authorizations. Wildfire required to construct or pay for construction of any infrastructure required to connect to City Network. TERMINATION: Either party may terminate the Lease upon sixty (60) days' written notice to the other party. LIABILITY: Wildfire required to indemnify and hold City harmless. Neither party is liable to other party for indirect, consequential, special, incidental or punitive damages, or lost profits. INSURANCE: Wildfire must maintain $1 million General Commercial Liability insurance throughout the term of the Lease, and must provide City with certificates of insurance prior to commencing work. SECURITY: Wildfire must provide letter of credit in favor of City or deposit funds with City Treasurer in amount equal to twenty five percent (25%) of the stated monetary annual lease fee. Per the Lease, Lease Fee will be waived for every month that Wildfire provides Essential Connectivity to at least eighty percent (80%) of households with Students ("Students') in the Pilot Area. "Essential Connectivity" is defined as the ability to connect one School-assigned Device to high-speed broadband internet within the Student's residence at connection speeds of 40 mbps to 300 mbps. A "School-assigned Device" is a Google Chromebook or similar device, owned by the City of Virginia Beach Public Schools and assigned to a Student for at-home educational use. LOCATION MAP VB Virginia Beach Wildfire 5G Dark Fiber Path 0 0. $e~�N / 0/4 Mike 10 NO Splice �� _ so #115-01 sm''' pyo N ,6 4 Cypreaa Point yClub Ory ?� dye p Cypeas Point �r ). Country Club �� 0 C j b o J\�1 C � �Q11!Ir 10 t Jchool ,�`c`` c 'A` Chesapeake `f Barsde S`�' tNo P,;Academy A Mddle School S' G� y Ql r' UlG1AA1.'�II 2D r Arm . .` f ark p. --"-'----t, #023 ,' ‘ dv m •, $ •`' W Splice am Rosewood s ``` J Memorwl #023-01 �� Park vE,1e �o k,ver 8r t, A I V..4'4' 4Yoodhwn ! VQPCi Q �' A•' c Sentara , .- 93d y Leigh !Amoral ; Q 3 S H._, real GaIrk n' Cye4 <. v t - 7 r 6 ti CVB Traffic Pole 3 ;c_,,,:e St ►/ CVB Splice r N CVB Network r Wildfire Dark Fiber Path Traffic Pole and Splice locations are approximated and not drawn to scale I 11/4B Virginia, Reach APPLICANT'S NAME Wildfire 5g, Inc DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AI disclosnws must be upcatcd two (i]weolks prior to any Page 1 of 7 Planning CoTTlssion and City Council Teecino that pertains to the application(s). ❑ APPI I CANT NOTIFIED OF HEARING DAIL ❑ NO CHANGES AS OF DATE a _ REVISIONS SUBMITTED DAIL'. 11/4/3 Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. riCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Wildfire 5g, 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) Glenn M. Fishbine, David D. Deming, John Lupton, James Salter (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 • 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. 111 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or 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 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ 7 Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser(if other than Elthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) • nConstruction Contractors ❑ n Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders • I/VI selected or being considered to provide financing for acquisition or construction of the property) DLegal Services Soffer-Charbonnet Law Group, PLLC Real Estate Brokers / • 7Agents/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 n n 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 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. Glenn Fishbine 11/15/17 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if 1 needed) f n Accounting and/or preparer of I I your tax return ❑ ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) • nConstruction 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 properly) riLegal Services Real Estate Brokers / • n Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have n 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 V:+fGJ 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 "7"r1(„�,,, Glenn Fishbine 11/15/17 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 [ -0,-.44,_ .-: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $5,292,784 to CIP 7-041 "Central Resort District Drainage Improvements" MEETING DATE: November 21, 2017 • Background: The Central Resort District includes approximately 304 acres of drainage area bounded by Atlantic Avenue on the east, the convention center to the west, 23rd Street to the north and 17th Street to the south. This area regularly experiences roadway and property flooding. Storm drainage in the Central Resort District is challenging due to a combination of low lying areas, inadequate storm drain capacity, tidal flooding, large runoff volumes and high peak flows due to a large amount of impervious surface. The full comprehensive stormwater management project includes collection system improvements, stormwater pump stations, an ocean outfall system, and tidal backflow prevention devices for an estimated project cost of$113 million. A study was conducted to develop and evaluate a phased approach to address the flooding in this area. The first phase that was identified will redirect approximately 25 acres of drainage flow area from the intersection of 21st Street and Baltic Avenue to the existing 16'" Street pump station for an estimated project cost of$15 million. • Considerations: The City has received a reimbursement of $5,292,784 from FEMA for costs associated with Hurricane Matthew and these funds are available for appropriation. CIP 7-041 Central Resort District Drainage Improvements has $300,000 in appropriations to date. The phase I improvements are estimated to cost $15 million. The appropriation of $5,292,784 to this project will cover the cost to begin design and acquisition. Additionally, $10 Million will be requested in the proposed FY 19 CIP Budget to fund the utility relocation and construction cost for this Phase I improvement. • Public Information: As this appropriation exceeds 1% of the FY 2017-18 capital budget, a public hearing is required pursuant Virginia Code §15-2507 and will be conducted on November 21st. The advertisement for the Public Hearing was placed in the Sunday, November 1211' edition of the Beacon. Public information will also be provided through the normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Actio•. •pproval of Ordinance Submitting D: • . u nVA�ency: Public Works City Manager: 1_ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $5,292,784 TO CIP 7-041 "CENTRAL RESORT 3 DISTRICT DRAINAGE IMPROVEMENTS" 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $5,292,784 from Hurricane Matthew reimbursement payments is hereby accepted 9 from the Federal Emergency Management Administration and appropriated, with federal 10 revenue increased accordingly, to CIP 7-041, "Central District Drainage Improvements," 11 to partially fund the requirements of Phase I of CIP 7-014. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APcI ROVED AS TO LEGAL SUFFICIENCY: David Bradley ` neyer Budget and Management Services City Attorney's Office CA14182 R-1 October 19, 2017 ± x.14., ;$? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the FY 2017-18 Operating Budget of the Fire Department for the Hazmat Team MEETING DATE: November 21, 2017 • Background: The City was notified that the Virginia Department of Emergency Management would be providing a grant of $46,068 in federal pass-through funding for Hazardous Materials Team equipment. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team along with the Cities of Portsmouth, Norfolk, and Chesapeake. The funding will allow the Hazardous Materials Team to maintain its operational readiness for the response to, and identification of, unknown substances. • Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U. S. Department of Homeland Security's National Preparedness Directorate. The funds provided will be used to purchase equipment to improve the Hazardous Materials Team's ability to identify unknown substances. There is no local match required for this program. The end of the program period is March 31, 2018. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval lel Submitting Departency: Fire Department City Manager: II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO THE FY 2017-18 OPERATING BUDGET OF 3 THE FIRE DEPARTMENT FOR THE HAZMAT TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $46,068 is hereby accepted from the United States Department of Homeland 9 Security and appropriated, with federal revenue increased accordingly, to the FY 2017- 10 18 Operating Budget of the Fire Department for the purchase of equipment for the Hazmat 11 Team. 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: 9Ctn/ fL" David Bradley D. •: -rmeyer Budget and Management Service' City Attorney's Office CA14240 R-1 November 6, 2017 K. PLANNING I. WATER BOXES, LLC: a. Conditional Change of Zoning from B-2 Community Business and R-7.5 Residential to Conditional B-4 Mixed Use and P-1 Preservation b. Conditional Use Permit re multi-family dwelling and commercial marina at 2100 Marina Shore Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 2. COURTHOUSE AREA CHARITY / PRINCESS ANNE MASONIC LODGE ETC for a Conditional Use Permit re assembly use at 2849 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. CAVALIER GOLF & YACHT CLUB for closure of public right-of-way, known as Cardinal Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL V f/ NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beech will be held in the Council Chamber of the City Hall Building, Municipal Center. Virginia Beach. Virginia, on Tuesday, November 21, 2017 at 603 pm.,at which time the following applications wilt he heard. INSTINCT -LYNNHAVEN Water Bones, LLC conditional Use Permits (Mulo-Family Dwelling & Commercial Marina) Conditional RP/oninv(B2 Community Business &R-75 Residential to Conditional BG Mixed Use&P-1 Preservation) 2100 Marina Shores Drive (GPINs 1499487413,&a portion of 1099589755) DISTRICT 7-PRINCESS NINE Courthouse Area charity/Princess Anne Masonic Lodge ETC Conditional Ilse Permit)Assembly Use)2849 Princess Anne Road IGPIN 1494461205) DISTRICT-LYNNHAVEN Cavalier Golf&Yacht Club Sygt Closure Portion of Cardinal Road )Miawm to GAIN 2018246580) All interested panics are invited 10 attend. Ruth Hodges Fraser.MMC City clerk Copies of the proposed ordinances, and amendments are on file and may be examined in the Department of Planning or online at htw✓/www.vbgayESTSCS. For information call 3654621. If you are physically disabled or tally Ym[ERK and need assistance at this meeting please call 385- 433e CITY Cimpaired CallE 711 43Si: Hearing one Devi 711 e(Virginia Relay-Telephone Device for Deaf). BEACON: NOVEMBER 5 8112.2017 -1 TIME EACH. Due to a typographical error in my October znd letter of the same subject,attached is a revised letter of support from The Broad Bay Island Civic League for the application of Water Boxes LLC for the development of an apartment complex to replace the current Marina Shore dry boat storage,boat repairs and fuel service. Please distribute as appropriate for consideration during the upcoming Virginia Beach Planning Commission and City Council review/approval process. Please feel free to contact me for any further questions you may have. Thank you, Walt Donovan President, Broad Bay Island Civic League \ Broad Bay Island ,,,, Circ League / I October 05,2017 Honorable Mayor and Members of City Council City of Virginia Beach,Virginia The Broad Bay Island Civic League,by unanimous vote,support the application of Water Boxes LLC for the development of an apartment complex to replace the current Marina Shore dry boat storage, boat repairs and fuel service. The developer,Mr.Brad Waltzer,appeared before our general membership and fully addressed all concerns to everyone satisfaction on two different occasions. This letter corrects a typographical error in the October 2"d letter on the same subject. Please feel free to contact me for any further questions you may have. Regards, o alPresident�a Bay Island Civic league Cc: Planning Commission City Manager Director of Planning BBICL Board Members Mr.Brad Waitzer ,_ _ _-_ -rimismixiININNIIIIIIiiimai, c 2_--,62 f , , i .If \ I silk V - • .--1\ L ..... -lam • n_1, ,,. ••:''\ C)- ...2. ---' I, '' ‘ f•-is--1." ct-'1 - trrIP.:61 a ' 1 i -_,_\.- . .... IOW , , .•..., •_ -. _ . r '' T....-)...,•,'"'''. 0• '..ft-0 ''' __,'\-.) ....0 0 ce v...p „evil .---)1 c-- -0-____.. 0_, - /- w L. .,., , .. VIII' c1 . --- 0 V) --AV111/:._. * °(<",1/4.1) 1%. N. 1 ittli tk.kx, , "1`11/ t c--; 1 11 ., ;1 A - . Itillit' ..- 175- -- ---- I -- . _._. _ . . .. " , . ,,,,,..„.......- . , iii; , „„ -, • , . ,_.1--3 Li \-,-.,,, Ar .— ... , , , i 0 •1.-1-1 riril. 4. Si r-V• '-L2 ---10: (---1,- 11 „' . i i CNI •1 , t... , LI ii • 1,, ..,....... .,....„-- , 1 , r-i 0 5 ' ) D n a t.,....1 Olgri "N I .i a -44— -- 7 :,--3---e IL/ ‘ \\-r\ ___„-• .././/...... ..11 Iwo,I,,,,, _ 2 c --3 ._ Q I \- '",--i c°- --- 2•• -- . E . 2 4 0 . 11....... . 4(Z' - --__ __ - __ ----Alm --_-_:-_- g, .......Ar.- - --- -- —I------ --"" --.'-..-"_-.1'. Great tfdaileauitn-_-_-_== ce____;-wi, 4 , tit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WATER BOXES, LLC [Applicant & Property Owner] Conditional Change of Zoning (B-2 Community Business & R-7.5 Residential Districts to Conditional B-4 (SD) Mixed Use (Shore Drive Overlay) & Conditional P-1 Preservation Districts) Conditional Use Permits (Multi-Family Dwellings in the Shore Drive Overlay & Commercial Marina) 2100 Marina Shores Drive (GPINs 1499487413, portion of 1499589755). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: November 21, 2017 • Background: The applicant is requesting to change the zoning classification of an 18.39-acre site from B-2 Community Business District to Conditional B-4 (Shore Drive Overlay) Mixed Use District on 13.78 acres, and from R-7.5 Residential District to Conditional P-1 Preservation District on 4.61 acres. As required for property zoned B-4 in the Shore Drive Overlay, a Conditional Use Permit is requested for Multi- Family Dwellings, in order to redevelop a portion of the site with up to 200 apartment units. As the existing marina was developed prior to the Zoning Ordinance necessitating a Conditional Use Permit for such a use, a second Conditional Use Permit is requested for a Commercial Marina. The existing 166- boat slip marina will continue to operate on the site, noting that no sale of fuel is proposed. Redevelopment of the site includes the demolition of the existing dry boat storage building and all of the existing buildings along the water's edge, with the exception of an existing restaurant building and the pool area. A new 4,500 square foot restaurant is proposed near the water on the southwestern portion of the site. In the event that the area where the existing restaurant building and the pool are redeveloped, the uses must conform to the permitted proffered uses and the architecture of all new structures must be a "coastal style" with approval by the Planning Director. The applicant is seeking a reduction in the number of parking spaces through the provisions for shared parking in the Zoning Ordinance. The Zoning Ordinance does not permit the 47 garage spaces to be counted, but physically, the site will be shy by 17 of the required 546 parking spaces. Water Boxes, LLC Page 2 of 3 The proffer agreement requires that the P-1 Preservation Parcel be deeded to a conservation organization and requires that an easement be granted for use of that site for passive recreation by the neighborhoods to the north. • Considerations: There were several letters of opposition submitted, and an on-line petition with over 700 signatures presented to the Planning Commission. There were three speakers in opposition at the public hearing who voiced concerns related to: traffic, safety, density, property values. There were six speakers in support, with two others supportive subject to a reduction in the speed limit on Great Neck Road, the construction of a traffic signal at Great Neck Road and Lynnhaven Road, and that the City not use the existing easement on this property for access to Long Creek for dredge operations. Based on Traffic Engineering's analysis, Staff does not believe that the traffic generated by the proposed 200 apartments along with the existing marina and restaurant will vary much from the existing uses on the site. Staff is also of the opinion that the proposed traffic generation is far less than if the site was fully developed under the current B-2 zoning, which permits office, retail and restaurant uses, all of which generate more traffic than apartments. The architectural design and building materials are high quality, and the preservation of the most sensitive portion of the R-7.5 property is significant. Further details pertaining to the request, as well as Staffs evaluation, 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 8-0. Recommended condition for the Conditional Use Permit for Multi-Family Dwellings in the Shore Drive Overlay 1. All provisions set forth in the proffer agreement related to the apartment building elevations and site layout shall serve as conditions of this Conditional Use Permit. Recommended condition for the Conditional Use Permit for a Commercial Marina 1. The sale of fuel and the provision of dry-dock storage of boats shall be prohibited on this property. Water Boxes, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep n ,ency: Planning Department City Manager: Applicant & Property Owner Water Boxes, LLC Agenda Item Public Hearing October 11, 2017 City Council Election District Lynnhaven D 1 1/B Virginia Beach Requests Conditional Rezoning (B-2 Community Business & R-7.5 Residential Districts to % 2 a e a Conditional B-4(SD) Mixed-Use (Shore Drive veNe^"°`Ne = \ a �� rt 2 i. `: k Overlay) & P-1 Preservation Districts) ' 7 Conditional Use Permit (Multi-Familya san°�"0.a Dwellings in the Shore Drive Overlay) qnn"L"°eye �Poa c Conditional Use Permit (Commercial Marina) ,s_ ,,,„,,,,w6 `� < Staff Recommendation oa ' Approval P QO Staff Planner ^lf!. - bot 9 Carolyn A.K. Smith a, Thomas&shop Lane .4�'�de��e Location 2100 Marina Shores Drive GPINs 1499487413, and a portion of 1499589755 Site Size 18.39 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay lifflit �i �"AAte,- t} P. ,.. Existing Land Use and Zoning District - ,,,1 ` , ,,, ' ` L Marina with indoor boat storage&wet slips, 1 restaurant/B-2 Community Business(Shore Drive Overlay - 401111011111!:-)f.e. Surrounding Land Uses and Zoning Districts l; IL North `' ...a `r. - ir ,�, ." Single-family dwellings,vacant upland, marsh/A-12 t$Al f, `t :, T= of Apartment,Conditional A-36 Apartment, R-7.5 )1-4-4 o 4173 �?J l� Residential f. t i. ...P r; 1 f South ' -- �� ' £ r J Long Creek,Single-family dwellings/R-10 �r 7 ! `` y' �� . Residential •r• A 1.ilik ?..0411::.=•c s• '1 `4► East r di.-1r I' (AL rQaY,u `r�lir 'i .I* '- ' r li Single-family dwellings/R-10 Residential i``~ B' � '' r ` lAt j . , - *; West �Caial =-t1 . North Great Neck Road, Mixed retail/Conditional B- 2 Community Business Water Boxes, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • The applicant is requesting to change the zoning classification of an 18.39-acre site from B-2 Community Business District and R-7.5 Residential District to Conditional B-4 (Shore Drive Overlay) Mixed Use District (13.78 acres) and P-1 Preservation District (4.61 acres), respectively. • As required for property zoned B-4 in the Shore Drive Overlay, a Conditional Use Permit is requested for Multi- family Dwellings, in order to redevelop approximately 14 acres of the site with up to 200 apartment units. • As the existing marina was developed prior to the Zoning Ordinance necessitating a Conditional Use Permit for such a use, a second Conditional Use Permit is requested for a Commercial Marina. The existing marina will continue to operate on the site, noting that no sale of fuel is proposed. • The applicant intends to remove the dry storage and boat repair buildings; the fuel pumps; the retail sales areas; the restaurant/event space and the office units in the main building. All of these uses currently occupy portions of the site. The existing wet slips, swimming pool, and stand-alone restaurant (currently the Surf Rider Restaurant) will all remain. • The concept plan depicts two, four-story buildings with up to 200 luxury apartments, a new swimming pool and open space areas. The plan also depicts space for a second, 4,500 square-foot restaurant adjacent to Long Creek.The proffers require that any new restaurant structure be compatible with the "coastal" architectural style and materials of the proposed apartment buildings, with review by the Planning Director. • The proffered elevations depict four-story buildings of 68 feet in height with a mix of exterior building materials of brick and cement fiber board shingles, lap siding and vertical board and batten. The Zoning Ordinance does permit a height of up to 120 feet for property adjacent to the A-36 Apartment District, which is the zoning of the neighborhood to the north. • Vehicular access to the property will be via an existing private drive that has deeded ingress/egress to the subject site and is currently used to serve the 18-acre property. • The Zoning Ordinance requires a minimum of 546 parking spaces; however, only 480 spaces are shown on the plan. The applicant is seeking authorization to reduce the total maximum number of off-street parking spaces required for all of the uses on the Redevelopment Parcel through the use of shared parking and a recorded shared parking agreement.The conclusions of the study indicate that the reduction is warranted, as the 480 parking spaces proposed will meet the peak parking demands during the summer months (460 spaces during the weekday and 480 spaces during the weekend). It should be noted that there are 49 single-car garages planned, with a driveway capable of parking one vehicle outside of the garage.These interior garage spaces are not included in the parking count, but will be available for use by the occupants of the apartment units. • While up to 49 individual single-car garage spaces are proposed within the apartment buildings, the Zoning Ordinance does not permit the parking space within the garage to be counted towards meeting the minimum parking requirement. Practically speaking, the number of parking spaces available is 529, which is 17 less than the 546 spaces required for all of the uses on the entire 18-acre site. Water Boxes, LLC Agenda Item D1 Page 2 • The concept plan depicts the installation of a solid fence along the property lines adjacent to the single-family dwellings to the north (zoned A-36) and the City-owned property to the north and east (zoned A-12 and R-7.5). The required Category IV buffer is depicted along the northern property line, to provide screening to the single- family dwellings to the north. A deviation to the required Category IV buffer is requested along the property lines adjacent to the City-owned properties. The installation of the fence will serve to screen the dredge materials that from time-to-time are placed on that site to the apartments proposed on the applicant's site. • The applicant has proffered to rezone the residentially zoned parcel to P-1 Preservation District and to convey the "Preservation Parcel" to a non-profit conservation entity with a deed restriction prohibiting any future development of this undeveloped marshland. 46*aro. (k2=7:• ,=7.1 a 7� 110`I r --7.5 R 7• , R- .5 F Zoning History /�♦;- # Request c`e.kb Edge ori�e �,'�",0 A-51 REZ(A-36 to B-2)Approved 10/09/1990 A- R-7.5 R-7.5 2 CRZ(A-1 to Conditional A-4)Approved 07/07/1987 CUP(Housing for Seniors) Denied 02/25/1985 - REZ(A-1 to B-4) �V ' Denied 02/25/1985 * � 3 CRZ(A-1 to A-4) Denied 02/25/1985 * m4 STC Approved 02/08/1980 Qo 5 CUP(Outdoor Recreation)Approved 05/09/1995 6 CUP(Recreational Facility)Approved 09/11/1991 R- a' R CRZ(R-6&A-1 to Conditional B-2)Approved R 1 s 1/11111 rn. o \ 06/01/1987 e R10 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. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. Much of the property is located in the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. As the site is developed with a marina, a restaurant and parking areas, the redevelopment of the property will be within the existing impervious footprint and will not require review by the Chesapeake Bay Preservation Area Board. Water Boxes, LLC Agenda Item D1 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 32,500 ADT (LOS 5"C") ExistingUses on site 2—3,368 ADT North Great Neck Road 27,000 ADT 1 37,100 ADT,(LOS 5"E 3 "�) Approved site plan uses —9,214 ADT Lynnhaven Drive No Data Available No Data Available Proposed Land Uses°—3,088 ADT 'Average Daily Trips 2as defined by existing 3 as defined by approved site plan with 5 LOS=Level of Service retail,marina&restaurant office space,restaurants&boat slips 4as defined by boat slips,2 restaurants &200 apartments Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Great Neck Road is a four-lane divided major suburban arterial. The MTP proposes a divided facility with a bikeway within a 120-foot right-of-way. No roadway CIPS are slated in the vicinity of this site. Lynnhaven Drive is a two-lane undivided local street. No roadway CIPS are slated for this area. It should be noted that the ITE Trip Generation Manual includes a Marina land use that assumes that the boat berths are wet slips, which likely generate more daily trips than dry slips.There is no category identified in the manual as dry slips. For the purpose of providing information on the existing verses proposed average daily trip generation,Traffic Engineering Staff accepts that the trip generation for the existing 200 wet slips and 630 dry slips are combined to be considered as a "Marina." Based on this, Staff believes that the actual existing trips generated by the marina are less than the 3,368 ADT included in this report. Public Utility Impacts Water The site is currently connected to City water. There is an existing six-inch private water main serving the existing development. The private system connects to a six-inch City water main service line extended to the property from Lynnhaven Drive.There is an existing two-inch meter that may be used or upgraded to accommodate the proposed development. Separate water meters will be required for the commercial (nonresidential) and the residential (apartments) components of the development. Sewer This site is currently connected to City sewer. There is a two-inch private sanitary sewer force main and an eight-inch private gravity sanitary sewer main serving the existing development. The private system discharges to a public sanitary sewer manhole located in Lynnhaven Drive. Analysis of City pump station #273 will be required to ensure that the proposed sanitary sewer flows can be accommodated. School Impacts School Current Enrollment Capacity Generation 1 Change 2 John B. Dey Elementary 815 815 20 16 Great Neck Middle 1,175 1,373 9 6 Frank T.Cox High 1,784 1,955 9 6 1"Generation"represents the number of students that the development will add to the school. Water Boxes, LLC Agenda Item D1 Page 4 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation This proposal for a Conditional Rezoning from B-2 Community Business District& R-7.5 Residential District to Conditional B-4 (SD) Mixed-Use District (Shore Drive Overlay) & P-1 Preservation District; and Conditional Use Permits for Multi- Family Dwellings in the Shore Drive Overlay and a Commercial Marina is, in Staff's opinion, consistent with the Comprehensive Plan's vision for the Suburban Area as it will lead to compatible residential infill development adjacent to an established neighborhood. The submitted elevations depict vernacular apartment buildings with coastal colors and accents that will, in Staff's view, be an attractive complement to the surrounding area. Outdoor amenity areas are conveniently placed to provide maximum accessibility for residents. The proposed uses are anticipated to generate less traffic than what would typically be expected with the existing uses. According to Traffic Engineering Staff, the existing uses of a marina, restaurant, retail could generate up to 3,368 average daily trips. Furthermore, a site plan was approved in 2008 that would permit the construction of an office building and restaurants that, in conjunction with the existing marina, could generate over 9,000 average daily trips, which is approximately three times the expected impact of the proposed uses. The applicant is proposing to dedicate an easement to the residents of the Cape Story by the Sea and Cape Henry Subdivisions, to allow them use the parcel to be rezoned to P-1 Preservation District for water access by non-motorized boats, such as kayaks and canoes. Also, as per the proffer agreement, the parcel conveyed to a non-profit organization to ensure protection from future development. The applicant has worked with Staff to ensure that these actions will not restrict or impact the City or the United States Army Corps of Engineers dredge operations, as the City owns an access easement on a portion of this parcel. As previously stated, the uses proposed will be deficient of the required 546 parking spaces. The applicant submitted a parking study, which has been reviewed and approved by the Zoning Administrator,to permit a shared parking arrangement between the uses. The proposal permits a reduction in the number of parking spaces to 480, as depicted on the site layout. The Zoning Ordinance does not permit the 49 parking spaces proposed within the garages to be counted towards meeting the minimum parking requirement. Practically speaking, the number of parking spaces available is 529, which is just 17 less than the 546 spaces required for all of the uses on the entire 18-acre site. The Bayfront Advisory Commission was briefed twice on the request, Staff has not received any concerns from this Commission. Based on the considerations above, Staff recommends approval of the request with the submitted proffers and recommended conditions 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. Water Boxes, LLC Agenda Item D1 Page 5 Proffer 1: The Redevelopment Parcel shall be developed in substantial conformity with the exhibit entitled "Marina Shores— Virginia Beach, VA", prepared by Timmons Group ("Conceptual Site Plan") dated August 28, 2017,which has been exhibited to City Council and is on file with the Planning Department. Proffer 2: The architectural design and building materials of the multi-family dwelling units built on the Redevelopment Parcel shall be substantially compatible with the architectural style and materials depicted on the exhibit entitled "Marina Shores—Virginia Beach,VA", prepared by Poole and Poole Architecture, LLC, dated November 10, 2015, which have been exhibited to City Council and are on file with the Planning Department (collectively, "Elevation Plans"). Proffer 3: All structures constructed on the Redevelopment Parcel shall be subject to a maximum height limit of sixty-eight (68) feet and shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. Elevations of the proposed non-multifamily structure(s)to be built on the area depicted on the Conceptual Site Plan as "Restaurant" shall be submitted to the Planning Director to determine compliance with this requirement. Proffer 4: There shall be no more than two hundred (200) multi-family dwelling units on the Redevelopment Parcel. Proffer 5: An HVAC unit for each dwelling unit will be concealed within a well on the roof of the applicable building in which such dwelling unit is located. Proffer 6: Other than eating and drinking establishments, boat sales, specialty shops, outdoor cafes, retail establishments, recreation and amusement facilities of an outdoor nature (with a conditional use permit), personal watercraft rentals (with a conditional use permit) and the conditional uses authorized in conjunction with the conditional use permits for multi-family dwellings and the commercial marina (excluding fuel sales and dry boat storage) granted by City Council contemporaneously with GRANTOR'S conditional rezoning request, no other B-4 (SD) Mixed Use District uses shall be permitted on the Redevelopment Parcel. Proffer 7: In the event that the existing restaurant and marina pool areas depicted on the Conceptual Site Plan are redeveloped with new structure(s), the architectural design and building materials of said new structure(s) shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. Elevations of any proposed structures to be built on the existing restaurant and marina pool areas depicted on the Conceptual Site Plan shall be submitted to the Planning Director to determine compliance with this requirement. Proffer 8: All lighting on the Redevelopment Parcel shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 9: The Preservation Parcel shall not be developed in any manner and shall be preserved in its natural state. No portion of the Preservation Parcel shall at any time be used for a dredge material disposal management area or a dredge material transfer site; provided, however, that those activities authorized pursuant to the Deed dated August 18, 1986, recorded in the Clerk's Office in Deed Book 2552, Page 1608 ("100' Perpetual Easement") will be allowed, but only within the portion of the Preservation Parcel encumbered by the 100' Perpetual Easement, as depicted on the Survey Exhibit ("Easement Area"), and nothing herein shall be interpreted as modifying the City's existing rights to use the Easement Area. Water Boxes, LLC Agenda Item D1 Page 6 Proffer 10: Prior to conveying title to the Preservation Parcel, in the manner addressed in Proffer#11, below, GRANTOR shall convey an easement to the owners of lots within the Cape Story by the Sea and Cape Henry Subdivisions, and their tenants, guests and invitees, for pedestrian ingress/egress and access over, across and through the Preservation Parcel from Wake Forest Street for the purpose of launching non-motorized boats and watercraft. Boat and watercraft storage of any kind shall be expressly prohibited. Proffer 11: Within eighteen (18) months of the Effective Date, GRANTOR shall convey the Preservation Parcel to a non-profit entity, subject to the above-referenced pedestrian access easement, and with a deed restriction prohibiting future development of the Preservation Parcel. Proffer 12: The existing marina shall not be expanded. Proffer 13: Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. Proffer 14: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Recommended Conditions (Multi-Family Dwellings in the Shore Drive Overlay) 1. All provisions set forth in the proffer agreement related to the apartment building elevations and site layout shall serve as conditions of this Conditional Use Permit. Recommended Conditions (Commercial Marina) 1. The sale of fuel and the provision of dry-dock storage of boats shall be prohibited on this property. 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. Water Boxes, LLC Agenda Item D1 Page 7 Site Survey I it Cape Story By The Sea/Cape Henry Neighborhoods Lynnhaven'Drive i 0 a 0 CC Existing Ingress/Egress a f v Long Creek Cove Condos City Own:• Property A-12 R-7.5 A-36 • City C.a ext I„ P-1 Y eerv1 Parce I\ 'i\ '� "Redevelopment Parcel" B-4 Long Creek r' MARINA SHORES SURVEY EXHIBIT-JUNE 9, 2017 TIMMONS GROUP Water Boxes, LLC Agenda Item D1 Page 8 Proposed Site Layout cq RtS . .. . o .• H! • Z: p ff ,A N o li a l F_; NNNN. 9, �y yy y� 00 G QvLL ¢ v� m� KQ 2< SyN n p0 C N &s Full ii$g1° co g o gs fl fri ox " ERgaPR $1 '5 ?4 -_ i. Gino g Oq i 9 • ii ! G / 1Ln' :. . e.' .t:, c ' . . . - , .f; e. -- 1 (;21, W (lL N . L r ;.).- . a I(( r, ) 1, J O At/ N / r ` N Cl) ti 81 7 -- _ - LLI a M N Z w a m 'z < t ity 0 Q Water Boxes, LLC Agenda Item D1 Page 9 Proposed Site Layout— Close Up j 0 Long Creek Cove Condos 0 t Proposed Apartment Buildings City Property 4Proposed Category IV with 6' Fence ..� Proposed 6' Fence LL .N://4-4 U - - • Proposed Outdoor Amenity Space Marina Boat Slips Proposed 4,500 sf Restaurant Fath Water Boxes, LLC Agenda Item D1 Page 10 Proposed Elevations WoHier Propenes -- - - - - -- Nil Ilode Ibd/ 'MRM ..cie ha.* •1,, !,M. . lap SSM; s*Skiy nr.I. . 1/Ingle kin In. .liot0!•N•'e KJIa &WC 1 l e. I•S4P1 ♦ch tiny Di , OM ( r MIM NCC (5.4.7/4 .1,4 i ..r --.�_ ... t ill IIIIII .II I I inn in uii uilll ii�' III Ill' , '1111111' ( 1 LI U401 11 , '` uu-�� a II uu r nu NH 111111 �'I V I '— .r i,l•I.141 i lilt �� Il n nn 1. - ILII IIII iiiiii II Ili," I 'q � � i '_ 1_. II I Nit _ I nig 1111 .N1, :, - — - II Jill r. �� R-„- nn . nuu r ' P ;lr = - K 1111 111111 • " • '- Tl a I - ` IIII III -�. 'r_ _ l rI - II a 11 t oh e l 8ii L-FULP-11-1 Marina Shores-Virginia Beath,VA November.0.2015-A3.0b LPil -• . •, -I.C•I'36MI-oiled Rad Sale'02•uabMOn.VigIo 23'13 W.'.804 275MIS•tr:'er•.••o...2p,ro• 1546.00 Water Boxes, LLC Agenda Item D1 Page 11 Proposed Elevations Waltzer Properties — -- - 1i1 1 • __l -- ■ fJ ,; Wrr I akM •41 vaTd& .vi Mam .'�.• rwn of S0 Icy 16.3 .WRC 4•vie.1. lin Mn Cattlrnlae a nrc. Boller K. N r"la ///////// wtiAtck nwr�1li �`' _.. r1� Iy - I iili r -- I „ �N�. e 1111 IIII , I III 11 �, , , 1 1 11 ::..��_ _ . 1I r ., 'I�. - � u L�1 1B4'=1111 III I Ili NI 1 i � 1 lli ;� I 11 Illi un I ' u r' II ISI III mi. -it:"� V1i114,1111 IIII { L� IIII II II ,_ 1 !II II I II II 111 I,— I f;; ,, ilii►I' -. • .•;� rim i.-� ll 'I�I` . i „ - u iini 'III rr :n _I 111RI I I 1 �� {1111 ( '� "'f• E\ __. . .A______..„,..,:._ \ ___________ _., ,.....,..4.11._„, __ ,_ \ __---- --; LT-11 �J-- I Marina Shore:•Vkglnla Beach,VA , br vero10 2015•Al Oa 21)11 .7'15'x111 61'CrAe A.c^iI Ohre.LLC-3736 W.•ole d React SW,102•MiactiOn V4gno 051,J Mane 110/225 52 5•Y•M"e,•wvw 200.ro+ 154600 Water Boxes, LLC Agenda Item D1 Page 12 Proposed Elevations Woitzer Properties --.. 6 :win rode ,nr Ikren �oe 1 (1,ly..xv: Iq.SAnq �Sd.p o 4 om y` ttm c000roo. W' ewer .Iwo My. c* 4 - . ,mea !.n Cr.oo. .c� (Sww41 i wf ---r 1 X11 1111 r` _: _ J ' 111111 , A. I II ( :' iii 1111 VI' iiii !. _ , Illllli_�, I_.- T nu un p rut nn Int uu . u II is 111111 Lill Fri ,; ilii M' uul •'^I Inn lid " - 1111 I1 L1 % Ifil, - a nI nu un ntir a ,I nt �uu unl �� IlNill i rI p --� 1i nen II _wog;rs` iit will iiiiiiiilliiiii _______ Nu illitaiww. W'eI owl0 .._ . lig LIULri-nJ Marina Shores-Virginia Beach,VA Noverntwr 10 2015-Aix 2141T,5 Poo:6 PO,*,..1..•c!ue LLC 373E V:nIc.'c.knoll Su. :2.fi.r,om_r vtgno 231I3-P1,0rl& 7!50115 ,...MY won.,2p3re' 154600 Water Boxes, LLC Agenda Item D1 Page 13 Proposed Elevations Waltzer Properties — U L— ■ �J kJ ■ e.. IhS. Fa vvif11 'kwlb larde .W.Ue .Iwm OSIMrq 100110112 11.61" WngY ►Zn M Catbalve Mj fwnL An0old .aW' uCW Ga' Wer O» C., Mg.,: wc+ Y . Rw62P MNa r 1111 w11 ; 7111' Ull 1 I. -- 11 `„ MU 11'11 1 l dill' DU 1E11 ',� .lilt 1111 .lt1t till_ •[I"' 4 till,� , _ • l'—i..K.41 ` ..rte^ .4-- Ivo iii, i ��i�11,1 r.,•r .. » - j f rh►uu-r -_ l Wil; j 1110771111,.7 S P. :+ nA.co.,.a6.n.1"e" -- I JS'UJ Marina Shores-Virginia Beach,VAuo+amoc•:0.1015-A3.002141 i - r. .:110.2,22 102•MCIYeb'.V,ph'o 23'I3 Prone.ON 22511212 NNW*,vrww200M1 1546.00 Water Boxes, LLC Agenda Item D1 Page 14 Site Photos Alki„ • amhime , 111111Plr' - .4 _ _ •— iS. -1W 1111144,-.4.71111rm. • • 1114111Jr Water Boxes, LLC Agenda Item D1 Page 15 Disclosure Statement APPLICANT'S NAME Water Boxes, 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 I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exce tion for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Certificate of Floodplain Variance i Appropriateness - - _-- ! Street Closure (Historic Review Board) Franchise Agreement 4 Chesapeake Bay J Preservation Area jLease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board She disclosures contained in this frim are necessary to inform publicofficials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / A PPLICANT DISCLOSURE • . .. Page I of 5 ❑ --- - - id.M(} i Carolyn Smith Water Boxes, LLC Agenda Item Dl Disclosure Statement Virginia React, If a Corporation, list the names ofall officers, directuis, members,trustees, etc. below. (Attach list if necessary) 1B1 List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Property Owner (Attach list if necessary) Marina Shores, Ltd. Gale L Higgs Palentaubsidiary relationship means a relationship t11 a1 exists when one corporation directly a' indirectly owns shales possessing mote than ': per rein o the voting power o' another corporation' See State and Local Government Conflict a' Interests Act,va. Code i 2 2.3101. Alf'hated business entity relationship means I relationship, other than parent-subsidiary relationship,that exists when hl one business entity has I controlling ownership interest in the other business entity, Iii'a controlling owner a one entity also a controlling owner n the other entity,c VIII there shared management a ono of between the business entities. Factors that should be considered I determining the existence o' x affiliated business entity relationship Include that the same person o' substantially the same person own a manage the two entitiesthere ale common o commingled funds o• assets.the business entitles shale the use o' the same offices o. employees o otherwise share activities. r esuu ees or pei sonnet o 11 I regular basis. o there is otherwise a close working relationship between the entities. See State and Local Government Conflict o Interests Act, Va.Code 223101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject o(1he Applignagn or any business oPtOttirlgsr 5p.be ffiefated on the Prooefty. If the answer to any item is YES, please identify the firm or individual providing the service IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of S Water Boxes, LLC Agenda Item Dl Page 18 Disclosure Statement Virginia Brack YES NO SERVICE PROVIDER( de uonal sheets ss needed) • ❑ Accounting and/or preparer of Edith E Weiss your tax return D ❑ Architect/Landscape Architect/ Poole 8 Poole Archilecture.LLC '.. Land Planner Contract Purchaser(if other than Brad Waitzer&WTZR MS,LLC ❑X I the Aoolicant)- identify purchaser ' and purchaser's service providers Any other pending or proposed H rx purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ © �., Construction Contractors TBD X ❑ Engineers/Surveyors/Agents Timmons Group Financing (include current Union Bank(Ilkla StellarOne Bank). Z ❑ mortgage holders and lenders Fannie Mae,Freddie Mac selected or being considered to provide financing for acquisition I or construction of the properly/ FU Legal Services ,Lisa M.Murphy.Esq;LeClaoRyan 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 Ic7l 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 4 of 5 Water Boxes, LLC Agenda Item DS Page 19 Disclosure Statement Virginia nevi, CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form t complete,true, and accurate. understand that, upon receipt or 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 Water boxes,LLG 4 Gale L. Higgs BY gPRICANIS SIGNATURE = IPRINT NAME DATE PROPERTY OWNER'S SIGNATURE I iRINT NAME DAII Page i of 5 Water Boxes, LLC Agenda Item Dl Page 20 Disclosure Statement Conditional Rezoning&Conditional Use Permit Apphcatlons Water Boxes,LLC 2100 Marina Shorn Drive Contract Purchaser Dbclosure List of Owner and Affiliates of WRR M5,LLC Sole Member/Manager: Bradley J.Waltzer Affiliates: 1. Dennis R.Deans Irrevocable Trust; 2. DHW Joint Venture, L.L.C.; 3. Afton Associates,LLC; 4. Archers Green II,LLC; S. BBD,Inc.; 6. BKW, LLC; 7. Bribra Baker,Inc.; 8. Bribra Building Corporation; 9. Bribra Cahoon,Inc.; 10. Bribra Deep Creek,Inc.; 11. Bribra Hillpoint Corporation; 12. Bribra NP Corp.; 13. Camden Private Capital Corporation; 14. D&B Automotive Investors, LLC; 15. Debribra, LLC; 16. HCA Services, Inc.; 17. IWC Residential, Inc.; 18. Mola,LLC; 19. Mowill, LLC; 20. Murray Wholesale Drug,Corp.; 21. Ocean Bay Homes,Inc.; 22. Oceana Partnership I; 23. Parker Crossing, LLC; 24. Platinum Homes, Inc.; 25. Rodie Builders, Inc.; 26. Rudee Investment; LLC; 27. Rudee Management, LLC; 28. SC Holdings, LLC; 29. Signature Management, Corp.; 30. Platinum Management Corp.; 31. Mopow,LLC; 32. Silver Hill, LLC; 33. Volvo Brookside Associates,LLC; 34. Waitzsp, LLC; 1 Water Boxes, LLC Agenda Item Dl Page 21 Disclosure Statement 35. Moyork, LLC; 36. Dakota Investment Group, LLC; 37. Chazdak LLC; 38. BIW Fam, LLC; 39. Bribra Acquisitions Corp.;and 40. Edwin S.Waltzer, Bradley J.Waltzer,Trustees,Waiter 2012 Grandchildren Trust, DBA as Professional Centers,Medical Arts Building, Commercial Pace. 2 Water Boxes, LLC Agenda Item D1 Page 22 CITY OF VIRGINIA BEACH 6.14C- .' 1'.S INTER-OFFICE CORRESPONDENCE � /. o� 4 N s:2,7 In Reply Refer To Our File No. DF-9566 DATE: November 9, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson BYO DEPT: City Attorney RE: Conditional Zoning Application; Water Boxes, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 21, 2017. I have reviewed the subject proffer agreement, 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 WATER BOXES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between WATER BOXES. LLC, a Virginia limited liability company ("Owner"), Grantor for indexing purposes, WTZR MS. LLC, a Virginia limited liability company (`WTZR")(Owner and WTZR are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, Owner is the owner of those certain parcels of real property located in the City of Virginia Beach, Virginia, commonly referred to as 2100 Marina Shores Drive, GPIN Nos: 1499-48-7413-0000 & 1499-58-9755-0000, more particularly described in Exhibit A, attached hereto and incorporated herein by reference (collectively, the`Property"); WHEREAS, on June 15, 1987 Owner's predecessor in interest, David I. Levine and Gale M. Levine(collectively. "Prior Owner"), proffered certain covenants and conditions by instrument recorded July 7, 1987 in Deed Book 2651, Page 0218 in the Clerk's Office("Clerk's Office")of the Circuit Court of the City of Virginia Beach. Virginia (the "Original Proffers") in connection with the original rezoning of a portion of the Property from R-6 to Conditional B-2 to provide for the development of a marina oriented facility; WHEREAS, WTZR has entered into an agreement with the Owner to purchase the Redevelopment Parcel; WHEREAS. GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of an approximately 13.78 acre portion of the Property,more particularly described on Exhibit B, from Conditional B-2 to Conditional B-4 (SD) Mixed Use District ("Redevelopment Parcel")and the remaining 4.63 acre portion of the Property,more particularly described on Exhibit B, from R-7.5 to Conditional P-I Preservation District ("Preservation Parcel"), each as depicted on the plat entitled "Marina Shores Survey Exhibit"prepared by Timmons Group("Survey Exhibit")dated June 9, 2017, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"); GPIN: 1499-48-7413-0000& 1499-58-9755-0000 Prepared by: Lisa M.Mumhy,Esquire(VSB #39111) LeClair Ryan.A Professional Corporation 999 Waterside Drive, Suite 2100 Norfolk, Virginia 23510 WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, 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 proposed rezoning, certain reasonable conditions governing the use of the Redevelopment Parcel for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS,GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Redevelopment Parcel and the Preservation Parcel, the following reasonable conditions related to the physical development, operation, and use of the Redevelopment Parcel and the Preservation Parcel to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Redevelopment Parcel and the Preservation Parcel, which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE,the GRANTOR, and its successors, 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 pro quo for zoning. rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers 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, and its successors, assigns, grantees and other successors in interest or title: 1. The Redevelopment Parcel shall be developed in substantial conformity with the exhibit entitled "Marina Shores—Virginia Beach, VA",prepared by Timmons Group ("Conceptual Site Plan")dated August 28,2017, which has been exhibited to City Council and is on file with the Planning Department. 2. The architectural design and building materials of the multi-family dwelling units built on the Redevelopment Parcel shall be substantially compatible with the architectural style and materials depicted on the exhibit entitled "Marina Shores— Virginia Beach, VA", prepared by Poole and Poole Architecture, LLC, dated November 10,2015, which have been exhibited to City Council and are on file with the Planning Department(collectively, "Elevation Plans"). 3. All structures constructed on the Redevelopment Parcel shall be subject to a maximum height limit of sixty-eight(68) feet and shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. 2 Elevations of the proposed non-multifamily structure(s) to be built on the area depicted on the Conceptual Site Plan as "Restaurant" shall be submitted to the Planning Director to determine compliance with this requirement. 4. There shall be no more than two hundred (200)multi-family dwelling units on the Redevelopment Parcel. 5. An HVAC unit for each dwelling unit will be concealed within a well on the roof of the applicable building in which such dwelling unit is located. 6. Other than eating and drinking establishments, boat sales, specialty shops, outdoor cafes, retail establishments,recreation and amusement facilities of an outdoor nature (with a conditional use permit),personal watercraft rentals(with a conditional use permit) and the conditional uses authorized in conjunction with the conditional use permits for multi-family dwellings and the commercial marina(excluding fuel sales and dry boat storage)granted by City Council contemporaneously with GRANTOR'S conditional rezoning request, no other B-4 (SD) Mixed Use District uses shall be permitted on the Redevelopment Parcel. 7. In the event that the existing restaurant and marina pool areas depicted on the Conceptual Site Plan are redeveloped with new structure(s),the architectural design and building materials of said new structure(s) shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. Elevations of any proposed structures to be built on the existing restaurant and marina pool areas depicted on the Conceptual Site Plan shall be submitted to the Planning Director to determine compliance with this requirement. 8. All lighting on the Redevelopment Parcel shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 9. The Preservation Parcel shall not be developed in any manner and shall be preserved in its natural state. No portion of the Preservation Parcel shall at any time be used for a dredge material disposal management area or a dredge material transfer site; provided, however,that those activities authorized pursuant to the Deed dated August 18, 1986, recorded in the Clerk's Office in Deed Book 2552, Page 1608 ("100' Perpetual Easement") will be allowed, but only within the portion of the Preservation Parcel encumbered by the 100' Perpetual Easement, as depicted on the Survey Exhibit("Easement Area"), and nothing herein shall be interpreted as modifying the City's existing rights to use the Easement Area. 10. Prior to conveying title to the Preservation Parcel, in the manner addressed in Proffer 41 I, below, GRANTOR shall convey an easement to the owners of lots within the Cape Story by the Sea and Cape Henry Subdivisions, and their tenants, guests and invitees. for pedestrian ingress/egress and access over, across and through the 3 Preservation Parcel from Wake Forest Street for the purpose of launching non- motorized boats and watercraft. Boat and watercraft storage of any kind shall be expressly prohibited. I I. Within eighteen (18)months of the Effective Date, GRANTOR shall convey the Preservation Parcel to a non-profit entity, subject to the above-referenced pedestrian access easement, and with a deed restriction prohibiting future development of the Preservation Parcel. 12. The existing marina shall not be expanded. 13. Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. 14. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the B-4 (SD) Mixed Use District and the P-I Preservation District and to the requirements and regulations applicable thereto refer to the City 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 GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, specifically repeal and replace the applicable conditions associated with the Original Proffers, and shall continue in full force and effect until a subsequent amendment changes the zoning of the Redevelopment Parcel and the Preservation Parcel 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 and executed by the record owner of the Redevelopment Parcel and the Preservation Parcel 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 City Council 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. 4 1. The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority,on behalf of the governing body of the City of Virginia Beach,Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied, and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, 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 Redevelopment Parcel and the Preservation Parcel, 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 and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 5 WITNESS the following signature and seal. GRANTOR: WATER BOXES, LLC a Virginia limited liability company By '/j /1 �� (SEAL) gore: Gale L. Higgs" rtle: Manage COMMONWEALTH OF VIRGINIA CITY OF Nfl e, , to wit: The foregoing instrument was acknowledged before me this ZZ day ofk,:pp ; 2017 by Gale L. Higgs, as Manager of WATER BOXES, LLC, a Virginia limited liabilityy ,mpany, on behalf of said company. [SEAL] %%%% PULK0 q,Hu � Notary •ubhc k•• f %%%%A%%%%% S`� '"to Registration No:-l-7Z IL w;Fd4. ryoft i My Commission ExpiresTc4 �1 i 7b7-3 Q _ U • r S: IL) G 3".C*. Wel"; „%;NO %%%%� /Signature Page to Proffered Covenants, Restrictions and Conditions/ WITNESS the following signature and seal. GRANTOR: WTZR MS, LLC a Virginia limited liability corn i. • By: (SEAL) Name: i ry ,ra ,Mi'>r=rt Title: Planter ager COMMON EALTH F VIRGINIA CITY OF r to wit: T The orego.ng instrument as acknowledged before me this 11-14h day of lire 2017 by sMenber Mama,pr of WTZR MS, LLC, a Virginia limited liability co pany, on behalf of said company. -� n SE r CD 1 W [ ALUI- No ary Public / q, Nary Pubic Registration No: I IO UO Contusion No.77pp77 My comnitw,Expires 1241/20a I My P al .LJ-- '-'li��-b{U Commission Expires: [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Property ALL THAT certain lot,piece or parcel of land, with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, further described as follows: PARCEL ONE: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach,Virginia,and known, numbered and designated as "PARCEL B 12.4146 ac. GPIN 1499-48-7413 MARINA SHORES-MARINA 1", on that certain plat entitled: "SUBDIVISION PLAT OF MARINA SHORES LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated January 16, 1995,made by Bengston, DeBell &Elkins, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 61, reference to which is made for a more particular description of said property. PARCEL TWO: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia,and known, numbered and designated as "MARINA SHORES-MARINA II (PARCEL IDB 2552 PG. 1608)(5.979 ac.)", on that plat entitled: "SUBDIVISION PLAT OF MARINA SHORES LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA",dated January 16, 1995, made by Bengston,DeBell & Elkins, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 61, reference to which is made for a more particular description of said property. Said property being also described as follows,to- wit: All that certain parcel of land thereon, situate,lying and being in the City of Virginia Beach,Virginia, and known,numbered and designated as "Parcel I,Note 7, Area= 5.979 Acres"as shown on that certain plat entitled. "Plat Showing Settlement Agreement Lynnhaven Borough, Virginia Beach, Virginia",dated July I, 1986, made by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2538 at page 964. TOGETHER WITH AN INGRESS/EGRESS EASEMENT DESCRIBED AS FOLLOWS: ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach,Virginia, being 24 feet in width the centerline of which is shown and depicted as "CL 24' PRIVATE INGRESS/EGRESS EASEMENT M.B. 202, PG. 23" on that certain plat entitled "PLAT OF MARINA SHORES M.B. 245 PG.61 LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH,VIRGINIA", dated August 23, 1995, made by Bengston, DeBell & Elkins. Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 89. A-1 Exhibit A to Proffered Covenants,Restrictions and Conditions (cont'd) TOGETHER WITH A VARIABLE WIDTH UTILITY EASEMENT DESCRIBED AS FOLLOWS: ALL THAT certain lot,piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, which is shown and depicted as "VARIABLE WIDTH PRIVATE UTILITY EASEMENT TO BE DEDICATED FOR PARCEL B" on that certain plat entitled, "PLAT OF MARINA SHORES M.B. 245 PG. 61 LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH,VIRGINIA", dated August 23, 1995, made by Bengston,DeBell & Elkins, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 89. TOGETHER WITH those certain non-exclusive easements described in the Deed of Easement to David I. Levine and Gail M. Levine from Dragas Court Yard Homes Associates, L.P. dated September 1, 1995,recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia. in Deed Book 3545,page 1455. (The parcel of land affected by said easements being the same as that described in the above mentioned "Ingress/Egress Easement" and the "Variable Width Utility Easement"). IT BEING the same property conveyed to Water Boxes, LLC, a Virginia limited liability company by deed from Gale M. Levine, dated March 8, 2006 and recorded June 12,2006 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060612000879620. A-2 Exhibit B to Proffered Covenants,Restrictions and Conditions Redevelopment Parcel Beginning at a point lying on the easterly right-of-way of Great Neck Road as it intersects with the southerly line of Parcel A recorded in map book 245 at page 61, said line being the northerly line of the Redevelopment Parcel described herein;thence leaving said intersection with the eastern right-of-way of Great Neck Road, South 74°54'51"East,a distance of 236.04 feet to a point;thence South 70°49'34" East,a distance of 35.50 feet to a point;thence North 76°53'30" East,a distance of 656.15 feet to a point; thence South 13°06'30"East,a distance of 268.00 feet to a point;thence North 76°07'00"East,a distance of 598.03 feet to a point;thence South 13°0620"East,a distance of 232.99 feet to a point;thence South 7103620" West, a distance of 208.64 feet to a point;thence South 78°00'00" West,a distance of 375.00 feet to a point;thence South 66°00'00" West,a distance of 100.00 feet to a point;thence South 88°30'00" West, a distance of 455.00 feet to a point;thence South 82°48'02" West,a distance of 540.65 feet to a point;thence along the easterly right-of-way of Great Neck Road,North 03°1729"East,a distance of 62.96 feet to a point;thence North 71°29'24"East,a distance of 26.93 feet to a point;thence North 48°1729"East,a distance of 42.65 feet to a point;thence North 02°35'38"East, a distance of 120.53 feet to a point;thence North 04037'33" West, a distance of 201.55 feet to a point;thence North 01°1659" East.a distance of 111.82 feet to the true point and place of beginning and containing 600,247 square feet or 13.78 acres more or less. The above described Redevelopment Parcel is the entirety of Parcel B as recorded in map book 245 at page 61 and a portion of Parcel I as recorded in map book 2538 at page 964. Preservation Parcel Beginning at a point located at the southwest intersection of Long Creek Drive and Maple Street recorded in map book 2538 at page 964, said point lying on the eastern most line of Parcel B recorded in map book 2538 at page 964; thence leaving said intersection and along the southerly right-of-way of Long Creek Drive,North 76°07'00"East,a distance of 1,043.89 feet to a point;thence leaving said southerly right-of- way of Long Creek Drive, South 13°53'00"East, a distance of 160.00 feet to a point;thence South 76°00'00" West, a distance of 740.00 feet to a point; thence South 57°42'00"West, a distance of 324.05 feet to a point;thence South 71°36'20"West, a distance of 77.33 feet to a point;thence North 13°0630" West, a distance of 232.99 feet to a point;thence North 76°07'00"East, a distance of 77.01 feet to a point; thence North 13°0630" West. a distance of 37.00 feet to the true point and place of beginning and containing 201,592 square feet or 4.63 acres more or less. The above described Preservation Parcel is a portion of Parcel 1 as recorded in map book 2538 at page 964. • B-] !� / J / /' ~ ZII? '/4 T j • 4 /, ,ikz '; / / / j/ • , J • 0 /' /` /'' / 1 1 J/.. r IX `r r! ezt r '41ktjJ Co Nor �\z I \\03 it �`0 / f f! let f• , 73 .44‘, !f .r / %' , . / f ffr //!' , . rf' f,,, / ,, / l ' ` / ,,, 1I ' ,., . . , i� if ;' r NI i /r '�/ \,1:911-1:1 %r'' ff/ y 1 .. PQ 6\:•... Q r4s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COURTHOUSE AREA CHARITY [Applicant] PRINCESS ANNE MASONIC LODGE ETC [Property Owner] Conditional Use Permit(Assembly Use) 2849 Princess Anne Road (GPIN 1494461205). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: November 21, 2017 • Background: This site along Princess Anne Road is home to Princess Anne Lodge No. 25, originally known as Kempsville Lodge No. 25, which was established in 1871. The Lodge was moved to its current site in 1968. A new 8,000 square foot building, for a variety of Assembly Uses, is proposed to be constructed on this site. The applicant's architect evaluated the existing building, and found that the structure is not suitable for reuse; therefore, the applicant is proposing the demolition of the existing building and is seeking a Conditional Use Permit for Assembly Use to bring the site into conformance with today's requirements. The building will remain in use until the proposed building is ready for occupancy, at which time, the existing structure will be demolished. • Considerations: The ingress/egress points along Princess Anne Road will be reduced from two to one. The concept plan depicts the reuse of much of the existing gravel parking area and 38 fewer parking spaces than required by the Zoning Ordinance. The Zoning Administrator has reviewed the submitted parking study outlining the request for a reduction from 80 parking spaces to 42 parking spaces. Based on the applicant's historic use of the property and the anticipated activities on the site, the Zoning Administrator has accepted the findings in the study, and has approved the reduction. Additional details pertaining to the request, as well as Staffs evaluation of the application, are provided in the attached Staff report. There is no known opposition to this request. • 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 9-0, with one abstention, to recommend approval of this request. Courthouse Area Charity Page 2 of 2 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conceptual Site Plan, CONDITIONAL USE SITE PLAN, PRINCESS ANNE MASONIC LODGE, 2849 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA", prepared by SUSSEX DEVELOPMENT CORPORATION, dated 8/29/17,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 shall substantially adhere in appearance, size and materials to the elevations, noting that the skirt may be either brick or EIFS, entitled, "NEW MASONIC LODGE BUILDING, 2849 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA", prepared by WOODARD DESIGN P.C., DATED 8/24/17, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed monument sign shall be no taller than eight feet in height and resemble the likeness of the proposed monument sign on page nine of this report. Submit a permit request for any proposed signage to the Zoning Office for approval. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1 I Submitting De en\V�Agency: Planning Departme }-r'aMI„., , JJ L � I City Manager: Applicant Courthouse Area Charity Agenda Item Property Owner Princess Anne Masonic Lodge ETC Public Hearing October 11, 2017 6 City Council Election District Princess Anne Virginia Beach Request 70-75 dB DNL Conditional Use Permit (Assembly Use) Staff Recommendation R,� Approval Staff Planner 65-70d Jonathan Sanders Location a° 2849 Princess Anne Road ,a,� GPIN 1494461205 Site Size 1.08 acres AICUZ 65-70 dB DNL, Interfacility Traffic Area Watershed Southern Rivers Existing Land Use and Zoning District Masonic Lodge/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Princess Anne Road Woods/AG-2 Agricultural, R-10 Residential South ~, '\ 1 Woods, golf course/ 1-1 Light Industrial, AG-1 Agricultural East Single-family dwelling/AG-2 Agricultural West Woods/AG-2 Agricultural Courthouse Area Charity Agenda Item 6 Page 1 / 2 `-1 Zoning History # Request R-10 1 CRZ(AG-1 &AG-2 to Conditional I-1)Approved ay 12/13/2016 °-*es), CRZ(AG-1 to Conditional B-2)Approved 02/03/2009 AG-2 c4 .4+04 CUP(Recreation)Approved 02/03/2009 ,fJi# AG • CRZ(0-2, B-2, R-10, P-1, and H-1 to AG-1)Approved • ' 05/27/1997 / CUP(Outdoor Recreation)Approved 05/27/1997 1-1 2 CRZ(AG-1 &AG-2 to Conditional R-10)Approved 01/05/2016 3 CUP(Relocate Princess Anne Lodge#25)Approved � „s+�°1`�• 1 11/13/1968 ACS AG-1 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 being located in Princess Anne Commons. It is not the intent of the Comprehensive Plan that Princess Anne Commons become part of the urbanized area north of the Green Line, or be limited to the very low densities appropriate for Rural Area preservation.The Plan envisions an area that offers unique education, entertainment, recreation, habitat preservation and quality economic development opportunities. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. Princess Anne Lodge No. 25 was originally known as Kempsville Lodge No. 25, which was established in December 1871. The cornerstone for the lodge was laid in 1877 near the old Princess Anne County Courthouse, where the Lodge was renamed. The Lodge was moved to its current site in 1968. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 30,878 ADT 1 17,300 ADT 1(LOS°"C") Existing Land Use 2-80 ADT 31, 700 ADT 1(LOS°"E") Proposed Land Use 3- 160 ADT 'Average Daily Trips 2as defined by the square 3as defined by the proposed 8,000 °LOS=Level of Service footage of the existing square foot assembly use building Masonic Lodge. Courthouse Area Charity Agenda Item 6 Page 3 Public Utility Impacts Water This site is currently served by a private well. The proposed development must connect to City water. There is an existing 20-inch City water main along Princess Anne Road. Sewer This site is currently served by a private septic system. The proposed development may continue to be served by a Health Department approved private septic system. Connection to City sanitary sewer could be made via a private pump station and force main. Evaluation and Recommendation This proposal for a Conditional Use Permit for Assembly Use is, in Staff's opinion, consistent with the Comprehensive Plan's vision for Princess Anne Commons. The Lodge plans to offer meeting space for organizations, which will continue to further community engagement opportunities and gatherings. Additionally, the proposed plan improves traffic safety by reducing the number of access points from two to one along Princess Anne Road. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. The Transition Area and Interfacility Traffic Area Citizens Advisory Commission was briefed on the request on September 7th and no issues were raised. Based on the considerations above, Staff recommends approval of the request with the recommended conditions listed below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conceptual Site Plan, CONDITIONAL USE SITE PLAN, PRINCESS ANNE MASONIC LODGE, 2849 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA", prepared by SUSSEX DEVELOPMENT CORPORATION, dated 8/29/17, 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 shall substantially adhere in appearance, size and materials to the elevations, noting that the skirt may be either brick or EIFS, entitled, "NEW MASONIC LODGE BUILDING, 2849 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA", prepared by WOODARD DESIGN P.C., DATED 8/24/17, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed monument sign shall be no taller than eight feet in height and resemble the likeness of the proposed monument sign on page nine of this report. Submit a permit request for any proposed signage to the Zoning Office for approval. Courthouse Area Charity Agenda Item 6 Page 4 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. Courthouse Area Charity Agenda Item 6 Page 5 Existing Site Layout ( r awv.0.1 ISM SNOWONOO ONUSIX3 ---,,,,,,,,,, . ]d41' � 9 YIIone VnJN K OZ a 3999- �AV3d J ; NVId iC nn IVNOuIONO'J �- V QM ; . 6A0 Ltorenat 0 ' Oiloori- ' ' . . 4-. Q N 4 ij Y g eg M�NNLL�J ..� .. - _.- IN 0 �. � - lid§ • :. I 2 ,. EN ___---- L -, N or .: ,,, . •i v % \ 1 j� f- s 'hp' :;, - - --' :0?.\ lob Ito ' ra x;$211 F" 0 i ..X�y �m • I . • Courthouse Area Charity Agenda Item 6 Page 6 Proposed Site Layout with BMP Retention — li ' «aLVWU0i w 33V313U WM 31.1S 11RItd33NOO 'RI x3ssns 1 ; L ' U P z t 4� a ¢U • io .*• e'esssAS`4' ti- j Ili ! 1 ilhiibb i, W 0/ O i //;11 ., ., .ti 4'7 . 4-. .-,41 7 I Alil ' '-'') V.J1111111. 1114r 1 t.t."'"- ,....,..1.1.' .' ' 3 _.A,.:-..,3 Fi *a-41 7 =ca Y de �► �' R i z i f e pz n i z r `511161,11 y 34' >, gr TN ll; E1 1 rD f! ii 41 esti i111111 iellii ll 11151 g1' 11 7 111 p1 _�;;i111119 Yu11111 �'� 1 diUt 11I PI g1g1 • I1JhIIII its a1 €1f1ii 1!! 8 1161; r • Courthouse Area Charity Agenda Item 6 Page 7 Conceptual Landscape Plan • j �.'..`^•�.,�• '�""' M11d 3dYOSONtl1•Vf11d3ON00 ^— R I ` 49 M X3SSr15 ' 9 '' vnlwiewq!wri R O b 30001 'WI 3NNVNtld at • NV1d 31i 3Sf11tlN01110N00 •.• =I 1 I 1 1 ! i V 5 II 1,,i,.. pa,iW e yy� � SC;> 4,i` �1 ,, t.qi 4, F �G 1 I o. J II i ' ii izz 1-, I'. 1 1\ ' Z i' S El v-/1 \ • ti s g"aR a t. t v � `' a, ..� 'fit r �. Courthouse Area Charity Agenda Item 6 Page 8 Proposed Elevations MICK PRP O.WAX/Wwc 00Ir arsr M" - Tom' "sem --�� eaia,, wr w. S .Yw II \\SII \\=—I \ I ••WC OOPSI Oig►.►.�EIO► �� E -,rte = vavo�voon,®=__vo _o pl0 wr v.rn GAM,'OT402 !'-wo-..M•s,. ' 0.04 sun V wit.,m. - NW OM l'..=wrn FRONT ELEVATION 1/D'•14' — - -__— r •,III:J% II it __ �' onooroo LEFT SIDE ELEVATION vo , 1 , _i -. 00•_LII o -- RIGHT RIGHT SIDE ELEVATION w••no' II r-- ---- ..s __ __. . , --- �uuuu�u ___ __ ._. ...... . REAR ELEVATION Courthouse Area Charity Agenda Item 6 Page 9 Proposed Monument Sign 1'-B" 7, 8'-p" 1'-8" ir \ j BRICK SOLDIER l i i PRINCESS ANNE IIIA o, BRICK ID I ® MASOMC LODGE ' 1 ' L t II1 ` I n —• , , ( ` 1 i 1 I 1 1 1 2849 PRINCESS ANNE ROAD i I i ► - LANDSCAPING �� V { ��, , �3E• ii. ` ' ,e-5 "�� ' *%-- r' l . s $ROUND LIGHTING JOB NO: 17003.00 D SCALE: 12"- -01' " p.c. ' SUSSEX SIGN ELEVATION DAM: "20'17 HOF .4lara7.esr ca V. o►r. w♦ - S.N. • SUITE 201co R►o,I A♦I p M MASONIC LODGE RHv.0 • 1101POIJ VIRONI.A 13710 7F1.(7/)464II00 ..FAX(127)4665014 SKA-I Courthouse Area Charity Agenda Item 6 Page 10 .. - - __ Site Photos . . .., .::,,, 4foi.42, • , ' oo .N , . 4 •, ..,-. ..,.. . .; • •-• 't:" ' fr • . 0 ••'.1 • 4' t. ll 1 II II II - I AIM II ; ''I 11 ' .•NM. .0.! VII r- r ,. --,.0.- •-f •••• .. ••'•Fi-• -- -- , .. . ..;:.-:ig). .....i.- .. o- i .-. :•••'.-. .-.. •:-..:-..., .. .`%...... -•.,-- •- ,. -sc, r,-.:_. -.-..-....-.r..• .• - ' - •••''' ''. .34r. - • - -, ‘-. +" . •,,' q . ' ‘1,... - - --:.4*-- --' - :... - ----7, '..•• _..._... --•:.• .-'"-- 4. -- - . -: . - "". . -,-.-i.:' '.... -",.., •-1..'f---t • .).- '- --. t tr- ' ...• -k . •A ' .,..."..': . - ' '' • . ..I; .. • . - ' 4.4:44, 1: .,' .- . ... •1,.' *. Norw, • -,,..41. t...' . , •i 4. , `. .4 . . 1 4 ,?* - . • I ..,..,s"Ci... _41'4. - A • .... . -- ... - --“-.., 4 Courthouse Area Charity Agenda Item 6 Page 11 Disclosure Statement a� Virginia Beach APPLICANT'S NAME COURTHOUSE AREA CHARITY DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters Include, but are not limited to,the following: Acquisition of Property I Disposition of City Modification of by City I Property __ Conditions or Proffers Alternative I 'Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tlon for (EDIP) Board of Zoning Encroachment Request Rezoning A. ._ __._... . J -_I Certificate of Floodplain Variance Appropriateness H Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay 1 __. I Preservation Area Lease of City Property Subdivision Variance I IIB,oard- l _ Conditional Use Permit License Agreement Wetlands Board s • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two In weeks prior to any . Page 1 of Plannin j Commiss Ion and Ott Council meetin that renins to the a..llcattonlsl. APPLICANTEi NOTIFIED OF HEARING DATE- � NO CHANCES AS OF DATE'. Utley i7 .. YC Jonathan Sanders o REVISIONS SUBMITTED DATE. ' J Courthouse Area Charity Agenda Item 6 Page 12 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:COURTHOUSE AREA If an LLC, list all member's names: CHARITY If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) See attached list. (B) Ust 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 nropertv owner Is d'ff€rant from AvvIkant. ❑ Check here If the PROPERTY OWNER iS NOTa corporation,partnership,firm, business,or other unincorporated organization. A 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:PRINCESS ANNE MASONIC If an LLC, list the member's LODGE ETC names: Page 2 of Courthouse Area Charity Agenda Item 6 Page 13 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list If necessary) The Lodge is a fraternal organization. It has three Trustees;Wayne S. Flora, Wilson W dgeon and Chades Ogden. (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. i '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 (IIO 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 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 Courthouse Area Charity Agenda Item 6 Page 14 Disclosure Statement APPLICANT Virginiae ch YES NOSERVICE PROVIDER(use adadond sheen if I ' needed) ❑ ri Accounting and/or preparer of your tax return 0,2 ❑ , Architect/Landscape Architect/ Woodard Design,P.C. Land Planner I ❑ 0 Contract Purchaser ff other than the Aoollcantl-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) EIConstruction Contractors Sussex Development Corp. ❑ Engineers/Surveyors/Agents KLD B Associates,Inc. 11 Financing(include current ', ❑ mortgage holders and lenders ��`i selected or being considered to I , provide financing for acquisition or construction of the property) 0 Legal Services Wdcob Rivers Gates Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subjectprgperty , • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have /2 17 an Interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what Is the nature of the interest? Mr.Donald Horsley is a Director of Courthouse Area Charity and a Member of the Virginia Beach Planning Commission. Page 4 of 7 Courthouse Area Charity Agenda Item 6 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. SII understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Ap IlFation. / it/LA y Wayne S. Flora,Trustee 17/310 3 AP.... iS SIGNATURE _ PRINT NAME ATE i/ _ Page 5 of Courthouse Area Charity Agenda Item 6 Page 16 Disclosure Statement OWNER Virginia Beach YES _ __SERVICE — _j PROVIDER(us*additional sheets needed) ® ❑ Accounting and/or preparer of Lodge Secretary your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract de purthn nthe Annikant)-identifypurchaser ' and puchaseYs service providers I Any other pending or proposed C r.4 purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ZEngineers/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 r -Real Estate Brokers / n ® Agents/Realtors for current and anticipated future sales of the subject property s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE -i----- - -. 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? Possible members of the lodge that are or were clty employees may now or previously have been members of Princess Anne Masonic Lodge No.25. Page 6 of 7 Courthouse Area Charity Agenda Item 6 Page 17 Disclosure Statement lB 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 far publict 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. _ >< � Wayne S.Flora, President fly 17 SI __ PROPER 1OR'S SIGNATURE PRINT NAME DATE Page 7 of Courthouse Area Charity Agenda Item 6 Page 18 Disclosure Statement Courthouse Area Charity Officers and Directors Officers: President,Wayne S.Flora Vice President,John S.Kellam Secretary,Scott L.Buchanan Treasurer,Richard S.Collins Directors: Scott L.Buchanan Richard S.Collins Wayne S.Flora Donald H.Horsley John S.Kellam. Note,the initial Directors as listed on the State Corporation Commission do not include John S. Kellam but do include Harry Davis.However,subsequent to incorporation,Harry Davis declined to serve as Director and John S.Kellam was nominated and agreed to so serve. Courthouse Area Charity Agenda Item 6 Page 19 Item#6 Courthouse Area Charity Conditional Use Permit 2849 Princess Anne Road District 7 Princess Anne October 11, 2017 CONSENT An application of Courthouse Area Charity for a Conditional Use Permit(Assembly Use)on property located at 2849 Princess Anne Road, District 7, Princess Anne. GPIN: 1494-46-1205-0000. CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conceptual Site Plan, CONDITIONAL USE SITE PLAN, PRINCESS ANNE MASONIC LODGE, 2849 PRINCESS ANNE ROAD,VIRGINIA BEACH,VA", prepared by SUSSEX DEVELOPMENT CORPORATION,dated 8/29/17,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 shall substantially adhere in appearance, size and materials to the elevations, noting that the skirt may be either brick or EIFS, entitled,"NEW MASONIC LODGE BUILDING, 2849 PRINCESS ANNE ROAD,VIRGINIA BEACH,VA", prepared by WOODARD DESIGN P.C., DATED 8/24/17,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed monument sign shall be no taller than eight feet in height and resemble the likeness of the proposed monument sign on page nine of this report. Submit a permit request for any proposed signage to the Zoning Office for approval. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 6. Donald Horsley: I would like it to be known that I am a member of Board of Courthouse Area Charity. I will be abstaining from this vote. AYE9 NAVO ABS1 ABSENT 1 HODGSON ABSENT HORSLEY ABS INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE Item#6 Courthouse Area Charity Page 2 WEINER AYE By a vote of 9-0-1,with the abstention so noted,the Commission approved item 6 for consent. Les Watson appeared before the Commission on behalf of the applicant. , . i , ; . . . .. • - . . . . ''.---C• • - 1 •, . . . . " ? 1 . . .- . I :.-• , 1 • _,,-- . 4. .,,,...,--. 1 i , . L'. _ . , pl , i \_ / ' .1-'' i „ • , . ,^ . •, ' L.11 C) "q Ilittr •. 4. . 4 .-......... 44. - . c...._ 7 •11- i * . . i1 .......,...... I 4.......,- . .... Ln CO lig -. q1 Co Oe 1';%1 . . t•' --•, - • „s'---- .71mM.. .,-111•11.! I $... . . _. • • ..,. ._•.. I 0 I . _.. . _ ..:, r J Ire E111 1 1 1 i 11,11 . b .. . .-----• . .,-•-- bil: ' ,. . , c1:71 or. ' ...-' . .i, . ___------ _ 1 .. .4.-.. f.1 1 51tqlOrle : • • •< .. \ . ......". , of • 01 14 1 -..• .• 1 ' . I 1 . 111 _ .---- 1 •I .• 1 • h . • IT • . .. . , ...... . . ., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving Application of Cavalier Golf&Yacht Club for the Closure of Approximately 77,650 Sq. Ft. of the Public Right-of-Way Known as Cardinal Road MEETING DATE: November 21, 2017 • Background: Cavalier Golf and Yacht Club, a Virginia non-stock corporation (the "Applicant") has requested the closure of approximately 77,650 sq. ft. of public right-of-way known as Cardinal Road (the "Right-of-Way"). The Right-of-Way serves as the sole entrance to the Cavalier Golf and Yacht Club. No other properties are served by the Right-of-Way proposed for closure. The Applicant previously made the request to close the Right-of-Way in 2000 and 2009. Both requests were approved by City Council, however the Applicant failed to meet the conditions of closure before the approval periods expired. • Considerations: The Viewers determined that the closure of the Right-of-Way, with the conditions set forth below, will not result in a public inconvenience. There was no opposition to this request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed Right-of-Way into the adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated to the City for all public utilities infrastructure located within the closed Right-of-Way. Cavalier Golf& Yacht Club Page 2 of 2 4. The Applicant shall verify that no private utilities exist within the portions of Rights-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. No portion of the closed Right-of-Way shall be used for the creation of any lot(s) that increase residential density within the 65-70 dB DNL noise zone; Sub-Area 3. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. • Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De m ency: Planning Departmenfrly re r (A ) S City Manager: 1 AN ORDINANCE APPROVING APPLICATION 2 OF CAVALIER GOLF & YACHT CLUB FOR 3 THE CLOSURE OF APPROXIMATELY 77,650 4 SQ. FT. OF THE PUBLIC RIGHT-OF-WAY 5 KNOWN AS CARDINAL ROAD 6 7 WHEREAS, Cavalier Golf and Yacht Club, a Virginia non-stock corporation (the 8 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described portion of right-of-way be discontinued, closed and 21 vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "DENOTES PORTION OF CARDINAL ROAD 27 RIGHT-OF-WAY TO BE CLOSED (77,649.5 SF)", shown as 28 the hatched area on that certain exhibit plat entitled "RIGHT- 29 OF-WAY CLOSURE EXHIBIT FOR A PORTION OF 30 CARDINAL ROAD BIRDNECK POINT SUBDIVISION GPIN: 31 2418-24-6584", Scale: 1" = 60', dated June 29, 2017, 32 prepared by MSA, P.C., a copy of which is attached hereto 33 as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 2418-24-6584) 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the closed Right-of-Way into the adjoining parcel. The plat must be 49 submitted and approved for recordation prior to the final street closure approval. 50 51 3. An appropriately sized public utility easement satisfactory to the 52 Department of Public Utilities shall be dedicated to the City for all public utilities 53 infrastructure located within the closed Right-of-Way. 54 55 4. The Applicant shall verify that no private utilities exist within the portions of 56 Rights-of-Way proposed for closure. If private utilities do exist, easements satisfactory 57 to the utility company must be provided. 58 59 5. No portion of the closed Right-of-Way shall be used for the creation of any 60 lot(s)that increase residential density within the 65-70 dB DNL noise zone; Sub-Area 3. 61 62 6. Closure of the Right-of-Way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not accomplished and the final plat is not approved within one year of 65 the City Council approval, said approval shall be considered null and void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before November 21, 70 2018, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before November 21, 2018, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH as "Grantor" and CAVALIER GOLF & YACHT CLUB as "Grantee". 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 88 of , 2017. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ()1,41"k j IGLsGuDti l^J Planning Department City Attorney CA14018 v6yormmEM App nce,lunSf n YIawo;wnm WPOU s uoo6PW wa)I6m Jac R-1 November 9, 2017 EXHIBIT A ..........................I.no b...r.1.•Po UII-...•err>at••n • x1 7fa ¢osao €i F, ill till f,11 11111111. ..,.. JJRR \--- ... „...,. ,I & 1111111 Ns i a 132252 °I: 1111 11 lj tit ; 1`iq, 0 N T \ / '( ht ii • 1..t,,. 11 lir- ,1!4._4 \ K ,__Q. 1e CI h �iiEt\ la. i 1 1/� '/ ., \.\---lag5;1 Ill"�'� Z 11 4s \ ' . \\ , > 1 g I. c•l \ t A i1: aNv yf' s^�STA C, I p C 4I t11111 2.:N X a, I Ig ll 1 \ P';'"---..$. ---......_„.„ PC 1 f' 1 iI 1`11 IpI lk qi � I 8 I. :1 ' \ I J aYi'i ` , J• o ,62.%' , .ur 1 1! v 6TN0.1tl COPT(9O'11 W N 86'33'20'E SI 8 12i 1 I I Cg eg 4 v:],--5-v.raOSAt ire, � v1Txy` MSA, P.C. f roN ja ey.g ° A POR110N OF CARDINAL ROAD .Li_- oe®—� I j11IIfi�A1t6 Orli lmn.neY M1¢mi`•lvd.oz,An,.3.-, J I kM > 5030Faly Ilw.YI.i[u Bum.l A:W: F B66.YEN POINT SUBON90N •- 1 - wlvalyt._vi,,, •'n ,n..aa9:e.a..l.s7+wos.,,:..; 4 r GP9#2418-24-6584 , -�. I - a/kn� S` ........”«.•,..” t o I°.ol raL'T7smrr.r mosa4CL:fY2-••---- M1. `Z.:0,, T' Applicant & Property Owner Cavalier Golf & Yacht Club Agenda Item Public Hearing October 11, 2017 City Council Election District Lynnhaven 8 Virginia Beach Request4-`c a f s Street Closure (Portion of Cardinal Road) x . � M` o Staff Recommendation Approval "") i ; 65.7001 OK t Qf Staff Planner a `°re Jimmy McNamara .�6 s >;, 0,0, Z 6, Location ,44•4'''e' , Cardinal Drive from Starling Drive to the - - t; 1 northern terminus of Cardinal Road ? ' Ao17 GPIN I - Adjacent to 2418246584 7o.750B ONS .n,,. a;`^ t ate„cow` -s Site Size 77,650 square feet AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District - Roadway/ R-40 Residential •f,� Surrounding Land Uses and Zoning Districts ?i ��i'� ' '. '( North J ` s '• ) 3 i Country club/R-40 Residential I + n South ): Background and Summary of Proposal • The applicant is requesting closure of 77,650 square feet of public right-of-way that serves the Cavalier Golf and Yacht Club. The same request to close this portion of Cardinal Road was approved by City Council on May 23, 2000 and again on May 26, 2009. However, both times the applicant failed to meet the conditions for the street closure in the allotted timeframe and; therefore, the applicant is required to request a closure of this right-of- way once again. • The portion of right-of-way proposed for closure serves as the sole entrance to the Cavalier Yacht and Country Club. No other properties are served by this roadway. While the roadway physically appears to be a continuously paved right-of-way extending from Starling Court to the primary clubhouse building, only a portion of the paved roadway is public right-of-way. The remainder of the paved section is a private roadway developed by the country club. The remainder of the public right-of-way is undeveloped and extends into a fairway of the golf course. • The applicant intends to realign portions of the asphalt which currently lie within the public right-of-way. A closure of the street would allow the applicant to complete these modifications. w r ,;' Zoning History \ / # Request '�..•. `s A1 CUP(Communication Tower)Approved 01/17/2017 '0• R-40 STC Approved 05/26/2009 R-4 ', �•� �' CUP(Communication Tower)Approved 04/08/2008 CUP(Marina Expansion)Approved 12/09/2003 STC Approved 05/23/2000 I I". \_ -' ?��,' CUP(Outdoor Recreation Facility)Approved 01/28/1997 13 40 l 0 i.! CUP(Clubhouse Expansion)Approved 01/23/1996 A ,',(t 4O\ 1 \t,40 "\ R-4 l Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Cavalier Golf &Yacht Club Agenda Item 8 Page 2 Natural and Cultural Resources Impacts This roadway is within the Chesapeake Bay watershed. As the roadway is near the Lynnhaven River, portions of the right-of-way are within the Resource Protection Area,the most stringently regulated portion of the Chesapeake Bay Preservation Area. As no new impervious cover is proposed with this request, no additional review is anticipated. There do not appear to be any significant cultural resources associated with this portion of the right-of-way. Public Utility Impacts Water There is a public service line and two water meters located within the right-of-way proposed for closure. An appropriately sized public utility easement must be dedicated when the final plat is recorded. Sewer There is a public sanitary sewer gravity main located within the right-of-way proposed for closure. An appropriately sized public utility easement must be dedicated when the final plat is recorded. Evaluation and Recommendation A Viewer's meeting was held pertaining to the portion of Cardinal Road proposed to be closed. It was noted that several public utility apparatuses are located within the portion of the Cardinal Road right-of-way proposed to be closed, and as such, an easement satisfactory to the Department of Public Utilities will need to be established, which may limit development within these areas. Section 1804 (c) (3) of the Zoning Ordinance states that "it shall be the policy of the City Council that no application for a residential use shall be approved unless the City Council finds that no reasonable non-residential use can be made of the property, in which event the City Council may allow the proposed residential use of such property at the lowest density that is reasonable." As the right-of-way is located within the 65-70 dB DNL; Sub-Area 3 noise zone, a condition has been recommended that no portion of this right-of-way be used for the creation of any lots that increase residential density. In conclusion, the Viewers have determined that a closure of this portion of right-of-way will not result in a public inconvenience; therefore, Staff recommends approval of this request. Cavalier Golf&Yacht Club Agenda Item 8 Page 3 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Cardinal Road into the applicant's adjoining parcel that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. No portion of the closed right-of-way shall be used for the creation of any lot(s)that increase residential density within the 65-70 dB DNL noise zone; Sub-Area 3. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/DevelopmentServices 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. Cavalier Golf&Yacht Club Agenda Item 8 Page 4 Existing Right-Of-Way To Be Closed K 1k a}3 101U0 ' f(VOUlg ' _� Nlitt\ $ y=g- °F -- F „ it i i 1 I 4 ii ;;;;TO ;F i ° --,,, \ , 4k 101 \,,a\ \\\ ptts )--------\-2----' ------- i�" F..'= g.4 4 I `� \ I% k Ili _____ --i--------:\ 1.;:. .. !ip,,,, ,,t -14 F el 1 114111111 'II F ,$ 'tell;4 �i ‘ r;Iii, 1 OUPLND[[UM'MO'MO N DD'3S20-E $ 8 / C Cavalier Golf&Yacht Club Agenda Item 8 Page 5 Site Photos .c i I tig flit.. ' .. re'"'". •:1 � • ..4 "i II: 1s � 1i' W -� . 11l r yf" -,:• . ► - I ce. -- _ � RIP _ y _ Oar Cavalier Golf&Yacht Club Agenda Item 8 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Cavalier Golf and Yacht Club 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 FOR CITY USE ONLY/MI d umsutes must he updates two(2)weeks prior o a,y Page 1 of rlannn Comm salon and OZ.Ccurel+,ae:m„mt 1 artairs to the a IltatIcnlal. 0 APPLKANT NOTIFIED Of HEARING DATE — — - 7 r ® NO CHANGES AS Or DATE 11/9/doll0 J�"'M ' 'r(.-8a Jimmy McNamara 0 REVISIONS SUBMITTED PATI Cavalier Golf&Yacht Club Agenda Item 8 Page 7 Disclosure Statement Vestals Beach fl 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:cavalier Golf&Yacht Club 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) Attached List of Board of Directors (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See nexi page for information pertaining to footnotest and 2 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroaerty owner i,_di fffeent from Avoliran(. 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 THFN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Cavalier Golf&Yacht Club Agenda Item 8 Page 8 Disclosure Statement lB wails Beam If a Corporation, Ilst 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-subsid'ury 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 Loral Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship' relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest In the other business entity.iii)a controlling owner In one entity is also a controlling Amer in the other entity,or (iii) there is shared management or control between the business entitles. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person ownmanage the two entitles': there are common or commingled funds or assets;the business entitleshare the use of the same offices or employees or otherwise snare 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§ 22-3101. • ti SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subiert of the application or any business ooeratinq 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 Cavalier Golf&Yacht Club Agenda Item 8 Page 9 Disclosure Statement APPLICANT Virginia Beath YES NO SERVICE PROVIDER(use aaAnmYsheers l/ needMt Accounting and/or preparer of Wall.EFhom and Chernllzer your tag return ® Architect/Landscape Architect/ Tymofl&Moss Architects.asks Planner Aurend and MSA ❑ ® Contract Purchaser W other than the Applicant)-Identify purchaser and purchasers service providers Any other pending or proposed • ® purchaser of the subject progeny (identify purchaser(s)and purchasers service providers) - CI ® Construction Contractors Not YelAwarded ® ❑ Engineers/Surveyors/Agents MSA and Gallup Surveyors&Engineer Financing(Include current TowneBenk ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Norris&SI.Clair Real Estate Brokers/ ▪ ® Agents/Realtors for current and anticipated future sales of the sub'ect .ro.ert 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? Ben oewnoon(club Niamey) Page 4 of 7 Cavalier Golf&Yacht Club Agenda Item 8 Page 10 Disclosure Statement Y3/ Virginia Beach CERTIFICATIQN: 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. APPUP NATURE l PRINT NAME DATE Page 5 of Cavalier Golf&Yacht Club Agenda Item 8 Page 11 Disclosure Statement Board of Directors and Officers of Cavalier Golf&Yacht Club as of lune 1,2011 Officers: David Earl—President Ron Foresta,Jr.—Vice President Administration Debbie Martini—Vice President Operations Gary Gilmore—Treasurer Dolly Mannix—Secretary Nikki Williams—Legal Counsel Directors: Andrew Kellam John Norris Sean Vermillion Larry Harmon Jim Cummings Jim Richards Dr.Ted Verfurth John Mil lerson—General Manager Cavalier Golf&Yacht Club Agenda Item 8 Page 12 Item#8 Cavalier Golf&Yacht Club Street Closure Portion of Cardinal Road District 5 Lynnhaven October 11,2017 CONSENT An application of Cavalier Golf&Yacht Club for a discontinuance,closure and abandonment of a portion of Cardinal Road, District 5, Lynnhaven. GPIN: 2418-24-6584-0000. CONSENT 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Cardinal Road into the applicant's adjoining parcel that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 5. No portion of the closed right-of-way shall be used for the creation of any lot(s)that increase residential density within the 65-70 dB DNL noise zone; Sub-Area 3. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 8. Ronald Ripley: I am a member of the Towne Bank Advisory Board in Chesapeake and this is an application that discloses Towne Bank as their lender. I will be voting on this matter since I have no interest in the application and Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision, I will be voting on this application. Item#8 Cavalier Golf&Yacht Club Page 2 Mike Inman: I am a member of the Towne Bank Advisory Board. I have no interest in the application and since Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision, I will be voting on this application. AYE 10 NAY O ABS O ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE 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. Eddie Bourdon appeared before the Commission on behalf of the applicant. L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORM WATER 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 3854303 **********._..__************** I1/15/17tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE.I I'07/2017 PAGE: I D A AGENDA V ITEM K SUBJECT MOTION VOTE A E H F W B N E J S U I B P I) N 0 K M S II 1. W O 0 Y LN A 0 0 R S O T REF EN S M I 0 0 T TR YS E S S N N I) 1. CITY MANAGER'S BRIEFINGS A. ENTERTAINMENT UPDATE Ronald H.Williams, Jr.,Deputy City Manager B. OPPORTUNITY,INC Shawn Avery, President and CEO C. SHORT TERM RENTALS Mark D.Stiles,City ALTERNATIVE Attorney IVIIVIV/V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 A Y V Y Y Y Y Y Y YY VI SESSION A-E F/G MINUTES: APPROVED 9-0 A Y YVY Y Y Y Y TA October 17,2017 B S A F D H. MAYOR'S PRESENTATION 1. PROCLAMATION- NATIVE AMERICAN HERITAGE Chief Lockamy, MONTH Nansemond Indian Tribe 2. RESOLUTIONS- a. PULMONARY HYPERTENSION Nicholas and Nicole AWARENESS MONTH Sharp b. VIRGINIA LIVESTOCK HALL OF Donald H.Horsley FAME PUBLIC HEARING NO SPEAKERS 1. DECLARATION/CONVEYANCE of EXCESS PROPERTY Indian River/Kempsville Roads I. Ordinance to AMEND City re Cavalier DEFERRED TO 10-0 A Y Y V Y Y V Y Y TY Shores Neighborhood pertaining to NOVEMBER 20, Residential Permit Parking 2018 2 Resolution to REFER proposed ADOPTED 10-0 ATV V Y V Y Y Y TY Amendments to COZ to Planning Commission a. Definition/Requirements/Use of Home Sharing/Short Term Rentals CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:1 007/2017 PAGE: 2 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H F W B N F 1 S U I B P D N 0 K M S II I. W' O 0 Y L N A 0 0 R S 0 TIMER S M 1 0 0 1 TR VS B S S NND 2. Resolution to REFER proposed ADOPTED,BY 10-0 A V Y V Y V V V Y YY Amendments to COZ to Planning CONSENT Commission b. Amendments to re definition of Major Retail Venue 3 Ordinance to ESTABLISH Tax Rate of ADOPTED 10-0 A Y Y Y V Y Y Y V V V assessed value on computer equipment/peripherals used in a Data Center effective January 1,201g 4- Ordinance to DECLARE EXCESS City ADOPTED,BY 10-0 A V V Y Y V V Y Y YY Property at Indian River/Kempsyille CONSENT Roads/AUTHORIZE the City Manager to exchange of same to Betty H.Buzzy Revocable Living Trust 5. Resolution to DIRECT the City ADOPI ED 9-1 AY V V V Y V Y Y NY Manager to terminate the Arena Development Agreement should USM not close on its construction loan by 11:59 P.M.on November 9,2019 fi. Resolution to REQUEST State/Federal ADOPTED,BY 10-0 A V Y V YY V V V V V Governments proceed with widening and CONSENT deepening Hampton Roads Harbor Channels 7. Ordinance to EXTEND the date to ADOPTED,BY 10-0 A V V Y V Y V YVY V satisfy Conditions re closure of take CONSENT Avenue/Oak Street/portions of Locust Crescent/Ellis Avenue DISTRICT 4-Bayside 8. Ordinance to APPROPRIATE to the SUBSTITUTE 9-1 AY V Y Y Y N V Y V V School Reversion Fund: MOTION LOST 10 LACK OF SECOND/ a $19,258,877 to the PY-18 Operating ADOPTED Budget b. $900,000 to the FY-IS CII 9. Ordinances to ADOPTED,BY 10-0 AY YYY V V V V V V ACCEPT/APPROPRIATE: C(INSEN1 a. $4-Million from FEMA re mobilization to support Hurricane Maria operations b. $302,000 from U.S.Department of Justice to the Police re body worn Cameras C. $10,000 from the U.S.Department of Justice to the Police re Naloxone CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE'.I1/09/2010 PAGE. 3 D A AGENDA V ITEM p SUBJECT MOTION VOTE A F II E W B N F I S U B PDNOK M S H L W O 0 Y L N A 0 0 R S 0 T R E E EN S M I 0 0 T TR YS E S S NND K. I. WILLIAM/CHRISTEN HICKEY COZ APPROVED, 10-0 A Y Y V Y V Y Y Y Y Y from B-2 to R-20 at 500 Davis Street BY CONSENT DISTRICT 2-KEMPS VILLE 2. TMSSR, LLC/VILLAGE DRIVE APPROVED/ 10-0 A V TY Y V Y Y Y Y 1' COMMONS,LLC CUP re tattoo parlor CONDITIONED, at 620 Village Drive,Suite D BY CONSENT DISTRICT 6-BEACH 3. KABP DEVELOPMENT,LLC CUP APPROVED/ 9-0 AY TY Y Y Y A Y Y Y re hair care center at 2033 Fisher Arch CONDITIONED, H DISTRICT 7-PRINCESS ANNE BY CONSENT S T A N E D 4 KODU,LLC/FAIRFAX SIXPLEX, APPROVED! 9-0 A TY Y Y Y V A Y YY LLC CUP re motor vehicle sales at CONDITIONED, B 1165 Lymahaven Parkway BY CONSENT 5 DISTRICT 3-ROSE HALL T A N E D 5. RHETTREBOLD/DERRICK APPROVED! 9-0 A V TY Y Y Y A V TY BORTE CUP re craft hrewery/open- CONDITIONED, B air market at 505 18'"Street BY CONSENT DISTRICT 6-BEACH T A N E D 6. GRACE BIBLE CHURCH OF APPROVED' 10-0 A V Y TY V Y Y Y YY VIRGINIA BEACH,INC!MARY CONDITIONS H.SMITH REVOCABLE TRUST ADDED DISTRICT 7-PRINCESS ANNE: CUP re religious use at 2285 London Bridge Road DISTRICT 7-PRINCESS ANNE SXCW PROPERTIES 11, 7. LLC'FULTON BANK,N.A. CUP re DEFERRED 8-2 A N Y Y Y Y Y Y N YY car waslvauto service station at 3264 INDEFINITELY Holland Road DISTRICT 3-ROSE HALL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:11/09/2019 PAGE: 4 D A AGENDA V ITEM SUBJECT MOTION VOTE A E H E W B N E I S U BP DNOK M S H L W 00 V I. N A 0 0 R S 0 T R E E EN S M I 0 0 TIME S S NND L. APPOINTMENTS: RESCHEDULED MONS E N S US BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD (CBS) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDAC) PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA S I ORM W ATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION AGRICULTURE ADVISORY Reappointed COMMITTEE John Cromwell 10-0 A Y Y V Y Y Y Y Y YY Ban Frye 4 year terms 10/01/19-09/30/21 Appointed: Jason Dawley 4 year term I I/7/17-09/30/21 PLANNING COMMISSION Reappointed: Michael Inman 10-0 A Y V V Y Y Y TY VT Dee Oliver 4 year terms 01/01/18-12131/21 TRANSPORTATION DISTRICT OF Appointed: HAMPTON ROADS Tars D.Reel 10-0 A V Y V V Y Y Y Y V Y Alternate 2 Year term 11/9/19-0900/19 2040 VISION TO ACTION Appointed: COMMUNITY COALITION Trane Aaby 10-0 A Y V TY V Y Y Y TY (VTACC) Danielle Jarvis Terms ending 6/30/21 L/MM ADJOURNMENT 8:56 PM OPEN DIALOGUE 8:58-9:19 PM 5 SPEAKERS