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02-06-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL V0GeNu�E4ClMAYOR WILLIAM D.S55SOMS AI-Large VICE MAYOR LOJONES,B WDistrict 4 OEABBOtKempDistrict2 M.BENJAMIN DAVENPORT At Large � ROBERT DYER,Centerville District I BARBARA M.HENLEY / A District Rose Ha SHANNON DS KANER Hall District 3 _ JOHN D.MOSS,Al Large JOHNS.OHRWIL Bead: District 6 ROSEMARY WILSON,AI-Large JAMES L. WOOD,4nnnaven-District s 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:(757)385-4303 CITY ASSESSOR RONALDD.AGNOR 6,gOIy FAX(757)385-5669 CITY AUDITOR LYNDONS.REMIAS E-MAIL:Ctcnel@obgov.com CITY CLERK AMANDA BARNES Februaryi 8 VICE MAYOR LOUIS R.JONES PRESIDING I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 PM A. FORT STORY FIRE STATION UPDATE Chief David Hutcheson—Fire B. LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE Andrew Friedman, Director—Housing and Neighborhood Preservation Melanie Coffey, Permit Administrator—Public Works C. FEMA REIMBURSEMENT FUNDS Thomas M. Leahy, Deputy City Manager D. SPORTS CENTER PPEA INTERIM AGREEMENT Ronald H. Williams,Jr., Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Reverend David Lambert Pastor, Exceed Life 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 I. INFORMAL and FORMAL SESSIONS January 16, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION African American Heritage Month Dr. Amelia N. Ross-Hammond, Founder and Executive Director of Project Management African American Cultural Center I. BID OPENING 1. LEASE OF CITY PROPERTY 15`s Street Pier J. PUBLIC COMMENT 1. SPORTS CENTER PPEA PROPOSALS —The Sports Center proposals are at: https://www.vhgov.com/govemmcnt/dcpartments/f nancc/Pages/purchasing.aspx K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Sections 2-121 and 2-123 of the City Code re: Deferred Compensation Plan 2. Resolution to ADOPT the Commonwealth of Virginia 457 Deferred Compensation Plan 3. Resolution to ADOPT the Virginia Cash Match Plan as the Successor to the Sheriff's Supplemental Retirement Plan 4. Resolution to REITERATE OPPOSITION to Offshore and Gas Exploration SEEKING the same EXEMPTION provided to the State of Florida 5. Ordinance to APPROVE the sale of School Board property located at 273 North Witchduck Road and ALLOW the School Board to retain the sale proceeds 6. Ordinance to DECLARE property located at 2305 Indian Hill Road and a permanent utility easement encumbering the adjacent lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to convey the property to Sylvia Thomas Clark and to VACATE the easement 7. Ordinance to AUTHORIZE temporary encroachments into a portion of an existing City right-of-way known as Viking Drive located at the front of 536 Viking Drive DISTRICT 6 - BEACH 8. Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget: a. $3,500 re: City's Radiological Preparedness Program b. $15,000 re: medically friendly shelter exercise c. $19,000 re: Community Emergency Response Team(CERT) 9. Ordinance to ACCEPT and APPROPRIATE: a. Option 1: $5,292,784 to CIP 7-041 re: Central Resort District Drainage Improvements b. Option 2: $5292,784 to CIP 7-028 re: Windsor Woods Drainage — (REQUESTED BY ALL COUNCIL MEMBERS) L. PLANNING 1. CONSUMER PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re: lot area and width at 2311 Busky Lane DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 2. MICHAEL BINETTI & JEFFREY MURPHY for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re: direct access to a public street and lot width at the West side of Riddick Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. HH VB2, LLC for Modification of Conditions re: alternations to existing single-family home and to the apartment building at 400 33`d Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC and SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional A-24 Apartment at 273 North Witchduck Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. LARRY GARRISON & HILLTOP INVESTORS, LLC for a Conditional Use Permit re: motor vehicle sales at 1805 Virginia Beach Boulevard, Suite 102 DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 6. LUCIANA CRESPO & THE BRUCE W. & ELLEN B. GALLUP JOINT REVOCABLE INTER VIVOS TRUST AGREEMENT, DATED DECEMBER 21, 2015, for a Conditional Use Permit re: tattoo parlor at 325 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. LYNNHAVEN MALL, LLC for a Major Entertainment Venue Signage Permit at 701, 739, 745, 757 & 773 Lynnhaven Parkway; 1001, 1005 & 1009 Lynnhaven Mall Loop DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL M. APPOINTMENTS ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF CODING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE(COG) GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ************._***.._**_* February 13, 2018 Workshop CANCELLED due to: CITY COUNCIL WINTER RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center February 15 and 16, 2018 8:30 a.m. to 4:30 p.m. 02,06,/18/jag VICE MAYOR LOUIS R.JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:30 PM A. FORT STORY FIRE STATION UPDATE Chief David Hutcheson—Fire B. LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE Andrew Friedman, Director—Housing and Neighborhood Preservation Melanie Coffey, Permit Administrator—Public Works C. FEMA REIMBURSEMENT FUNDS Thomas M. Leahy, Deputy City Manager D. SPORTS CENTER PPEA INTERIM AGREEMENT Ronald H. Williams, Jr., Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER. —Vice Mayor Louis R. Jones B. INVOCATION: Reverend David Lambert Pastor, Exceed Life 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 January 16, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION African American Heritage Month Dr. Amelia N. Ross-Hammond, Founder and Executive Director of Project Management African American Cultural Center o _ :y1 R s RR N� p . ` : notch WiirEgEAS: People offfrican ascent have contributed to the community in Virginia Beach for nearly 400 years;and WifIE ' 'S: `Ihaegenera(commemoration of the historical contributions ofAf»canAmericans in Virginia and elsewhere was first estabhshedas Negro?frstoryWeekin 1926 6y a native Virginian,Carter G. Woodson;and WifE S: President GeratTf g Tordexranded this commemoration and celebration to encompass Black ?fastory 9Ifonth in 1976;and WOMI' $: Since 1996, the President of the VnitedStates has issued an annualprodamation forNational' African American?fstory 9Plonth;and WRIFA The theme of the commemoration in 2018 is African Americans in Times of War;and cW L!EMEAS: African Americans from Virginia Beach have servedhonorabfy and bravely in times of war, including Wiles James,who was born a slave in'Princess) nne County and was awarded the Weld'of?fonorfor his actions on the 6attlefiefdin the battle ofNew 91arket?feights in 1864; and ` ilEE iS: Beginning in 1619,94any,21 f,icanAmericans were brought to Virginia against their will and were enslavedfor their Inbar until186S;and W3 `The Seatackarea in Virginia Oeack is one of the oldestfreeAfiicanAmerican communities in the VnitedStates;;and W1E ': WeisAugustus?fodges was the ,fast African_American elected to office,representing Princess Anne County in the State Constitutiona(Convention of 1867-68;and WW.�pEWR'S' AfiicanAmericans have overcome enslavement,discrimination and adversity to mahg positive contributions in education,business,government,military,entertainment,athletics anda(lforms of enterprise,service and achievement in Virginia Beach the Commonwealth of Virginia and the 'United States of America;and 'B1�?l : The 9Kayorand City Councifsupports the establishment of anAfrican American Cul-turd'Center in Virginia Beach as a hubforAfrtcanAmerican culture and history. ND*1,111E0IXTORA I,Wifham(D.Sessoms,Jr:,9Yiayorof the City of Virginia Beach,Virginia,do hereby proclaim: Te6ruary 2018 African Amer n Teri a mond In Virginia Beach andf irthermore call upon the citizens,government agencies,public and businesses and schools in Virginia Beach to recognize the contributionprivate institutions, •fAfricanAmericans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. In Witness Whereof I have hereunto set my hand and caused the OffrcialSeal of the City of Virginia Beach Virginia,to 6e affvicedthis Sktfi day of February,'Two`IhousandandEighteen. a 'aell'it4te4 -.- William D.Sessoms,Jr: Mayor I. BID OPENING 1. LEASE OF CITY PROPERTY 15th Street Pier tit ey PUBLIC NOTICE Bids for Lease of City Property Notice is hereby given that bids shall be received for the lease of City-owned property located on the sandy beach. The City proposes to lease an area approximately 250 feet wide(north/south).immediately north of the existing 15"Street Pier,extending from the boardwalk easterly to the eastern boundary of City owned property in the Atlantic Ocean for a term of up to years. Said property shall be used for the development of a eew two-level fishing pier with restaurant retail and ntertainment on the upper level and a fishing platform on the lower level.A copy of the proposed ordinance is on hie and available for inspection during normal usiness hours in the office of the City Clerk Bide shall be In wising and will be accepted until 5 p.m.. Mondry February 5. 2018. Bids should be delivered to the City Managers Office at Municipal Center,Bldg 1,Room 234,Virginia Beach.VA 23456, email,cmoffce@vbgov.00m. Rids shall be read by the Mayor of the City Of Vlrgynle Beach at the regular meeting of City Council.in the Council Chambers.City Hall - Bldg. 1.Virginia Beach Municipal Center.on February b.2018.at 6:CO p.m.. and after the reading of bids,at a subsequent meeting. Council will obtain public comments on the proposed lease. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved Ara questions concerning this matter should be directed to Ronald H. Williams.Jr..City Manager's office.(757)335-4242. All interested parties are invited m attend. Amanda Barnes.MMC City Clerk if you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385-4902 Hearing impaired call 711(Virginia Relay-Telephone Device for the Dear. PILOT: JANUARY 212018 BEACON:JANUARY 28,2018 J. PUBLIC COMMENT 1. SPORTS CENTER PPEA PROPOSALS —The Sports Center proposals are at: https://www.vbgov.com/govemment/departments/finance/Pages/purchasina.aspx K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Sections 2-121 and 2-123 of the City Code re: Deferred Compensation Plan 2. Resolution to ADOPT the Commonwealth of Virginia 457 Deferred Compensation Plan 3. Resolution to ADOPT the Virginia Cash Match Plan as the Successor to the Sheriff's Supplemental Retirement Plan 4. Resolution to REITERATE OPPOSITION to Offshore and Gas Exploration SEEKING the same EXEMPTION provided to the State of Florida 5. Ordinance to APPROVE the sale of School Board property located at 273 North Witchduck Road and ALLOW the School Board to retain the sale proceeds 6. Ordinance to DECLARE property located at 2305 Indian Hill Road and a permanent utility easement encumbering the adjacent lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to convey the property to Sylvia Thomas Clark and to VACATE the easement 7. Ordinance to AUTHORIZE temporary encroachments into a portion of an existing City right-of-way known as Viking Drive located at the front of 536 Viking Drive DISTRICT 6 - BEACH 8. Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget: a. $3,500 re: City's Radiological Preparedness Program b. $15,000 re: medically friendly shelter exercise c. $19,000 re: Community Emergency Response Team (CERT) 9. Ordinance to ACCEPT and APPROPRIATE: a. Option I: $5,292,784 to CIP 7-041 re: Central Resort District Drainage Improvements b. Option 2: $5292,784 to CIP 7-028 re: Windsor Woods Drainage — (REQUESTED BY ALL COUNCIL MEMBERS) [ ocilift, CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend Sections 2-121 and 2-123 of the City Code Pertaining to the Deferred Compensation Plan (2) A Resolution to Adopt the Commonwealth of Virginia 457 Deferred Compensation Plan (3) A Resolution to Adopt the Virginia Cash Match Plan as the Successor to the Sheriff's Supplemental Retirement Plan MEETING DATE: February 6, 2018 ■ Background: The City of Virginia Beach offers a deferred compensation plan (the "City Plan") to its non-hybrid employees that is currently overseen by the Virginia Beach Deferred Compensation Board (the "Deferred Comp. Board"). The City Plan allows employees to invest compensation on either a pre-tax or Roth basis, and participation in the City Plan is at the discretion of the employee. Since the inception of the Virginia Hybrid Retirement Program in January 1, 2014, the City's Hybrid Employees participate in a deferred compensation plan that is overseen by the Virginia Retirement System ("VRS"). Since the adoption of Hybrid Plan, the number of employees available to participate in the City Plan has been limited to law enforcement and employees in VRS service prior to January 1, 2014. As the number of participants decreases, the cost burden of maintaining a separate deferred compensation plan is likely to increase on a per-head basis, and these costs are borne by plan participants. In conducting its due diligence and oversight function, the Deferred Comp. Board has reviewed the option to participate in the VRS-run Commonwealth of Virginia 457 Plan ("COV 457 Plan"). State law allows a political subdivision, such as the City, to enter into an agreement to participate in the COV 457 Plan. After roughly four months of intensive review, the Deferred Comp. Board forwarded a recommendation to transition the City Plan to the COV 457 Plan. • Considerations: The COV 457 Plan retains many of the popular components of the City Plan while distributing the costs of running such a plan over a larger number of participants. The COV 457 Plan includes target date funds and a stable value fund. The COV 457 Plan has roughly $3 billion under management (compared to $280 million in the City Plan), which allows the COV 457 Plan to offer lower fund fees. If approved, the transition is to be completed at the conclusion of the contract with the City's current record-keeper, which is set to end at the end in June. For employees and retirees, this transition does not require any action. However, the employees or retirees would be encouraged to take the opportunity to review investments and retirement planning. COV 457 Page 2 of 2 There are three related actions to complete the approval of the proposed transition: • First, there is an ordinance to amend the City Code to describe the role of the Deferred Comp. Board and the continuing obligation to monitor the COV 457 Plan to ensure that it serves the interests of plan participants. • Second, there is a resolution to adopt the COV 457 Plan, which includes approval of an Employer Adoption Agreement. This agreement has been reviewed, and it allows the City to withdraw from the COV 457 after three years, and after that initial three-year term, the City could withdraw with 30 days' notice. • Third, there is a resolution to adopt the Virginia Cash Match Plan, which is a 401(a) Plan, and it allows the transfer of existing balances in the Virginia Beach Sheriff Supplemental Retirement Plan (the "SSRP"). The SSRP is also a 401(a) Plan, and it was established in the 1990s as a tool to encourage retention among Sheriff Deputies. The transfer of assets from the SSRP to the Cash Match Plan should have no impact to Deputies' accounts, and much like the current system, the Deputy's employee-directed deferred compensation will go into the 457 Plan, whether it is the City Plan or the COV 457 Plan. The School Board has scheduled a similar action item to join the COV 457 Plan on its February 13, 2018 agenda. • Public Information: This item was briefed to a joint session of the City Council and the School Board on December 12, 2017. The Finance Department has worked closely with the Member Communications Office to offer outreach and communication briefings to employees and retirees, which has included six informational meetings with various stakeholders. Additionally, a separate webpage has been set-up to assist in dissemination of information to employees and retirees including posting information that was provided at the informational meetings. Public information also will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached ordinance and resolutions. • Attachments: Ordinance; Resolutions (2); Memo from Sheriff; 457 Employer Adoption Agreement; Virginia Cash Match Employer Adoption Agreement Recommended Action: Approval Submitting D: •• . nt1Ag= cy: Finance Department City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 2-121 AND 2 2-123 OF THE CITY CODE PERTAINING TO THE 3 DEFERRED COMPENSATION PLAN 4 5 Sections Amended: §§ 2-121 and 2-123 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 2-121 and 2-123 are hereby amended to the Code of the City of 11 Virginia Beach, Virginia to read as follows: 12 13 Sec. 2-121. - Plan established. 14 15 Pursuant to the Government Employees Deferred Compensation Plan Act, section 16 51.1-600 et seq. of the Code of Virginia, 1950, as amended, the city hereby adopts and 17 establishes a plan of deferred compensation for its employees dated the twenty-third day 18 of March, 1981. The purpose of the plan shall be to provide for the deferral of 19 compensation to the participants. The plan shall exist in addition to all other retirement, 20 pension or other benefit systems available to the participants, and shall not supersede, 21 make inoperative or reduce any benefits provided by any other retirement, pension or 22 benefit program established by law. 23 24 On behalf of the employer, the city manager is hereby authorized and directed to 25 execute and deliver the plan to the plan administrator. The plan shall contain such terms 26 and amendments as the city council may from time to time approve. The city-council-shall 29 30 Those employees participating in the hybrid retirement plan authorized by Code of 31 Virginia § 51.1-169 shall be directed to the Deferred Compensation Plan of the 32 Commonwealth of Virginia in lieu of the plan established above. 33 34 The City Council hereby authorizes the adoption of the Commonwealth of Virginia 35 457 Plan, managed by the Virginia Retirement System, as the City's Deferred 36 Compensation Plan subject to the periodic oversight and direction of the deferred 37 compensation board. 38 39 2-122. Board—Established. 40 41 There is hereby created a deferred compensation board, consisting of city 42 employees. The City Council hereby appoints the Director of Finance, the Director of 43 Human Resources, the Employee Relations Manager, and the Payroll Administrator to 44 the board. The City Council will appoint one (1) Councilmember and one (1) member 45 from the Sheriffs Office and three (3) members from Schools, one of which shall be the 46 Schools Chief Financial Officer and one of which shall be a School Board member. The 47 City Manager may appoint up to three (3) additional board members from the deferred 48 compensation plan participants. The board members appointed by the City Manager 49 shall serve terms of three years from the date of appointment. Notwithstanding the 50 previous sentence, all members of the deferred compensation board shall serve at the 51 pleasure of the City Council. The terms of the members of the deferred compensation 52 board shall not be limited by the restrictions of City Code § 2-3. 53 54 2-123. Same- Powers. 55 56 The deferred compensation board is hereby granted the power to do all things by 57 way of supervision, administration and implementation of a plan of deferred 58 compensation, including but not limited to the power to contract with private corporations 59 or institutions for service in connection therewith; however, nothing contained in this 60 section shall be construed to authorize the deferred compensation board to act beyond 61 the limits of the plan. Because the City Council has authorized the participation in the 62 Commonwealth of Virginia 457 Plan, the supervision of such plan by the board shall be 63 the regular review of the Commonwealth of Virginia 457 Plan to evaluate whether such 64 plan serves the interests of the plan participants. 65 66 • - • - - • :: -: : ' ' • - ' -770 1 The deferred compensation board shall serve as the local finance board for 72 purposes of Other Post-Employment Benefits ("OPEB") for the City. With the consent of 73 the School Board, as evidenced by its adopted resolution on November 1, 2011, the 74 deferred compensation board shall serve as the local finance board for OPEB on behalf 75 of Schools. In its capacity as local finance board, the deferred compensation board shall 76 administer the OPEB trust or other related investments in accordance with prudent 77 fiduciary standards. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPR RFD AS TO LEGAL SUFFICIENCY: a 6,t rr J i Finance Department ey'• Office CA14265 R-1 January 19, 2018 1 A RESOLUTION TO ADOPT THE COMMONWEALTH OF 2 VIRGINIA 457 DEFERRED COMPENSATION PLAN 3 4 WHEREAS, the City Council, the governing body of the City of Virginia Beach, 5 desires to adopt the Commonwealth of Virginia 457 Deferred Compensation Plan for their 6 employees as defined in the adoption agreement of the City of Virginia Beach (attached 7 hereto as Exhibit A); and 8 9 WHEREAS, the Commonwealth of Virginia 457 Deferred Compensation Plan, 10 which includes both Roth and Traditional options, is authorized by the Code of Virginia, § 11 51.1-600 et seq. and Internal Revenue Code § 457(b), and political subdivisions are 12 authorized to participate in such Plan by the Code of Virginia, § 51.1-603.1; 13 14 NOW, THEREFORE, BE IT RESOLVED, that the City of Virginia Beach hereby 15 approves the adoption of the Commonwealth of Virginia 457 Deferred Compensation Plan 16 for the employees of the City in accordance with the provisions of the Code of Virginia; 17 and 18 19 BE IT FURTHER RESOLVED, that the City staff is hereby directed to implement 20 the Commonwealth of Virginia 457 Deferred Compensation Plan at the earliest possible 21 date but no sooner than June 1, 2018 and the City Manager or his designee is authorized 22 and directed to enter into the adoption agreement between the City and the Virginia 23 Retirement System. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A 7 R" 14 ' y I' - , l L. ,- - Finance Department City A .rmy's Office CA14266 R-1 January 19, 2018 "EXHIBIT A" Virginia VIRGINIA RETIREMENT SYSTEM I;y0 Retirement P.O.Boa 2500 Richmond.VA 23218-2500 System Commonwealth of Virginia 457 Deferred Compensation Plan Employer Adoption Agreement for All Employees THIS AGREEMENT(the"Agreement"), executed this [insert date] day of , 20_, is by and between[insert Locality, School Division,or Other Political Subdivision] (the"Employer") and the Virginia Retirement System(the "Plan Sponsor") (hereinafter collectively referred to as the"Parties"). WITNESSETH WHEREAS,the Commonwealth of Virginia established the Commonwealth of Virginia 457 Deferred Compensation Plan (the"Plan") and the Master Trust for the Plan(the"Trust")pursuant to § 51.1-600 et seq. of the Code of Virginia, as amended, and Internal Revenue Code("IRC") § 457(b),including both Roth and Traditional options; and WHEREAS,pursuant to § 51.1-603.1 of the Code of Virginia, as amended,the Employer desires to enter into this Agreement with the Plan Sponsor to permit participation in the Plan by its eligible employees; and WHEREAS, the Employer is an "eligible employer" within the meaning of IRC § 457(e)(I)(A); and WHEREAS,pursuant to § 51.1-603.1(B)of the Code of Virginia, as amended, the Employer may establish and automatically enroll certain employees in the Plan upon hire; and WHEREAS, the Employer,by a resolution of its governing body,has directed its responsible official to enter into this Agreement; NOW,THEREFORE, in consideration of the premises herein, the Parties agree as follows: I) The Plan Sponsor and the Employer represent and warrant that each shall comply with all applicable laws and policy. 2) The Plan Sponsor represents to the Employer that the Plan Sponsor shall provide sufficient services to administer the Plan. 3) The Employer acknowledges and agrees to the terms and conditions established in the Trust and the Plan. 4) For purposes of the Employer's participation in the Plan, "employees" shall mean all"employees"as defined in § 51.1-600 of the Code of Virginia. VRS Resolution-«ECM DOC TYPE»(Rev.01/15) 1 Virginia VIRGINIA RETIREMENT SYSTEM Rirginia P.O.Pm 2500 Richmond.VA 23218-2500 System 5) The Employer shall permit the Plan Sponsor's third party administrator("TPA")to conduct group and individual meetings on the Employer's premises for the purpose of explaining the Plan or enrolling employees. 6) The Employer shall permit the Plan Sponsor and the TPA to communicate directly with eligible employees about plan information and enrollment. 7) The Employer shall remit contributions under the Plan to the TPA in accordance with procedures promulgated by the Plan Sponsor or the TPA. The Employer shall correctly report and withhold employees' wages in accordance with applicable laws and policy. 8) The Employer shall make the appropriate contributions(Including associated matching contributions to another plan, if applicable)required under Internal Revenue Service regulations and the Plan Sponsor procedures to correct any failure(i)to inform an employee of the opportunity to defer,(ii) to allow an employee to defer, or(iii)to implement automatic enrollment,reenrollment, or an election or election change by an employee. 9) Should the Employer offer its employees deferred compensation plans in addition to the Plan,then the Employer is responsible for monitoring all plans to ensure that no participants exceed the maximum deferral limits under IRC § 457. 10)If the Employer so desires, it may check the box below and sign the statement of acknowledgment to automatically enroll certain employees in the Plan in a manner prescribed by the Plan Sponsor, subject to an employee(i)commencing employment or reemployment on or after the first day of [insert month and year] but no sooner than the date established and confirmed by the Plan Sponsor, (ii)not participating in the Hybrid Retirement Plan described in § 51.1-169 of the Code of Virginia, and(iii)not having affirmatively elected to participate in the plan described in § 51.1-602 of the Code of Virginia or a 403(b)plan. If the Employer does not check the box and sign the statement of acknowledgment, then the Employer shall not automatically enroll its employees in the Plait ❑ By checking this box and signing this statement of acknowledgment,the Employer agrees to automatically enroll in the Plan in a manner prescribed by the Plan Sponsor, all employees who (i) commence employment or reemployment on or after the first day of[insert month and year] but no sooner than the date established and confirmed by the Plan Sponsor, (ii)do not participate in the Hybrid Retirement Plan described in § 51.1-169 of the Code of Virginia, and (iii)have not affirmatively elected to participate in the plan described in § 51.1-602 of the Code of Virginia or a 403(b)plan. Signature VRS Resolution-ELECDCP(Rev.09/17) 2 ligVirginia VIRGINIA RETIREMENT SYSTEM Retirement Richmond, Box 2500 Richmond,VA 232162500 System 11) If applicable, the Employer acknowledges it is solely the responsibility of the Employer to instruct the Plan Sponsor's TPA where to map assets from the Employer's existing plan to the available investments under the Plan.Neither the Plan Sponsor nor the Plan Sponsor's TPA will advise or recommend to the Employer how to map assets from the Employer's existing plan. 12)The Employer acknowledges asset transfers from an existing plan with the Employer into the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 13) The Employer acknowledges upon termination of this Agreement asset transfers out of the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 14) This Agreement may be amended from time to time only by written agreement between the Plan Sponsor and the Employer. 15) The term of this Agreement shall be for at least a three-year period beginning on the date of its execution and,thereafter,may be terminated by either party upon written notice to the other party, which termination shall become effective on a date established by the Plan Sponsor. VRS Resolution-ELECDCP(Rev.09/17) 3 Virginia VIRGINIA RETIREMENTSYSTEM Retirement P.O.Box 2500 Richmond.VA 2321152500 System IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed, intending to be bound thereby. Employer Virginia Retirement System By: By: Title: Title: Date: ,20 Date: ,20 VRS Resolution-ELECDCP(Rev.09/17) 4 1 A RESOLUTION TO ADOPT THE VIRGINIA CASH 2 MATCH PLAN AS THE SUCCESSOR TO THE 3 SHERIFF'S SUPPLEMENTAL RETIREMENT PLAN 4 5 WHEREAS, § 51.1-611 of the Code of Virginia permits political subdivisions of 6 the Commonwealth, on behalf of the employees who are qualified participants, to adopt 7 the Virginia Cash Match Plan administered by the Virginia Retirement System in 8 accordance with the provisions of Title 51.1, Chapter 6.1 (§§ 51.1-607 et seq.) of the 9 Code of Virginia; and 10 11 WHEREAS, § 51.1-609 of the Code of Virginia permits the governing body of a 12 political subdivision to establish the amount of contributions made on behalf of eligible 13 employees; and 14 15 WHEREAS, for purposes of this action, "eligible employees" shall mean the 16 employees of Virginia Beach Sheriffs Office; and 17 18 WHEREAS, at the same meeting as this resolution is being presented, the 19 governing body of the City of Virginia Beach will be presented with the opportunity to 20 approve participation in the Commonwealth of Virginia 457 Deferred Compensation 21 Plan (the "457 Plan") administered by VRS in accordance with the provisions of Title 22 51.1, Chapter 6 (§§ 51.1-600 et seq.) of the Code of Virginia; and 23 24 WHEREAS, the City of Virginia Beach now wishes to approve the participation by 25 "eligible employees" in the Cash Match Plan and to establish the amount of contribution 26 made on behalf of the "eligible employees." 27 28 NOW, THEREFORE, BE IT RESOLVED, that the City of Virginia Beach hereby 29 adopts the Cash Match Plan subject to the terms and conditions of such Cash Match 30 Plan; and 31 32 BE IT FURTHER RESOLVED, that the City of Virginia Beach will provide an 33 employer match as determined in the Employer Adoption Agreement between VRS and 34 the City of Virginia Beach, an unexecuted copy of such agreement is attached hereto as 35 Exhibit A; 36 37 BE IT FURTHER RESOLVED, that the City of Virginia Beach staff is hereby 38 directed to implement the Cash Match Plan effective on or about June 11, 2018 or as 39 soon as can be completed thereafter. 40 41 BE IT FURTHER RESOLVED, the employees of the City of Virginia Beach are 42 hereby authorized and directed in the name of the City to carry out the provisions of this 43 resolution, enter into an Employer Adoption Agreement with VRS, and pay such sums 44 as are due to be paid by the City for this purpose. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: We IL 1 �i Finance Department Cite I . s ifficet CA14271 R-1 January 25, 2018 Xs "EXHIBIT A" Virginia VIRGINIA RETIREMENT SYSTEM R.G.Box 2 V0 Retirement Richmond,.B VA 23218-2500 System Commonwealth of Virginia Cash Match Plan Employer Adoption Agreement THIS AGREEMENT (the "Agreement"), executed this day of ,20 , is by and between [insert Locality, School Division, or Other Political Subdivision] (the"Employer") and the Virginia Retirement System (the "Plan Sponsor")(hereinafter collectively referred to as the"Parties"). WITNESSETH WHEREAS,the Commonwealth of Virginia established the Virginia Cash Match Plan (the "Plan") pursuant to Title 51.1, Chapter 6.1 (§ 51.1-607 et seq.)of the Code of Virginia and Internal Revenue Code ("IRC") § 401(a) as applicable to governmental plans as defined in IRC§ 414(d); and WHEREAS,pursuant to § 51.1-611 of the Code of Virginia, the Employer desires to enter into this Agreement with the Plan Sponsor to permit participation in the Plan for its eligible employees; and WHEREAS, the Employer,by a resolution of its governing body,has directed its responsible official to enter into this Agreement; NOW, THEREFORE, in consideration of the premises herein,the Parties agree as follows: 1) The Plan Sponsor and the Employer represent and warrant that each shall comply with all applicable laws and policy. 2) The Plan Sponsor represents to the Employer that the Plan Sponsor shall provide sufficient services to administer the Plan. 3) The Employer acknowledges and agrees to the terms and conditions established in the Plan. 4) The Employer shall timely remit the correct contributions under the Plan to the Plan Sponsor's third party administrator("TPA")in accordance with procedures promulgated by the Plan Sponsor or the TPA. 5) The Employer shall be responsible for communicating the dollar or percentage amount of the Employer contribution to its eligible employees. 6) The Employer acknowledges that participation in the Plan is contingent upon its participation in the Commonwealth of Virginia 457 Deferred Compensation Plan administered by the Plan Sponsor. VRS Resolution-ELECCASH(Rev.12/17) 1 Vllglnl2 VIRGINIA RETIREMENT SYSTEM Retirement P.O.Box 2500 Richmond.VA 23218-2500 System 7) The Employer shall be responsible for ensuring that an eligible employee's aggregate contributions across all plans in which the employee may participate through the Employer are in compliance with federal laws and regulations. The Plan Sponsor or the TPA may assist the Employer in making this determination. 8) If applicable, the Employer acknowledges it is solely the responsibility of the Employer to instruct the Plan Sponsor's TPA where to map assets from the Employer's existing plan to the available investments under the Plan.Neither the Plan Sponsor nor the Plan Sponsor's TPA will advise or recommend to the Employer how to map assets from the Employer's existing plan. 9) The Employer acknowledges asset transfers from an existing plan with the Employer into the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 10)The Employer acknowledges upon termination of this Agreement asset transfers out of the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 11)This Agreement may be amended from time to time only by written agreement between the Plan Sponsor and the Employer. 12)This Agreement may be terminated by either party upon written notice to the other party, which termination shall become effective on a date established by the Plan Sponsor. 13)The Employer will provide to each eligible employee,as defined by the employer below or in an attachment,an employer match of[insert dollar amount or percent and maximum per pay period, or refer to attachment] If not described in an attachment, an eligible employee shall mean: VRS Resolution-ELECCASH(Rev.12/17) 2 • Virginia VIRGINIA RETIREMENT SYSTEM Ty) Retirement R.O.Box 2500 Richmond,VA 23218-2500 System IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, intending to be bound thereby: Employer Virginia Retirement System By: By: Title: Title: Date: , 20 Date: ,20_ VRS Resolution-ELECCASH(Rev.12/17) 3 OFFICE OF THE SHERIFF l . CITY OF VIRGINIA BEACH Memorandum To: Patti Phillips,Director of Finance� From: Kenneth W. Stolle, Sheriff/!V C< Date: January 25,2018 Subject: Transition of Deferred Compensation Administrator to VRS The City's Deferred Compensation Board(Board)has voted to transition the administration of the City's deferred compensation plans from Empower Retirement to the Virginia Retirement System(VRS),effective July 1,2018.My proxy on the Board,Aaron McCoy,has attended these transition meetings and informed me of the Board's decision. I am in agreement with the Board's decision to transition the administration of the plans to VRS. Cc: Dana Harmeyer,City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Reiterating Opposition to Offshore Oil and Gas Exploration and Seeking the Same Exemption Provided to the State of Florida MEETING DATE: February 6, 2018 • Background: In 2015, local business organizations and Council-appointed advisory agencies urged the City Council to oppose offshore oil and gas exploration, including the Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the Virginia Beach Restaurant Association. The Princess Anne Garden Club, the Virginia Beach Garden Club, the Sandbridge Civic League and the Resort Beach Civic League also expressed their opposition to offshore oil and gas exploration. These organizations oppose such exploration due to the vulnerability of the coast and beaches to catastrophes that could adversely impact the City's tourism industry for decades. The tourism industry is vital to the City's economic prosperity, accounting for $1.4 billion in annual tourism revenue, nearly 13,000 tourism-supported local jobs, and $55 million in tourism-related taxes Concerns also have been raised that offshore energy exploration could conflict with the Department of Defense's mission requirements, including expanded weapon and sensor footprints and operations in the Mid-Atlantic Planning Area that includes areas off of Virginia Beach's coastline. Also, almost 3,000 commercial fishermen work in Virginia and make significant contributions to the state and the City's economic vitality, and an offshore energy exploration catastrophe could devastate their industry. Based on these concerns, the City Council in June 2017 adopted a resolution opposing offshore oil and gas exploration, including seismic testing. Since then, the United States Secretary of the Interior has proposed opening nearly all United States coastline to offshore oil and gas drilling, but the Secretary recently promised to keep Florida "off the table" for offshore drilling. • Considerations: This resolution reiterates Council's opposition to offshore exploration and requests that the Secretary of the Interior extend to Virginia Beach the same protections that have been promised to Florida. The resolution also requests the assistance of Senators Kaine and Warner and Congressman Taylor. • Public Information: Will be provided through the normal agenda process. • Attachment: Resolution Requested by Councilmember Uhrin, Mayor Sessoms, Vice Mayor Jones, and Councilmembers Davenport, Dyer, Henley, Kane, Wilson and Wood REQUESTED BY COUNCILMEMBER UHRIN, MAYOR SESSOMS, VICE MAYOR JONES AND COUNCILMEMBERS DAVENPORT, DYER, HENLEY, KANE, WILSON AND WOOD A RESOLUTION REITERATING OPPOSITION TO OFFSHORE OIL AND GAS EXPLORATION AND SEEKING THE SAME EXEMPTION PROVIDED TO THE STATE OF FLORIDA 1 WHEREAS, in 2015, local business organizations and Council-appointed advisory 2 agencies urged the City Council to oppose offshore oil and gas exploration, including the 3 Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium 4 Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the 5 Virginia Beach Restaurant Association; and the Princess Anne Garden Club, the Virginia 6 Beach Garden Club, the Sandbridge Civic League and the Resort Beach Civic League 7 also expressed their opposition to offshore oil and gas exploration; 8 9 WHEREAS, these organizations oppose exploration offshore of the City's 10 coastline due to the vulnerability of the coast and beaches to catastrophes that could 11 adversely impact the City's tourism industry for decades; 12 13 WHEREAS, concerns also have been raised that offshore energy exploration 14 could conflict with the Department of Defense's mission requirements, including 15 expanded weapon and sensor footprints and operations in the Mid-Atlantic Planning Area 16 that includes areas off of Virginia Beach's coastline; 17 18 WHEREAS, the City highly values the United States Navy and other armed forces 19 that conduct activities off of the City's coastline; 20 21 WHEREAS, the tourism industry is vital to the City's economic prosperity, 22 accounting for $1.4 billion in annual tourism revenue, nearly 13,000 tourism-supported 23 local jobs, and $55 million in tourism-related taxes; 24 25 WHEREAS, almost three thousand commercial fishermen work in Virginia and 26 make significant contributions to the state and the City's economic vitality, and an offshore 27 energy exploration catastrophe could devastate their industry; 28 29 WHEREAS, for the good of all of our residents, the City of Virginia Beach must 30 continue to protect and build upon our status as one of the East Coast's premier resort 31 cities and a highly valued partner with the Navy; 32 33 WHEREAS, the speculative benefit of oil and gas exploration and drilling is not 34 worth the risk of a Deepwater Horizon-type incident that could cripple the City's economy 35 for decades; 36 37 WHEREAS, based on these concerns, the City Council in June 2017 adopted a 38 resolution opposing offshore oil and gas exploration, including seismic testing; 39 40 WHEREAS, the United States Secretary of the Interior has proposed opening 41 nearly all United States coastline to offshore oil and gas drilling, but the Secretary recently 42 promised to keep Florida "off the table" for offshore drilling. 43 44 WHEREAS, the City Council seeks the same protections for Virginia Beach's 45 coastline, for all of the reasons listed above. 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, THAT: 49 50 The City Council hereby reiterates its strong opposition to offshore oil and gas 51 exploration, including seismic testing, off of the City's pristine coastline; 52 53 The City Council formally requests that the Secretary of the Interior extend to 54 Virginia Beach and its residents the same protections and exemption that have been 55 promised to the Governor and residents of Florida; and 56 57 The City Council respectfully requests the assistance of United States Senators 58 Kaine and Warner, as well as Congressman Taylor, in securing these essential 59 protections for Virginia's coastline and its residents. Adopted by the Council of the City of Virginia Beach this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: �Dep City AR rick R. Ingram City Attorney's Office CA14267 R-3 January 25, 2018 [ 04612 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance approving the sale of School Board property located at 273 North Witchduck Road and allowing the School Board to retain the sale proceeds MEETING DATE: February 6, 2018 • Background: The School Board of the City of Virginia Beach (the "School Board") owns approximately 10.6 +/- acres of real property located at 273 North Witchduck Road (GPIN 1467-75-8675) (the "Property"). Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body, and after the school board has held a public hearing on such sale and retention of proceeds. The School Board held a public hearing and declared the Property as surplus on December 19, 2017, and agreed to sell the Property to Franklin Johnston Group Management & Development, LLC ("Franklin Johnston") for $4,500,000 by Resolution adopted on January 23, 2018, subject to City Council's approval. • Considerations: The School Board Resolution provides that the proceeds of the sale be allocated to the School Board's capital improvement program. City staff is of the opinion that the City does not have a current need for the Property and is in agreement with sale to Franklin Johnston for the proposed development as a residential apartment complex. The Planning Commission has reviewed the rezoning application and its recommendation to the City Council will be considered at the same meeting as the approval of the sale. • Public Information: The School Board held a public hearing on December 19, 2017 after advertising the hearing in the Virginian-Pilot to take public comment on the proposed sale of the Property to Franklin Johnson and retention of the proceeds therefrom. There were no speakers. The actions to be taken by City Council to approve the sale and retention of the proceeds will be handled through the normal agenda process. • Recommendations: Approve the sale of the Property to Franklin Johnston and allow the School Board to retain the proceeds therefrom. • Attachments: Disclosure, Ordinance, Location Map, School Board Resolution Recommended Action: Adoption of Ordinance pp� Submitting De !ency: Economic Developmept ki City Manager: r_ I�iirjQ , 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY LOCATED AT 273 3 NORTH WITCHDUCK ROAD AND ALLOWING THE 4 SCHOOL BOARD TO RETAIN THE SALE 5 PROCEEDS 6 7 WHEREAS, The School Board of the City of Virginia Beach, (the "School Board") 8 owns approximately 10.6 +/- acres of real property located at 273 North Witchduck 9 Road (GPIN 1467-75-8675) (the "Property"); 10 11 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property 12 for which the school board has no future use and to retain the proceeds of such sale 13 upon approval of the local governing body after the school board has held a public 14 hearing on such sale and retention of proceeds; 15 16 WHEREAS, the School Board held a public hearing on December 19, 2017 to 17 take public comment on the proposed sale of the Property to Franklin Johnston Group 18 Management & Development, LLC ("Franklin Johnston") and the School Board's 19 retention of the proceeds therefrom; 20 21 WHEREAS, the School Board adopted a Resolution on January 23, 2018 finding 22 no further use for the Property, determining that the Property may be sold, agreeing to 23 sell the Property to Franklin Johnston, and intending to retain the proceeds of the sale; 24 and 25 26 WHEREAS, the School Board has agreed to convey the Property to Franklin 27 Johnston for$4,500,000, subject to City Council approval. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the sale of the Property to Franklin Johnston described in the School 33 Board's January 23, 2018 Resolution is hereby approved and the School Board may 34 retain all of the proceeds of the sale. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2018. PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &aGGUl2r r2 conomic Development City Attorney CA14031 R-1 February 6, 2018 t(&,? , VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M. Anderson, Chair Joel A. McDonald, Vice Chair At-Large District 3— Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2 — Kempsville District 6— Beach At-Large Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At-Large At-Large District 7— Princess Anne Trenace B. Riggs Carolyn T. Rye Carolyn D. Weems District 1 —Centerville District 5 - Lynnhaven District 4 - Bayside Aaron C. Spence, Ed.D., Superintendent RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY LOCATED AT 273 NORTH WITCHDUCK ROAD WHEREAS,the School Board of the City of Virginia Beach(the"School Board")is the owner of a vacant parcel of land consisting of approximately 10.69 acres,located at 273 North Witchduck Road (GPIN 1467-75-8675)(the"School Board Property'); WHEREAS, Franklin Johnston Group Management& Development,LIC("Franklin Johnston")has offered to purchase the School Board Property and has proposed development of a residential apartment complex(the"Project"); WHEREAS,Virginia Code§22.1-129 allows the School Board to sell real property that it determines it has no future use for,and the School Board has held a public hearing on December 19, 2017 to take public comment on the proposed sale of the School Board Property to Franklin Johnston and retention of the proceeds therefrom;and WHEREAS,due to the determination that the School Board Property is no longer needed to for educational purposes, and the expected benefits that will be derived from this Project for the citizens of Virginia Beach,the School Board is of the opinion that sale of the School Board Property to Franklin Johnston would be a benefit to all parties NOW THEREFORE BE IT RESOLVED that: 1. In accordance with Virginia Code§22.1-129,the School Board finds that it does not have further use for the School Board Property located at 273 North Witchduck Road,GPIN 1467-75-8675 and determines that it should be declared surplus and may be sold. 2 Total amount of compensation to be paid to School Board by Franklin Johnston for this acquisition 654,500,000. 500,000. 3. Should the City Council of Virginia Beach authorize the School Board to retain the proceeds from the sale,the funds shall be allocated towards the School Board's capital improvement program. 4- Additionally,the School Board authorizes the Chair or her designee to execute any and all documents desired and necessary to complete the above-referenced transaction. Adopted by the School Board of the City of Virginia each this 23rd day of uary 2018 Beverly M.A rson, chool Board Chair ATTEST: VG PS-..-el-tA., Dianne P.Alexander,Clerk of the School Board Viii Students First •Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 www.vbschools corn 1 ` F 1 i a ,y �... 1, li-,' '' 4 .'''';:-:'.11 ' 4.4 i iir r'''' Ac VIRGINIA BEACH BLVD _ , j r • * t . • e me6 +li , ,rte �' � { 1 !ff • iiirwiri : 4/1 0- V O .1 •w CZ \ 1. Y JL- 0 I Ci UIR cn (13 = ' 1 NAC s111 ia' WM -ft U an Ci. _ 7:11) 1 14 f- �_I , Illi N Ir.-1 .74,101f- 1�Ib tri - 4 A f t , I s 1 4._ ---- -—U Rve I a' -1 . `�lLik „. ,...--1.--*-f:Pt. • . . , Disclosure Statement Wglob and, APPLICANT'S NAME Froman Johnston crow Menagemem it Dnwoprne.,El car 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 Coundl or a board, commission, or other body appointed by the City CounciL Such applications and matters Include, but are not limited to,the followln¢ Acgldsiden of property ' Disposition of City Modification of by Oty Property Conditions or hollers Aloirrutlw Economic Development tlurrtomurming Use Compliant.,Special Inraatment program Charges ExupWnbr (EDIFl_.._ . _,_—......-. ._.._. __ Board of inning -- Encroachment Request Rezoning Appals . I Certificate of Floodplain Variance I I Appropriateness -- 1 Street Clown (mark Review bard Franchise Agreamem Chesapeake by r __._ I 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 USF ONLY/AII diScleSuret must hMist he updated two(1)Wiek5 priorto any Page I at 7 rbJn Commission nd CCouncil_atiettin That vrta_Ins,O 0114 . ion19.- j APPLICANT NOTIFHDATE O OF NEARING tLI8 it d I NO CHANGES AS OF DATE Ia/aci 1 -. Itni1$ .0 REVISIONS SUBMITTED DATE riNB Nrgin6 leech 0 Check here If the APPLICANT IS NOT a corporation. partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANL/S a corporation, partnership,firm, business, or other unincorporated organization. (A) List the Applicant's nanle_noon See atladled. _ H an LLC,list all member's names: Please see attached. If a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below (Attach(Ist If necessary) IR) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) Please sea atladied. See next page for Information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 on/P if n any miner le dNuns fiwn As.Aaa, ® Check here If the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 0 Check here if the PROPERTY OWNER j5 a corporation,partnership,firm, business,or other unincorporated organization,ANO TNEN.complete the following. (A) List the Property Owner's name:School BONO of the CRY of Veght bc.d, Han LLC,list the member's names:N/A Page 2 oft Yhpel.Ibrh If a Corporation,list the names ofall officers,directors,members,trustees, etc.below (Attach list If necessary) WA (8) List the businesses that haw a parent subsidiary I or affiliated busMess entity 2 relationship with the Property Owner. (Attach list If necessary) N/A 'PvemeubldW relationship'means 'a nations,*that exists when one corporation damy or Mdhetdy owns shares possessing more than 50 percent of the voting poser of another corpuratlenr Ste State and Local fmnnnem Conflict of Interests Ad.*. Code S 2.2-3101. 'Affiliated business entity mWbnshlp' means 'a reabmhip, other than peemauhaldary relatable.that eats weal 0)one business emay has a controlling wmenmp Interest In the mbar bualneu may.01)a coreolllag mar In one*may Is Nap a wnnMng owner M the other entity.or 0111 there Is shared management or corer beam the business rentals. Futon that should be convened in detemprnp the Science of an scolded balms,entity relationship Include that the sawn penprn or suaeaineay the same penal own or menage the ea entitles;there am common or commingled funds or seen;the business entitles share the are of the,cont cams or air Io es Or Steam sham sodas, resources or personnel on a regular basis; or then Is mhe note a time working relationship batmen the mems.'Su State end Loa Gommmnnt Connie of Immesh Mt. Va.Cede b 22-3101. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided In connection with the suMPn of the appll_O_D or - r t, . If the answer to any Item is YES, please Identify the firm or Individual providing the sella: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION SEPARATELY Page 3 of 7 143. APPLICANT YES NO L SERVICE —I I PROVIDER en mower waren fl 0 ® Accounting and/or prepare,M Your tax nnum - 0 ❑ 'Architect'Architecta /landscape Snta/ Cmc IDena a Conneny.P.c. -- - land Planner ❑ ® Contract hardener IN WM+rhen ander y n ssservicee ntify �r providers My mbar pending er proposed ❑ /-/ perdrase,of the subject property W.mvy purthaseits)and gunmen mMca providers) [3 Construction Contractors Matinees/Surwpn/Agents NaasI16 Polars,P.C. Mitencing(Wade current El ® misname hollers W lenders selected or being considered to provide fbandm for acquleltyn or cam action of ba properly) rTgimiddenueriW ® ❑ Legal Services 1-Real Estate Brokers/ — Manner _. ® 1-1 Agents/Realtors for current and antldpated future sales of the ser Jta property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee ofria Ory of Virginia Beath jive an Interest In the subject 1pud or any proposed development® L_.1 ccaminpent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the Interest? Bob ThorntoSPlaminp CommIeslbner Is the Applicants Reel Estate Broker Page of 7 ' J nrpinia Bead, CERTIFICATION; I certify that all of the Information contained In this Disclosure Statement Form Is complete.true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap Ikatbn! F.y tl;. Wlon� h• .,ra 1__ f ! NolenAl J61ry c ton a/ ✓� NATURE I 7lMINT NAME ale•teay I DATE et;flee 3 Page Sof) OWNER vednre.m YES NO I SERVICE , PROVIDER bwtleaMnu show if neeaeel _ l ❑ ® Accounting ad/or preprer of your ax rain ❑ ® Architect/Wdscap Architect/ Land Panner Catania Pwdaset fl ❑ ® lbad -_ i-Identify purchaser' and purchaser*service providers Arty other peens a ProPosed ❑ ® pdeen*purrcof�rtablea d near purchaser's sella providers) I ❑ ® Canwuctbn Wlitracron ❑ ® ?!*tears/Surveyors/Pants _.. Financing(Iodide current mortgage holders and leaders ❑ �� sainted or being considered to provide or amide. of the prapatyreorp tor ) ❑ ® Legal%rvbs_.. Mal Ease Broken/.._-. ❑ ® anticipated future eSu of the su je 2mpert1'... SECTION 4.KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Dna an saior ernectlan of the Cllr of ed Beach have an Interest in the subject land public al proposed development ❑ ® rnntlnpent on the subject wbRk amaa? If yes,what Is the name of the official or employee and what Is the nature of the Interest? Page 6 of 7 • fER71FICAT ON: I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notlfl tion that the application has been eduled for public hearing, I am responsible for updating the Information • Med I. n two wanks prior to the Planning Commission, Council,VIDA g 4. Ing of any publk body or committee In commctlon with this P14/ +44110, 11_10.17 •j, '- atuu __. nwnauae uhfa 1111 Page]of 7 Conditional Re-Ionian AnnDeaden of Franklin Johnston Group Management& Development,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors, members, trustees,partners,etc.,below: Applicant's Name:Franklin Johnston Group Management&Development,LLC 2. Manaeers of Franklin Johnston Group Management @ Development,LW: a. Wendell C.Franklin b. W.Taylor Franklin c. Thomas M.Johnston 3. Members of Franklin Johnston Group Manaeement&Development LLC: a. Beach One,LLC b. Stephen W.Cooper c. M.David Jester d. Johnston Family Group,LLC e. Cherie James f Chris McKee (B)List the businesses that haves parent-subsidiary or affiliated business entity relationship with the Applicant: a. F&1 Developers,LW b. Shorehaven Developers,LLC c. Pickett Farms Developers,LLC d. GreenPlain Properties,LW e. Aquia Apts.,LLC f. Aquia GP,LLC g. Aquie Developers,LLC h. Kellingwood Apartments,LLC i. Franklin Johnston Associates,LW j. Southern Pine One,LW k. Quill Developers,LLC I. South Riding Apts LP at South Riding GP,LIZ n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts.LP q. BelleHarbour GP,LW r. Fountain Park Apts LP s. Fountain Park GP,LLC t. Summerland Heights IH LP u. Summerland Heights III GP,LLC v. South Riding BLP w. South Riding B GP,LLC x. SLN 5100 LP y. SLN 5100 GP,LLC/Heritage Forrest II GP,LI.0 z. I Square Apartments LP aa. I Square Apts.,LP bb. Edward Strut LLC cc. Twin Branch LI' dd. Twin Branch GP,LLC ee. Dunlop Farms LLC B. Belleville Seniors Apts LP gg. Belleville Seniors OP,LI.0 hh. Pickett Fanns Apts LP ii. Pickett Farms GP,LLC/Quill GP,LLC ii. River House Apts LLC kk. River House Apts.,LLC II. Sea Pines LP mm. Sca Pines GP,LLC m�. Shorehaven Apts LP co. Shorehaven GP,LLC pp. Somerset Apts LP qq. Somerset GP,LLC rr. Heritage Hampton LP ss. Chippenham Apts LP tl. Chippenham GP,LLC uu. Southwind Apts LP vv. Southwind GP,LLC ww. Spring Water,LLC tc, Summerland Heights LP yy. Summerland Heights GP,LLC zz. Tanglewood Like Apts LLC aaa, Whispering Oaks Apts LP bbh. Whispering Oaks GP,LLC ccc. Woodberry Forest Apts LLC ddd. Price Pond,LLC me. TFJO Price Street Apts.1,LP IB. TFJG Price Street GP I,LLC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring property located at 2305 Indian Hill Road and a permanent utility easement encumbering the adjacent lot to be in excess of the City's needs and authorizing the City Manager to convey the property to Sylvia Thomas Clark and to vacate the easement MEETING DATE: February 6, 2018 • Background: Sylvia Thomas Clark ("Clark") owns property located at 4208 Ben Gunn Road (1479-99-5048) and the adjacent lot (GPIN 1479-99-4093). In 1973, she dedicated 2,360 square feet of property known as 2305 Indian Hill Road to the City for the Baylake Pines Pump Station (the "Property"). She additionally conveyed a public utility easement (the "Easement") to serve the pump station across her adjacent lot. In exchange, the City waived connection fees. The pump station design was later changed and neither the site nor the Easement was ever utilized. Clark has asked that the Property be conveyed back to her and that the Easement be vacated. Public Utilities has confirmed that the Property and Easement are not needed and recommends that they be declared excess and returned to Clark. • Considerations: Clark has agreed to bear the costs of a resubdivision to incorporate the Property with 4208 Ben Gunn Road and to vacate interior lot lines as a condition of the conveyance. • Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. The public hearing was held on January 16, 2018. • Alternatives: Retain ownership of the Property and the Easement. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property and the Easement. • Attachments: Ordinance, Disclosure Statement, and Location Map Recommended Action: Approval of the Ordinance Submitting Des- - .t/Agency: Public Works City Manager: P•1/4 1 AN ORDINANCE DECLARING 2 PROPERTY LOCATED AT 2305 3 INDIAN HILL ROAD AND A 4 PERMANENT UTILITY EASEMENT s ENCUMBERING THE ADJACENT LOT 6 TO BE IN EXCESS OF THE CITY'S 7 NEEDS AND AUTHORIZING THE CITY 8 MANAGER TO CONVEY THE 9 PROPERTY TO SYLVIA THOMAS 10 CLARK AND TO VACATE THE 11 EASEMENT 12 13 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 14 parcel of land located at 2305 Indian Hill Road (GPIN 1479-99-5048) (the "Property') is and holds a public utility easement encumbering the adjacent parcel (GPIN 1479-99- 16 4093) (the "Easement"), more particularly described on Exhibit "A" attached hereto; 17 18 WHEREAS, the Property and Easement were originally dedicated to the City by 19 Sylvia Thomas Clark ("Clark") in 1973 for the purpose of building a pump station; 20 21 WHEREAS, the pump station was never constructed and the Department of 22 Public Utilities has confirmed that there is no public need for the Property or the 23 Easement; 24 25 WHEREAS, Clark has requested that the City convey the Property back to her 26 conditioned upon its resubdivision into her adjacent property and that the City vacate 27 the Easement; and 28 29 WHEREAS, the City Council is of the opinion that the Property and Easement 30 are in excess of the needs of the City of Virginia Beach and should be returned to Clark. 31 32 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the Property and the Easement are hereby declared to be in excess of the 36 needs of the City of Virginia Beach and that the City Manager is hereby authorized to 37 execute any documents necessary to reconvey the Property to Clark and to vacate the 38 City's interest in the Easement, conditioned upon her resubdivision of the Property into 39 her adjacent property, and such other terms, conditions or modifications as may be 40 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 41 42 This ordinance shall be effective from the date of its adoption. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2018. CA14026 R-1 PREPARED: 1/3/18 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATE CI Y TIRNEY is ?CV, EXHIBIT "A" GPIN: 1479-99-5048 ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered and designated as "PUMP STATION SITE 0.42 AC." and further designated and described as "PROPERTY TO BE ACQUIRED IN FEE BY THE CITY OF VIRGINIA BEACH," as shown on that certain plat entitled: "PLAT OF PARCEL 'B' AND PART OF LOT 3 SUBDIVISION NO. 2 AND RE- SUBDIVISION OF PARCEL 'C' SUBDIVISION NO. 1 BAY LAKE PINES BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SHOWING PROPERTY TO BE ACQUIRED FOR PUMP STATION SITE AND EASEMENTS," Scale: 1" = 50', dated March 29, 1973, prepared by Baldwin and Gregg, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 100, at page 9. IT BEING the same property conveyed to the City of Virginia Beach by Deed of Dedication from Stanley Davis Clark and Sylvia Thomas Clark, dated July 5, 1973 and recorded in the aforesaid Clerk's Office in Deed Bok 1387, at page 340. EASEMENT ON, OVER AND ACROSS GPIN: 1479-99-4093 TO BE VACATED: ALL THAT certain permanent right and utility easement, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered and designated as "PERMANENT UTILITY EASEMENT" as shown on that certain plat entitled: "PLAT OF PARCEL 'B' AND PART OF LOT 3 SUBDIVISION NO. 2 AND RE- SUBDIVISION OF PARCEL 'C' SUBDIVISION NO. 1 BAY LAKE PINES BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SHOWING PROPERTY TO BE ACQUIRED FOR PUMP STATION SITE AND EASEMENTS," Scale: 1" = 50', dated March 29, 1973, prepared by Baldwin and Gregg, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 100, at page 9. IT BEING the same property conveyed to the City of Virginia Beach by Deed of Dedication from Stanley Davis Clark and Sylvia Thomas Clark, dated July 5, 1973 and recorded in the aforesaid Clerk's Office in Deed Bok 1387, at page 340. 1&:•; Vrginia Beach APPLICANT'S NAME S //j/z t Oar lc. 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 F Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE r FOR CITY USE ONLY/All cisclosures lust be updated two(2) weeks pr or to ani Page 1 of i Planning Commission and City Cog icil meet nq that pertains to the appy.cationt!). APPLICANT NOTIFIED OF HEARING DATE NO CHANCES AS OF DATE. `—�_ REVISIONS SUBMITTED DATE Virginia Beach © Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesi and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach It a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (Li) List the businesses that have a parent-subsidiary I 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§ 22-3101. 2 "Affiliated business entity relationship' means "a relationship, other than ary relationship, that exists when (i) one business entity has a controlling ownership interestrinsthe sother business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virgin YES I NO SERVICE I PROVIDER (use additional sheets If I needed) J n IX Accounting and/or preparer of your tax return 0 n Architect/Landscape Architect/ Land Planner f� Contract Purchaser(if other than I I IZ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xi purchaser of the subject property ./�. (identify purchaser(s)and � purchaser's service providers) f I I R Construction Contractors 0 IX Engineers/Surveyors/Agents • Financing (include current gLi mortgage holders and lenders // uL - /2a_/ selected or being considered to / provide financing for acquisition (7(14 Z,7,--7/672.--' Imo/ or construction of the property) / IZ Legal Services Th a/laid ZnniS J� Real Estate Brokers / 0 O Agents/Realtors for current and anticipated future sales of the subject property 4_ -r_.vss--_n „----=-a. —an i.- ----_ __ __ __ ___ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ zi 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 OWNER Virginia Beach rI YES NO SERVICE I PROVIDER(use additional sheets if l needed) ❑ RI Accounting and/or preparer of your tax return ❑ N Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ A the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed fpurchaser of the subject property (identify purchaser(s)and ❑ purchaser's service providers) © Construction Contractors ❑ N Engineers/Surveyors/Agents Financing(include current fl � mortgage holders and lenders l I I/VI selected or being considered to provide financing for acquisition or construction of the property) ❑ RI Legal Services Real Estate Brokers / ❑ A 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 ri an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 V J 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. ' _ f Sylvia T Clark C n��. Y 12129/201£ PRO TY OWNER'S SIGNATURE i PRINT NAME DATE Page 7 of 7 4 // 0 0 z _� O 0 t r i Q" W G d 37 1:0 .— W C3 i > V v _-----\___), rcL W 6 ccr O4i �bj 4 ? -� �1 tQ gr li0LF a 4 0 y ��be � ~�w � � a = aN g p 4c D ww .� OaQ W o > D w4 ,_ m ._;, ` 2 J u - �_ W , , OW 1— Z o _-/ 0 a C v 7) 4r Alt 4 Al#4IF ��, vwv�(4\\r ail `, 4, o T7 CiAlp :04 j� 4, ---,7 4 <-,75 4,./_ , ''' ''')- 7-„,,,,, .4, _, . 7rc:), OO < d op' O o ( ?' . ), cc O �� . _fir o s � 4* :1 <c, 14 f rR 1i Q 5 N I* r,j411i f�5V15 p, N N * i p 01,t,_- m' :._, �J ►RE 1S� F. '� g -alaillik Pt iiilli - Lii TREP � 1 cofl 41p w o 1-' a `;� a w fl I CL Lij ' .r Ce S = U U a 0 g 4: 6 6N/ ,77,, _/,. . 4 g h ' /I 5 /' /) ,_ [ (tii,6 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of an Existing City Right-of-Way Known as Viking Drive Located at the Front of 536 Viking Drive MEETING DATE: February 6, 2018 • Background: Stihl, Incorporated, a Delaware corporation (the "Applicant") has requested permission to construct, install and maintain a vehicle drop-off and pick-up shelter for use by their handicapped employees and members of the public. The shelter would consist of an 11.48' x 8.86' canopy shelter, a 2.5'diameter footing, a 2' x 6.6' bench, a 2' square trash can, a concrete walk and a concrete pad, as shown on Exhibit "A" attached to the Ordinance (the "Encroachments") adjacent to its property located at 536 Viking Drive. The Encroachments would extend 22.86' into the City's right-of-way known as Viking Drive, for a distance of 25.48'. All of the right-of-way to be used for this use was recently dedicated by the Applicant for this purpose. The right-of-way area shown in red on the location map was the area dedicated to the City for right-of-way. • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same; subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Location Map, Picture, Disclosure Statement, Agreement, Ordinance and Exhibit Recommended Action: Approval of the ordinance. / Submitting D: ,ency: Public Works/Real Estate IV City Manager. y 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF AN EXISTING CITY 6 RIGHT OF WAY KNOWN AS VIKING 7 DRIVE LOCATED AT THE FRONT OF 8 536 VIKING DRIVE 9 10 11 WHEREAS, Stihl, Incorporated, a Delaware corporation, desires to construct, 12 install and maintain an 11.48' x 8.86' canopy shelter, a 2.5'diameter footing, a 2' x 6.6' 13 bench, a 2' square trash can, a concrete walk and a concrete pad as shown on Exhibit"A" 14 (the "Encroachments") adjacent to its property located at 536 Viking Drive. The 15 Encroachments would extend 22.86' into the City's right-of-way known as Viking Drive, for 16 a distance of 25.48'; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stihl, Incorporated, its assigns 27 and successors in title are authorized to construct, install and maintain an 11.48' x 8.86' 28 canopy shelter, a 2.5'diameter footing, a 2'x 6.6' bench, a 2'square trash can, a concrete 29 walk and a concrete pad as shown on Exhibit"A" in the City's right-of-way as shown on the 30 map entitled: "SHEET TITLE: ENCROACHMENT EXHIBIT, PROJECT: STIHL 31 INCORPORATED ADMINISTRATION BUILDING REPLACEMENT VIRGINIA BEACH, 32 VIRGINIA,"dated 10/31/17 and prepared by Hoggard-Eure Associates, a copy of which is 33 attached hereto as Exhibit"A", and on file in the Department of Public Works and to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED,that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the Agreement between the City of 38 Virginia Beach and Stihl, Incorporated, (the "Agreement"), an unexecuted copy of which 39 has been presented to the Council in its agenda, and will be recorded among the records 40 of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Stihl, Incorporated, and the City Manager or his authorized designee execute 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 201_. CA14027 R-1 PREPARED: 12/11/17 \\vtgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d005\p026\00437720.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: BkiCtSt - P BLIC WORKS, REAL ESTATE A R. A MEYER I— SENIOR CITY ATTORNEY 2 "EXHIBIT A" 9-STY. BLDG. BLDG. 532 C,- 'CI-1-1—jt; .6 ,o _ :\. 'II r , - 10'VEPCO&C&P -----A........... /........ . TELEPHONE EASEMENT M.B. 114,PG. 14 P.B. 187, PGS. 17-20 RNVE 12 195 ,728.03 °16'53"W RNV 10'UTILITY EASEMENT N10 _ -- M.B. 114,PG. 14 P.B. 187, 13.48' N06°1635. PGS.17-20 r T4.91' 74 ' 20111111011111° .19' , RPAI 57.E Ems R=1,113.01 ARC=61.05' j REFER TO - . L SHEET 2J VIKING DRIVE R/W IV ST," r1 f� W f10,` cC0 RNV \ct `► !► U-I GBS ITU,: 0 KY Ok` Z w Q 590 OST 0 50 100 GRAPHIC SCALE SHEET TITLE: Hoggard-Eure ENCROACHMENT EXHIBIT Associates (41,11 c��enciatPROJECT:1°n0•Can,nudan Surveyanp"M°"�•`�""a ''''''°`° STIHL INCORPORATED901 PortCentre Parkway, Suite 5ADMINISTRATION BUILDING REPLACEMENT Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)484-9670 PROD. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=50' SHEET: 1 OF 5 1-STY.BLDG. 532 VIKING DR. I • a \_- --EU -.._ .:1 _____ cn c N- o 1.00 1.06 11.48 q CANOPY SHELTER R/W it Wrid�.�x: - 'l r.:► 71 RAA/ co iiii-aAil.00 I :- R/W i i ti CONC. LONG WALK CONC WALK ■ In 6 0 DOS CG-6 00 WIPE DOWN 13.48 VEti16LEORF&P1GK VIKING DRIVE NBL ___ SBL R/W 0 20 40 GRAPHIC SCALE SHEET TITLE: 14; HAssocia esfe ENCROACHMENT EXHIBIT- IMPROVEMENTS + DIMENSIONS�E^o ^o PROJECT: "." "'nd"'"'""-- STIHL INCORPORATED 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT rip Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 2 OF 5 w 1-STY.BLDG. 1 532 VIKING DR. O • 1)-- \...------ _ • 1ST.1"WAR —___--- O W 1(EXIST.4"SEWER t 0 '•LOC•TED ', 1"TYPE'K'COPPER A ER MET & WATER LINE �J \ERBOX ,` i f —„ _ RELOCATED �f = O RNV - r. , ..T�, d) —r-- L coRELOCATE RNV ,n IGHT POLE N ---ID" - co o AN.SEW. _____________________ SCO ---ESS _ EXIST.8_ _► IIMMCO TO BE {1P SS--'- _5_61,1:._$_ " T.WATER RELOCATED - - METER&BOX TO EUP BE RELOCATED EUP- - PGWEB---- EUP— METER BOX J `— w — -— . _ 1"METER ' SERIAL NO. 95067593 EXIST. 1"WATER 14 r 1 —_ IIIII. EXIST.U/G POWER / W W k1 // VIKING DRIVE I 1 � .� ) E --- ---- - iallialL 10VM EW-- 1 EXIST.10"WTEAR MAIN EW 1111 I'Q R/W 0 ELEUC. ••D il\ CD, R/M=11.30 .C. i INV=6.40(36)(24) I - .22 Ia- 2 4.RCP Eso RIM=13.05 0 20 40 lNV=7.59 �-1 i-- i —POn GRAPHIC SCALE SHEET TITLE: I ; Hoggo Associates es a ENCROACHMENT EXHIBIT- UTILITIES PROJECT:a - n0•Cansv ^Sur eying ^ *'-'.""" "`" STIHL INCORPORATED 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT _ Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone: (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 3 OF 5 L '•-:. EXAMPLE SINGLE UNIT 2'-0" x7'-2" • 4t4.' t '0 SARAH BENCH s�mos __;� 7-0" Q. SUA''ZO1 - 1 LI1T:' BIN , mi • ' SHELTER FURNISHINGS PLAN PICTORIAL ILLUSTRATION I " , . , Ilk SINGLE SHELTER ONLY __ . I ate= ,41 I ' �- 'may ,11+.1 , 11.48 - �• -14111 - I = , _ k 3.12 1 i 8 rn METALCO SARAH BENCH - 4"CONC CONC FOOTING • FRONT ELEVATION ii- 11.48 1 IlL cyeliclioll 1 METALCO QUARZO LITTER BIN co c cci SHELTER GENERAL SPECIFICATION THE GPDUE SHELTER IS A BUS SHELTER COMPRISING OF A SERIES OF COVERS WITH DIFFERENT HEIGHTS AND SIZES, SHAPED AS AN INVERTED PYRAMID WITH A POWDER COATED STEEL STRUCTURE AND COATED WITH POWDER COATED STEEL SHEET.INSTALLATION PLATE PLAN VIEW WITH ANCHORS. METALCO GPDUE BUS SHELTER NTS SHEET TITLE: I4 Hoggard-Eure CANOPY SHELTER & FURNISHING DETAILS Associates PROJECT: - frl FM1p+nnnnq was.convocasena,-; °''' "'-"'''a -'"' STIHL INCORPORATED 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT _ Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=NTS SHEET: 4 OF 5 CL BUS CANOPY COLUMN AND CAISSON BUS CANOPY BY OTHERS BASE PLATE AND II i 7 ANCHORS BY OTHERS - CONT.3/4'CHAMFER LAXER MP.)TOP OFCAISSON CONCRETE PAD ELEVATION CONCRETE CAISSON STD.90°HOOKS ON 4 OUT r CL BUS CANOPY COMM AND CAISSON OF THE VERTICAL BARS, OTHER BARS SHALL .4 I TERMINATE 3'CLEAR FROM /4----NN.46:(16:' I I FROM TOP OF CAISSON l 6-#7VERTICAL II REINFORCING - to' g "I #4 TIES AT ink - ZY• � -0... a • !' •'� 'br , I Z-6'H . PLAN SECTION 3'CLR (TYP) i ,. STANDARD 90'HOOK 7-8"0 TYPICAL BUS STOP CANOPY COLUMN FOUNDATION DETAIL NOT TO SCALE METALCO GPDUE BUS SHELTER FOOTING NTS Ho and-Sure CANOPY SHELTER DETAIL Aociaes SHEET TITLE: PROJECT: °'u "°'''' STIHL INCORPORATED 901 PortCentre Parkway, suite 5 ADMINISTRATION BUILDING REPLACEMENT ce Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone, (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=NTS SHEET: 5 OF 5 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(0)(4) ,�}h /� THIS AGREEMENT, made this 1 I day of \ JC1A* , 201B, by and between the CITY OF VIRGINIA BEACH,VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STIHL INCORPORATED, a Delaware Corporation, authorized to do business in the Commonwealth of Virginia, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL Al-1" as shown on that certain plat entitled: "RESUBDIVISION OF PARCEL 'Al' (INST. 20120305000242770), AND PARCEL 10 (M.B. 114, PG. 14) PROPERTY OWNED BY STIHL, INCORPORATED VIRGINIA BEACH, VIRGINIA", prepared by Hoggard / Eure Associates, P.C, dated 12/13/17, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20171227001100140, and being further designated, known, and described as 536 Viking Drive, Virginia Beach, Virginia 23452; and WHEREAS, it is proposed by the Grantee to construct, install and maintain an 11.48' x 8.86' canopy shelter, a 2.5' diameter footing, a 2' x 6.6' bench, a 2' square trash can, a concrete walk and a concrete pad, as shown on Exhibit "A", GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) GPIN: 1496-56-8858- (536 Viking Drive) attached here to (collectively, the "Temporary Encroachment), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Viking Drive (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT PROJECT: STIHL INCORPORATED ADMINISTRATION BUILDING REPLACEMENT VIRGINIA BEACH, VIRGINIA", dated 10/31/17, prepared by Hoggard-Eure Associates, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the edge of the canopy is to be no closer than 10.5 from the existing sanitary sewer line and that the foundation is to be no closer than 16.25' from the existing sanitary sewer line. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. _ It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the 'Permit). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said STIHL INCORPORATED, a Delaware corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Bjoern H. Fischer, its Sole Director. Further, that the City of Virginia Beach 5 has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 STIHL INCORPORATED a Delaware corporation/ By11--;fY / (SEAL) H. Fischer, Sole Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: h /� The foregoing instrument was acknowledged before me this k day of )p-VIUCL✓t^ , 2011, by Bjoern H. Fischer, as its Sole Director of STIHL INCORPORATED, a Delaware corporation �\ 1 ^ 1 1 J�JC LO! EAL) Notary P MIPIr Notary Registration Number: ` \9139 `',,r,,,,,,"', My Commission Expires: i✓i 131 12oZ0 (�je��c „y o`•/ \ 1 W:q V,J, _ - - RA � 77 - Vero El?) Coilwatt121% 0 ,,,,,,- II/Carmen Egli'Ndv2oz APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIG\ATUR •• 4:�� 1f �BANA . H EYER/ SENIOR CI ATTORNEY DEPARTMENT 8 "EXHIBIT A" I- -- I �� I 1-STY. BLDG. ' , -- - BLDG. 532 -_ -- I i 1 1 1 I i Jy� -6/T4'.110'VEPCO&C&P ...... � � � 1................/0� , TELEPHONE EASEMENT M.B.114,PG.14 P.B. 187, 57 PGS.17-20 RAN I E ry17 1955 I 10'UTILITY EASEMENT N10°16'531W RJW 4 __- - 13.48' N06°16]5- __ M.B.114,PGS. 14 PB.17-20 187, RAN ^ T4.91' _ -- - — 26-5049AN �94 _ 74.19' _ 4 _ a - - SW 5144 — —[1i —T� T____ —_c R=1,113.01 ARC=61.05' _ -----7—==----=--cc--- REFER 1(1 _ L. _ SHEET z..l VIKING DRIVE Rtw16- ;/ems w > ir I R� � P, ( II it 1 °' i I a II 1 0 50 100 1—, _-_ _ 1, j'i !, GRAPHIC SCALE A r.�-a PROJE TITLE: Hg oaetesa ENCROACHMENT EXHIBIT PROJECTLW+ '. STIHL INCORPORATED C 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone: p67NM+-9€7O PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=50' SHEET: 1 OF 5 L 1-STY.BLDG. PH - X � 532 VIKING DR. 1 _ r \ 1 _ \ \-- EU _ _/ ‘0. -1.00 11 08-�7I 11 48 a Ir CANOPY SHELTER RAN ,6. - L`i N — y CONC. RA o y L r 6713.485WIPE —_____ - al- -— _ r�� GONG WALK _ ____________ ��NCto WALK fill p I — %/CG-6 WN WIPE _ DOWN _ __ — VEMCi�DR4743PF6�6K VIKING DRIVE "BL SBL ____-- RAN 0 20 40 GRAPHIC SCALE SHEET TITLE: H$%$adr-E sa ENCROACHMENT EXHIBIT-IMPROVEMENTS + DIMENSIONS - PROJECT: STIHL INCORPORATED 901 PortCentre Parkway, Suite ADMINISTRATION BUILDING REPLACEMENT \i Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 2 OF 5 I 1-STV.BLDG. L_\ _.\:, 1\_ Ibbl VIKING Dft. r I � �V1 \ _. �_.- 11 1 1 ''. 11 O 1� am__ _ EXIST.1"WATER I \, __-- ' W EXIST.4"SEWER t c Rk_OC ED 1"TYPE'K'COPPER yJTER p8 , _WATERLINE METER BO � -r.., G_ - ---- RELOCATEd--- .-4 I RIW I- y - -- , SCO ---� ESS - 1. 0., hI RELOCATE R/W - --I GHT POLE NI m of �' °-SAN SEW.__ r _ESS `. _..-- 1.--71.00 -�� E](1 SES---}- �' EOIiimi:AT ESS- r T.WATER RELOCATED /� METER&BOX TOi -EUP------ __ - - t /� BE RELOCATED __-4=EUP E61S�0__ Tip- - EUP----= METER BOX - — —EXIST-UG-POWER SERIAL 1_- - - --- - __--- - SERIAL NO. - - - 95067593 I c I EXIST. 1"WATER __-_ =_I ' EXIST.WG POWER II _-_--------- ---- 0. p,' to VIKING DRIVE li 1o"vvM_-EW--- EXIST 10"WATER MAIN__-EW -_ PM ELEUC. 0 ;0, CDI RIM=11.30 INV 40(36(24) I 3722 ,� 1 -} - OP Ji , GP ASH RIIV-2,695 24 R- 0 20 40 Ego II I — - ASO ' GRAPHIC SCALE SHEET TITLE' H ABarp-Sure ENCROACHMENT EXHIBIT-UTILITIES \ WENS..0 PROJECT: '" "--"` STIHL INCORPORATED 901 PoriCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT \i Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone (757)4649670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 3 OF 5 • ' • _ al SARAH BENCH WA'. O ^" u, y r- BIN • INS SHELTER FURNISHINGS PLAN PICTORIAL ILLUSTRATION nit - SINGLE SHELTER ONLY 11.48 3.12 a METALCO SARAH BENCH 4'CONC iii FOOTING CONC FOO 11111. FRONT ELEVATION -.. .. 11.48 co METALCO QUARZO LITTER BIN .HI 'j SHELTER GENERAL SPECIFICATION k 1 THE GPDUE SHELTER IS A BUS SHELTER COMPRISING OF A SERIES OF COVERS WITH DIFFERENT HEIGHTS AND SIZES,SHAPED AS AN -_--- INVERTED PYRAMID WITH A POWDER COATED STEEL STRUCTURE AND COATED WITH POWDER COATED STEEL SHEET.INSTALLATION PLATE PLAN VIEW WITH ANCHORS. METALCO GPDUE BUS SHELTER NTS S T Hgw mit PROJECT: : Mo and-Sure CANOPY SHELTER&FURNISHING DETAILS A��oda[es PROJECT: STIHL INCORPORATED 410 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone (757)48441670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=NTS SHEET: 4 OF 5 a BUSCANOPY COLUMN MD CAISSON BIB CANOPY BY OTHERS MBE RAMIRO maims BY OTTERS _ �—CONT BY'GNAWER(A➢) T��CN'a90x i® CONCRETE PAD H ELEVATION T R�r �N: b CONCRETE CAISSON h.----CMS CANOPY MUM S10.9711O0fep1401R OF TE VER &WS, r I OTHER BARB SIAM TRWTES CIEM FROMa FROM TOP OFCASSON \ 41e 4 lil S-VVERTICAL ENFORCING /® V !MTESST Rot ..�. ... ,. ..3 d . 4 ' ' 1 �r?R/7� BEmo/ rn 'f1 Mat 1, PLAN SECTION__ + iL 11= 111=1 1 N= • saR.(nr.) — -_.. . srMuwoBr NOM flee TYPICAL BUS STOP CANOPY COLUMN FOUNDATION DETAIL NOT TO6CME METALCO GPDUE BUS SHELTER FOOTING NTS SHEET TITLE: HOQpary-Eure CANOPY SHELTER DETAIL A3CSENnOn s PROJECT: Mr l' '''..L".''"''''' STIHL INCORPORATED 901 PortCentre Parkway,Suite 5 ADMINISTRATION BUILDING REPLACEMENT \= Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Pho„:-. {757)484-9670 PROJ. NO. 3110.18 DATE:01/25/2018 SCALE: 1r'=NTS SHEET: 5 OF 5 EXHIBIT A: Disclosure Statement Form,Additional Information Section 1(A): List of Directors and Officers - Bjoem Fischer, President and Sole Director - Nick Jiannas,Vice President Sales and Marketing - Mark Scavillo, Vice President Finance, Corporate Secretary - Steve Ballenger,Vice President Operations - Scott Tilley, General Counsel Section 3:Services Disclosure: - Architect: o HBA Architecture& Interior Design, Inc. - Construction Contractors: o Hourigan Construction Corp - Engineers/Surveyors: o Hoggard-Eure Associates, P.C. - Owners Representative: o Ingenuity Development VI; bginia Beach APPLICANT'S NAME STIHL Incorporated DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. • 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: II28Its pet HLl EhmC ❑ REVISIONS SUBMITTED DATE: 4lB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: STIHL Incojporated 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) See attached list of Officers and Directors. (8) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) STIHL International GmbH STIHL Holding AG & Co. KG See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if poverty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:STIHL Incorporated If an LLC, list the member's names: Page 2 of 7 4� Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list of Officers and Directors. (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) STIHL International GmbH STIHL Holding AG & Co. KG I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest In the other business entity, (II) a controlling owner in one entity Is also a controlling owner in the other entity, or (Ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia ay YES NO SERVICE PROVIDER (use additional sheets if needed) I I ® Accounting and/or preparer of your tax return ® ❑ Architect/Landscape Architect/ See attached. Land Planner ❑ Contract Purchaser(if other than ® the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed • ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® n Construction Contractors See attached. ❑ Engineers /Surveyors/Agents See attached. Financing (Include current ❑ `_' mortgage holders and lenders 50 selected or being considered to provide financing for acquisition or construction of the property) ▪ FlLegal Services Real Estate Brokers / • ZAgents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 A 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 Apoliyati . ( InIIYYII MARK scow, APPLICANT'S SIGNA URE PRINT NAME DATE Page 5 of 7 OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets If needed) ri ❑ Accounting and/or preparer of same as"Applicant"list your tax return ❑ ❑ Architect/Landscape Architect/ Land Planner El Contract Purchaser(if other than the Aoolicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing (Include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition I��l or construction of the property) ❑ l l Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property 4 e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 \13 • enia 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 f any public body or committee in connection with this ApoOrbit y, MARK Rem uA qOM" PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 an win ,. --.-- 1 MI WOL 0 n 1,71 ' L - 1 747.- II ill LLJ cu CO ki � C in ! oao Z [ = d W o0 ' c . -i Li v IITI, o ZZ � zi r ^=_ - Z p_ W O J LL 2 a SYS. _ _ Q = rz r Nr 1111L, o ��N�RAt °R U U cn z O Q 4. o �� 1 N y aY etU �~ __ 1 z 0 a Z W r.i Li III I o re ID W 2 - __mss- 1 r C -- J _ c- e7 CI - 9.‘, Z 1-_,.-, �� EDI L.:1 L ,_, 1\ I �"aT r i /c' _ _______ VIKING DR I� � � r . ell3 NMbHb3S 1 cc r� �I l 1c4 w Z — Q Z D liMillZ LYNNHAVEN PKWY d ct ! 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'.Sty => r ' . - . .sem- -- • o - " LYNNHAVEN PKWY ...IL� ' p . i .. - illa,0:11 ' .,.,. - s i- a ' IL 4 O. .^ - PHOENIX•DR ' .i - r ami S H • Pll i- W a co 0 AVENGER ° 6 a Ia LO00 Q o0 1 Loll. zzIX - 1:9 I Q = ~ r V U to Z_ 1 O a0 a N Et 0 �- U Z W o 1 Y` 14 .• . . - Ir,` , / 1 IMO It W At w k . - 1 1 f _.:.r • - ,' ,' ,p f • - - s i r _ t it° 1 t 1 s y f • • °' to.y4fle. t c w a) w ;Ar,"' 'dri � 10cn U c. o p .- w rt a i . ,. • ' - r Li 4 . L. , -- 1, 7. Ste, BP e • , , r ' • • .. .f _ s� . 1114. : T;tai s+*,w. . far { • _ ` .• ,, i \ °:.--..:!:1." ' • •'' ?-0e.,_ .0 • rr� � i. 1 r( . ' • , 1\ t . .C',1?. • 5' 1�, ,III h f II A 11 i4. 1 t I , - ;� t 11011f c• 0 1 Ir 141111°- ' .....)1111.111 '• '1 1 �A./ '` ll ��YII `ill Ii 441.,.1 ' •+ I i • '`; III 1 1,. 1, ., , 41 r [ ..,t It , , •II,� ! -, .. • w e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $3,500 from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget MEETING DATE: February 6, 2018 • Background: The City has been awarded $3,500 from the Virginia Department of Emergency Management (VDEM) from the FY 2018 Radiological Emergency Preparedness Program. The purpose of this program is to support localities in establishing, maintaining, and operating emergency plans related to nuclear accidents. The grant's purpose is to purchase equipment and supplies for the Emergency Operations Center. • Considerations: The total grant amount is$3,500, with $700 being awarded each year for five years. The program allows local governments to roll forward up to five years of funding to enhance their emergency preparedness program. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval // Submitting Des artment/Agency: Office of Emergency Management gift City Manag= 0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $3,500 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENTS FY 2017-18 OPERATING BUDGET 5 6 WHEREAS, the Commonwealth of Virginia, via the Radiological Emergency 7 Preparedness Program, has made funds available to support emergency planning related 8 to nuclear accidents; 9 10 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That $3,500 in state revenue from the Virginia Department of Emergency 14 Management, is hereby accepted and appropriated, with state revenue increased 15 accordingly, to the FY 2017-2018 Operating Budget of the Office of Emergency 16 Management for the purchase of supplies to enhance the City of Virginia Beach's 17 Radiological Preparedness Program. 18 19 Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPR• P AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorneys Office CA14270 R-1 January 23, 2018 zo% 1t` i FsS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $15,000 from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget MEETING DATE: February 6, 2018 • Background: The City has been awarded $15,000 from the Virginia Department of Emergency Management (VDEM) from the 2017 State Homeland Security Program Grant. This is a federal grant from the Department of Homeland Security (DHS) that is passed through VDEM. This program supports local efforts to strengthen terrorism preparedness. The grant's purpose is to conduct a medically friendly shelter exercise. • Considerations: The total grant amount is $15,000, with no required matching funds. The end of the program period is March 31, 2019 for obligation of funds. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval �� Submitting Dep. • e i gency: Office of Emergency Management gL( City Manager: , .fir. k 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE$15,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT'S FY 2017-18 OPERATING BUDGET 5 6 WHEREAS, the Federal Government, via the 2017 Homeland Security Grant, has 7 made funds available to support terrorism preparedness; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $15,000 in federal pass-through revenue via the Virginia Department of 13 Emergency Management, is hereby accepted and appropriated, with federal revenue 14 increased accordingly, to the FY 2017-2018 Operating Budget of the Office of Emergency 15 to conduct a medically friendly shelter exercise. 16 17 Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: A" ' • ' D AS TO LEGAL SUFFICIENCY: NVITh David Bradley ( -- liana Ha eyer Budget and Management Services City Attorney's Office CA14269 R-1 January 23, 2018 [ I-te,)„ ' CITY OF 11 VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $19,000 from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget MEETING DATE: February 6, 2018 • Background: The City has been awarded $19,000 from the Virginia Department of Emergency Management (VDEM) from the 2017 State Homeland Security Program Grant. This is a federal grant from the Department of Homeland Security (DHS) that is passed through VDEM. This program supports local efforts to strengthen terrorism preparedness. The grant's purpose is to purchase supplies to enhance the City of Virginia Beach's Community Emergency Response Team (CERT). • Considerations: The total grant amount is $19,000, with no required matching funds. The end of the program period is March 31, 2019 for obligation of funds. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departme ency: Office of Emergency Management A City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE$19,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT'S FY 2017-18 OPERATING BUDGET 5 6 WHEREAS, the Federal Government, via the 2017 State Homeland Security 7 Program Grant, has made funds available to support terrorism preparedness; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $19,000 in federal pass-through revenue via the Virginia Department of 13 Emergency Management, is hereby accepted and appropriated, with federal revenue 14 increased accordingly, to the FY 2017-2018 Operating Budget of the Office of Emergency 15 Management to purchase supplies related to the Community Emergency Response 16 Team. 17 18 Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APP- a ED AS TO LEGAL SUFFICIENCY: II '' JJ1vj �11„ Adle David Bradley 1 : ar eyes Budget and Management Services City Attorney's Office CA14268 R-1 January 23, 2018 Fly CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Option 1: An Ordinance to Accept and Appropriate $5,292,784 to CIP 7-041 "Central Resort District Drainage Improvements" Option 2: An Ordinance to Accept and Appropriate $5,292,784 to CIP 7-028 "Windsor Woods Drainage" MEETING DATE: February 6, 2018 • Background: 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. The City Manager proposes these funds be directed to one of the existing stormwater projects. In November, the City Council considered appropriation of such funds to the Central Resort District. This 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 16th Street pump station for an estimated project cost of$15 million. Alternatively, all of the members of the City Council have proposed use of the FEMA funds for three projects within the Windsor Woods Drainage CIP. These projects include South Plaza Pipe Improvements($4,204,505), Old Forge Pipe Improvements($948,539), and Kings Point Pipe Improvements($201,115). The City staff had packaged these three projects in grant applications for federal Flood Mitigation Assistance (FMA) grants, but to date, those applications have not won federal funding. The projects are included in the engineering solution to the Windsor Woods flooding issue and appropriation of these FEMA funds would move the design and construction forward in getting the projects completed. • Considerations: The FEMA reimbursements represent a portion of the costs incurred by the City in cleanup efforts after Hurricane Matthew. The original source of funds for the cleanup efforts were from unrestricted City sources including fund balance of the General Fund and various fund reserves. The current appropriations to date in the Central Resort District CIP are $300,000, which is the total funding for the six-year planning period presented in the FY18 CIP. The current appropriations to date in the Windsor Woods Drainage CIP are$5,884,453, which is a bit more than a quarter of the $20,384,453 in programmed funding in the six-year planning period presented in the FY18 CIP. • Public Information: The advertisement for the Public Hearing was placed in the Sunday November 12th edition of the Beacon. City Council deferred the agenda request and ordinance for sixty days. The first formal City Council session after the sixty day deferment will occur on February 6, 2018. Public information will also be provided through the normal City Council agenda process. • Attachments: Ordinances (Option 1 and Option 2) City Staff supports either option. Option 2 is requested by the entire City Council. OPTION 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 , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana : yer Budget and Management Services City Attorney's Office CA14182 R-2 January 31, 2018 OPTION 2 REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $5,292,784 TO CIP 7-028 "WINDSOR WOODS 3 DRAINAGE" 4 5 WHEREAS, the City of Virginia Beach has received $5,292,784 in reimbursements 6 payments for expenditures related to the cleanup after Hurricane Matthew; 7 8 WHEREAS, the City staff has initiated three Flood Mitigation Assistance (FMA)grant 9 applications related to Windsor Woods (CIP 7-028): 10 • Kings Point Pipe Improvements: $201,115; 11 • South Plaza Pipe Improvements: $4,204,505; and 12 • Old Forge Pipe Improvements: $948,539; 13 14 WHEREAS, the aforementioned grants have not resulted in federal funding for the 15 projects, but the City Council desires to move forward with the design and construction of 16 such projects using the Hurricane Matthew reimbursements; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 $5,292,784 from Hurricane Matthew reimbursement payments is hereby accepted 22 from the Federal Emergency Management Administration and appropriated, with federal 23 revenue increased accordingly, to CIP 7-028, "Windsor Woods Drainage," to fund Kings 24 Point Pipe Improvements, South Plaza Pipe Improvements, and Old Forge Pipe 25 Improvements portions of CIP 7-028. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: '7a . me er City Attorney's Office CA14271 R-ALT 1 January 31, 2018 L. PLANNING 1. CONSUMER PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re: lot area and width at 2311 Busky Lane DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. MICHAEL BINETTI & JEFFREY MURPHY for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re: direct access to a public street and lot width at the West side of Riddick Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. HH VB2, LLC for Modification of Conditions re: alternations to existing single-family home and to the apartment building at 400 33rd Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC and SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional A-24 Apartment at 273 North Witchduck Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 5. LARRY GARRISON & HILLTOP INVESTORS,LLC for a Conditional Use Permit re: motor vehicle sales at 1805 Virginia Beach Boulevard, Suite 102 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. LUCIANA CRESPO & THE BRUCE W. & ELLEN B. GALLUP JOINT REVOCABLE INTER VIVOS TRUST AGREEMENT, DATED DECEMBER 21, 2015, for a Conditional Use Permit re: tattoo parlor at 325 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. LYNNHAVEN MALL, LLC for a Major Entertainment Venue Signage Permit at 701, 739, 745, 757 & 773 Lynnhaven Parkway; 1001, 1005 & 1009 Lynnhaven Mall Loop DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL rare Sy yy NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the CM of Virginia Beach will be held in the Council Chamber of the City Hall Balding,Municipal Center.Virginia Beach. Virginia,on Tuesday.February 6.2018 at BW p.m..at which lime the following applications will be heard: DSIMCT 6-BEACH Luciana Cresco/The Bruce W.&Ellen B.Gallup Joint Revocable Inter Vivos Trust Agreement. dated December 21, 2015 Conditional ties Permit (Tattoo Parlor)325 First Colonial Road(GRIN 2407861291) DISTRICT 8-BEACH Consumer Properties, LLC Subdivision Vananre Busl(Section 4.4(h))of the Subdivision Regulations) 2311 Busky Lane(GRIN 1449]965489) DISTRICT 7-PRINCESS ANNE Michael Binetti/MIChael Binettii & Jeffrey Murphy Subdivision Voranr- (Section 44(b1 & (0) of the Subdivision Regulations) West side of Riddick Lane, approximately 1379 feet from Indian River Road(GPINs 1493249463 1493249592) DISTRICT 6-BEACH HH VBZ LLC MAIL etch of Conditions 400 33'°Street (GRIN 2418925567) DISTRICT 2-HEMPSVILIE Franklin Johnston Group Management&Development, LLC/School Board of the City of Virginia Beach end o a rhnn (62 Community Bus to Conditional A-24 Apartment)273 N.WRmduck(Road (GPIN 1467758675) DISTRICT 6-BEACH Larry Garrison/Hilltop Investors. LLC Conditional OSP PP2ml( (Motor Vehicle Sales) 1805 Virgnia Beach Boulevard,Suite 102(GRIN 2407652769) DISTRICT B-ROSE HAIL Lynnhaven Mall LLC Maior Entertainment Veno- Signage Pe m 701,739.745,757&773 Lynnhaven Parkway;1001,1005&1009 Lynnhaven Mall Loop (GRINS 14962694191496268097,1496350434, 1496341955,1496342787,1496363430, 14964615591498453926,1496358830. 1496455278.1496353639,1496468297, 1496468027,1496469093,1496459537) All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies Of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at nttpp/wwwvbeov cos imps. For information call 3854621 if you are physically deeded or visually Impaired and need assistance at this meeting please call the CITY CLERKS OFFICE at 39.54.303. Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON:JANUARY 21 8128,2018-1 TIME EACH. 4-1 o A- .2..... .06-- , e , \ • . a) 0 Z1\ it) Z ci. • t• 0 < A 44411 N\il. ilINIIMI ' 11 \ . IX .„, . \ . •. . . / \ 0 .... . / ... ..... •,. 0 . •• ‘,... . , \ II , 1 1 t I . i 11 el ,'j; .., .... \ , i 11 ( ? , ,. \ �0,044,;„ t�{, • ; t\ ;t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CONSUMER PROPERTIES, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) at the property located at 2311 Busky Lane (GPIN 1497965483), COUNCIL DISTRICT — BEACH. MEETING DATE: February 6, 2018 • Background: It is the intent of the applicant to demolish the existing, dilapidated dwelling on this property and build a new single-family home. Upon the applicant's request for a building permit for construction activities on the parcel, it was discovered that the lot was never legally put to record. Staffs research revealed that in April 1944, a plat was recorded that contained the area of the subject parcel as part of Parcel D (Map Book 16, Page 22). In 1949, a deed (Deed Book 822, Page 321)was signed that created the subject lot D-1, but it was not recorded until 1964. At that time, all subdivisions required a recorded plat in order to be properly subdivided. Based on this, the applicant's desire to rebuild the home requires a Subdivision Variance to both lot area and lot width, as the parcel will be deficient in the 10,000 square feet of lot area by approximately 2,700 square feet, and will be deficient in the required 80 feet of lot width by 30 feet. • Considerations: It was not uncommon for lots to be created, albeit illegally, by deed from the 1940s through the mid-1970s. Since the subdivision by deed in 1964, the remaining property of the original Parcel D has been sold and is currently under separate ownership. As such, it is impossible to rectify the situation by combining the adjacent parcel to meet the dimensional requirements of the Zoning Ordinance for the R-10 Residential District. Granting the Subdivision Variance will result in a properly recorded parcel. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. One speaker appeared in opposition at the public hearing who noted concerns related to screening and land disturbance in environmentally sensitive areas. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of the application by a vote of 11-0. Consumer Properties, LLC Page 2 of 2 1. The applicant shall be required to submit a subdivision plat substantially in accordance with the submitted subdivision exhibit depicted on page 5 entitled, "SUBDIVISION OF PROPERTY LOT D-1 S. J. POYNER ESTATE," dated September 22, 2017, and prepared by Bonifant Land Surveys, Inc. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When Lot D-1 is developed, the dwelling when constructed shall substantially adhere in appearance and size to the submitted elevation, entitled, "DATE JUNE 2017, PROPOSED NEW DWELLING, DRAWN BY A. J. LYONS, 2311 BUSKY LANE,"found on page 6 of this Staff Report. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. / / Submitting Departtency: Planning Department � .ia I _ [�, A City Manager: IIII , �'-'+/`�/y/�� r'S Applicant & Property Owner Consumer Properties, LLC Agenda Item Public Hearing January 10, 2018 City Council Election District Beach 2 Virginia Beach V Request o z y Subdivision Variance (Section 4.4(b) of the �'ao I e c a Staff Recommendation y Approval D. I Staff Planner Cy4( 0,c Rustwood Lane Robert Davis aging, Za ehN .? c4 Location ; _ APZ2 .po 2311 Busky Lane o �y� 4 e G P I N o .�d 1497965483 c Site Size 7,260 square feet I AICUZ a Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District r ,.• y .,'44 Single-family dwelling/ R-10 Residential e• ' . F 1 :.; Surrounding Land Uses and Zoning Districts a., r` North • 1. c r Busky Lane �, �,.*��~ t f "'y� Religious use, single-family dwelling/ R-10 �; .r Tl� • , t�4 ' Residential •. i ?f: r South ', ^��r ' r S� 1 • ,. r Vacant lot/ R-10 Residential 4; '� East '. ' } � :•, a.. ) :. ,�, ! ii,,N Single-family dwelling/ R-10 Residential , West . , ` • ' . 'ra. : , ; Single-family dwelling/ R-10 Residential it-f4 .,") fir". v.! ,rl ' -I4", Consumer Properties, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • A single-family dwelling currently exists on the site. It is the intent of the applicant to demolish the existing residence and build a new single-family home. Upon the request for a building permit for the subject parcel, it was discovered that the lot was never legally put to record. • In April 1944, a plat was recorded that contained the area of the subject parcel as part of Parcel D (Map Book 16, Page 22). In 1949, a portion of Lot D was subdivided by deed (Deed Book 822, Page 321) creating the subject lot D-1, but it was never recorded.The lot was a conforming subdivision when it was created by deed; however,for reasons unknown, the plat was not recorded until January 1964. In 1964, all new subdivisions were required to be created by plat. Based on this, a Subdivision Variance to both lot width and lot area are required in order to correct this oversight and legally create the parcel. • As the subject lot is currently zoned R-10 Residential District, a minimum lot width of 80 feet and a minimum lot area of 10,000 square feet are required.The existing lot is deficient in both of these standards, as the lot width exists as SO feet and the parcel is just 7,260 square feet in size. A Subdivision Variance to both lot width and lot area are requested to rectify the situation and legally establish the parcel. Required (Single-Family Dwellings) Proposed Lot D-1 Lot Width(feet) 80 50* Lot Area(square feet) 10,000 7,260* *Subdivision Variance required for lot width and area. /1R-10 yr\• B-2 "• \ >76 dB of DNL %d Zoning History A"2 R-*O # Request f� \ 1 CUP(Religious Use)Approved 07/13/1993 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 Consumer Properties, LLC Agenda Item 2 Page 2 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance incorporated by reference in this ordinance. It was not uncommon for lots to be created, albeit illegally, by deed from the 1940s through the mid-1970s.The subject property was subdivided by deed in 1949. Since that time, the remaining property of the original Parcel D has been sold and is currently under separate ownership. As such, it is impossible to rectify the situation by combining both parcels to meet the dimensional requirements of the Zoning Ordinance for the R-10 Residential District.Thus, this Subdivision Variance is requested to remedy the situation and to properly record the parcel and execute the pending redevelopment of the property. The applicant has provided an elevation for the proposed dwelling, which Staff has determined that, while rudimentary, does depict a home that will be similar in size and height to the single-family dwellings along this street. The two-story single-family dwelling will have vinyl siding as the primary exterior building material with an attached garage. Staff finds that the subject parcel, as it exists today, does not adversely impact the character of the existing neighborhood and is consistent with the Comprehensive Plan. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall be required to submit a subdivision plat substantially in accordance with the submitted subdivision exhibit depicted on page 5 entitled, "SUBDIVISION OF PROPERTY LOT D-1 S.J. POYNER ESTATE," dated September 22, 2017, and prepared by Bonifant Land Surveys, Inc. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When Lot D-1 is developed, the dwelling when constructed shall substantially adhere in appearance and size to the submitted elevation, entitled, "DATE JUNE 2017, PROPOSED NEW DWELLING, DRAWN BY A.J. LYONS, 2311 BUSKY LANE," found on page 6 of this Staff Report. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 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. Consumer Properties, LLC Agenda Item 2 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp. 1-61-1-62) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Consumer Properties, LLC Agenda Item 2 Page 4 Proposed Site Layout Lot K S.J.Poyner Estate Lot C Ids Jean WBsonRLT S.J.Poyner ESTI° IN.200401130006481 Kelt L.Lamb OA' ' 1497.98.8218 IN,20151027001051060 I 149786.7440 Rod(F) 1 C A1° 1,4',tc^ 1ht\ ,/ -�p� `+t T50.00' 3,47_6,353.382 N 12,199,601.921 E o Proposed ct Lot D-1 `+a N iv Part of Lot D 0W LOT B a n� S.J.Payner Biwa ~ a Anthony .8 M els H.Albrbor Z S.J.Payner Estate Y 8 MB.18 P.22 MB.272 P.40 08.1988 P.3 0 I— Mamie Hoggard et al w id-- a:044 149745-5337 WB.100 P.2222ifJI 149748.6560 .– inSty. �CC�y En in Resd.(toFr.be removes) 1J 1+,3 eV 5A FPROPOS N #2311 0 Z _J .t• �• ''',�''" 3,476,460.562 N Pan•Pre(tryd R=10' 130.00 1 • _. PlpetF .1 j./s:• , I 12,199,503.971 E ✓I ,_4 dWgSha67N! •••••. ..._..e•.cVwpm —.- 7=346"�- — — — —e awa BUSKY LN. (Wid(h Varies) `°°'°''""'""' 11 fl 1$I1:1 o , + SUBDIVISION OF PROPERTY LOT D-1 Consumer Properties, LLC Agenda Item 2 Paee 5 Proposed Elevation NI h 1 I ---- — --- ---- th ; o 1 q • T11 J 1 !i I d i L � • c1 c < __ z z 1/1 _ r I ul Irr _ ._ , IT, i z � a1 0 FRONT RIGHT SIDE 2 w A 10 g 1.714 i • ..0,-,14a SHINGLES eL /, OVER le LD riLT �Y % OVER VA.'0566HrATN ING ' t0 i / . eve [FILING JOirl • _ 1 4011, v.GWL HFAErR. 2.../.3-.1 • 6'-1,•-il-L' 1 I -._. . .. .. _ PRDYLt SOe FLC04 _ 74'AT ' - -. I 7•v.0• FLOOR 4016,0,11;0C - ' . { -. __ _ - , VINYL SIDING I'- jN>1ULATION OVER AFrROVSD WRAP I. ROOF R 98 --- • OVFR 1/a'OSB e14'BINR 1. 2'•1-hATts isroos 0 le O[ WALL 5 0 15 ' . a a I FLOoe R 19 OM k.w.i4.,M67._t 111 2'v 10• FLOOk 701ST B REAR '1 Consumer Properties, LLC Agenda Item 2 Page 6 Site Photos s'r 'atx pair `" •�; ...... �r 1 �' " "2111irt• .".. • PI'''. r ►• .4 f!^ - ' t ` r * • `.T;� • if C '4 1,. � , _ ♦ .. ,^ !fir �' • r.�• a •• a �,- it • "� Y Consumer Properties, LLC Agenda Item 2 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Consumer Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property X Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE i ,ar.v u�r nniv Pagelof7 ❑ IPL(AN; N011111 O'A IL N: Q ❑ nANG[ , 01 j/av,�/�p49.Robert A Davis ❑ _LJSIONS_uoMN I to Consumer Properties, LLC Agenda Item 2 Page 8 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Consumer Properties, LLC If an LLC, list all member's names: C. Jeffery Moore If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 4 , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nrooerty owner is different from Avolirant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the pROPFRTY OWNFR 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 Consumer Properties, LLC Agenda Item 2 Paee 9 Disclosure Statement • Virginia Beach if a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -Parent-subsidiary relationship means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner In one entity is also a controlling owner in the other entity, or (III) there Is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entitles" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any Item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Consumer Properties, LLC Agenda Item 2 Paee 10 Disclosure Statement APPLICANT wren YES NO SERVICE PROVIDER lose additional sheets If needed) ❑ ® Accounting and/or preparer of your tax return ▪ ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Aoolirant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purcheser(s)and purchaser's service providers) ▪ ® Construction Contractors 11 Engineers/Surveyors/Agents Bonifant Land Surveys,LLC Financing (include current ❑ El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / ▪ ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? Page 4 of 7 Consumer Properties, LLC Agenda Item 2 Page 11 Disclosure Statement Virginia Heath 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. /Jc /1/10/)/ - / PROPERTY OWNER'S SCNATURE PRINT NAME DATE Page 7 of Consumer Properties, LLC Agenda Item 2 Page 12 Item#2 Consumer Properties, L.L.C. Subdivision Variance 2311 Busky Lane District 6 Beach January 10, 2018 REGULAR Bob Thornton: The next order of business we will address the remaining two matters on the agenda. And I would like to ask the Secretary to call the first item. Jan Rucinski: Okay the first item is Consumer Properties, L.L.C. An application for Consumer Properties, L.L.C.for a Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)on property located at 2311Busky Lane, District 6. Beach. Are you the applicant? Phil Bonifont: I am not the applicant. My name is Phil Bonifont and the land surveyor and I indicated to the owner and acknowledge that I would be here to represent them today. Jan Rucinski: Okay, can you explain the project to us please? Phil Bonifont: The property was deeded from the original owner of parcel D,50 feet of the lot was deeded in 1949 to the original owner of this particular parcel,50'x 145'suare feet. He kept it as a pocket deed. David Weiner: Can you talk more into the microphone. I can barely hear you. Phil Bonifont: I'm sorry. He kept it as a pocket deed for 12 or 13 years before it was recorded. In that time,they built a house on the property,and were living in it, and about 1964 or 1963,it was recorded. At that time,the City incorporated it and then we had zoning laws that kept people from subdividing by deed. What we are trying to do now is take down that house that is there,and build a new house. The one that is there is 1950s version,two bedroom one bathroom,small kitchen,and a dining room with a deck on the front. I suspect that the termites have had that for their leisure for the past several years. The house that is going in will be a two story contemporary vinyl. I think that the one that is pretty much shown. The foot print will be almost identical with what was there,so that we have very little amount of surfaced drainage going into the CBPA or the Chesapeake Bay Water Shed. I think that is essentially what we are trying to do is put something back and upgrade the neighborhood a bit from what it looks like at the present time. Bob Thornton: Questions of Mr. Bonifont? Standby,we might have something for you later. Phil Bonifont:Thank you. Bob Thornton: Thank you. Jan Rucinski: We do have someone who is in opposition. Anthony Albritton. If you can, state our name fort the record please? Anthony Albritton: Anthony Albritton,Sr. Item#2 Consumer Properties, L.L.C. Page 2 Jan Rucinski: Tell us what your opposition is. Anthony Albritton: Yes, I was talking to the gentleman earlier about this piece of property. I requested that they put a fence up between my property and their property,even though you told me I have a fence there, Certainly I have a fence there but I would rather have them put a fence up too because they might not like my fence,and when they come and build a brand new house in the area, it will create a problem but also in that same area,the Chesapeake Bay is a ditch that runs behind this property and the Chesapeake Bay Water runs back there. I was told I couldn't even cut a limb or a tree down in my yard because with that zoning. They are going to build a brand new house there and I was also told I couldn't even repair my shed. I have a shed in my yard,and wasn't allowed to repair my shed but yet somebody could buy the property next door and come and build a brand new house.Yes, I have a problem,a big problem with that. The Army Corp of Engineers came out one time and told me that they could charge me $10,000 of that area. There is a lot of zoning issues, and I think you need to check it out to see the difference. I don't have the paperwork with me or the different zoning areas or they come across the property and come across my property. But I've talked to the gentleman, I said,hey, put a fence up. My opposition will go away. What he told me is that it is not his money to spend but what's a fence between my property and the property that I owned for years. I wasn't even allowed to repair my shed a tree fell and knocked a hole through my shed and I wanted to repair my shed. I was told that I couldn't even repair my shed, but now a brand new house is coming up. I think there is something wrong with that. I think you need to look into the area and see where,there are some lines that come across certain areas of the property, my property because the Chesapeake Bay is behind our property and runs out to the ocean. And when Mr. Bonifont went the one where Food Lion, where the Asian store, all that was a pipe put down,and it runs through the neighborhood,and runs out behind that property,so I think you need to investigate it some more about that area,and look at all the different zonings and stipulations in that area because I was bombarded with a bunch of stipulations, and they showed me all kinds of lines,where are property runs, so I think it needs to be checked out a little more. Bob Thornton:Thank you. I have just a question just for Barry. If you have some issues about repair a building and things about, instead of saying to us that somebody told you could or couldn't do it, see Mr. Frankenfield after the meeting. Barry Frankenfield: It sounds unusual. I'll be glad to check into it. Bob Thornton:You should have the ability to fix your shed up and do things like that. He's the guy that can help you. Any questions for of the speaker? Thank you sir. Anthony Albritton: Alright. Dee Oliver: I got one. Bob Thornton: Dee? Dee Oliver: Do you mind showing us where your property is? Anthony Albritton: Just go up to the right on the same side, to the right. Dee Oliver: The Cuffees used to own that property. It was in my family,and is on the property on the property next door. Item#2 Consumer Properties, L.L.C. Page 3 Bob Thornton: You're in between. You're the corner? Dee Oliver: So you're on the corner? Anthony Albritton: No. I'm next door to the right. Dee Oliver:The other side. Anthony Albritton: If you come on Busky Lane from Old Great Neck Road,you make a left on Busky. That's the first house on Busky. My house is the second house to the right of that property. Dee Oliver: Okay. Thank you. Bob Thornton: Are there any other speakers? Jan Rucinski: There are no other speakers. Bob Thornton: Phil,would you like a minute for rebuttal? Phil Bonifont: Can we go to the survey that we did? And I will point out some things on that. Don't point it at you? Bob Thornton: Don't point it back at us. Phil Bonifont: It doesn't show it very clearly along here. Right about here and going this way,diagonally from the upper left to the lower right, is where the line from the RPA or RMA changes from Resource Protection Area to the Management area of the Chesapeake Bay. And I can understand why Mr. Albritton's property is having trouble with the CBPA people. Here is the line where anything below that line is in the RPA, Resource Protection and anything above is Resource Management. They all drain into the Chesapeake Bay Watershed. His is significantly impacted because it covers at least%'s of this property is in the RPA. So, he would have to jump through several more hoops than my client,who is in the RMA. And further south he goes, like he was saying,the Corp. of Engineers had indicated to him that he was going to have some problems,that is probably because they indicated they can enforce the Wetlands,very south corner of his property. The property of my client does not have that problem. Now,there is six foot fence and a chain link and it is along his property line between my client and Mr. Albritton at 2315 Busky lane and just on the southwest side of that fence, is a hedge that would take more than just a little pushing to get through. You can't see through it. On the north side of the fence trying to see into Mr.Albritton's property is impossible. There is no view unless you're up 15 feet or better over top of hedge and fence that is there,and so for us to put in another fenced along that line would be required to be put a fence along that line,would seem to be over kill for what's already there. And I don't see from the property at 2315 that there have been any improvements to upgrade the property in the past several years. So, I'm thinking that for him to request us to put in a fence there is if it. I don't know. It doesn't seem like it is productive for what's already there. Bob Thornton: Any questions of Phil?Thank you. If there are no further questions of the speakers,we can close the public hearing and talk about it amongst ourselves. And,somebody at some point, make a motion. Jeff this is your neighborhood.What are your thoughts? Jeff Hodgson: Sometimes when we have applications like that and as the speaker came up with some Item#2 Consumer Properties, L.L.C. Page 4 concerns he has especially with his own property and his shed, it is nice they are brought to light and hopefully when he leaves here today, Barry will have some answers for him as to why he couldn't fix a simple hole in the shed. So, hopefully there is something good that comes out of this but I think and I don't have any issues with this application at all, especially there is a large vegetation buffer between the two properties,and you said there is already a fence there now,two fences I believe. Phil Bonifont: At this part you can see the fence Mr.Albritton is talking about.The property line is right near the power pole,just a little bit to the left of it,going back toward the fence. The fence begins at about the front of the house. Jeff Hodgson: Okay. Phil Bonifont: And so,you got a little bit of blow right there, where there is just a little bit, but once you go past that you're getting into some fence and some hedge. Jeff Hodgson: Thank you. So, I'm willing, if there are no comments, I willing to make a motion to approve the application as it stands,and again I hope that Barry you can address some of these questions that the other speaker had. Bob Thornton: Thank you. We have a motion and we have second. Are there any other questions before we call for the vote? Is everybody okay? Ed Weeden:Who second it? Bob Thornton: Commissioner Weiner. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Consumer Properties, L.L.C. Bob Thornton: Thank you. '(.......2 so 'CI . .......7„,.. a. i T1 1 :-'-.L_It , / r 1 / i' • , * ; r -' - -. a CLO s / 4\ / ( /-IC1 )1 e:1' ' . • . Cil T"'" 1 "7:""-'' "al ' '' 4 o ..\)...) i , s. �i % \ .1., . * .ts . 4 i ti r 1�7 _ rr 1 • f T R ' ' iir ' / .. , f '/400, , \ ..,., � r -44v., o / -- - 1 .. \ /_040-a . 1 -° r s�., j r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL BINETTI [Applicant] MICHAEL BINETTI & JEFFREY MURPHY [Property Owners] Subdivision Variance (Section 4.4 (b) & (d) of the Subdivision Regulations) at the property located on the west side of Riddick Lane, approximately 1,380 feet from Indian River Road (GPINs 1493249463, 1493249592), COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: February 6, 2018 • Background: These two lots are legally nonconforming, as they were recorded by plat on October 26, 1956, but do not meet current regulations with regard to direct access to a public street and to lot width. Riddick Lane is a private street and vehicular ingress and egress is via a 30-foot wide private easement. Technically, each lot has a zero lot width; however, they will both meet the minimum lot area requirement of one acre for parcels within the AG-1 Agricultural District. As the applicant is proposing to reconfigure these two lots from an east/west orientation to a north/south orientation, a Subdivision Variance to both lack of direct access to a public street and to lot width is required in order to legally record these parcels. • Considerations: The request to reconfigure Lots H & I into a north/south orientation is consistent with several Subdivision Variances that have recently been approved in the vicinity along Riddick Lane. This request would not increase residential density along this private lane. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There was one speaker in opposition who lives to the west in Courthouse Estates who noted concerns related to decreased privacy due to the removal of trees, lack of hardship, and the proposed homes being out of character with the area. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this application by a vote of 11-0. 1. The reconfiguration of Lot H & I shall be substantially in accordance with the submitted subdivision exhibit entitled 'Preliminary Resubdivision of Lots H & I, Property of Willie Riddick," dated 12/12/2017 and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Michael Binetti Page 2 of 2 Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed,the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 8, entitled "Proposed Dwellings", in this Staff Report, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. The site shall connect to water and sanitary sewer by any of the acceptable options approved by the City of Virginia Beach Public Utilities Department, as described in the "Public Utility Impacts" section on page 5 of this report or as otherwise deemed acceptable by the Department of Public Utilities. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ,�,p� City Manager: Applicant Michael Binetti Agenda Item Property Owners Michael Binetti & Jeffrey Murphy Public Hearing January 10, 2018 3 city., City Council Election District Princess Anne Virginia Beach Request Subdivision Variance (Section 4.4 (b) and (d) of the Subdivision Regulations) .4,� mak_ c 4- . • e. 1 Staff Recommendation ��'``` ie� t', x Approval a 3 Staff Planner f a Marchelle Coleman I �,. e,,,,_X41°". 5-YO d8 DNC P` NY Location West side of Riddick Lane, approximately 1379 feet from Indian River Road "� "^R,..,�� GPINS 1493249463, 1493249592 w'' Site Size Lot H —1.7 acres Lot I —1.5 acres AICUZ 65-70 dB DNL Watershed Southern Rivers • .4rf . 4 "1"*Ys. Existing Land Use and Zoning District h✓ fi Undeveloped lots/AG-1 Agricultural ` ✓ `" � 1 ``} ►zs;,jrl J �; j Y "i> , -• t - 'r ` r 'MJh ;.' $ lq1 Surrounding Land Uses and Zoning Districts ^ty 4 '�,; "' ff "'-. , 1,.. North ¢:. ' Undeveloped lot/AG-1 Agricultural ,/,( South /,, i II Single-family dwelling/AG-1 Agricultural ';; ,y ' 1i East ; Riddick Lane ,'• .- £ a Single-family dwellings/ PD-H1 Planned Unit + DevelopmentF, z, West ,, L_ e ,t. f •iie Single-family dwellings/ PD-H1 Planned Unit Of 0 , *• ...i•-,, Development .' ��. T~� f �,: . ` / Michael Binetti Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant is proposing to reconfigure Lots H & I from an east/west orientation to a north/south orientation. • These two lots are legally nonconforming, as they were recorded by plat on October 26, 1956 (Map Book 42, Page 55) but do not meet current regulations with regard to direct access to a public street and to lot width. • Both lots lack direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, as Riddick Lane is a private street. Vehicular ingress and egress is via a 30-foot wide private easement. • Per Section 4.4(b) of the Subdivision Regulations, Lots within the AG-1 Agricultural District require a minimum lot width of 150 feet and a minimum lot area of one acre. Both lots meet the lot area requirement. Technically, each lot has a zero lot width, as Riddick Lane is a private street. Required in AG-1 Lot H Lot Lot Width in feet 150 feet 0 feet 0 feet Lot Area in Acres 1 acre 1.7 acres 1.5 acres Existing Lots H & • I1 iI • The proposed reconfiguration of Lots H & I requires a Subdivision Variance to both lot width and direct access to a public street. Proposed Lot Configuration / Michael Binetti Agenda Item 3 Page 2 440 PD-a Pb ;,• e e PD H1 ' Jj ! ' Zoning History %'//� # Request 1 PD-H1 Approved 05/13/2008 111*111 / 44 411 2 SVR Approved 02/16/2016 ...4,_____. 4 --\ t 't.-_,r ; Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to reconfigure Lots H & I into a north/south orientation is consistent with the Subdivision Variances that have recently been approved in the vicinity along Riddick Lane. This request would not increase residential density and therefore; in Staff's opinion, is compatible with the area. Although these two lots will continue to lack direct access to a public street, both lots are accessible via the existing ingress/egress easement on Riddick Lane from Indian River Road. Being that these lots are in the Southern Rivers Watershed, the applicant has provided a preliminary stormwater strategy to address stormwater management. Staff has reviewed the submitted strategy and it appears that the realignment of the parcels will have no appreciable impact on stormwater. Further review will take place during the site plan review process. Michael Binetti Agenda Item 3 Page 3 Based on these considerations, Staff believes that there will be no adverse impacts on the adjacent properties and recommends approval of this request subject to the conditions below. Recommended Conditions 1. The reconfiguration of Lot H & I shall be substantially in accordance with the submitted subdivision exhibit entitled "Preliminary Resubdivision of Lots H & I, Property of Willie Riddick," dated 12/12/2017 and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 8, entitled "Proposed Dwellings", in this Staff Report, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. The site shall connect to water and sanitary sewer by any of the acceptable options approved by the City of Virginia Beach Public Utilities Department, as described in the "Public Utility Impacts" section on page 5 of this report or as otherwise deemed acceptable by the Department of Public Utilities. 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Transition Area. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north. Rather, they enable a more limited type of development, with its own development standards suitable to the character of the Transition Area, where greater integration of natural resources and more open space is planned to respect and protect the unique natural character of the area and to enable a true transition into the Rural Area to the south. Natural and Cultural Resources Impacts The subject property is located within the Southern Rivers Watershed. Besides the timber from the wooded lots,there are no known cultural or environmentally significant features on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1Existing Land Use 2—20 ADT Indian River Road 5,637 ADT15,000 ADT1 a(LOS "D") Proposed Land Use 3- 20 ADT I Average Daily Trips 2 as defined by two single- 3as defined by two single-family °LOS=Level of Service family dwellings dwellings Michael Binetti Agenda Item 3 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is on Riddick Lane, a private street off of Indian River Road, which the Master Transportation Plan lists with an ultimate 150-foot right-of-way with four lanes.There are no CIP projects on this segment of Indian River Road. Public Utility Impacts Water City water does not front the property, but the following options are available: 1. A private well may be installed with Health Department approval. 2. City water may be extended to the property in accordance with Public Utilities standards, including a variance to install public water within an easement. Sewer City sanitary sewer does not front the property, but the following options are available: 1. A private septic system may be installed with Health Department approval. 2. Individual grinder pumps and private force mains may be installed with approval of an encroachment agreement. 3. City sanitary sewer may be extended to the property in accordance with Public Utilities standards, including a variance to install public sewer within an easement. Michael Binetti Agenda Item 3 Page 5 Existing Recorded Plat (Lots H & I) Apo re .. Ovrs./I ♦eunw141.y 'Will 4, f.- ,.r 1 .'K J.�Are•71 ....ej ra rel Oec -r/*A, .cs-deed M Sr AJeIe '✓L . •r .v/Il .i wrf at,I ewe .....% ...w F....• t1 ►f 1. • j .c 4 �0 - 4. 26040 VNI N. `r S LOTH LOT I '-. av , A 15 i1 / c.7Ac Z.: ..'7) 4c 4ie. iS qc'h2 eS f• _ Oi i•• r t I ►N Nie 1l,Sd•c'- VI •� V V44 • yl !..b. y v, ( I I • N : • I ?4 . �h I ti I li 3•S, /t •/ w. 604♦•...•n0- CA",vaPit et• W IL LIE 4VDD✓CK Pr•,ie•.7j' •r' W i/.Q .�Iale:c Z caIe0 .r•die • F'0.I7N :.4NLS/•rG - I IwCL.Ts .4"vow/ Co, v• .Sca:r ..DO' Oc> 24 Cr, Ta• q s-ArgeaY .. 6..e,77 tc•,yej... hoc • 53 Michael Binetti Agenda Item 3 Page 6 Proposed Subdivision Exhibit (Lots H & I) – — 4 — — v &6� AN 3JN3r/ 0..'\\\. N Y \\\"` N 'b -_ $ I o r .- kk ♦ d rQ� ix •* R{ s a Au Q, s' � ''9z I $i $3i �3s 1, w 1. W14 _ d Z, g --_{ --I----- U - O '— rI9[-fr'-flgr "*T.gA E ti _, t) O //. TV'lI•r r 7�I A 4 MI _ eZj'g _V msv. L Wi _ J31W�S Q .ra'ear on�r,.rz , .� al.srri r - 0 x C4 :; cal 6 0H 5 3 cc a 11 El a G tsam.L-i 41 ;: ! !: --- `1" ll'il'R'l „ ,,y3 ;&-,f, F o g-,-'.. ,___,,,. , �14 �' p 4.0 \ ti us: - liOti h A a '3==a W n .g o Q ; Ak , 0 gr >g — .as ser 3.aorr—rz v w a \ z a o • tr \ R 0 \ \ \ `\\Kj o'a \ \ l ,q;., \ •\ \\ y C • � o2' vi -..a'4...(‘°1:4--4"-\--- ---- r :iIkdli ! i!i .ew� Pl ' ' ��^ � _ g-gr, :.., ..0 ,,. g k$ y� . _ —\ 'i A 1 lircJ �'.1p°_ ' .':iii a'4 d Y Gr Z- G • .fir.Rugv . .. 6 atliin tz 76i- 760Y •�� i 4i,irr ii -¢ n§ IEg C+ .4;.; ;.; —4 3 y P a Ql t'a'i g . Eil _ Ey, it dei ^ ,clW g $ i tw glb III 1 igeg 711 i a= 3`.g fill :;has i -sa 3t ; ��s2�Plg r r/n” si4 dt v' 6i,$ t Michael Binetti Agenda Item 3 Page 7 Proposed Dwellings r "clam . 1111 • ) wie _ e• 018 t Mi• I. .4,, Iii r.„ Mk t riot: / :'1f;• imp- • " I 1171" mit • • u P.- -N . 14, 10. Michael Binetti Agenda Item 3 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Michael Binetil 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. • F SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 O nor.lt EN.Jr NC u''IHT ,un.H NC. .�F .uun ru.o-zm,n TI wipe 'ince Marchelle L. Coleman ▪ Prvic on....eacivi. Michael Binetti Agenda Item 3 Page 9 Disclosure Statement Virginia Beach I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Mieheel Binetti If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Aoolicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ▪ Check here if the PROPERTY OWNFR If a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name_Michael Binetti&JeBrey Murphy_ If an LLC, list the member's names: Page 2 of 7 Michael Binetti Agenda Item 3 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ,'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See Sate and Local Government Conflict of Interests Act,Va. Code§22-3101. "Affiliated business entity reatbnship" means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a cbse working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 22.3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Michael Binetti Agenda Item 3 Page 11 Disclosure Statement APPLICANT krYL YES NO SERVICE PROVIDER(useaddition&sheets if needed) ® Accounting and/or preparer of your tax return ▪ ® Architect/Landscape Architect/ land Planner ❑ ® Contract Purchaser(If other than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ® Engineers/Surveyors/Agents WPL Financing (include current TowneBank • ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property a ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development 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 Michael Binetti Agenda Item 3 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 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 rAeeting of any public body or committee in connection with this Appl'cation. "// J MICA€( Biel v ? o i? _1_ AP0.ICTN 59LN44aRE PRINT NAME DATE Page 5 of 7 Michael Binetti Agenda Item 3 Page 13 Disclosure Statement OWNER Vininie Beach YES NO SERVICE PROVIDER(useaddldonal sheets If needed) ❑ ® Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other thag ® the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ❑ Engineers/Surveyors/Agents WPL Financing(include current TowneBenk ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / ▪ ® Agents/Realtors for current and anticipated future sales of the subject property a e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Michael Binetti Agenda Item 3 Page 14 Disclosure Statement YL Virginia Beth 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 71,Ication. I_ / _ 1,• fff mfD4 / l of l/ ' i 671/7 PROPty1T WNE S SIGNATURE PRINT NAME j GATE_ Page 7 of 7 Michael Binetti Agenda Item 3 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. 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. - -qd (r'(/ � Ted S' ' r"1"/" PROTv 'S SIGNANE PRINT NAM DATE Page 7 of 7 Michael Binetti Agenda Item 3 Page 16 Item#3 Michael Binetti Subdivision Variance West side of Riddick Lane,approximately 1379 feet from Indian River Road District 7 Princess Anne January 10, 2018 REGULAR Bob Thornton: Next. Jan Rucinski: The next item on the agenda is item 3, Michael Binetti. An application for a Subdivision Variance,Section 4.4(b)&(d) of the Subdivision Regulations on property located on the west side of Riddick lane,approximately 1379 feet from Indian River Road, District 7, Princess Anne. Is the applicant here? Michael Binetti: Yes. How are you? Jan Rucinski: If you can state your name for the record and then give us a rundown of your application. Michael Binetti: It's Michael Binetti. Thank you for hearing what we are proposing to do. These lots were originally, I think, recorded early in the 50s. I actually own a house and previously built a house 10 years ago that is two lots south of the blue dashed area. That is where I currently live now. So, I purchased the property that is the furthest north. We have plans to go forward and build a house on that. So,what we're running into is that it is extremely hard to design a house,a ranch,with only 60 foot of frontage. These lots were all 100 feet across by several hundred feet deep,600-700 feet deep. They are approximately 1.5 acres a piece. Like I said,there are five of them as you can see.On both sides of the lot group are retention ponds for Courthouse Estates and the neighborhoods that surround. So, what we are asking to do is just simply divide the property so that it would be more buildable,a more friendly lot for a single family dwelling. In order to get to the back lot,we would simply have the driveway,well, it's not drawn there. Oh,there it is.The driveway would get the ingress/egress for the backlot and at this point is proposed to be this location that it says right now. So,the impact,I don't think that there is a whole lot. Right now, both of these lots are heavily wooded,so there is going to be change for those lots whether they are as it is proposed or whether they are now. Several trees are going to have to come down. We're going to have to do a pump station into the manhole,as I have right now. So,there is not a whole lot I feel would change and we're just simply doing this to entertain a more buildable house with less limitations on the setbacks. That's pretty much it. The owner that is in the middle is not here but he's obviously filled out the application with me so we're both kind of going in submitting it and asking for the permission to subdivide as you see now. Bob Thornton:Are there any questions of Mr. Binetti? Karen Kwasny: Can you give me a sense of where, I believe it is on Lot I-1,where the house may be positioned? It is a heavily wooded lot and I know trees are going to come down. I am just trying to get a sense. Michael Binetti: I would say it would be in the middle. Karen Kwasny: Okay. That is where I was imagining. Are you planning to maintain some of that buffer vegetation between that lot and those houses behind you? Or are you clearing the lot in its entirety? Item#3 Michael Binetti Page 2 Michael Binetti: The Courthouse Estates on the angel part? Karen Kwasny: Yeah. Michael Binetti: There is a 10 or 15 foot concrete culvert drainage that connects those two bodies of water,which does have....it goes down. There is a lot of vegetation. It is all woods. So,the trees that are along the back would stay. They are like pine trees. I kind of think it happened when they developed Courthouse Estates. Now we got a nice little pine tree buffer around this whole area. My intent is to leave as many trees as we can. That is what both lot owners want,to keep the trees and the natural area. Karen Kwasny: Okay. Bob Thornton: I would call to your attention if you look on page 7 of the application,at the back end of this property up against these houses,there is not only a 15-foot drainage easement,there is 35-foot drainage easement,and a 15-foot maintenance easements,so there is 50 feet back there that he can't get anywhere near,so,then he has got a rear yard setback to honor. It seems like there is adequate back there. Are there any other questions of Mr. Binetti? Thank you. We may ask you back. There is some opposition here. Jan Rucinski:We do have one speaker in opposition and that is Amanda Kutz. Please state your name for the record. Amanda Kutz: My name is Amanda Kutz and I live on the property in Courthouse Estate that is by these lots. I appreciate the opportunity to speak to you all this afternoon and for having your hearing on a day that schools are closed,so my six year old can get a civics lesson and see momma go to work.So,we oppose this subdivision variance for a variety of reasons of which I gave you all a detailed memo explaining. First of all,we do not believe that the subdivision variance meets the requirements of City regulations,to grant a subdivision variance. I won't go through each of the five conditions because I did provide you a very detailed memo but I would point out that this requires you to get a subdivision variance that strict application of the division rules would produce a hardship. It also requires that the Commission not take into account personal preference. For Mr. Binetti,there is no hardship if this variance is denied. There are existing right now,two lots. He proposes to build two houses.There is no reason why he can't build two houses on the two existing lots as is. It is a personal preference for him. He would like to build a house that is too large to be accommodated on the lots that are existing. If you were to grant this subdivision variance and this large home was built, it would be completely out of character with all the surrounding homes on Riddick Lane, as well as in Courthouse Estates and Signature of West Neck that abuts this property. In addition to that,the orientation is different than every lot on Riddick lane as well as the lots behind it in Courthouse Estates. So, it would create a very in cohesive part of the property and for all of the surrounding property owners.That is hardship for us. In addition to that,there are many areas within a stone's throw of this property that could accommodate a home of this size that Mr. Binetti would like to propose. At Indian River Plantation, King's Grant, and all of Eagles Nest.These are literally right around the corner form this,and plainly as a homeowner,we are concerned that the rural character of the estate of the property is not going to be maintained. We bought the house for that nature. We're also very concerned of stormwater. I don't have to tell you that we live in an area where flooding is a huge concern. This is a buffer for those neighborhoods. And finally, I would like to say, if you're going to approve this variance,in which we hope you do not,that you should require at least a 50-foot buffer of trees from every property line,which would be in addition to the setback requirements. Thank you. Item#3 Michael Binetti Page 3 Bob Thornton: Are there any questions of Ms. Kutz? Thank you. Jack? Jack Wall: So,where is your property?It really doesn't show up there. Amanda Kutz: Yeah. It is hard to see but if you zoom in, my house, it is right where it says PD-Hl.That is my house, kind of right there above that star. Bob Thornton: Don and then David. Donald Horsley:What you're asking for is a 50-foot buffer all the way around this property? Amanda Kutz: Where it is adjacent to the homeowners. Yes. Donald Horsley: In addition to what's already there? Amanda Kutz:Yes. Donald Horsley: You don't think that is kind of excessive? Amanda Kutz: I think the request is excessive. I think it's excessive to ask to build a house that doesn't accommodate a lot,when you can build a house of that size in developments that the City has already approved. Donald Horsley:Okay.Thank you. Bob Thornton: David Weiner. Dave Weiner: Could you actually see the houses on Riddick Lane through the woods? Amanda Kutz: I can see Mr. Binetti's. In fact, his dog has been in in my yard several times. We can see his house,yes, but with the buffer of trees, I can't see into his bedroom window, but I can certainly see his house from my house. David Weiner:What you're going to get on two long narrow pieces of property are two houses that are not going to look like anything on Riddick Lane now anyway. So, if it was rezoned,you're going to get two nicer looking houses then you would on two narrow skinny lots. Amanda Kutz: We would presume that if they built two houses on Riddick Lane without the lots reconfigured,they would probably not be building them right against my backyard. Don Horsley:They could. Amanda Kutz:They could but it would be a long way to run a sewer line to Riddick Lane. Bob Thornton: Any other questions?Thank you. Is there anybody else? Jan Rucinski:There are no other speakers. Bob Thornton: Mr. Binetti,you have an opportunity for rebuttal, if you wish? Item#3 Michael Binetti Page 4 Michael Binetti: I don't know if I really understood exactly which house is hers? What was your name again? Amanda Kutz:I'm sorry? Michael Binetti:What was your name again? Amanda Kutz: Amanda Kutz. My husband and I live on Barbour Drive. Michael Binetti: Mrs. Kutz and it is PD-Hl right there. Is that the house? Amanda Kutz:Yes. Michael Binetti: Okay. First and foremost,the reason why I am doing this personally is because I couldn't afford a lot in Indian River Plantations. Obviously,the house that we are planning on designing is all dependent on what we can do at this hearing today. So, it can either go one way on a 100-foot lot, 60-foot frontage,which is a typical house whether it is in Strawbridge or Indian River Plantations,typical frontage is going to be at least 70—80 feet on any house. What it also does, if you do build a 60-foot house on a 100-foot lot,you're going to have to have a driveway or entrances pinned up against the sides of either side. So, I think that actually forces you to take out more trees and decrease the amount of buffer between the neighbors. What we are planning on doing, like we said, putting the houses in the middle of these two square larger lots.The other big thing,we're planning on keeping the trees, keeping the vegetation, I know exactly the area that she is saying. When it is summertime, I have a very hard time even seeing the house lights when they are lit up at night, but now that it is winter,and all the trees are gone,you can see the different houses here, but it is still actually pretty private. I think these woods that are back there and everyone has been looking at them. There are dilapidated houses on Riddick Lane that really need to come down,so the house that I took down was completed torn apart and needed to come down and I built my new house,this new area,there are no houses. It is the only section of wood forest that is left on Riddick Lane. I think,obviously,there is going to be some opposition because it is a pretty place.The reason for us to ask for the lot to be more or less redesigned is so it can be a more buildable lot. I think that is really going to have the structure more away from your house or any surrounding areas to be honest with you. If it was the old way,you can see how far back my house is,so it could have been all the way in the front or it could have been all the way in the back but we chose to go to the back. So, I have to take out a lot of trees in the front yard,so that is what we were trying to avoid was coming in and plowing a whole bunch of trees down. Bob Thornton: Your red light is going so I need to ask you to end your comment. I see some hands so we'll get to some questions. Ron. Ronald Ripley:Who owns the lot in between where you live and these two lots that you're asking? Michael Binetti: It's a new owner. It is a 2,500 square foot house that just has been rehabbed and they have handicap ramps around it.A new family has just moved in over the last week. Ronald Ripley: Somebody else owns that? Michael Binetti: Somebody else owns it,yes. Item#3 Michael Binetti Page 5 Ronald Ripley: They are using it as a single-family. Michael Binetti:Yes. And they were actually trying... Ronald Ripley: What about to the north of you? What's that use? Michael Binetti:That is the dilapidated Where are we, south? Ronald Ripley: To the north of the property that you're asking. Michael Binetti: That is a big pond surrounded by Pine trees and there is even a bigger lake or pond on the south side of all this that you can't see. Ronald Ripley: You can see a tip of it. Michael Binetti:Yeah. Bob Thornton: Other questions? Does anybody have another question? Jack. Jack Wall: So,would you be willing to agree to maintain a buffer? Michael Binetti: Not all the way around. Jack Wall: Not all the way around but to the existing homes on... Michael Binetti: Yeah. We want just as much disconnection from Courthouse Estates. Sorry about my dog. It is a very annoying dog but we want to maintain that and I have three kids that we recently caught them with the ice playing in the back and it kind of sparked us,so,we don't want our kids back there. We don't want them near the ponds or anything like that.So,yes, I will maintain whatever kind of buffer. Just to let you know,there is a buffer right now just from the natural development and they are just pine trees but they are kind of like everything that goes around these two ponds and then around that retention connection thing there are smaller pine trees. Jack Wall: So,you're up to maintaining a SO-foot and wouldn't'clear it and maintain it. Bob Thornton: Let him answer Jacks'question. Jack Wall: It's just general. It's not a hard - Michael Binetti: Well, I guess it would be what we're asking for these two lots to be coming from 100 x 700 and going to a 200 x 350. So, if we gave up 50-foot of a dedicated. Jack Wall: It wouldn't be dedicated, it would just be buffered. Michael Binetti: If there was any way to tell what the scale was between the back lot or where the proposed house is going to be, 50 feet doesn't'sound like it is hard to maintain. I just can't tell by looking at how much that is going to encroach in the back lot. Just so that you know, Ms. Kutz,the bigger house is going to be on the front lot. Well,that is what we're hoping for. The back one where we drew the big house for this variance,and to be honest with you just over the last months since me and Item#3 Michael Binetti Page 6 the other property owners have been talking about his needs and my needs,we actually decided to swap.The line will still be where it is but the other house that is going to go in the back and is going to be closer to like 2,800 square feet and there won't be a pool on that. Bob Thornton: Wait a second. Dave Redmond. Dave Redmond: The answer should be no because I 'm certainly not going to agree to that. I think the 50-foot buffer is completely unreasonable. We have legally prescribed setbacks for these sorts of things, and I wouldn't agree to it. I'm not going to agree to that anyway. Ron Ripley: That is a good idea. Dave Redmond: So, I think that is just going too far, 50 feet. So,we have things in the ordinance about that. Bob Thornton: Does anybody else care to add a comment? Mr. Inman. Mike Inman: I was going to suggest that there is a 35-foot buffer on the property that they own that backs up to you,perhaps a 35 foot buffer on yours would be acceptable to you. Michael Binetti: Can you just go back to the diagram that shows the easement? I wish I had pictures. There is a good amount of distance between these houses, between Courthouse and Riddick,a very good distance but I mean I guess I can agree to something, now that I am hearing. Bob Thornton: Let Ms. Oliver make a comment. Dee Oliver: I have to make a comment. I think that given the size of the lot,when you square them off, what do we have an acre and half on each one? Michael Binetti: Yes, Ma'am. Dee Oliver: I think between the drainage and 35-foot buffer that is already there on the neighbors and then the natural easement that he has is plenty. It is a wooded lot. I think we're asking him to do something that you don't' need to do. I think there is plenty of buffer here. There are plenty of woods. I am sure he is not going to turf the entire acre and half. There will probably be a fence. I think that is asking a lot. I think there is plenty of what is back there. Bob Thornton: If you don't have any more to add to your comments,we'll close the public hearing and we'll bring this matter to a vote real quickly. Michael Binetti:Okay. The only other comment is that I'm trying to just improve that area. Bob Thornton: I hear you loud and clear. Michael Binetti: Thank you sir. Bob Thornton: Thank you. With that, I would like to close the public hearing. Donald Horsley: I just got a comment to make. I think a reconfiguration of these two lots is a better Item#3 Michael Binetti Page 7 situation to develop. Long skinny lots are better to farm, but short lots are better to build houses on them. That is just the way it is but if I was going to farm it, I would prefer the long skinny fields, but I think what he is asking for is alright and I don't have a problem with it. I think with the 35-foot drainage easement and that big concrete ditch and I'm very familiar with it because I farm the other side field and I see it.We farm the entire huge ditch and it has got a concrete bottom in it. I think what he is asking for is okay, and whenever you're ready, I'm ready to make a motion. Bob Thornton: David Redmond. Dave Redmond: I move approval of the application. Donald Horsley: Second. Bob Thornton: A second by Mr. Horsley. We're ready to vote. Ronald Ripley: I am a member of the Towne Bank Advisory Board in Chesapeake and they disclosed Towne Bank as their lender. I will be voting on these 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. There is also a disclosure letter on file with the clerk as additional disclosure. AYE11 NAYO ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission has approved the application of Michael Binetti. Bob Thornton: Thank you. Is there any other business that anyone would like to bring? On behalf of my fellow Commissioners, I would like to thank everyone for attending today. Thanks to the Planning Director and his staff for their excellent work in preparing todays agenda. The meeting is adjourned. !1 .i Y 1 I{ �I II 11 .\., III II . , I 11 III, III I`1 1 1 15 II ' 1 1 • 11111 111. 111X 11 II 11 '1 I 1 II '1 11 I' 1 II 11 I� _i 11'1 11 jr __ , '11 1 L 4141 I __ '1 _ e-- \ 11 '1 II ..p _ 111,A. / 4... --'-_7r- co-.61C0 e. 0 `y I 1111 `�• �1. DI• \%; 1 111 r7 III .II _ �� . J 5 1 1. 11 _ " 1y ` 1 111 � 'I ''I fI I 1 I tip 11 1 • 11 I I I� 11 1 I 1II 1 1 C1, II, 11 \ X11 I�, ICN r� 1tit 1111 r N I,1 , a1 ICC I i tiI I , 1 I -.-r I II, I'1 I 11iI =- - - I III I ICI I 11' I 111 I , -k -ii I,l� ' � _ Ill 1111 1 1 I I I 1 �^ 1111 d ., ',% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HH VB2, LLC [Applicant&Property Owner] Modification of Conditions at the property located at 400 33rd Street (GPIN 2418925567), COUNCIL DISTRICT — BEACH. MEETING DATE: February 6, 2018 • Background: On August 14, 1972, City Council granted a Conditional Use Permit on the subject property for the development of an eight-unit apartment complex. At the time, there was one single-family dwelling on the then R-3 residentially-zoned property. Consistent with the regulations in 1972, the Conditional Use Permit allowed the site to be developed with up to nine units. The property owner would now like to make alterations to the existing single-family home and to the apartment building, and thus has requested this modification. The modifications include a reduction in the number of units in the apartment building from eight to seven, the conversion of the single-family dwelling to a duplex, and the addition of a second-story deck on the duplex. • Considerations: The proposed alterations are mostly interior, and will improve the appearance and condition of the existing property. The number of dwelling units will remain the same. The conversion of the single-family home to a duplex is within the character of the neighborhood and will not have any adverse impacts on the surrounding area. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. Staff is not aware of any opposition to this request. it Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. When developed, the site shall be developed in substantial conformance to the submitted exhibit included in this report entitled, 'PHYSICAL SURVEY OF PARCEL B, EXCLUSIVELY FOR HH VB2, LLC," dated September 2, 2016 and prepared by Fox Land Surveying. HH VB2, LLC Page 2 of 2 2. When constructed, the deck additions shall be in substantial conformance to the submitted building elevations entitled "LEFT SIDE ELEVATION" and "REAR ELEVATION." 3. The existing single-family dwelling shall not be altered to include more than two- dwelling units. 4. The total number of dwelling units on the site shall not exceed nine units. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart • :ency: Planning DepartmentAlt; , C City Manager: a. Applicant and Owner HH VB2, LLCv2 Agenda Item Public Hearing January 10, 2018 City Council Election District Beach 4 Virginia Beach Request f A ,�,hN• s �,� 5 c Iso,s' Modification of Conditions o ^w,y,,•, on se en Staff Recommendation „dwd S".' Approval ., 0 [ 3d Sva� i Staff Planner SdBDNL b ;yeVW' Kevin Kemp kikT wad 65.70 013 ON L Y Location nth,u"SQK‘ , I,„„s... ii 400 33rd Street 4. +w+ GPIN t 29,x5„"' 2418925567 $ ; ""`r a Site Size },d•`ttttt S 4 VOs°ate 11,250 square feet AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District 4 :w , 6Apartments/A-36 Apartment i9tdi 4 , „► / „di. Ap.., Surrounding Land Uses and Zoning Districts 5 �. „_;,. till' North •33rStrats' , 33rd Street f - .: Office &Apartments / RT-3 Resort Tourist `,4 `;) -,v .�.,,,ir` ; 1 ' South t. • . .a, . . *. "° i/ , a. w A:: tment5 rt/A24 Apartment ) _. - i r g0. , t } I 1 wit Arctic Avenue �•, ,�,. 0. Post Office/OR Oceanfront Resort a _ , cup ., , West . ;,. - Single-family dwellings/A-12 Apartment s i V % 40 4 --- ' ) III HH VB2, LLC Agenda Item 4 Page 1 Background and Summary of Proposal On August 14, 1972, City Council granted a Conditional Use Permit on the subject property for the development of an eight-unit apartment complex. At the time, the site was zoned R-3 residential and had one single-family dwelling on it. The use permit allowed the site to be developed with additional units; nine units in total.The property owner would now like to make alterations to the existing single-family home and the apartment building, and thus has requested this modification.The proposed alterations are described below: • Interior renovations to the existing apartment building. The total number of units will be reduced from eight unit to seven units. • A two-story deck will be added to the existing single-family dwelling.The deck will square-off the footprint of the home. • The second floor of the single-family home will be expanded (not outside the existing footprint). • The existing single-family home will be converted into a duplex.The first floor will be one unit, the second floor will be a second. No substantial alterations are proposed to the site.The number of dwelling units on the site (nine) will remain the same. The existing single-family dwelling is 4.3-feet from the property line adjacent to Arctic Avenue, and the deck addition will not encroach any further. A-2a A_ 2 2 RT-3 -18 fes! wit ,7a/� Zoning History OR•;DNL # Re uest q 1 CUP(8 Apartment Units)Approved 08/14/1972 , s 2 MOD Approved 06/07/2016 A-12 .. A-24 \�9 2 A-12 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Staff recommends approval of this application. The proposed alterations are mostly interior, and will improve the appearance and condition of the existing property.The number of dwelling units will remain the same, and staff feels that the conversion of the single-family home to a duplex is within the character of the neighborhood and will not have any adverse impacts on the surrounding area. HH VB2, LLC Agenda Item 4 Page 2 Recommended Conditions 1. When developed, the site shall be developed in substantial conformance to the submitted exhibit included in this report entitled, "PHYSICAL SURVEY OF PARCEL B, EXCLUSIVELY FOR HH VB2, LLC," dated September 2, 2016 and prepared by Fox Land Surveying. 2. When constructed, the deck additions shall be in substantial conformance to the submitted building elevations entitled "LEFT SIDE ELEVATION" and "REAR ELEVATION." 3. The existing single-family dwelling shall not be altered to include more than two-dwelling units. 4. The total number of dwelling units on the site shall not exceed nine. 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. Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area (SGA).The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for this SGA and identifies the potential for three distinct yet complementary districts: Laskin Gateway, Central Beach and Rudee Marina. The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life, the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. Natural and Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1-60 ADT Arctic Avenue No Data to Report Proposed Land Use Z 60 ADT las defined by nine apartment units las defined by nine apartment units Public Utility Impacts Water & Sewer The site currently connects to City water and sewer service. HH VB2, LLC Agenda Item 4 Page 3 Proposed Site Layout FLOOD$ O1414/0I .. ••�+'1 M../.NOWA Nl 00 to I 1 lints halo M ■t AVP4At WAS*IO11/0 IC IE OM If 0a RNA OWCE SPS sr, T 11010II60 ..:IIPS I ft WO roman LIMO 4.111 NO 1,)-AM;10 N4 Cry o1 Woo KNot wow COTS ry Pram No SPAN mu o s1I:.AIOIfD'lc ^ arA/Ir•- OS ,s- /;r b J. P fs 7J , 1011 um 10.04 IK.LLL 4 sol 1 ram N 141e10106 Mt 40001011$ICR 100 4811041E ON lIt Wan 910N1 10444 11K OW 0013 4m NAN NW TO P OIO O al pt N{l 101 R MOO le AMMO IR IM4IOl NW11110N R 11t UM Oa1111f►11000 05101t_ . fK SIVA►1111 PORN®WNW M NMI Or A MU WONT NO we WI 0011 NIT11ta ERIOBRS 01 ICl/W006 sob Wr NMI SAO MOP. 4 Wes INS 1111 MOS 111 10110 IO WINS ✓191106110I Or WI) a P[ PARCEL 1MONO 1 WW1 A MINX Or T al,- Q vw71A oak M i1►OD , �`1 I. selostio•wrsao'(79N.'s'pii_V- 1�i • 0 - r nit MI y r es..-- MO1e lit ODI®If A rif as 9DrrA1_, I ri,_ >4r �-p PPM a Qom M tot aS'ort a 1rryCC�ir Or *US+MOOI0.t if)' Parking area 11' 0 i ky St1lISTn ' 1Y1.IN...a Uir r. - + e •i v ( & I7 M O1. !iI ' Area to be expiinded ?CEL �'1`I'� PARCEL with a two-story deck Il w ? ,� .4 Existing Apartriert Bui'ding I h :I 1r era To be reduced from I r sw Ins & tits ro J umrs �. K • ....._ A t-It.r =CS Vers „—L� *°"`mn v } i 1/2/4231 11r. C Q 3-3-+ 0 ry 111 t C N ,1 I w N,1tr 1 A 101a (i aiiI� • 0 Existing Singlet ., n. ~� i n a Family ' _ 1e exami o be I r oval)lir Ma `r f+•s,,-,,,,,L,.._641'01 converted to a ;I I • - 7e dllpieX Mr ' flab WI ,1 . Parking area ' 14. I DJ'1�'!Y'! Tt 7'!P. 71 77 Ll 33RD STREET v c S tits R to corer?noo ON X MO I.IOW 1 SONOID IV r'OMO SNOT+04 no 4.0 40 N11 Dt NOM N[S OF IE[Ola ss P10R N 0.0 2*1.P.30 40 TME WALLS 01 14 *Atom Of 4 OOIM OM INS IU1 tit 1141005 T010 W111 Nit 500 MOW MS NO et*t/0t NO 0010040.0 CP uf4A 0.40405 Os M 001,03T.I*YTP1 AS 91110 Mt W0 4114140.11C 'Ott In I.Up U014'lto salts, 1' • V. PHYSICAL SCRVE1- slim I 01 1 401.1R 0LI Opp; t Dom a 105 w'"'°`"G PARCEL. H ^ 1 EtESUBDIVLSJox of PROPERTY (TRAVIS M. FCX x s.1, 11t 1k 1sT dotal > LL NKI10HN PARK U2. Ne..2875 PUT ktt'OR0I3 Is Dr IJ 14(.4 AT•4I. PAW. las. 11 TIM CL£444 ► is 0P►11T TI T14 HN".IT COURT CO Tilt C TY 710601111*11644,v/Sh:Ic.1 ar trlur�.w YIRGIh•IA BEACH. VIRGINIA �4' . O a."I '„..1 UM HH V� L.LC SUO V. ...r.4 104:.,1 474 D1+/c1l: Till 1100111 16ACR.Is Ira. t T.Ss-S21-I2 T I'1IlatP zoiel is,111-014 HH VB2, LLC Agenda Item 4 Page 4 Proposed Elevations 12 sr 777. _ — Roof New two-story —"--C-LL deck � �l��11.111111M ll11111111 (E)haw n[Z _ 1111111111 I[IIIIIIIIii _ l 1 ---T II — – LEFT 51DE ELEVATION SCALE V4••r-0' • (E)Ii00F I n ' New two-story --- 1II11llll1I1111I ./ deck n 1____, ..111111111111 II - I\' _-_I II I REAR ELEVATION ' — HH VB2, LLC Agenda Item 4 Page 5 Proposed Floor Plans New two-story 1.---- , deck 1 , ',, 131-Sisl 1 . .'- ,..,'1 . , :--.=--p 0_, IRWII , -, _ prz.i: • .1 .' 1"11 . 1. . .___ __J• i• D4ifil fl'Ir; 1,4 A WEEP I ' - I. ....., . ri7y2B RIF Ecxdga f. .., 11 , ... - -_-, ,,-- -----,_____L - . - FIRST FLOOR "UNIT A"PLAN 1.031 SF cr. ..4--z,vi•I;F ___ F " ' UMW P TO X 1104,49 01011110 WU 10 11100.94 IM=M NM V1411.001111,111010t4 (9 iposittrr rom i MKT I rasp ram DreaCl m To, 6 P012 0011101040t - 20,410%011%%Ai t , na..4..... rA• New two-story deck - RR . . . .* b k 1052 ...... ,—,. . ' gWill E 1 . 1 * I) • .,,, 7 .......„,, .... ....„ .• „,, : ' a ' - 5'4.1 26712- I 0 0 e 4. OW Ir-V. _ < -4-----------1 .11 -1 . Er... :_-: ,,,,..7 ::-_,,, \- E, HH VB2, LLC Agenda Item 4 Page 6 Site Photos * .5 .. • "'••.4 , .., . , ..4. -....-- i •,. ----. -,.. '.. -. ,: --r--- _„........... ...._, . ;-.,:. i; ......... -• .st„, ,,,i. ....,„,, .. .. ... .. _ ..:. •::<•• ' . - --.--. A _ .•• . . a 'iktk,. 1%..-\,,, ,..... . ,..,..„.4,er ._ •-::. . . i • •:,. -4,-”. :-.“ •,- -L--i,-- • - N , ---, :---1,. W . 11 . a II dr..._.. - . .. _ . ., oF ,,,..„., .-4,... ,.. • .1k.N. I.- . , : . f , ,, A...A ,..- i 1 . ,.. .-. . 1 P , 4. ___, • 4 _ . ,• ---- . • 1 1 I r - A, -.-= r , __. , . .. . . .,. .. ....,.... 04.4. .,3.44. _ . . 4. l41i11-n11.11._'•.-_, "...I"I I,... ...,.1.'._"1I•?.I.,a 1•'I1',1' -: - . -, , , iI/, -/'-0rI.• AiZr.;i•"'..:'*.•1/4'':.*'..,':':'',.-...7'.-.:....'.•,.:.,''..:.k."'--.. 1..3., , k,'40,•,'f,,7..4..,0"".":.'.2',.,-7......-•,- •..:.• „-•...... 4 . 0 '' ,O 7: . ' ' -:'"--.. -' . e 4 11 . ".,0.:.4•„*, •..•1 t•' . -...,... .:--ti,r,-,k'-',7-'2.:-.--:f.:-:-..•-.--s,-,,,::-_,.:•,.. . -,. i. k..--- • •;...,:•....4:.-:-......, .. ... HH VB2, LLC Agenda Item 4 Page 7 Disclosure Statement APPLICANT'S NAME HH Vat, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of _by City Property Conditions or Proffers Alternative Economic Development I Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) __. _ I Board of Zoning Encroachment Request Rezoning ;Appeals_. ... _. y Certificate of Floodplain Variance Appropriateness __ j 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 CRY USE ONLY/All disclosures must be updated two Ill weeks prior to any Page I of 7 v:arn„n Commission and Cu Council mental that eao rhe a ncmlon(s) ❑ I APPLICANTNOTIFIED OE HEARING DATE ra I NoO CHANCES AS of DATE • REVISIONS SUBMITTED DaiL Kevin Kemp HH VB2, LLC Agenda Item 4 Page 8 Disclosure Statement Y3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:HU V82, LLC If an LLC,list all member's names: Members:W. Matthew Harding; Brian Horan If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach fist if necessary) See next page for information pertaining to footnotesI and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner Is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OW ER 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 HH VB2, LLC Agenda Item 4 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means "a relationship that exists when one orporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§22,3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when(I) one business entity has a controlling ownership Interest in the other business entity, Ili)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§ 22-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratiny pr 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 HH VB2, LLC Agenda Item 4 Page 10 Disclosure Statement 1/13 APPLICANT Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if needed,_ ® ❑ Accounting and/or preparer of McPhillips,Roberts8 Dean your tax return Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(If other than the Applkant)-Identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaserts)and purchasers service providers) I • n Construction Contractors Summersel Development • D Engineers/Surveyors/Agents Fox Land Surveys • Financing(include current i TowneBank mortgage holders and lenders �� ❑ selected or being considered to li provide financing for acquisition or construction of the property) • k l IT Legal Services Sykes,Bourdon,Ahern 8 Levy,PC Real Estate Brokers / ❑ '�' Agents/Realtors for current and anticipated future sales of the subject property 'Harty R.Purkey,Jr., Esquire e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 HH VB2, LLC Agenda Item 4 Page 11 Disclosure Statement Virginia Beach ICEBTIFtCATlON: 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, V8DA meeting, or meeting of any public body or committee in connection with this Application. _ HH VB2,LIC - • W.Matthew Harding, Member PRIM NAME DATE • Page 5c`] HH VB2, LLC Agenda Item 4 Page 12 Item#4 HH VB2, L.L.C. Modification of Conditions 400 33rd Street District 6 Beach January 10, 2018 CONSENT An application of HH VB2, L.L.C.for a Modification of Conditions on property located at 400 33rd Street, District 6, Beach. GPIN: 2418-92-5567-0000. CONDITONS 1. When developed,the site shall be developed in substantial conformance to the submitted exhibit included in this report entitled, "PHYSICAL SURVEY OF PARCEL B, EXCLUSIVELY FOR HH VB2, LLC," dated September 2,2016 and prepared by Fox Land Surveying. 2. When constructed,the deck additions shall be in substantial conformance to the submitted building elevations entitled "LEFT SIDE ELEVATION" and "REAR ELEVATION." 3. The existing single-family dwelling shall not be altered to include more than two-dwelling units. 4. The total number of dwelling units on the site shall not exceed nine units. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson. AYE 9 NAY 0 ABS 2 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ronald Ripley: I am a member of the Towne Bank Advisory Board in Chesapeake and 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. There is also a disclosure letter on file with the clerk as additional disclosure. Mike Inman: I am a member of the Towne Bank Advisory Board in Virginia Beach. 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.There is also a disclosure letter on file with the clerk as additional disclosure. Item#4 HH VB2, L.L.C. Page 2 By a vote of 9-0, with the abstentions so noted,the Commission approved item 4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. I 1.4 e L..1 If) , ,L, ,,.,..,..,,/ ,...,... , ,. .. .. . „... ‘, , , . ,....,,__., , ,. ,. . . , , .,. ' 11217--3 II ,h_i til __ _I .., Ca LA , ,.• , e .',. ., . _. , .1111. , . • .----IIII ii_ • . ,,,-- --,._ . - - ., . 1 II I [ 1 i i • l riii ,11 . . . . . , .. II , L i i 1 II 1 ! I . ,...,. . . . I . -. IIP • 1•- •i I. . 118. ___ . 0 _ - inglill r- - 03 ' - ' 111 iL i 1 . ,.„......._ , / A h _._ __,.. „......., : I-I, . 6 1 , .... _ i, - T FIT , $ 1--- ,....... .. i ...___ _ cc iiiki _Laillmill 4,4; ... ,4:. i ---___40.44;„....,. , ii.. ._____1 1,. 44 ' I iii. ..,.,boil • .• , _ CO ..41.,j;iir,,,,i4,.1.:r,..4601. I ..;.1 .• _ P -... , ,.- • -'--7Er 7::. ::*:.--,:;',--.4-1...1 rc.NA ...,, ..„ ._ 4, .1 il ._1. 111i1 . Ca. /. .....: ..-. .......... _ , . ,_. 040,1r *I . i ,. I ,-..r•L il. 11 1..„•„, __, ji it ,41411... .• 40 Ir" .1-- •... dr/I6A. / 04...1 Cr) iii ............I i —.......I 1 14 / / I t 5.111. ./. Np -..-.:Wit Al ___...:. ..., rf L . ) ,. . 1 1 ,,....:7.7.- _ ...",/ I i• W -'" ' -,-,- . -7.. v ,./. . . ::?1,tiy. - , , 1111101 ienrj.-1 —......_.__,_ I IN INIPIP • -'7 e , a' ' 1111111' .'6. iir ' . . . . CI ' . 4174, . , . . I / ' ' 4 ...II..I' •rit is AJ 1 /I ,t1tir.•;1 / .., ell"ir . .._ 4,; . . ';„ t--. --- gio / i _ J aci, e .., 1:4hia. E17111.- .—_, • I ' ' ? ../ •• (NI ' ) I. . --.......„,.....,_. . . -----,...... WI ... ,; 1I li ; ; ----17. 1.--_11 r.a. I, V . - (-....-_ : ; ,, r — , , „...... . , 1-••••„ 2 : s •_.._ . er CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH [Property Owner] Conditional Change of Zoning(B-2 Community Business District to Conditional A-24 Apartment District) at the property located at 273 N. Witchduck Road (GPIN 1467758675), COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: February 6, 2018 ■ Background: This is a request to rezone an almost 11-acre site near the Witchduck RoadNirginia Beach Boulevard intersection that the School Board of Virginia Beach has declared as excess property. As the site is currently zoned B-2, it was originally marketed for use as a commercial property; however, due to the limited frontage and a single point of ingress/egress along Witchduck Road, this effort was unsuccessful. Specifically proposed is a 240-unit mixed-income apartment complex within six buildings. The applicant plans to apply for tax credits for 80%of the units, whereby residents would have household incomes no more than 60% of the area median income. The proffered elevations depict contemporary buildings with design elements and building materials that complement the adjacent Renaissance Academy. Proposed amenities include a clubhouse with a swimming pool, a dog park and a tot lot. • Considerations: Although apartment buildings were not originally included in the vision for the Western Campus District of the Pembroke Strategic Growth Area (SGA) Plan, the proposal is consistent with the broader vision for the SGA. Introducing new, medium to high density residential within this predominately commercial area forwards one of the Plan's six Development Principles of providing a compatible mix of residential and non-residential uses within reasonable walking distances of one another. The proposal also addresses a demonstrated need for high quality, mixed-income affordable housing. Further details pertaining to the request, as well as Staffs evaluation of the rezoning, are provided in the attached Staff report. There is no known opposition to this request. Franklin Johnston Group Management& Development, LLC Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • 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 Depa.m= t/Atency: Planning Department jr_ot picti±-1:1 City Manager: it —tet, Applicant Franklin Johnston Group Management & Agenda Item Development, LLC Property Owner School Board of the City of Virginia Beach 5 City„i Public Hearing January 10, 2018 Virginia Beach City Council Election District Kempsville Request Conditional Rezoning (B-2 Community w �'S """"S' \\% a.� A tom' .er E.+k:,.sow Business to Conditional A-24 Apartment) Q B`*A . K «alter», s t ,°•te.,,r,., t tr Staff Recommendation .p1I i MaM`St"" ; t 2 E . Approval RoadSt.eet 8 Oft I 1 a Staff Planner Fi '� 1 Ashby Moss : —II i lk ' I Location Barrow t,... °°°��y Southern Audenaa Road ty a 273 N. Witchduck Road F G P I N b. 9'es.5<.'` 3 ‘I= je�'` a0„K 1467758675 �/ .`..„„, �! ), e�, Site Size 1 / "` '°' c P,,, Ha„�.�.,,Orme 10.69 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District .. ..r r a ;;� <. ,•,j,, _ Mostly vacant, partially used for overflow -_ . • •k ��r., �f�1.= `^ R!i!,w '4(160' parking by adjacent businesses; formerly a't:• : c, r r�,, , : Virginia Beach Central Academy/B-2 ti �� Community Business �f''w, 4,14 r I - Surrounding Land Uses and Zoning Districts I `- "'i �` North �` ` Auto parts store &furniture store/ B-2 Vi- F,, _, Community Business r 1�".'4 v: a. ti South 4�^'�.,,,, %J '`v,t, s Renaissance Academy , :ft ; „.r. "*; : 4" `,,,,, ,,. School/ 1-1 Light Industrial ' • ,•- '�� F.%,; �; East c'1,4t444..,. rr .. Witchduck Road Pie ' 'Yl "••••••.,-,t .r Commercial strip center/ B-2 Community , tP fY c, %",� _w.---, L .. a Business ,4 .'+`fi • =- �' West ” , I . .. .a_~"'ti Office complex/ B-2 Community Business Franklin Johnston Group Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant proposes a 240-unit mixed-income apartment community comprised of one, two, and three- bedroom units on the 10.58 acre site (23 units per acre). • The proffered site plan shows six detached apartment buildings, 478 surface parking spaces, a two-story clubhouse, swimming pool, dog park and tot lot, and three stormwater ponds designed to also provide an aesthetic outdoor amenity. A network of sidewalks connects the buildings to each other through the parking lots and to Witchduck Road. • Vehicular access for residents and visitors is limited to one right-in/right-out access point on Witchduck Road. Interior gates restrict access beyond the front entrance and clubhouse area. An access for emergency vehicles only is provided from the neighboring Renaissance Academy. • The proffered elevations depict contemporary style buildings with some design features, materials, and colors similar to the adjacent Renaissance Academy. The four-story buildings will be constructed of cement fiber board panels, brick veneer, and commercial grade vinyl siding. The buildings are divided into modules that project and recess to provide variation in the vertical and horizontal planes of the building. • The applicant will apply for tax credits from the Virginia Housing and Development Authority (VHDA) for 80%of the units.This would cap household incomes for those units at 60%of area median income. • The applicant may decide to pursue tax exempt bonds for financing through VHDA for the remaining 20%of units, which would cap household income for those units at 150%of area median income. • The project is divided into two phases, with the last two buildings on the north side reserved for the second phase. _ r .. A-18 A-1QS = - '*Q4 /8//?/$AttIIbih,1ki Zoning Hiory # Request ® R _.s 1 CUP(Line-of-site relay device)Approved 02/01/2000 7 2 CUP(Automobile Repair Garage)Approved 11/12/2013 %- .i:"--.. _ STC(Portion of Jersey Avenue)Approved 06/23/2009 41 ..- - g 2 CUP(Automobile Sales and Service)Approved Irk. ��i� - A, `r12/02/2008 r e. STC(Portion of Jersey Avenue)Approved 05/23/2006 'ill i'.1-§, I !! 4.. 3 CUP(Adult Day Care)Approved 09/10/2013 -Wirt 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 1 SVR—Subdivision Variance Franklin Johnston Group Agenda Item 5 Page 2 Evaluation and Recommendation The subject property is one of a few of excess properties owned by the City of Virginia Beach Public Schools. With the help of the City's Economic Development Department, Schools initially marketed the property for commercial use consistent with its current B-2 zoning. However, due to limited street frontage and vehicular access, there was no commercial interest in developing this site.The applicant submitted an unsolicited offer to purchase the property for multi-family residential, contingent on obtaining zoning approval for that use. Although apartment buildings were not originally included in the vision for the Western Campus District, the proposal is consistent with the broader vision for the Pembroke SGA as described in the Plan's six Development Principles. When the plan was adopted in 2009,the subject site was tagged for a new elementary or middle school since it had been the traditional practice of Schools to retain all of their property. However, with declining enrollment Citywide, Schools has deemed this as excess property to be sold and developed rather than continuing to sit vacant. Introducing new, medium to high density residential within this predominately commercial area forwards the Plan's principle of providing a compatible mix of residential and non-residential uses within reasonable walking distances of one another.The proposal also addresses a demonstrated need for high quality, mixed-income affordable housing. The site is well-suited for multi-family residential, given appropriate buffers from the adjacent commercial properties lining Virginia Beach Boulevard.There are bus stops headed in both directions on Virginia Beach Boulevard within easy walking distance of the site. Once Witchduck Road Phase 2 is complete, residents will be able to enjoy the improved pedestrian infrastructure to access the expanding public transportation network. Based on the considerations above, Staff recommends approval of the request subject to the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Renaissance Apartments", dated November 30, 2017, and prepared by Cox, Kleiwer& Company, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kleiwer&Company, P.C., entitled "Conceptual Elevations—Renaissance Apartments", and dated November 30, 2017 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Upgrades to the architectural design and materials of the multifamily residential buildings constructed on the Property shall be permitted subject to approval by the City Planning Director. Franklin Johnston Group Agenda Item 5 Page 3 Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Overall Site Sheet Index—Renaissance Apartments", and dated December 1, 2017 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping may vary from the Landscape Plan depending upon the availability of landscape material at the time of installation. Proffer 4: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two- hundred forty(240). Proffer 5: Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff comments: The proffers address site layout, architectural design and materials, landscape design, signage, and the maximum number of multi-family dwelling units in order to ensure the end product meets or exceeds the level of quality presented in this rezoning application. 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. Comprehensive Plan Recommendations The Housing& Neighborhood section of the 2016 Comprehensive Plan frequently emphasizes the importance of a varied housing stock with "affordable housing alternatives for all people, including members of the vital services community, young professionals,the workforce, families, and senior citizens" (p. 2-63). According to the 2017 Virginia Beach Housing Needs Assessment, Market Analysis, and Re-investment Study, the City's affordable housing stock is decreasing while our population of low income households is increasing (p. 3).The Study goes on to demonstrate how neglecting the problem will lead to further deterioration of our aging housing stock. Recognizing the challenges private developers face financing low-to-moderate-income multi-family rental housing, especially units priced for households with incomes between 30-80%of the area median income, the Study recommends the City offer a range of incentives to encourage private developers to fulfill this need (p.6). The property is located within the Pembroke Strategic Growth Area (SGA), the master plan for which was adopted by City Council in 2009.The Plan identifies six Development Principles to guide future development throughout the Pembroke SGA(pp. 15-18): 1. Efficient use of land resources 2. Full use of urban services Franklin Johnston Group Agenda Item 5 Page 4 3. Compatible mix of uses 4. Transportation opportunities 5. Detailed human-scale design 6. Environmental stewardship More specifically, the site is located in the Pembroke SGA's Western Campus District, envisioned to become a "mid to low-rise academic village and service district" consisting of a mix of commercial, office, residential, and educational facilities (pp. 35-36). Building heights should not exceed a range of 30 to 50 feet, and open space district-wide should equal at least 40%of the land area, three-quarters of which should be green (p. 58). Natural and Cultural Resources Impacts There do not appear to be any significant cultural or natural resource impacts resulting from the proposed development. Traffic Impacts Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP shows an ultimate eight-lane facility within a 155-foot right-of-way. Currently,this segment of roadway is functioning over capacity at Level of Service D. N. Witchduck Road in the vicinity of this application is under construction and will be completed in early 2020 as a six- lane divided major urban arterial (CIP 2-025, Witchduck Road-Phase II). Enhanced streetscapes will include moving overhead utilities underground and constructing a 16-foot-wide sidewalk with brick paver accents, street trees, and street lights. Access to the site will be limited to a right-in/right-out only from Witchduck Rd. The developer will need to coordinate with the contractor for the Witchduck Road capital project in order to install the required right turn lane, curb and gutter, and sidewalk at the correct alignment on Witchduck Rd. Street Name Present Volume Present Capacity Generated Traffic N.Witchduck Road 47,814 ADT 1 42,100 ADT'(LOS°"D") Existing Land Use z—5,940 ADT 48,200 ADT 1(LOS°"E") Proposed Land Use 3—1,596 ADT 'Average Daily Trips 2as defined by 10.8 acres of 3 as defined by 240 multi-family 4 LOS=Level of Service 8-2 zoning dwellings Public Utility Impacts Water This site must connect to City water. There is an existing 16-inch City water main along North Witchduck Road. Sewer This site must connect to City sanitary sewer. There is an existing eight-inch City sanitary sewer gravity main along North Witchduck Road. Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Franklin Johnston Group Agenda Item 5 Page 5 School Impacts School Current Enrollment Capacity Generation 1 Change 2 Point O'View Elementary 702 707 24 24 Larkspur Middle 1,523 1,763 10 10 Kempsville High 1,632 1,969 11 11 1"Generation"represents the number of students that the development will add to the school. 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). Franklin Johnston Group Agenda Item 5 Page 6 Proposed Site Layout NORTH lili : 7., 7 e �!!! -?yip _, . , II :a7i. . i , 7 ,f . 'r Nk ii ---7:40..,,,„,, % it IrI 1 ejs' i • tril ..-- •,..- . , 0 '. I: ,..11_________ ',_. 4NL fj . ..‘::----\\. ,j rr Y'. a IP 'n '.- iV',✓1.11.1. • a: b j •\ .. - `< ►/ `tri.•7. ��;� itch t I • DEVELOPMENT DATA „u„,� a tick :--_....._ ... . 4'R SRt: 471 10•9 O / MI AGNS-I. 3.4110•111.1..,,41,11,11(1.4, 0111S/A0B: 222./ •IxR11.1..1,1 1 _3•pYttINC..“11. ,. 1.3 •1.•N'*1;21"411.41f 1.3 •1bi l/, �t" J/ . 1 I1 41'+ All •w..0'210,11l Yl: X= . 1'411,11 n1: WM .,4 \ 11 ‘,1.R •YAaIlORMCK I?) ,,,,,4.111u.n rNS I?! 1,311,471107,1 ") •a li7/_1 141 - 1 w0[ 01011.111I it :A.IS-., al +' FRANKLINJOI-INSTON Cox,Klicwo.S. I141,,[h,,1. I w1 '1!GAOlID I I dill cul.I'I RENAISSANCE APARTMENTS WIICHDUCK RD. I%14 }, '.I,-,,x+. VIRGINIA BEACH.VIRGINIA NOVEMBER 3a 2017 Franklin Johnston Group Agenda Item 5 Page 7 Proposed Landscape Plan 11 11 QI I 011 0 10 . 0 II1 1 011 0 _ — NORTH S44 - 0 C' I I ilk I I I 111 0 I 0 !try:. 1. I I i Maii;1 C666. (:;1 r-Vil T01 l I' ��1 r_ I. _ __,. i") 1 . aLi IF 01,6-_ir 19:-.--‘1 r t f l - 1LL' ---1- 1 I 1 ,' errF , li 1, . ,,_ ,„,„ ,. ., 1 . 1 1 _ ,, I _,._,__.: _i_ di, - 1 r .1 „ 1 ,_t_ II --1 � _ ti.. -- I11 ! IIIA - —t1/2 ' 1 I Il I I ' 0 I I I 1_'_i_ " , , i0 CO. d. ya h 1! ' III 11111 - ' 11 �1 , + 01 i.. IIQIIIIIr [ r (14 , , ,P' ‘.--:-Y2..::•,- too aighorril- �. I.� —' 4 11?r iT-v Ft-:„--_:_:2-1-NaLLLIiiiiii; ; . r 11 r •- � .ems _ 11` 1 > -`'�� Witchduck Road ` _ �� ' =-- --_ . Franklin Johnston Group Agenda Item 5 Page 8 • :HLINE iHEET_'5913 0 _._fir- `,j_ 1 , — _ _ -� �;, • EVERGREEN TREE P. °o I I T �,NP' ' �dC • L I I ,se:l A0' t • i. 2 °o 16'WI.•LANDSCAPE UFFERr— V', BUFFER PLANTING(TYP.) o PARKING LOT SHADE TREES I `r� °o DUMPSTER SCREENING PARKING LOT SHADE TREES-—°oo 1 I I •.1 p 110, 0. 1 . 1 AI 0 °Q ° -- r.. V °i 1. EVERGREEN HEDGE PER CODE V47 .. r PARKING LOT SHADE f EES I' __ o0 °o • I kVA •a °oo 0 .eV' °° d =rte • FOUNDATION PLANTING _ ", ,te, /°o -LW ° 0, o 15 WIDE DSCAPE BUFFER-17_ Fl► EVERGREEN TREE(TYP. / $ e °°° ' . I G VP �O •` ..—. / �— IPV, CATEGORY2 �p� opao oopD o - BUFFER PLANTING(TYP.) - - ° oop ea - 11 `�0 .• 000000° PARKING LOT SHADE TREES 1 -• Pia 17. SAV ' II _ )rII ."`~��' - 1• • PARKING LOT SHADE TREES Io • o .�. • �.� ° qe� _ ( o° • %IAPARTMENT FOUNDATION - ' Tv, oii, 0 PLANTING ° —'-- __�``_ .. - � 00 0 00 OC:e.°� ()oa oi..?aeoOOO ?yoo ° 35'TALL HEDGE WITH STREET TREES VVitCh oo 000c 000 duck Road SHADE ) 1 SS 1 e2 • • • Franklin Johnston Group Agenda Item 5 Page 9 MATCH-114E 1117 _ 40 SEE SHEET-551.- �� APARTMENT FOUNDATION�;t!'pme TV° T �_s•„� -r ‘4c PLANTING • , . 44 , o I i 1 , _ 0 1 -. '' • . o o II EVERGREEN HEDGE PER CODE ' - - _ _ ,,1 i L '' 'I EVERGREEN TREE(TYP.) I I or -- r _ -.- - -- (0 CATEGORY 2-- I 'II',, L--- BUFFER PLANTING(TYP.) 4. PARKING LOT Imes .--- :^ I'I '1 PARKING LOT SHADE TREES - '4 I' I I -__- - APARTMENT FOUNDATION i II I PLANTING I -i• ) •___ _ __ _.. q40 -1Ti0 0 I I I • I ' a (0000006 PARKING LOT SHADE TREES DUMPSTER SCREENING r.,1I I O I - I ‘j") 0000 I I i_._ I 0 ._0 ___I 1 :if1I�IF-� a r--_,-i_ - _ -I I tMt < —1 __ OP. .u SHADE TR�TYP.) - _ _ - i�i; \Y _ _ 1 CATEGORY? - .w APARTMENT FOUNDATION I I I OI BUFFER PLANTING(TYP.) i� °O PLANTING _ `��A,G—._I,E r ■ n — ' I I 1 SCC S-•CC`-5.s,2 SS 1 .3 Franklin Johnston Group Agenda Item 5 Page 10 ° • • • • • • • • • ask • 0RKING LOT SHADE TREE PARKING LOT SHADE TREES 0, EVERGREEN HEDGE PER CODE ie,► - - •e' I t EVERGREEN TREE(TYP,) - APARTMENT FOUNDATION CATEGORY 2 :PLANTING BUFFER PLANTING(TYP.) - iq PARKING LOT SHADE TREES - I 7P • • I I I • " • SHADE TREE(TYP.) PARKING LOT SHADE TREES ATGHL INE ° m,- (el0 EC SNRT—551.3 SS1 .4 Franklin Johnston Group Agenda Item 5 Page 11 Proposed Building Elevations • rnn:arr.r n•r,m:rxn xm • r c-rr�ra rr. 1 IfjLIH. Il I I I_i —w 1 ( JII��I I J • lilt 11 11 .. IME - arrx.uanM,acx a:nv�,oc piIl = 1 11 IP iv 11 11 ;,to b BUILDING/1 ELEVATION FACING WILCHDUCK RD.(REAR SIMILAR) c _ -... H— III 41f�1 rn:�..n..:....l....m��rlr-rr-cw rs.Ill CC CIHMI aix. I._X. ;1 f1• I�11 11 H1 ill i1 I !1 ■ 4anT4.- -C MC.M rp 11 11 i I ,rR�w .. IME II NM .� TYPICAL BUILDING END ELEVATION(el BR.UNIT) CLUBHOUSE ELEVATION 41 FRANKLINJOHNSTON —C,DOu0 Conceptual Elevations RENAISSANCE APARTMENTS WIICHDUCK RD. VRG,HIA BEACH.VIRGIN A NOVEMBER 37.2017 Franklin Johnston Group Agenda Item 5 Page 12 .ice Site Photos - .4,/ if - Ar_.,. ,_ ''''-''-.tie. . '► Jt 1r %; . '+v-� ,mo i . '' - '� A-"'`'r+ �. - . : • a .- • a f�,F�-.. ..-` .. .... ,.. ..4., .., _ , _• • , ` tui;. .. . ' -�a I �w: • yn . rte` . �i� ' '. i� .. - mac. ij �x �� s a _ %° r r Renaissancei . i ar .,bi. . t -- Academy � .�_ q 4 Al i 4itb. o - ._ c� ,, . , .4.,.. ` Iu 4? ... _ 1_, .... ,11, .* I • ' '-';-‘,..__., • 1 . ir ' III I . "1; ? ‘ir: 4.6' I.: '•�; - 1 . ti., ille -- i.,if, muscle _...._ eq.,. ..,:, 4 1 , - : . . oe t4i a 1 s "v... .� a;.err .-� .. I _ ��• l• • t 'VT `' .fid .' r. _ ..,r-' _ .. .s-•c Y. .r P .�..c7w_. .1b. • y f - View from Witchduck Road Franklin Johnston Group Agenda Item 5 Page 13 Disclosure Statement Virginia Beach APPLICANT'S NAME Franklin Johnston Group Management 8 Developmv.,`i DJ DISC LOS U RE 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 i Exc ptlon for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness ---' i Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area I Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Ji Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page I of 7 ~—I '-`-i• lit Ashby Moss (*Sever Franklin Johnston Group Agenda Item 5 Page 14 Virginia Beach n Check here if the APPLICANT ISNOT a corporation, partnership, firm, business,or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Please see attached. If an LLC,list all member's names: Please see attached. If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below'. (Attach fist If necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:School Board of the City of VirQnt,E -d- If an LLC, list the member's names:N/A Page 2 of 7 Franklin Johnston Group Agenda Item 5 Page 15 Vi:V.ieJ Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list If necessary) N/A (B) List the businesses that have a parent-subsidlary I or affiliated business entity 2 relationship with the Property Owner: (Attach Ilst If necessary) N/A "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§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,(ill a controlling owner in one entity Is also a controlling owner In the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the aoolicatIon 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 SEPARATELY Page 3 of 7 Franklin Johnston Group Agenda Item 5 Page 16 APPLICANT Virginia [YES f NO SERVICE Lf PROVIDER ruse adaaiend shuts if ._. ..needed) XAccounting and/or preparer of — — your tax return n ❑ Architect/Landscape Architect/ Cox,Kliewer&Company.P.C. Land Planner ❑ Contract Purchaser(If other than ri the Applicant)-identify purchaser • and purchasers service providers Any other pending or proposed ❑ Z purchaser of the subject property (identify purchaser(s)and purchasers service providers) • Construction Contractors zn Engineers/Surveyors/Agents :Hassell 8 Folkea,P.C. Financing(include current ❑ Ip mortgage holders and lenders /L1 selected or being considered to provide financing for acquisition or construction of the properly) ❑ Legal Services Troutman Sanders LLP Real Estate Brokers/ Thalhimer Z n Agents/Realtors for current and anticipated future sales of the • I subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have z 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? Bob Thornton/Planning Commissioner is the Applicant's Real Estate Broker Page 4 of 7 Franklin Johnston Group Agenda Item 5 Page 17 A13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this ApplicationC F gquB. 4ELPIAIor Gro 4tv,a�cn41 Dfu..ter].N.N,LLL �j J . ___ �� 74o AlN..rb1in<tonWW1 fl GNAinNE PRINT NAME FigµpJ r DATE ,4 Pp Lc.n# 3 t PagelDf Franklin Johnston Group Agenda Item 5 Page 18 OWNER vimini.Beach YES LNOj �- SERVICE PROVIDER tute additional sheets lr needed) I�I © Accounting and/or preparer of - I your tax return ❑ ® Architect/Landscape Architect/ Land Planner _ Contract Purchaser(if other than the Moliant)-identify purchaser and purchaser's service providers Any other pending or proposed L�Z purchaser of the subject property '.. (Identify purchaser(s)and purchaser's service providers) ❑ QZ�7Il Construction Contractors 111 Vii Engineers/Suurveyors/Agents -. Financing(Include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 1><I Legal Services Real Estate Brokers/ Agents/Realtors for current and I anticipated future sales of the subject property L SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X 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 Franklin Johnston Group Agenda Item 5 Page 19 .B 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 sc eduled for public hearing, I am responsible for updating the Information p ' Wed h • in two weeks prior to the Planning Commission, Council, VEDA 'ling, • eeting of any public body or committee in connection with this •t.II at •n. 4;34911) 1:1 FRU' �. 's NA91RE PRINT NAME DATE V Page 7 of Franklin Johnston Group Agenda Item 5 Page 20 Conditional Re-Zoning Application of Franklin.Johnston Group Management& Development.LLC Applicant Disclosures (A) List the Applicant's name followed b) the names of all officers. directors, members. trustees.partners.mc.,below: I. Applicants Name: Franklin Johnston Group Management&Development. LLC 2. Managers of Franklin Johnston Group Management&Development, LLC- a. Wendell C.Franklin b. W.Taylor Franklin c. Thomas NI.JJohnston 3. Members of Franklin Johnston Group Management&Development, a. Beach One,LLC b. Stephen W.Cooper c. M. David Jester d. Johnston Family Group,ITC C. (Male James I. Chris McKee (13)List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: F&J Developers.1.I.0 b. Shorehaven Developers.LI_C c. Pickett Farms Developers. I.1 C d. GreenPlain Properties. 1,1.0 e. Aquia Apts.,LLC f: Aquia(iP.LLC g. Aquia Developers. LIE h. Kellingwood Apartments.LI.0 i. Franklin Johnston Associates.LLC Southern Pine One, LLC k. Quill Developers.LLC I. South Riding Apts LP in. South Riding GP,1.1.0 n. Arbor lakes IT o. Arbor Lakes UP.1 1 C p. Delleharhour Apts. I.P q. Belle"arbour GP. LLC r. Fountain Park Apts LP Franklin Johnston Group Agenda Item 5 Page 21 s. Fountain Park GP,1.I.0 I. Summerland Heights III LP u Summerland Ileighls III OP. ITC v. South Riding II I.P tv. South Riding II GP.LLC x. SLN 5100 LP y. SLN 5100 GP, 1.1.0/I leritage Forrest II GP. LLC z. I Square Apartments IT aa. I Square Apts.,LP hh. Edward Street LLC cc. Twin Branch LP dd. Twin Branch OP,LLC cc. Dunlop Farms LLC IT Belleville Seniors Apts IP gg. Belleville Seniors GP,LLC hh. Pickett Farms Apts LP ii. Pickett Farms GP, 1,1.0Quill OP,II.0 jj. River House Apts LLC kk. River House Apes_LLC II. Sea Pines LP mm. Sea Pines GP.1.1(7 mt. Shorehaven Apts IP 00 Shorehaven OP,LLC pp. Somerset Apts LP qq. Somerset(JP. LLC it Heritage I lampton LP ss. Chippenham Apts I P tt. Chippenham GP,LLC uu. Southwind Apts IP vv Southwind GP,LI.0 'vw. Spring Water,I.IC xs. Summerland Heights LP Summerland heights GP,LLC zz Tanglewood lake Apts 1.1,C aaa. Whispering Oaks Apts I.P hhb_ Whispering Oaks GP,LLC ccc. Woodheny Forest Apts I.LC ddd. ('rice Pond,LLC eec. 1'1[30 Price Street Apts. I,LP t(f. TFJG Price Street OP I. I1 C Franklin Johnston Group Agenda Item 5 Page 22 Item#5 Franklin Johnston Group Management& Development, L.L.C. Conditional Change of Zoning 273 N.Witchduck Road District 2- Kempsville January 10, 2018 CONSENT An application of Franklin Johnston Group Management and Development, L.L.C.for a Conditional Change of Zoning on property locate at 273 N. Witchduck Road, District 2, Kempsville. GPIN: 1467-75- 8675-0000. PROFFERS PROFFER 1 When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "Renaissance Apartments",dated November 30, 2017,and prepared by Cox, Kleiwer& Company, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2 The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed,shall be in substantial conformity with the exhibit prepared by Cox, Kleiwer&Company, P.C., entitled "Conceptual Elevations—Renaissance Apartments",and dated November 30, 2017 (the "Elevations"), a copy of which is on file with the Department of Planning and Item#5 Franklin Johnston Group Management & Development, L.L.C. Page 2 has been exhibit to the Virginia Beach City Council. Upgrades to the architectural design and materials of the multifamily residential buildings constructed on the Property shall be permitted subject to approval by the City Planning Director. PROFFER 3 Landscaping installed on the Property,when developed, shall be in substantial conformity with that shown on the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Overall Site Sheet Index—Renaissance Apartments",and dated December 1,2017 (the "Landscape Plan"),a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping may vary from the Landscape Plan depending upon the availability of landscape material at the time of installation. PROFFER 4 The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two-hundred forty(240). PROFFER 5 Freestanding signage located on the Property shall be monument-style, no larger than eight feet(81) in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. Item#5 Franklin Johnston Group Management& Development, L.L.C. Page 3 PROFFER 6 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 5. Bob Thornton: I will abstain from voting because my company is involved in the project. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABS WALL AYE WEINER AYE Item#5 Franklin Johnston Group Management& Development, L.L.C. Page 4 By a vote of 10-0, with the abstention so noted,the Commission approved item 5 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. otnliCic sCITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE oo, kw04 In Reply Refer To Our File No. DF-10030 DATE: January 26, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson EY. ^ DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 6, 2018. I have reviewed the subject proffer agreement, dated December 6, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 6th day of December, 2017, by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia ("School Board", and to be indexed as grantor) (FJG and School Board hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, School Board is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1467-75-8675-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, FJG is the current contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional A-24; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-24 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-24 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN No. 1467-75-8675-0000 33117735v3 WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their 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 of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Renaissance Apartments", dated November 30, 2017, and prepared by Cox, Kleiwer & Company, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kleiwer & Company, P.C., entitled "Conceptual Elevations — Renaissance Apartments", and dated November 30, 2017 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Upgrades to the architectural design and materials of the multifamily residential buildings constructed on the Property shall be permitted subject to approval by the City Planning Director. 3. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Overall Site Sheet Index—Renaissance Apartments", and dated December 1, 2017 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of 33117735v3 2 landscaping may vary from the Landscape Plan depending upon the availability of landscape material at the time of installation. 4. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two-hundred forty (240). 5. Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] 3311993503 J IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC, a Virginia limited liability company eTh By: /leaf ,.yam Its: C4J�QeYe seri nce.gt STATE/COMMONWEALTH OF V r3 i vLl4 CITY/COUNTY OF VIr9lnla E,f&c t ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 1y day of Pecan Iso" , 2017, by TlwnnjM-7olwls , in his capacity as Manager of Franklin Johnston Group Management & Development, LLC, a Virginia limited liability company. He is either personally known to me or has produced a cthlvtv5 /i tea3L as identification. Witness my hand and official stamp or seal this PI day of .kW,2017. Notary Public (SEAL) My Commission Expires: jr.n,L ,t 2o2j N•bnARNOTARYY P PUBLIC 4/5-511.2 2.. RegistrationNWAHOOF VIRGINIA Registration Number: %C COMMONWEALTH OF 2021 ConvNeauiE�nm June 36,p27 33117735v3 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SCHOOL BOARD OF THE CITY OF _ , �• • „ •� VIRGINIA BEACH,VIRGINIA,a body politic as ,!y set forth in Article VIII, Section 7 of the ' I Constitution of Virginia is FA• ll. NI r &CONSTRUCTION Q ,,y�,� ��`/- �� BY:4r4/1l . W/49%[/Vu'I/r" Its: qrr STATE/COMMONW,E,&LTH OF V/ r / ,Q/ CfFY/E&BAtT�f OF V4. BEL_ ,to-wit: /� The foregoing instrument was sworn to and acknowledged before me this /7 f d ay of Dec-. , 2017, by Beverly /q,Anderla!`in his/her capacity as C.ha/r of School Board of the City of Virginia Beach, Virginia, a body politic as set forth in Article VIII, Section 7 of the C nstitution of Virginia.�(e/she is either personally known to me or has produced 4/a.- as identification. a Witness my hand and official stamp or seal this /9 of pee_ ,2017. / . Notary Pubh � c (, EAL) My Commission Expires: /a/3/AV /� Registration Number: / ( 7(p 7 y- .•••••••••••••• : •••ZARY.'G i_t O0� cqM MY B_%G b ' , �,t 9q Be14 Q.1/4/n: tea V% : e'•.14.171.1.37....p' I.h4••e•N• .% 33117735v3 5 EXHIBIT A Legal Description ALL THAT certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "Parcel-A2" on that certain plat entitled "SUBDIVISION OF PARCEL-A RESUBDIVISION OF PROPERTY OF THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, INCLUDING THE CAREER DEVELOPMENT CENTER, CENTER FOR EFFECTIVE LEARNING AND SCHOOL PLANT (M.B. 212, PG. 95)", dated November 17, 2008, Scale 1" = 100', prepared by McKim & Creed, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20090507000504720. 33112735v3 6 1 , lath__ _— __ --__ --____— :,,. .„ , __ __-- , ., J ,,,,,, ___— _..._ ____ ___ ___ _ _ ____ --- CSI :1:, ____== in1 CPlas • ce TJ Z c0 O COal r 1\lk \11111\t\h, shb mCO •fiddle R A►yenue _ z. O :. CO _ _ - � Q = \... OC m li `n Flab _— - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARRY GARRISON [Applicant] HILLTOP INVESTORS, LLC [Property Owner] Conditional Use Permit(Motor Vehicle Sales)at the property located at 1805 Virginia Beach Boulevard, Suite 102 (GPIN 2407652769), COUNCIL DISTRICT— BEACH. MEETING DATE: February 6, 2018 ■ Background: This is a request for a Conditional Use Permit in order to operate a motor vehicle sales operation inside a 1,200 square-foot unit within a 9,600 square foot building. The applicant proposes to offer up to 10 vehicles for sale on the rear of the property. Most of the applicant's business will be conducted through online transactions; however, per the Virginia Department of Motor Vehicle's licensing standards, the applicant must have the ability to display a minimum of 10 vehicles on the site. No changes to the building are proposed, other than a single wall- mounted sign above the entryway into the office. • Considerations: The applicant has agreed to plant trees and shrubs within the existing parking lot islands in an effort to bring the site more into conformance with current standards, and to install a six-foot, solid fence to further screen the adjacent residential dwellings from the car sales operation. Given the property's location in both the greater than 75 noise zone and the Accident Potential Zone 1, the addition of plant material and screening, and the auto sales uses immediately adjacent and in the vicinity, the request is recommended for approval. Further details pertaining to the application, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. There shall be no more than 10 cars displayed and all displayed vehicles shall be located within the vehicle display area as designated by the site layout exhibit, found on page 5 of this report. Larry Garrison Page 2 of 2 2. One medium shade tree and understory shrubs, as determined by the Development Services Center's Landscape Architect, shall be planted and maintained within the two landscape islands, as depicted in the site layout exhibit referenced in Condition 1 above. 3. A six-foot solid fence shall be installed and maintained along the southern property line. 4. The existing dumpster shall be screened by a fence or wall no less than six feet in height. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. The motor vehicle sales operation shall be limited to one wall-mounted sign, which location is depicted on the site layout exhibit referenced in Condition 1 above. 6. No vehicles shall be parked or displayed within 30 feet of the Riddle Avenue right-of-way. 7. No outside paging or amplified music system shall be permitted. 8. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. No vehicles in a state of obvious disrepair shall be stored on the site. 10.There shall be no vehicle repair performed on the site. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. yyy ��- Submitting D pa t/' •ency: Planning Department . Frail 0 City Manager: k y' Applicant Larry Garrison Agenda Item Property Owner Hilltop Investors, LLC I Public Hearing January 10, 2018 (fly.? City Council Election District Beach 6 Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales) A 2 nN O,rve e` G Staff Recommendation 1 E66,-^"'", ; Approval t "" sr 3 0 s Staff Planner Jimmy McNamara 4 :d >75 d8 ONL W ixomn Avenue Location Ant "t,n4..KA.,,i»a ; ` 1805 Virginia Beach Boulevard, Suite 102 . a GPIN ,Kcwse f i ` 3 m z f 2407652769 6"4..or:, A `�� Site Size t 4 s 2 a i S a onto Avenue 0.84 acres a a Sue online Ome AICUZ y'+ maen,. Greater than 75 dB DNL; APZ 1 Watershed Chesapeake Bay n +►gds is t i ' Existing Land Use and Zoning District e0 61 souse , -, Laundromat/ B-2 Community Business No Boul _- Surrounding Land Uses and Zoning Districts ,Qcostaddon aft 4:y "".....- .l North ., _ ,f,' ,'at +'i' ' 1"11` ' pi "- ! Virginia Beach Boulevard • I, ' .... ' % South , ., .F ' ,` "�'D �„ i q : %r • 1 • Single-family dwellings/ R-7.5 Residential ,.,', ': '; East •— •ft e t r; w\ 1cY.. +J I a ,.v. .e Motor vehicle sales/ B-2 Community Business Y �!; ' et West ,i ". `o ,}r'. 1 Ylii ' ; M Riddle Avenue c ' 6y1 Single-family dwellings/ R-7.5 Residential —1C--',- t%r . • 4` A ' ',, ",w,'-1 `:, row ' r 'f Larry Garrison Agenda Item 6 Page 1 Background and Summary of Proposal • The subject site is developed with a 9,600 square-foot building with two units. A laundromat currently operates in the 8,400 square-foot suite at the front of the building. This is a request to operate a motor vehicle sales operation within the 1,200 square-foot unit in the rear of the building. • The applicant has rented space on the adjacent site for a car dealership for the past 15 years. That site is being sold and the applicant is in the process of relocating. The applicant proposes to use the subject site for the display of up to 10 vehicles, primarily sold via the internet, and office space for the small dealership. No changes to the building are proposed other than a single wall-mounted sign above the entryway into the office. • Most of the applicant's business will be conducted through online transactions; however, per the Virginia Department of Motor Vehicle's licensing standards, the applicant must have the ability to display a minimum of 10 vehicles on the site. • The concept plan depicts the display area for the 10 vehicles on the rear of the site. Five existing parking spaces will be converted to display area as well as five parallel display area spaces will be created along the drive aisle. • There are two existing landscaping islands that will meet the minimum planting area requirement for display area landscaping. • A solid vinyl fence, six feet in height, is proposed along the southern property line adjacent to the single-family residential neighborhood. A row of existing mature trees also currently exists along this property line. A solid fence is also proposed to enclose the existing dumpster on the site. • The 38 parking spaces onsite meet the requirement for both the laundromat and the proposed motor vehicle sales operation. v.9.,is a.ach ap,4„,,d Air St•tipt Drift - _ 76118 B 2 r / Zoning History • ` # Request 3 1 REZ(R-7.5 to B-2)Approved 03/10/1998 2 CUP(Motor Vehicle Sales)Approved 11/13/2001 sCUP(Automobile Repair Garage)Approved 04/28/1998 ka 5 �'/11 3 CUP(MotorVehicleSales)Approved 11/09/1999 i\ � R•7.5 -7.5\ --�' -- 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 Larry Garrison Agenda Item 6 Page 2 Evaluation and Recommendation The permitted uses on the subject site are limited by virtue of its location within the greater than 75 noise zone, the highest noise zone and within the Accident Potential Zone 1. Per Section 1800 of the Zoning Ordinance,this proposed use is deemed compatible within the AICUZ. Due to the online nature of his business, the applicant proposes a small display area for up to 10 cars to be located behind the existing building, which will not visible from Virginia Beach Boulevard. The existing landscape islands provide sufficient space to meet the landscaping requirement for display area. The applicant has agreed to plant trees and shrubs within these areas to bring the site into conformance with this standard. In addition to maintaining the existing mature trees along the southern property line, the applicant intends to install a six foot solid fence to further screen the adjacent residential dwellings from the car sales operation. In Staff's view, the auto sales use is appropriate on this site given the AICUZ restrictions, the existing and proposed screening and the existing auto sales uses in the vicinity. As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. There shall be no more than 10 cars displayed and all displayed vehicles shall be located within the vehicle display area as designated by the site layout exhibit, found on page 5 of this report. 2. One medium shade tree and understory shrubs, as determined by the Development Services Center's Landscape Architect, shall be planted and maintained within the two landscape islands, as depicted in the site layout exhibit referenced in Condition 1 above. 3. A six-foot solid fence shall be installed and maintained along the southern property line. 4. The existing dumpster shall be screened by a fence or wall no less than six feet in height. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. The motor vehicle sales operation shall be limited to one wall-mounted sign, which location is depicted on the site layout exhibit referenced in Condition 1 above. 6. No vehicles shall be parked or displayed within 30 feet of the Riddle Avenue right-of-way. 7. No outside paging or amplified music system shall be permitted. 8. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. No vehicles in a state of obvious disrepair shall be stored on the site. 10. There shall be no vehicle repair performed on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Larry Garrison Agenda Item 6 Page 3 Comprehensive Plan Recommendations The subject site is located in the Hilltop Strategic Growth Area (SGA). The Hilltop SGA Plan is guiding planning policy for land use and development in this area. The general planning principles for the Hilltop SGA includes providing a mix of retail, restaurants, and office uses; building a network of streets to improve traffic flow; and matching quality of local business with an equally memorable built setting. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume _ Present Capacity Generated Traffic Virginia Beach Boulevard 30,570 ADT 1 22,800 ADT (LOS°"D") Existing Land Use 2-Unknown 27,400 ADT 1(LOS°"E") Proposed Land Use 3-41 ADT 'Average Daily Trips 2 no data available for 3 as defined by 1,200 square feet of °LOS=Level of Service Laundromat land use used car sales Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There is a roadway CIP project slated for this area. First Colonial Road and Virginia Beach Boulevard Intersection Improvements (CIP 2-072) will widen First Colonial Road from four to six lanes from Oceana Boulevard to the 1-264 overpass. It also includes additional turn lanes and traffic signalization improvements. Right-of-way acquisition is in progress, and construction is currently scheduled to begin in summer 2018. It appears the subject site is outside the construction limits, so there will be no physical improvements to the property's frontage. Public Utility Impacts Water & Sewer The site currently connects to City water and sewer service. Larry Garrison Agenda Item 6 Page 4 Proposed Site Layout VIRGINIA BEACH BOULEVARD DR r rri 1 ' Laundt ornat Proposed wall- mounted sign Installation of required display area rVesaws landscaping in Office tai Moto p g IA Customer Parking 11111Z Installation of Display area for durnpster screening up to 10 vehicles Installation of six- foot solid fence Larry Garrison Agenda Item 6 Page 5 Site Photos 7 .,—.---, ) p•--' ...,,,,,.. - 4sle toe lor ,.. . . . . . . . . f i • ilk. --1410!' • -----. . -. 2,--: 1 i i 1 , . fill.' 1.11111111/11W - _ ..,- N de I • si ----- P. Larry Garrison Agenda Item 6 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Larry Garrison DISCLOSURE STATEMENT FORM The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE s u�r nw F Page l of 0 11 11 ANI N 11110 U I HLA! N NtJt HAN( E to, 1/23/ 1 Si //yrr Jimmy McNamara ri V SAM ALU Larry Garrison Agenda Item 6 Page 7 Disclosure Statement Virginia Beach Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if aroverty owner is different from Aaalicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here If the PROPFRTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:Hilltpk Investors, LLC If an LLC, list the member's names:Edward Murray, Roberta Murray Page 2 of 7 Larry Garrison Agenda Item 6 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) Chesapeake Coin-Op, Inc. "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation? See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets; the business entities share the use of the same offices or empbyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business 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 Larry Garrison Agenda Item 6 Page 9 Disclosure Statement APPLICANT Virginia YES NO SERVICE PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or preparer of Desrdtes&Company your tax return ▪ ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(jf other thag ® the Aoolican()-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors ® Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services Wulcoha Rivers Real Estate Brokers / ❑ EXI Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Larry Garrison Agenda Item 6 Page 10 Disclosure Statement .I B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A1:1plication. x`-1. 7 Lz tr!>,,L, _ I l PI 17 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of Larry Garrison Agenda Item 6 Page 11 Disclosure Statement OWNER virgi,ni YES NO SERVICE PROVIDER(useddidond sheets if needed) fl ® Accounting and/or preparer of I ' your tax return n ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® 111e Aoolkant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) • ® Construction Contractors ❑ NI Engineers/Surveyors/Agents Financing(include current X mortgage holders and lenders selected or being considered to Bank of America provide financing for acquisition or construction of the property) O ® Legal Services Real Estate Brokers/ ❑ n Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Larry Garrison Agenda Item 6 Page 12 Disclosure Statement Virginia Bead) CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appohm, PROPERTY OWNERS SIGNA}IRE PRINT NAME /of L ,1 o L K DATE Page 7 of 7 Larry Garrison Agenda Item 6 Page 13 Item#6 Larry Garrison Conditional Use Permit 1805 Virginia Beach Boulevard,Suite 102 District 6 Beach January 10, 2018 CONSENT An application of Larry Garrison for a Conditional Use Permit(Motor Vehicles Sales)on property located 1805 Virginia Beach Boulevard,Suite 102,District 6, Beach. GPIN: 2407-65-2769-0000. CONDITIONS 1. There shall be no more than 10 cars displayed and all displayed vehicles shall be located within the vehicle display area as designated by the site layout exhibit,found on page 5 of this report. 2. One medium shade tree and understory shrubs,as determined by the Development Services Center's Landscape Architect, shall be planted and maintained within the two landscape islands,as depicted in the site layout exhibit referenced in Condition 1 above. 3. A six-foot solid fence shall be installed and maintained along the southern property line. 4. The existing dumpster shall be screened by a fence or wall no less than six feet in height. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. The motor vehicle sales operation shall be limited to one wall-mounted sign,which location is depicted on the site layout exhibit referenced in Condition 1 above. 6. No vehicles shall be parked or displayed within 30 feet of the Riddle Avenue right-of-way. 7. No outside paging or amplified music system shall be permitted. 8. There shall be no decorative pennants,feather flags,streamers,air dancers,inflatables or other similar advertising items located on the site. 9. No vehicles in a state of obvious disrepair shall be stored on the site. 10. There shall be no vehicle repair performed on the site. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 6. AYE 11 NAY ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE Item#6 Larry Garrison Page 2 REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 6 for consent. The applicant Larry Garrison appeared before the Commission. T # I 1 . _.2 c Z____r] 4:1) CS" CO 0 01llLEP L._ 1,. . _..............,..._ , .. , , . . .. .._ . _.".........„0„, , . .. .. . . _________ _ ____ . .___________ __ Peon Ie!uoio3 SJi dV 7 II L -mi 1 t\o" -z_ _._11 R r-- 'I--' I ( , r I I ; 1 i I ---1! N m I I I II T 11 1-1 ---, r_____J CL . . __JIF— I tLiJ`II I �- J I .. 'Tit; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LUCIANA CRESPO [Applicant] THE BRUCE W. & ELLEN B. GALLUP JOINT REVOCABLE INTER VIVOS TRUST AGREEMENT, DATED DECEMBER 21, 2015 [Property Owner] Conditional Use Permit (Tattoo Parlor) at the property located at 325 First Colonial Road (GPIN 2407861291), COUNCIL DISTRICT— BEACH. MEETING DATE: February 6, 2018 • Background: The applicant currently operates a massage center within a business park adjacent to First Colonial Road. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to her clients. • Considerations: No changes are proposed to the exterior of the building or to the existing signage on the site. The addition of the proposed use at this location will have no impact on traffic movements along First Colonial Road, nor is it expected to generate traffic above a typical specialty retail operation. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Luciana Crespo Page 2 of 2 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 0 Submitting Departmncy: Planning Department y c,. _ City Manager: Applicant Luciana Crespo Agenda Item Property Owner The Bruce W. & Ellen B. Gallup Joint Revocable Inter Vivos Trust Agreement, dated December 21, 2015 city"' Public Hearing January 10, 2018 Virginia Beach City Council Election District Beach Request is I Conditional Use Permit (Tattoo Parlor) s „na�' , Staff Recommendation "1t ,8.-'''`"'' Approval 0,6 9A 4 , o Staff Planner hi 111/.1 dwDove y Robert Davis s ae o>7 ►t` w`°"'" . y ' m 1 1 w 25 s AP/, �MfnaBea<h Bou 4vo *a.d ` 3 Location a z 1 , .1 325 First Colonial Road 1 DardMD� ( a GPIN S AP" ' it 1 Oha Avenue $ 2407861291i Site Size c Meana Avenue 18,671 square feet AICUZ Greater than 75 dB DNL; APZ 1 Watershed Chesapeake Bay Existing Land Use and Zoning Districtc p iill" • q°ti Office, retail/ B-2 Community Business A 1:'. * - - 1 • ././ 1, Surrounding Land Uses and Zoning Districts '/ North4.4sw, .41, , , ji Religious use/ B-2 Community Business 11., n ' 1, ' -rnsin.Av;cn,tc South �� a Convenience store/ B-2 Community Business �� =; if East ' - I First Colonial Road t - J P4 i 1111 4 4 Retail/ B-2 Communityake Bay •• ' 14 ; West 't r Office/ B-2 Community Business is 4...pl :ut f •r —, / Luciana Crespo Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant currently operates a massage center within a business park adjacent to First Colonial Road. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to her clients. • The proposed hours of operation are 12:00 a.m. to 5:00 p.m., Monday through Friday, and 10:00 a.m. to 3:00 p.m., Saturday and Sunday. • No changes are proposed to the exterior of the building or to the existing signage. BL-2 r wnslnA»^w Zoning History •L'1 B-2 # Request 1 CUP(Fuel Sales in Conjunction with a Convenience Store)Approved 12/14/2004 mi .; 2 CUP(Bulk Storage Yard)Approved 09/14/2004 A021 B-2 1 1r i , Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's opinion,the proposed Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Hilltop Area and with the commercial nature of the surrounding properties.According to Traffic Engineering Staff, the addition of the purposed use at this location will have no impact on traffic movements along First Colonial Road, nor is it expected to generate traffic above a typical specialty retail operation. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the Code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Luciana Crespo Agenda Item 1 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. Comprehensive Plan Recommendations This subject site is located in the Hilltop Strategic Growth Area (SGA) as identified by the 2016 Comprehensive Plan and the Hilltop SGA Master Plan. The Plan's vision is to transform this area into a convenient, regional retail destination within close proximity to the beach. For the subject site, the Plan calls for a mixture of retail, office, and other non- residential uses. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site, as it is fully developed with a business park and parking lot. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Luciana Crespo Agenda Item 1 Page 3 Proposed Site Layout L...._— 44.0' 5 SPACES - N C. I I I EX.I CURB I L _______ Z Existing Building - 1 _1111 41111 11111 I l I — EX. 1-S-FR L.0` z OFFICE N 3097 SF 6 SPACES SP5___ #325 ' f f I W r- 7'5' 2f - 7.5' IJ CO V > CO A N Q v 7.5' rn d w PLANTINGS b. EX. ASPHALT PARKING LOT 32.0' RA LANDING °) �3 0 0 •Ex. ONC. SIDEWALK - -� f I Ex. DI 4 SPACES U Proposed Location __l J -_- _f_ SIDEWALKW -�--� -r \.. a PLANTINGS O EX. SCO a 9.5' n� (/) b - 29.5' ---- 3.0' tO EX. 1-S-FR - --- b LA 0 1077 SF N o #321 "' a¢. In a EX. SCO ____-. _.-.._.-_ 21.0' d- r F: 15.0' -__ PLANTINGS • _ 1 PLANTINGS PLANTINGS EX. CONC. SIDEWALK �W OAK I = 7.34' --- • EX. SCO EX. 'Md -1 4 0.1 PLANT:NOS • PLANTINGS EX. SCO _—._.._-_ _ -------------_-__---- -- LJ I EX. --- -- _ __- __ First Colonial Road Luciana Crespo Agenda Item 1 Page 4 Site Photos r ,...4 , ''••fat • I 111111111 7. i. iaI - i - - __. ,� j1 r _. • -- • • tip ' 4 ki.fr 'i s-TriN ._, ., t-- 4 All,, v. . 4 do ., . -gal$ a .. .,.. - r • I -- .: _:._ _a_—,- �5 � A 757 MASSAGE • • MASSACI.CON pilik 11111Iiii— „ .n...,. _ „ ,1111111111114.— r •-,- Luciana Crespo Agenda Item 1 Page 5 Disclosure Statement XB Virginia Reach APPLICANT'S NAME Luciana Crespo DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page I of7 O A, Orn A)III I HIAN Nt O n NOES Avcr , 03AD/if �M Robert A.Davis D <,✓s. Ns c✓nrI TE. 44 y✓f!� Luciana Crespo Agenda Item 1 Page 6 Disclosure Statement Virginia Beach Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ludana Crave __ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Acnlicant. ® Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm. business, or other unincorporated organization. Check here if the pROPFRTY OWNER ic a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:- The Bruce W.& Ellen B.Gallup Joint Revocable If an LLC, list the member's Inter Vivos Trust Agreement,dated December 21, 2015 names: Page 2 of 7 Luciana Crespo Agenda Item 1 Page 7 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (R) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when CO one business entity has a controlling ownership interest in the other business entity,(III a controlling owner In one entity is also a controlling owner in the other entity.or (III) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share actwies, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles" Sae State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the Apollcation or anv business ooeratinq or tog 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 Luciana Crespo Agenda Item 1 Page 8 Disclosure Statement APPLICANT vrg'tdaBeach YES NO SERVICE PROVIDER(use additional sheers If needed) I I ® Accounting and/or preparer of I 1 your tax return • ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ▪ ® Construction Contractors • ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / I I ® Agents/Realtors for current and anticipated future sales of the subject property e , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? Page 4 of 7 Luciana Crespo Agenda Item 1 Page 9 Disclosure Statement YL 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, VIIDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SKNANRE PRINT NAME DATE Page 5 of 7 Luciana Crespo Agenda Item 1 Page 10 Disclosure Statement OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets it needed) ® ❑ Accounting and/or preparer of Jacobson Broanen PC your tax return ❑ 0 Architect/Landscape Architect/ Land Planner _ ® Contract Purchaser(If other than LiMe Mohan()-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property e • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development ❑ ® contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Luciana Crespo Agenda Item 1 Page 11 Disclosure Statement • Virginia Beach • CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ .. , e[an 3. . l,y._ 10/Y/1-1 PROPERTY OWNER'S SIGNATURE PRINT NAME , DATE Page 7 of Luciana Crespo Agenda Item 1 Page 12 Item#1 Luciana Crespo Conditional Use Permit 325 First Colonial Road District 6 Beach January 10,2018 CONSENT An application of Luciana Crespo for a Conditional Use Permit(Tattoo Parlor)on property located at 325 First colonial Road, District 6, Beach. GPIN: 2407-86-1291-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. Window signage shall not be permitted.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 1. AYE 11 NAYO ABSO ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 for consent. The applicant Luciana Crespo appeared before the Commission. ---------:---- , I j .... ly I '! I � � .e"'" � ----- -_� am_ ___- __ nnhav t Parkes t— < . -.._Jr -,_ ' 1,' \\.7 csi 1,4 „-______-_,....., I: .I 1:91 al --._. -.... _....„ 1 mNi\\\N\illi , :\... ,.:,(Tr. , (I.\ IP . . ,______ . \ Nildb S : -- '.---,N . ..„. . _ „ ....„.„..., ; ,... ....„. . _____ lir .. .. ___ ,. ..,\ \I\ . - N \ ik., . -....... co\Ft03,„ CV a)NO f al 1\\\Ca r*sifIrN7:I' \1\1 I I 4111 1 '4 1*. Amu X1._ 1 _____-----• -:7!'_________-_—_-- 06 „\hi,.....1.‘ ri. Ik-c , ii __________-co________---, . \ w _______Lo . tillimallisti ',. _,.;,, ID •. . _______ . ca . __ . __,/ _________-----iiii ‘ - -n.101111111wisti. '-1,0_.-1,-...alikik -.1-t --------,-.:.:--- -- . .- - ___t_ ,, _ire _---I__ 1., 11 _-__- ., ;.�� ,____. . _,,L,„ .....,, , „iv, . .. - „pcbaversimg ii.,_:61 iv ,.,,, ,,11.,„,„_ ,., - 1 I. 1 11:14 04 CO 1 Mir 411 i � � '.„1,1111 . ,s_Iiiii_1.1.11-_-_:__',:ii.,--0----11111iiiiiptiot:; ■ ithj . :MI ,..- l't V A, : ir:1 .•' isle ag.1.1 1 mai� 0 [ I re:tac,',, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LYNNHAVEN MALL, LLC [Applicant & Property Owner] Major Retail Venue Signage Permit at the property located at 701, 739, 745, 757 & 773 Lynnhaven Parkway; 1001, 1005 & 1009 Lynnhaven Mall Loop (GPINs 1496269419, 1496268097, 1496350434, 1496341955, 1496342787, 1496363430, 1496461559, 1496453926, 1496358830, 1496455278, 1496353639, 1496468297, 1496468027, 1496469093, 1496459637), COUNCIL DISTRICT— ROSE HALL. MEETING DATE: February 6, 2018 • Background: The Lynnhaven Mall is currently implementing a new and updated branding strategy. The free-standing signs at the major entrances to the mall property are off-site and based on an amendment in January of 2017 to the Zoning Ordinance, require City Council approval to replace, enlarge, or move. This request is to replace these free-standing signs that are in-line with the mall's current rebranding effort. Specifically, the request is to replace the primary identification sign and the two secondary multi-tenant signs along Lynnhaven Parkway, and to replace the two secondary identification signs along South Lynnhaven Parkway. • Considerations: Many of the signs interior to the mall loop road have been replaced with the new branding effort, and they have proven to be an aesthetic upgrade. The new signage package both modernizes and provides greater visibility for Lynnhaven Mall from the major thoroughfares. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. When installed, the free-standing signs shall be installed in a location substantially conforming to the site layout included in the submitted sign package entitled, "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA," dated September 13, 2017 and prepared by CANNONDESIGN. Lynnhaven Mall, LLC Page 2 of 2 2. When installed, the free-standing signs shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package entitled, "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA," dated September 13, 2017 and prepared by CANNONDESIGN. 3. No additional free-standing signs shall be installed to the signs shown in the submitted sign package entitled "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA," dated September 13, 2017 and prepared by CANNONDESIGN. 4. All approvals from the Department of Public Works, Real Estate division must be obtained prior to the installation of any signs located within the public right- of-way. 5. A permit must be obtained from the Planning Department, Zoning Division, for all signage prior to installation. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Deli(•to• ency: Planning Departmentt City Manager: ��1 �''��"""`"`�� Applicant & Owner Lynnhaven Mall, LLC Agenda Item Public Hearing January 10, 2018 �� City Council Election District Rose Hall 7 city,,, Virginia Beach Request 4a Major Retail Venue Signage Permit I 3 ' I k i a �� Staff Recommendation , 9. Approval off. Lr �, k' '-7 � r APZ] I 3 Staff Planner '"�l t s Kevin Kemp I Ferry f 1.z.z. en Careen Drive 1 Dnve rnry^,rb Location D t °•logy 701, 739, 745, 757, & 773 Lynnhaven Parkway, If a >K a : / A 2 ,, I 1001, 1005, & 1009 Lynnhaven Mall Loop I ....I �� GPINs pp pews'Road 6 L$ AP71 1496269419 1496268097 1496350434 APZ2 — > > -phn Hanr,ock Dnve 'a/a� AP27 1496341955, 1496342787, 1496363430, 1496461559, 1496453926, 1496358830, 1496455278, 1496353639, 1496468297, 1496468027, 1496469093, 1496459637 Site Size Appr. 4,000,000 square feet (92 acres) AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District — — e-- .r +h Mall/ B-2 Community Business r "- i •' fi' ,w 1.4 Y�7r. .. � ;�` is Surrounding Land Uses and Zoning Districts �.. • ° I ' ` , ►, North `mac.' Lynnhaven Mall Loop _•'?a .! + a r + '/ '-li F. Mixed Retail/ B-2 Community Business '-c* s ' 9 South .: ` �,', ! ! +tel . f c ...,- .,'F.....,-.ill Lynnhaven Mall Loop 41 4,,; "� t r °` ,> 3Mixe47--14',.. .:,t1.5 � ' . �, d Retail/Restaurants/B-2 Community Business F, ' 'I , I- ¢ East Lynnhaven Parkway _ : r ik Offices/Industrial /I 1 Light Industrial r ': ,:.._ete ik ,'. - , r ;•,,. West South Lynnhaven Road " ^ r - ' ,r4, ,�-,.~ Single-family dwellings/R-7.5 Residential i-- ''tt t ( :'; - b ..,:!5:424,4 Lynnhaven Mall, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • On January 9, 2017, City Council approved an amendment to the Zoning Ordinance that created a definition for a "Major Retail Venue." According to the ordinance, a "major retail venue" is a zoning lot, containing at least 4,000,000 square feet and its primary use is providing retail and indoor recreation services. The ordinance stipulates that the signage package for a major retail venue is subject to Section 218 of the Zoning Ordinance, allowing City Council to consider and approve signage for these venues. • Lynnhaven Mall is currently implementing a new and updated branding strategy. As part of this effort,they wish to replace the existing free-standing signs on the site. Many of the signs, interior to the Lynnhaven Mall Loop Road, have already been replaced. The free-standing signs at the major entrances to the mall property are located on the other side of the Lynnhaven Mall Loop Road, and therefore are off-site to the principal use and need City Council approval to replace, enlarge, or move. This request is to replace these free-standing signs that are in-line with the mall's rebranding effort. Details of the proposal are listed below: 0 SCP _, Secondary ID lP�� ---;,,,-.4,.....„ 9 Monument Signs ��<> � c% Q epi f r •,`��' c $1'. �eeq , //:f�� • 16 B' J) OK °' �, Food Court Signs L) > E' 8 1 6 I i -,. t,c--o d \%''bcb 1 b ' Pa 'N.,.__J."- _. i �QA�y3� ,?-, ' d 1 ( .i t "-'' '•/ Secondary ID _ ; - , Multi-Tenant , 4 \ ' Monument Sign .. 0 �� Primer IDP Ion m..d .1' _: "+'- Secondary ID Multi-Tenant Monument Sign • Primary ID Pylon Sign (adjacent to Lynnhaven Parkway) - The existing freestanding sign is located in a discrete location on the south side of the intersection of Lynnhaven Parkway and East Mall Drive. The proposed sign will be relocated to the median strip of East Mall Drive. The proposed sign will be 12-feet in height and will display the names of the anchor tenants of Lynnhaven Mall. Lynnhaven Mall, LLC Agenda Item 7 Page 2 • Secondary ID Tenant Multi-Tenant Monument Signs (adjacent to Lynnhaven Parkway) —Two existing freestanding signs will be replaced. The existing signs are located in discrete locations and are largely blocked by landscaping. One sign is located on the Carrabba's parcel, and the other on the McDonald's parcel. The location of the proposed monument signs will be shifted to the median strip of each of those mall access roads. The signs will be six-feet in height, and 12-feet in length. The signs will display "Lynnhaven Mall," as well as the name of three other tenants. • Secondary ID Monument Signs (adjacent to South Lynnhaven Road) —Two existing freestanding signs will be replaced in the same location at each mall access along South Lynnhaven Road. The proposed signs will display "Lynnhaven Mall." Each sign will be six-feet in height and 12.5-feet in length. • The two existing "Food Court" signs, each of which are taller than 20-feet, will be removed. B-2 .� A R-7.5 ;iira� �j Zoning History sem', B- 4r ' # Request / M. 1 CUP(Tattoo Parlor)Approved 07/09/2013 ��1 .� ' t CUP(Indoor Recreation)Approved 01/08/2013 -� �� j'�� CUP(Commercial Recreation)Approved 03/24/1998 L •j CUP(Car Rentals)Approved 06/23/1992 • fs.- 2 CUP(Motor Vehicle Sales)Approved 07/18/2017 .111 ,010 0111 A r, M- 3 CUP(Indoor Recreation)Approved 06/23/2009 ■r• otaKT, fir st4Oroitsig 111111111111,.. B-2 < � us li f- raApz1 pr rr , , Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconfonning Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Staff recommends approval of this application. Lynnhaven Mall is a unique situation in regard to their existing signage. When the mall was developed and the primary free-standing signs were installed, the mall owned the Lynnhaven Mall Loop Road. The signs met all requirements of the Zoning Ordinance. Since that time, ownership of the Lynnhaven Mall Loop Road was transferred to the City. Because this road is now public right-of-way, the existing primary free-standing signs are off-site, and nonconforming. Consideration of replacing these signs under Section 218 of the Ordinance allows City Council to address this unique situation. The submitted signage package is, in Staff's opinion, a tremendous upgrade from the existing, oyster-themed signage currently used. Many of the signs interior to the mall loop road have been replaced with the new branding effort, and they have proven to be an aesthetic upgrade.The new signage package both modernizes and provides greater visibility for Lynnhaven Mall from the major thoroughfares, and therefore benefits a use that attracts a large number of visitors each year. This site is unique, and Staff feels that the submitted sign package is appropriate in size, location and appearance to the area and to this major retail venue. Lynnhaven Mall, LLC Agenda Item 7 Page 3 Recommended Conditions 1. When installed, the free-standing signs shall be installed in a location substantially conforming to the site layout included in the submitted sign package entitled, "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY,VIRGINIA BEACH,VA," dated September 13, 2017 and prepared by CANNONDESIGN. 2. When installed,the free-standing signs shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package entitled, "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY,VIRGINIA BEACH,VA," dated September 13, 2017 and prepared by CANNONDESIGN. 3. No additional free-standing signs shall be installed to the signs shown in the submitted sign package entitled "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH,VA," dated September 13, 2017 and prepared by CANNONDESIGN. 4. All approvals from the Department of Public Works, Real Estate division must be obtained prior to the installation of any signs located within the public right-of-way. 5. A permit must be obtained from the Planning Department, Zoning Division,for all signage prior to installation. 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. Comprehensive Plan Recommendations This site is located in Special Economic Growth Area (SEGA) 2 West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential, with a primary consideration being adjacency to NAS Oceana or within the Interfacility Traffic Area high noise overflight zone.The area west of Lynnhaven Parkway is recommended for corporate office, retail, and other comparable commercial use due to this site's high visibility. Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is developed with a mall and parking lot,there do not appear to be any significant natural or cultural resources associated with the site. Lynnhaven Mall, LLC Agenda Item 7 Page 4 Location of Proposed Signs O �Secondary ID s?s„ /, s a-4 � Monument Signs � . � i • A GNU \(: pAii;, %.1 ..I s_ ,.e. - 1 ' -‘(It j/.YA'u s �'• _ Food Court Signs D . ♦ '��% - - C II d ) \ / // ,IP'f3-- Q \Z ci:--—— I,I_ .0 _ k 1 . � _ .�/ r Secondary ID •t r ' '4 ' �� 4 Multi-Tenant \*P., LI + /p Monument Sign Primary ID Pylon "4-. . 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Y 'M–.` —• `ht= 1 _ Proposed Sign in same location Lynnhaven Mall, LLC Agenda Item 7 Page 10 Food Court Signs 4 �M` OP; iv li, „dips 10. . . Hit 1 i 1 I .a, rill �. 2 inn: . - 1 M- ill 111 , • . . 11! I ,k1 ii i i Signs to be Removed Lynnhaven Mall, LLC Agenda Item 7 Page 11 Color Palette PAINT' • r! -I OIINICH ;PY.10inti - .� �, _ i...i �: , -tmrva;, - FXM'riVito "At C 9Xr LW aIc4 el'Ats pt l' MEINEEffili NNW 677}PAW TOUII.41 Cr-Ns/mum (P811M1AIM101 ^t eoninMitut ,stlt'1�1VMS 'PIP•Mi10Yd FMt I7+ MIrt>1OW MIR --r nava imamate - eau '0161110 1f1111M WIC P11111J1110111fl 11M11161 1111111MSPIN 1011,Hams '111112 fi�1l !�l�� L PM t � I°I°sq 411-0 VINYL' 4P 141111214141041 r-' IM wow ,1Y ailtaJfl _-5 711 DUII 32J Mtn 7Y p 161 t7;TEI<SAR f3e: ct � \ 61 7.1V11111101P 611111 ANT Ili UI4T3j1 111111111121 pl[i1N 76 M-76 MN'i 'RENTED COLORS ARE POR REFEEEN(E ONLY AND SHOULD NO1►E MATCHED FROM THIS PAGE OR ANY OTPER WAGES IN TMS DOCUMENT. "TYPEFACES AND ARTWORK ARP INDICATED FOR RENITENCE ONES, MOYC ElFll/YNAY[N NATE AND SNAG NOT RE SCANNED FROM THIS PAGE OR ANY OTHER �1Ul• C .1`} RAGES IN THIS DOCUMENT.USE ONLY ELECTRON(ART PROVIDED li /T THE CLIENT OR HUN DESIGN FOR FYPEMCtS LKE ONLY COMPUTER tk`5)1 l Wr+lllfr P-4$14014013104 GENERATED FONTS •IY. NOTt Alt VAINI FINSHES TO It LOAN GLOSS. Nom_ _ .�dige+1.1•1wV..,mina Lynnhaven Mall, LLC Agenda Item 7 Page 12 Landscape Design \\*. 7 A-1 4 \IN . Aiii,iw4 10.# - -Vv. \ it 4- ..,-- ♦ ♦77 kook ,, , -1-.\ vl 1/4 V o ...t tarerti.WIN lit\N -.tee /-(n gib, , \ .*::4,.... 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ISI); 4,(ir, / \ , , ry ,„, `�, A J „--/ ,�3 \ • 111W _ .______ ` � _ ' / '.411ir ,z1 — e ,..* Z t%4,' 0 0/ I / o0 Or ° 1110 / Itilk/ # / St / // .� / 00 .4,4110 \ mighlk _ 4111, \< 111141% / I. - ' /414 * 4111wZ fur tore;<<kop ,O.o„..°° ik. , N.N._ +4 ,,, % // c ,...1.\ , \., 4. , \\\ „ , ... ,,,.._ co— , Secondary Monument Signs Lynnhaven Mall, LLC Agenda Item 7 Page 15 Existing Freestanding Signs ego fr Ob 111111111"*. ;111 111111111110.1.101" rwlif • • 111.1111, fW 41111§... 1 • . w 410, ti et , ; Lynnhaven Mall, LLC y Agenda Item 7 Page 16 Disclosure Statement Virginia Beach APPLICANT'S NAME Lynnhaven Mall, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals I 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 a . _ . _.. _.. ' 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 121 weeks pnorto any Page 1 of 7 RammL Corn m isslon and CI-.Council meetm that ertains to the a. Ilcatlonls).. 0 APPLICANT S OED OF HEARING 1 DATE I l NO CHANGES AS AS OF DATE I it 26/ l- REVISIONSS SUBMITTED DATE m Kevin Kemp Lynnhaven Mall, LLC Agenda Item 7 Page 17 Disclosure Statement mint*Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, I�1 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_LLnnhaven Mall L.L.C. If an LLC, list all member's names: GGPLP LW,sole member. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) GGP Nimbus,LP See next page for Information pertaining to footnotes] and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if oroperty owner Is different from Acnikam. E] Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. 0 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:—Lynnhaven Mall LT C. If an LLC, list the member's names: GGPLP L.L.C.,Sole Member Page 2 of 7 Lynnhaven Mall, LLC Agenda Item 7 Page 18 Disclosure Statement NB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) GGP Nimbus, LP 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or Indlrectly 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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets; the business 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 a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or anybusiness 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 Lynnhaven Mall, LLC Agenda Item 7 Page 19 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets it I J neededr nn Accounting and/or preparer of I --- -� your tax return Architect/Landscape Architect/ ',. hide design,iro. Land Planner ❑ Contract Purchaser(iffother than rithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I�I n purchaser of the subject property I (Identify purchaser(s)and purchaser's service providers) 9 , ConstructionContractors ElII Engineers/Surveyors/Agents Financing(include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Grady A.Palmer,Esq.,Polliems Mulen Real Estate Brokers / O 0 Agents/Realtors for current and anticipated future sales of the Subject property_ e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have D 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 Lynnhaven Mall, LLC Agenda Item 7 Page 20 Disclosure Statement Virginia Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Lynnlieven Man t l 6 By:GGPLP L.L.c Cy: CPO' ( vS+e'. 11)34�n APPLICANT'SSIGNATURE �� PRINT NAME DATE /' Page 5 of Lynnhaven Mall, LLC Agenda Item 7 Page 21 Disclosure Statement NB OWNER wrgiiasdih - --- -If YES NO SERVICE PROVIDER(use aw wesux U s❑ Accounting and/or preparer of your tax return u Architect/Landscape Architect/ hug ensign inc. Land Planner Contract Purchaser(if other than - - Me Applicant)-identify purchaser and purchasers service providers Any other pending or proposed -- ❑ purchaser of the subject property (identify purchaser(s)and purchasers service providers) n © I Construction Contractors i ___- ~ ▪ D 1 co n st r uct lon Contr • Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E ❑ Legal Services Grady A.Palmar,Eag..Mtn Mullen Real Estate Brokers/ • n Agents/Realtors for current and anticipated future sales of the subject property _ e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E an interest In the subject land or any proposed development I contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? __- _—_ --_-- Page 6 of 7 Lynnhaven Mall, LLC Agenda Item 7 Page 22 Disclosure Statement NrRinle Beech CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Lytuen E4WL.LC ' By C+CPLP L LC. nI (ICC' li.2al; PROPERTY OW'NER'S SICMA PRIM NAME DATE. Page 7 of 7 Lynnhaven Mall, LLC Agenda Item 7 Page 23 Item#7 Lynnhaven Mall, L.L.C. Major Entertainment Venue Signage Permit 701, 739,745,757, 773 Lynnhaven Parkway 1001, 1005, 1009 Lynnhaven Mall Loop District 3 Rose Hall January 10, 2018 CONSENT An application of Lynnhaven Mall, L.L.C.for a Major Entertainment Venue Signage Permit on property located at 701, 739,745,757,773 Lynnhaven Parkway and 1001, 1005, 1009 Lynnhaven Mall Loop, District 3, Rose Hall. GPINs: 1496269419, 1496268097, 1496350434, 1496341955, 1496342787, 1496363430, 1496461559, 1496453926, 1496358830, 1496455278, 1496353639, 1496468297, 1496468027, 1496469093, 1496459637. CONDITIONS 1. When installed,the free-standing signs shall be installed in a location substantially conforming to the site layout included in the submitted sign package entitled, "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE,701 LYNNHAVEN PARKWAY, VIRGINIA BEACH,VA," dated September 13, 2017 and prepared by CANNONDESIGN. 2. When installed,the free-standing signs shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package entitled,"GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3,SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH,VA,' dated September 13, 2017 and prepared by CANNONDESIGN. 3. No additional free-standing signs shall be installed to the signs shown in the submitted sign package entitled "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3,SITE SIGNAGE, 701 LYNNHAVEN PARKWAY,VIRGINIA BEACH,VA," dated September 13, 2017 and prepared by CANNON DESIGN. 4. All approvals from the Department of Public Works, Real Estate division must be obtained prior to the installation of any signs located within the public right-of-way. 5. A permit must be obtained from the Planning Department, Zoning Division, for all signage prior to installation. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 7. AYE 11 NAY ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE Rem#7 Lynnhaven Mall, L.L.C. Page 2 RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 for consent. Grady Palmer appeared before the Commission on behalf of the applicant. M. APPOINTMENTS ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF CODING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE (COG) GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 February 13, 2018 Workshop CANCELLED due to: CITY COUNCIL WINTER RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center February 15 and 16, 2018 8:30 a.m. to 4:30 p.m. 02/06/I8/ag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/162018 PAGE: I D A AGENDA V S ITEM SUBJECT MOTION VOTE A E H E W B N E J S U B P DNOK MS HEW O 0 Y LN A 0 0 R SO TR F E EN SM 1 0 O 1 T TR Y S ES S N N D j CITY COUNCIL'S BRIEFINGS A. 2040 VISION TO ACTION Joe Voorhees,Chair COMMUNITY COALITION and Cindy Arocho, —Update Vice-Chair 11. CITY MANAGER'S BRIEFINGS A. ADOPT-A-DRAIN Melanie Coffey, PROGRAM Permit Administrator —Public Works B. ANNUAL CRIME Chieflamcs Cervera STATISTICS —Police C. CONVENTION CENTER Ronald H.Williams, COMPLEX—Parking 1r.,Deputy City Manager D. TIP FUND-Update David Bradley, Director—Budget and Management Services IILTVN,Nh CERTIFICATION CERTIFIED 10-0 V AY YY V Y Y V Y Y VII A-E FG MINUTES: APPROVED 9-0 Y AY Y Y Y Y AY V Y January 9,2018 B S T A N E D H'I MAYOR'S PRESENTATION I. Muscular Dystrophy Association Darcy Waren PUBLIC COMMENT I. Proposed Pier Project 19 Speakers CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE91/16/2018 PAGE. 2 D A AGENDA V ITEM g SUBJECT MOTION VOTE A F H E W B N F. I S U B P D N O K : M S HLW O O Y L NAOOR SO IR E E ENSM I 0 0 T TR YS ES S N N D , PUBLIC HEARINGS I. EXCHANGE OF EXCESS CITY I Speaker PROPERTY Oyster Leases 2. SAI.E OF EXCESS PROPERTY 1 Speaker 2305 Indian Hill Road KJI Ordinance declaring Oyster Lease ADOPTED,BY 9-0 Y A Y Y A Y Y Y Y Y Y #21051 to be in excess/authorizing the CONSENT B City Manager to exchange for a portion of Oyster Lease P19788 from Brent 1 James re Gills Cove SSD Dredging A Project 1 N E D 2 Ordinance to authorize Temporary ADOPTED,BY 10-0 Y A Y Y Y V V Y Y V Y Encroachments into a portion of City r-o- CONSENT w known as Wildwood Drive located adjacent to 1800 First Colonial Road re Colonial Arms Associates,LLC 3 Resolution to EXTEND the City's cable ADOPTED,BY 10-0 Y A Y V V Y Y V Y Y Y franchise with Verizon Virginia,Inc. CONSENT until the earlier of June 30,2018 or the date on which the franchise agreement is renewed VI TERRANCE and TATVANA VEAL APPROVED, 10-0 Y A V V TYY TY TY for a CUP re Family Day-Care Home at CONDITIONED, 1504 Catesby Circle DISTRICT 3— BY CONSENT ROSE HALL 2 DACOR,LLC for a Variance to Section APPROVED, 10-0 Y A V V V YY V Y TY 4.4(b)of the Subdivision Regulations at CONDITIONED, Ferry Point Road BY CONSENT DISTRICT 2—KEMPSVILLE 3 HERTZ CORPORATION and IEH APPROVED, 10.0 TAY V Y Y TY Y Y V AUTO PARTS LLC for a CUP re CONDITIONED, Motor Vehicle Rentals at 1116 BY CONSENT Lynnhaven Parkway DISTRICT 3— ROSE IIALL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATG01/16/2018 PAGE: 3 D A AGENDA V ITEM SUBJECT MOTION VOTE A E H F W B N E J S U B P DNORMS II 1. W O 0 V L N A 0 O R SO T R E E ENSM I 00 T T R Y S ES SNND 4 PRINCESS ANNE SHOPPES APPROVED,AS 10-0 V A Y V Y Y Y Y Y V Y OWNER'S ASSOCIATION,INC for PROFFERED,BY Modification of Proffers at North CONSENT Landing Road and George Mason Dove DISTRICT 7-PRINCESS ANNE 5 Ordinance to AMEND Section 901 of DEFERRED 10-0 Y A V Y V Y Y V Y V V the C10 to allow off-site parking INDEFINITELY facilities as pnmidM uses in the B-2 Zoning District with specific requirements 6 Ordinances re Short Term Rentals- DEFERRED 10-0 Y AY YY V V V Y Y V Based on a Resolution adopted by the INDEFINITELY City Council on January 9,2018,10 allow additional time for the Planning Commission to consider the alternative Ordinances and the recommendation is to DEFER M. APPOINTMENTS: RESCHEDULED B 'ICONS ENS US BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N/OT ADJOURNMENT 7.17 PM