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04-17-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 JESSICA P.ABBOTT,Kempsville-District 2 1 %M.BENJAMIN DAVENPORT,At Large U ' 5 ROBERT M.DYER,Centerville-District 1 U IL� ` - BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall-District 3 4 �! JOHN D.MOSS,At Large ` of hs JOHN E.UHRIN,Beach-District 6 OU M TSO ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 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-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS 2018 E-MAIL:CITYCOUNCIL@vbgov.com A CITY CLERK-AMANDA BARNES Pril 17 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. SHORT TERM RENTAL—Discussion II. CITY MANAGER'S BRIEFINGS A. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) 1. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth Attorney 2. CLERK OF THE CIRCUIT COURT Tina Sinnen, Clerk 3. SHERIFF and CORRECTIONS Ken Stolle, Sheriff 4. EMERGENCY COMMUNICATIONS and CITIZEN SERVICES Stephen Williams, Director 5. EMERGENCY MEDICAL SERVICES Chief Edward Brazle 6. FIRE DEPARTMENT Chief David Hutcheson 7. POLICE DEPARTMENT Chief James Cervera 8. EMERGENCY MANAGEMENT Erin Sutton, Director B. BLOCK 2 TOWN CENTER Warren Harris, Director—Economic Development C. SPORTS CENTER LAYOUT Ronald H. Williams, Jr., Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Danette Crawford Pastor, Joy Ministries 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 April 3, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 1449 Old Virginia Beach Road 2. SALE OF EASEMENTS OVER CITY PROPERTY- Interfacility Traffic Area(ITA) a. 2813 Two Farms Lane b. Lots 7,8 and 12 in the 3300 Block of North Landing Road c. Winston Avenue and Indian River Road d. 3400 North Landing Road I. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE the property located at 1449 Old Virginia Beach Road to be in excess of the City's needs and AUTHORIZE City Manager to sell to Noele Paiso and Maria Paiso 2. Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America: a. 2813 Two Farms Lane b. Lots 7, 8 and 12 in the 3300 Block of North Landing Road c. Winston Avenue and Indian River Road d. 3400 North Landing Road 3. Resolution to RENAME the Virginia Beach Fire Training Center, as "The Harry E. Diezel Virginia Beach Fire Training Center" 4. Ordinance to study pay disparities and ESTABLISH a Policy of Pay Parity for the Virginia Beach Sheriffs Office 5. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a project re I-264 Independence Interchange Improvements and AUTHORIZE the City Manager to enter into any necessary agreements for project development 6. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a locally administered project re Nimmo Parkway Phase VII-B and AUTHORIZE the City Manager to enter into any necessary agreements for project development 7. Ordinance to AMEND the adopted FY2017-18 Capital Improvement Plan's Project Description and Scope re Bus Stop Infrastructure and Accessibility Improvements, Rural Road Improvements II, Traffic Safety Improvements IV and to AUTHORIZE the acquisition of necessary property and easements 8. Ordinance to EXTEND the date to satisfy Conditions re closure of portion of Scott Bend Lane (Approved April 21, 2015) 9. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement (MOA) for contribution of funds to the Department of the Army re projects at Lynnhaven Inlet: a. Maintenance Dredging b. Additional Work J. PLANNING 1. KELLYE V. GENTRY for a Variance to Section 4.4 (b) & (d) of the Subdivision Regulations for property at the West side of Vaughan Road DISTRICT 7- PRINCESS ANNE RECOMMENDATION: APPROVAL 2. ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road (Deferred from April 3, 2018) DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 3. LOGAN VIRGINIA PROPERTIES, LLC /BYLER AZALEA LLC & GATEWAY FREE WILL BAPTIST CHURCH, INC. for a Conditional Change of Zoning from B-2 Community Business, A-12 Apartment, R-7.5 Residential to Conditional B-2 Community Business at 5441 & a portion of 5473 Virginia Beach Boulevard DISTRICT 2- KEMPSVILLE RECOMMENDATION: APPROVAL 4. ACC PROPERTY SOLUTIONS, INC. for Conditional Change of Zoning from A-12 Apartment to Conditional R-5S Residential at 1602 Cypress Avenue DISTRICT 6- BEACH RECOMMENDATION: APPROVAL 5. EVERGREEN VIRGINIA, LLC for a Conditional Use Permit re car wash and a Modification of Conditions re motor vehicle sales and repair at 240 & 248 North Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard (Approved 1971, 1987, 1989, and 1997) DISTRICT 6- BEACH RECOMMENDATION: APPROVAL 6. HENRY W. & KAY F. STANLEY for a Conditional Use Permit re commercial kitchen at 312 Indian Avenue DISTRICT 6- BEACH RECOMMENDATION: APPROVAL K. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 04/12/2018 pm FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP April 24h SPECIAL FORMAL SESSION/PUBLIC HEARING—Convention Center April 25th FORMAL SESSION/PUBLIC HEARING—City Council Chamber May 1st RECONCILIATION WORKSHOP May 8th FORMAL SESSION/ADOPT BUDGET—City Council Chamber May 15th MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. SHORT TERM RENTAL—Discussion II. CITY MANAGER'S BRIEFINGS A. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) 1. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth Attorney 2. CLERK OF THE CIRCUIT COURT Tina Sinnen, Clerk 3. SHERIFF and CORRECTIONS Ken Stolle, Sheriff 4. EMERGENCY COMMUNICATIONS and CITIZEN SERVICES Stephen Williams, Director 5. EMERGENCY MEDICAL SERVICES Chief Edward Brazle 6. FIRE DEPARTMENT Chief David Hutcheson 7. POLICE DEPARTMENT Chief James Cervera 8. EMERGENCY MANAGEMENT Erin Sutton, Director B. BLOCK 2 TOWN CENTER Warren Harris, Director—Economic Development C. SPORTS CENTER LAYOUT Ronald H. Williams, Jr., Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Danette Crawford Pastor, Joy Ministries 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 April 3, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 1449 Old Virginia Beach Road 2. SALE OF EASEMENTS OVER CITY PROPERTY- Interfacility Traffic Area (ITA) a. 2813 Two Farms Lane b. Lots 7,8 and 12 in the 3300 Block of North Landing Road c. Winston Avenue and Indian River Road d. 3400 North Landing Road C: ,orJ J PUBLIC HEARING SALE OF EXCESS CRY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and sale of City-owned property, Tuesday, April 17, 2018 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia.The property is located at 1449 Old Virginia Beach Road(GPIN:2417-17- 3348).The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired, call 1-800-828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building#2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385-4161. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:April 8,2018 ra.: $2Z 4 )4-. ,•71., g• r ,,,,,_,,,,., ,,,,,..... PUBLIC HEARING SALE OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of restrictive easements to the United States Navy over City-owned properties in the Interfacility Traffic Area (ITA), Tuesday,April 17,2018 at 6:00 p.m.,in the Council Chambers of the City Hall Building(Building#1) Municipal Center, Virginia Beach,Virginia.The properties to be subject to the easement are (by location,approximate size,former owner, GPIN): 2813 Two Farms Lane (4.46± acres), acquired from Daniel E. Dufort and Angelique Y. K. Dufort, GPIN:1483-99-6027 Lots 7,8 and 12 in the 3300 Block of North Landing Road(6.62±acres total), acquired from BBF, LLC, GPINs: 1483-97-2977, 1483-98- 5001 and 1493-08-2056 Winston Avenue and Indian River Road(26.76±acres),acquired from Bessie L. Snowden, et al., GPINs: 1483-57-6267 and 1483-56-4890 3400 North Landing Road(8.959± acres),acquired from the Valentine E. Miller and Sylvia B. Miller Trust dated December 31, 1987; GPIN: 1483-88-8591 This hearing will be to obtain public input to determine whether these easements restricting uses should be declared "excess of the City's needs." If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385.4303;Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate,Municipal Building#2,Rom 392, (757)385-4161. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:April 8,2018 I. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE the property located at 1449 Old Virginia Beach Road to be in excess of the City's needs and AUTHORIZE City Manager to sell to Noele Paiso and Maria Paiso 2. Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America: a. 2813 Two Farms Lane b. Lots 7,8 and 12 in the 3300 Block of North Landing Road c. Winston Avenue and Indian River Road d. 3400 North Landing Road 3. Resolution to RENAME the Virginia Beach Fire Training Center, as "The Harry E. Diezel Virginia Beach Fire Training Center" 4. Ordinance to study pay disparities and ESTABLISH a Policy of Pay Parity for the Virginia Beach Sheriff's Office 5. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a project re I-264 Independence Interchange Improvements and AUTHORIZE the City Manager to enter into any necessary agreements for project development 6. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a locally administered project re Nimmo Parkway Phase VII-B and AUTHORIZE the City Manager to enter into any necessary agreements for project development 7. Ordinance to AMEND the adopted FY2017-18 Capital Improvement Plan's Project Description and Scope re Bus Stop Infrastructure and Accessibility Improvements, Rural Road Improvements II, Traffic Safety Improvements IV and to AUTHORIZE the acquisition of necessary property and easements 8. Ordinance to EXTEND the date to satisfy Conditions re closure of portion of Scott Bend Lane (Approved April 21, 2015) 9. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement (MOA) for contribution of funds to the Department of the Army re projects at Lynnhaven Inlet: a. Maintenance Dredging b. Additional Work CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 1449 Old Virginia Beach Road (GPIN 2417-17-3348) to be in excess of the City's needs and authorizing the City Manager to sell to Noele Paiso and Maria M. Paiso. MEETING DATE: April 17, 2018 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 1449 Old Virginia Beach Road (the "Property") on September 30, 2014 for $99,000. At the time of acquisition, the Property was improved with a single-family dwelling that has been demolished. The lot is 15,002 sq. ft. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owners. The sale would enhance the neighborhood and reduce density by one dwelling unit. Noele Paiso and Maria M. Paiso (the "Paisos") own the single-family residence at 464 Garcia Drive, adjacent to the Property. The Paisos have requested to purchase the Property in order to utilize it in a manner compatible with the APZ-1 Ordinance. • Considerations: The Paisos have agreed, at the City's cost, to resubdivide the Property with their contiguous lot. The resubdivision will create a new parcel. All interior property lines will be vacated and the sale will bar the addition of any dwelling units in perpetuity. The Paisos have agreed to pay $15,002 which is in compliance with previous excess City properties sold to adjacent property owners in the APZ-1 area. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of $630. • Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the Ordinance. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $15,002 shall be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works r``"'j%/ City Manager: \ 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 1449 OLD VIRGINIA BEACH ROAD 4 (GPIN 2417-17-3348) TO BE IN EXCESS OF THE 5 CITY'S NEEDS AND AUTHORIZING THE CITY 6 MANAGER TO SELL TO NOELE PAISO AND MARIA 7 M. PAISO 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 15,002 sq. ft. parcel of land located at 1449 Old Virginia Beach Road (the 11 "Property") more particularly described on Exhibit "A" attached hereto and made a part 12 hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a single-family dwelling unit that has since been 23 demolished; 24 25 WHEREAS, Noele Paiso and Maria M. Paiso (the "Paisos") own the 26 adjacent property at 464 Garcia Drive and have requested to purchase the Property in 27 order to utilize it in a manner compatible with the Ordinance; 28 29 WHEREAS, the Paisos desire to purchase the Property in accordance 30 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof (the 31 "Summary of Terms"); 32 33 WHEREAS, the APZ-1 Disposition Committee has recommended that 34 City Council declare the Property to be in excess of the City's needs and sell the 35 Property to the Paisos; and 36 37 WHEREAS, the City Council is of the opinion that the Property is in 38 excess of the needs of the City of Virginia Beach. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the Property located at 1449 Old Virginia Beach Road is hereby 44 declared to be in excess of the needs of the City of Virginia Beach and that the City 45 Manager is hereby authorized to execute any documents necessary to convey the 46 Property to Noele Paiso and Maria M. Paiso in accordance with the Summary of 47 Terms and such other terms, conditions or modifications as may be acceptable to the 48 City Manager and in a form deemed satisfactory by the City Attorney. 49 50 Further, that revenue from the sale of the Property in the amount of 51 $15,002 shall be received and fifty percent (50%) of the amount will be deposited for 52 appropriation in future Capital Improvement Program capital budgets in Capital 53 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and 54 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City 55 Manager to refund the Commonwealth's portion in accordance with the grant 56 agreement. 57 58 This ordinance shall be effective from the date of its adoption. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 day of , 2018. CA14191 R-1 3/22/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d021\p030\00459759.doc APPROVED AS TO CONTENT ( PROVED AS TO CONTENT CLVI'L.) Public Works Budget & Management Servi s APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office EXHIBIT "A" GPIN: 2417-17-3348 (1449 Old Virginia Beach Road) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel A, as shown on that certain plat entitled "SUBDIVISION OF PROPERTY OF WILLIS BUTTS, JR., ET UX, ET AL, BEING A PORTION OF PLOT 23, OCEANA GARDENS, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", dated October 11, 1983, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 173, at page 24. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Thomas A. Brown, by deed dated September 30, 2014, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20140930000923710. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1449 OLD VIRGINIA BEACH ROAD Seller: City of Virginia Beach Buyer: Noele Paiso and Maria M. Paiso Property: 1449 Old Virginia Beach Road (GPIN: 2417-17-3348), consisting of approximately 15,002 square feet Legal Description: See Exhibit "A" to Ordinance Sale Price: $15,002 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyer's adjacent property at the Seller's expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before December 31, 2019. u z _�--- ,, 0w \ az � ce0 a) a) ce = HopLL8 awvz � QaQwc2 AVAIVE..\,6---- ZCem < ti O >_ow0N 2 ti o 1 \-- Q 1 U cei— z 0 -, > a Lo J C7 011XONWcr) III m� O Z \I T o 1.1 \ 50 =ii J O RUDDER RD i .. i _ ' L. 1 ___., li I N l I o octo 2 H .� T r- cooL 'c a C7o op TD eacu = iiLI0 0 ili .a TIdI J LCT) M _c N A o - c/) Z Cl) O ~ d N 13 a a o O Z co C U CV Q > N _ a � a) v J GREAT NECK RD , c Z 1AB Virginia Beach APPLICANT'S NAME Noele Paiso & Maria M. Paiso DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/ All disclosures must 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 • NO CHANGES AS OF O REVISIONS SUBMITTED Virginia Beach ❑X 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: Noele Paiso & Maria M. Paiso If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n X Accounting and/or preparer of your tax return f V Architect / Landscape Architect / L� Land Planner Contract Purchaser (if other than Ev the Applicant) - identify purchaser /� and purchaser's service providers Any other pending or proposed n n purchaser of the subject property 1 (identify purchaser(s) and purchaser's service providers) ElConstruction Contractors I I �( Engineers / Surveyors/ Agents /� Financing (include current JG (,( 14-wor---h'i LLi� x n mortgage holders and lenders �G (Nw�t�k r�l�e— selected or being considered to ��"� provide financing for acquisition (iI�tiGuC�I, V�, t&C• or construction of the property) v , N. 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 ;Er 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 i 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. , / (•lo -E sc. 1534-10 I aM Zai APPLI ANT'S SIGTURR�E PRINT NAME DATE 1, Ila XVIII rtk Marla Mjcti S° I). Moll 2.t1g Page 5 of 7 4VB OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of I I your tax return Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) _ 0Construction Contractors Engineers / Surveyors/ Agents Financing (include current JG 10e144-(430 rili n mortgage holders and lenders / � selected or being considered to g(}171f � e G-tZ provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 0 P 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 f 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 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. \A f Mw 1`,/, ,_ ��`� ,)��i,�a4) 18- PROPERTY OWNER'S SIGNATU 4f$ PRINT NAME DATE Page 7 of 7 z ,..6jv 1?,' [ ,c0i6.0.1?-•,w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City-owned properties known as 2813 Two Farms Lane (GPIN: 1483-99-6027); Lots 7, 8 and 12 in the 3300 Block of North Landing Road (GPINs: 1483-97-2977, 1483-98-5001 and 1493- 08-2056); 26.76± acres of land at Winston Avenue and Indian River Road (GPINs: 1483-57-6267 and 1483-56-4890); and 3400 North Landing Road (GPIN: 1483-88-8591) in the Interfacility Traffic Area to be excess property interests and authorizing the City Manager to convey same to the United States of America MEETING DATE: April 17, 2018 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA (later extended to the Rural AICUZ Area), and the Navy would pay to the City 100% of the appraised value of the Restrictive Easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1,872 acres for a total of $15,459,245 and in exchange for the Marshview property. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase easements over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size in GPIN Former Owner City's Cost Purchase Funds to Be Acres to Price from Returned to (approx.) Acquire Navy for Commonwealth Easement 1 2813 Two Farms 4.46 1483-99-6027 Dufort $619,000 $297,500 $148,750 _ Lane 2 North Landing 6.62— 1483-97-2977 BBF, LLC $420,000 $210,000 $105,000 Road total 1483-98-5001 1493-08-2056 3 Winston Avenue & 26.76— 1483-57-6267 Snowden $535,100 $267,550 $133,775 Indian River Road _ total 1483-56-4890 4 3400 North Landing 8.959 1483-88-8591 Valentine Trust $435,000 $215,000 $107,500 Road TOTAL 46.799 $2,009,100 $990,050 $495,025 • Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, ORD-3333U, and ORD-3449D, the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easements to be conveyed over the property identified on the table shown herein would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easements would recoup for the City and the Commonwealth approximately 50% of the purchase price paid for these ITA acquisitions, for a total sales price of $990,050. • Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virqinian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The City funded the acquisition of the properties listed on the table shown herein (as noted in the far right column in the table) through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Restrictive Easements over these properties in the amount of $990,050 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting De• . . Agency: Public Works/Real Estate City Manage �� ' 9 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES KNOWN AS 2813 TWO FARMS 3 LANE (GPIN: 1483-99-6027); LOTS 7, 8 AND 12 IN THE 3300 4 BLOCK OF NORTH LANDING ROAD (GPINS: 1483-97-2977, 5 1483-98-5001 AND 1493-08-2056); 26.76± ACRES OF LAND AT 6 WINSTON AVENUE AND INDIAN RIVER ROAD (GPINS: 1483-57- 7 6267 AND 1483-56-4890); AND 3400 NORTH LANDING ROAD 8 (GPIN: 1483-88-8591) IN THE INTERFACILITY TRAFFIC AREA 9 TO BE EXCESS PROPERTY INTERESTS AND AUTHORIZING 10 THE CITY MANAGER TO CONVEY SAME TO THE UNITED 11 STATES OF AMERICA 12 13 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 14 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 15 Virginia, which properties are identified as follows (collectively, the "Properties"): 16 17 1. 2813 Two Farms Lane (4.46± acres), acquired from Daniel E. 18 Dufort and Angelique Y.K. Dufort, GPIN: 1483-99-6027 19 20 2. Lots 7, 8 and 12 in the 3300 Block of North Landing Road (6.62± 21 acres total), acquired from BBF, LLC, GPINs: 1483-97-2977, 1483- 22 98-5001 and 1493-08-2056 23 24 3. Winston Avenue and Indian River Road (26.76± acres), acquired 25 from Bessie L. Snowden, et al., GPINs: 1483-57-6267 and 1483- 26 56-4890 27 28 4. 3400 North Landing Road (8.959± acres), acquired from the 29 Valentine E. Miller and Sylvia B. Miller Trust dated December 31, 30 1987; GPIN: 1483-88-8591 31 32 33 WHEREAS, on September 27, 2007, the City and the United States of 34 America, Department of the Navy (the "Navy") entered into an agreement (the 35 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 36 incompatible development; 37 38 WHEREAS, the terms and provisions of the Encroachment Partnering 39 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 40 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 41 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 42 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 43 property the City acquired; 44 45 WHEREAS, the City acquired the Properties pursuant to the ITA 46 Acquisition Program, an element of the City's BRAC response program; 46 WHEREAS, the City funded the acquisition of the Properties through a 47 partnership with the Commonwealth of Virginia (the "Commonwealth"); and 48 49 WHEREAS, the City Council of the City of Virginia Beach finds that the 50 Restrictive Easements over the Properties are in excess of the City's needs and finds 51 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 52 Encroachment Partnering Agreement, as amended, will allow the City and the 53 Commonwealth to recover a portion of the funds paid for the Properties. 54 55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 1. That Restrictive Easements over the Properties identified above are 59 hereby declared to be in excess of the needs of the City of Virginia Beach; 60 61 2. That the City Manager is hereby authorized to execute any documents 62 necessary to convey the Restrictive Easements to the Navy, in substantial conformity 63 with the terms and provisions of the Encroachment Partnering Agreement dated 64 September 27, 2007, as it has been or may be amended, and such other terms, 65 conditions or modifications as are deemed necessary and sufficient by the City Manager 66 and in a form deemed satisfactory by the City Attorney. 67 68 3. That revenue from the sale of the Restrictive Easements in the amount of 69 $990,050.00 shall be received, and fifty percent (50%) of this amount shall be deposited 70 for appropriation in future Capital Improvement Program capital budgets in #9-059, 71 Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) 72 shall be deposited for future payment to the Commonwealth by the City Manager to 73 refund the Commonwealth's portion in accordance with the grant agreement. 74 75 This ordinance shall be effective from the date of its adoption. 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the 78 day of , 2018. R-1 4/2/2018 CA14195 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d002\p027\00455964.doc APPROVED AS TO CONTENT APPROVED AS O C TENT Public Works/Real Estate Budget & Management rvices APP- • -.' AS TO LEGAL SUFFICIENCY City A- •rney's Office EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from Y Y fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade - building materials, hardware and farm Y Y equipment Retail trade - general merchandise Y Y Retail trade - food Y Y Retail trade- automotive, marine craft, aircraft and Y Y accessories Retail trade - apparel and accessories Y Y Services Retail trade- furniture, home, furnishings and equipment Y Y Retail trade- eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. m Illigilf N xsxLa,, ). apo z 4fr-a r (, <aaiaa^a V 5 H Z w°!6 r Z < W VW 2 e % Emli- ti s g m s W - a $ -v'z. O > >1. t x R \ ® . ›,>>>> > u u z u V u 1a E 00 0❑ �aa9`i a=a zm w a ° I4 a C aa, Z, c U c L al > J 406 a0 • ° c Z d E c IIw‘ \IM .0 > £ Ai: "'Air 0 '1, — a: Aw..1 ki •. '' .min CD ir In C s- 6 a 0 p ' 0a e • °It o 0 z 1 to.0:1110 hid y Qn 03 •v l �� _ co co CA N h o in o N CO a) O CA o o �� co. 1- CIO CD N to N Q r N- co co 0) N- CO CO o in U U? A fA o o O _ m : co co co co co co co >, 5' L. ,. 693i . x iööööciö ° t 7 ,, :... i., Z.q J CITY OF VIRGINIA BEACH AGENDA ITEM __ ITEM: A Resolution Renaming the Virginia Beach Fire Training Center as "The Harry E. Diezel Virginia Beach Fire Training Center" MEETING DATE: April 17, 2018 • Background: Former Fire Chief Harry Diezel has spent virtually his entire life in service to his community. After serving as a volunteer firefighter and then a career firefighter, his military service included assignments with the 82nd Airborne and 1st Calvary Divisions. In 1974, he was selected to be the City's Fire Chief. His thoughtful and strong leadership during the following two decades did much to shape the Fire Department into what it is today. In 2002, he was appointed to fill a vacancy on the City Council, and he subsequently was elected to two additional terms of office as the Kempsville District representative. • Considerations: One of his most important achievements as Fire Chief was the creation of the City's Fire Training Center. Because of his efforts, the center was funded, designed and built as a state-of-the-art facility with a 120-seat auditorium, training classrooms, administrative offices, a full-service library and a burn building. Thousands of firefighters have received essential firefighting and lifesaving training at the facility since its opening in 1979. This resolution renames the center in his honor. • Public Information: The item will be advertised as part of the normal Council agenda process. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION RENAMING THE VIRGINIA BEACH 2 FIRE TRAINING CENTER AS "THE HARRY E. 3 DIEZEL VIRGINIA BEACH FIRE TRAINING CENTER" 4 5 WHEREAS, former Fire Chief Harry Diezel has spent virtually his entire life serving 6 his community and his country; 7 8 WHEREAS, he first entered the fire service in 1958 as a volunteer member of the 9 Fairfax County Fire and Rescue Services, and in 1966 he became a career firefighter; 10 11 WHEREAS, his volunteer service was punctuated with the completion of military 12 duty and included assignments to the 82nd Airborne and 1st Calvary Divisions; 13 14 WHEREAS, Chief Diezel assumed the position of Fire Chief in Virginia Beach on 15 May 1, 1974, and at that time was only the second person to serve as Chief; 16 17 WEHREAS, Chief Diezel's thoughtful and strong leadership did much to shape the 18 Fire Department into what it is today; 19 20 WHEREAS, when Chief Diezel took the helm of the Virginia Beach Fire 21 Department, there were only 120 career firefighters; now there are almost 500; 22 23 WHEREAS, in order to professionalize the department and prepare its members 24 for the future, Chief Diesel in 1975 initiated the process to secure the necessary funding 25 from the Commonwealth of Virginia and the City to build a dedicated fire training facility; 26 27 WHEREAS, because of his efforts, the 10,000 square foot state-of-the-art Fire 28 Training Center was funded, designed and built, with a 120-seat auditorium, training 29 classrooms, administrative offices, a full-service library and a burn building; 30 31 WHEREAS, the first firefighter recruit class was trained in the building soon after 32 its opening in 1979, and in the years since then, thousands of firefighters have received 33 essential firefighting and lifesaving training at the facility; 34 35 WHEREAS, Chief Diezel also supported the development and funding of the 36 Urban Search and Rescue Team, which led to the development of the Virginia Beach-led 37 FEMA team, Virginia Task Force 2, and members of that team as well as other FEMA 38 teams from across the country trained at the Fire Training Center; 39 40 WHEREAS, his leadership extended beyond the operational aspects of the Fire 41 Department: among many other things, he took an active role in protecting the health and 42 welfare of his personnel by implementing the City's first no-smoking and no-tobacco- 43 consumption policy for new Fire applicants; 44 45 WHEREAS, Chief Diezel retired in September 1997, but his commitment to public 46 service continued: In 2002, he was unanimously appointed to the City Council to 47 represent the Kempsville District of Virginia Beach, and he subsequently was elected to 48 two additional terms of office, serving on the City Council for more than ten years; 49 50 WHEREAS, his support for public safety also included his service on the City 51 Manager's Management Leadership Team, where he acted as an ombudsman for all 52 public safety divisions within the City; and 53 54 WHEREAS, the City Council wishes to express its deep appreciation for former 55 Chief Diezel's decades of exemplary public service to our City by renaming the City's fire 56 training center in his honor; 57 58 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA: 60 61 1. That the Virginia Beach Fire Training Center, located at 927 Birdneck Road, is 62 hereby renamed as "The Harry E. Diezel Virginia Beach Fire Training Center"; and 63 64 2. That the City Manager is hereby directed to take all steps necessary to revise 65 all signage for the facility and all other references to the facility to include this new name. 66 67 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 68 of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14358 R-2 April 9, 2018 ,441;'441;' y1� r re (f s; L`. tiff CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Study Pay Disparities and to Establish a Policy of Pay Parity for the Virginia Beach Sheriffs Office MEETING DATE: April 17, 2018 • Background: The Virginia Beach Sheriff's Office (the "VBSO") salary funding includes a significant portion from the Commonwealth through the State Compensation Board (the "Comp. Board"). The City is permitted by law to supplement the amount provided by the Comp. Board provided the supplements are wholly payable from local funds. Page 285 of the City Manager's Proposed FY19 Operating Budget provides a comparison of the average Comp. Board salary and the average City salary for such positions. The Council in 2002 adopted an ordinance which provided a policy of maintaining starting salaries of at least 90% of stating salaries for comparable Police positions. In the intervening fifteen years, the Commonwealth's funding of the VBSO has not kept up with the funding the City provides to the Police Department. • Considerations: The attached ordinance revokes the 90% policy, and it seeks to study pay disparities between the VBSO and the Police Department. The study will review "total compensation" which is defined in the ordinance to mean all salary and fringe benefits available to the employee including such benefits as are generally classified as an incentive. The study will compare ranks and job titles, and the study would be required to be completed in time for a written report and public briefing before December 31, 2018. After the study, the ordinance would require aligning the VBSO and Police pay plans. The ordinance would require incrementally closing the pay disparities over a four-year period and committing to maintaining pay parity thereafter. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; ORD #2773E, adopted June 24, 2003 Requested by Mayor Sessoms, Vice Mayor Jones and Councilmembers Davenport, Kane, Henley, Wilson and Wood REQUESTED BY MAYOR SESSOMS, VICE MAYOR JONES AND COUNCILMEMBERS DAVENPORT, KANE, HENLEY, WILSON AND WOOD 1 AN ORDINANCE TO STUDY PAY DISPARITIES AND 2 TO ESTABLISH A POLICY OF PAY PARITY FOR THE 3 VIRGINIA BEACH SHERIFF'S OFFICE 4 5 WHEREAS, in 2003, the City Council adopted an ordinance that committed to 6 maintaining starting salaries for the Virginia Beach Sheriff's Office (the "VBSO") to at least 7 90% of the starting salaries for comparable Police positions; and 8 9 WHEREAS, in the intervening fifteen years, the Commonwealth's funding of the 10 VBSO has not kept up with the funding the City provides to the Police Department (the 11 "VBPD"); and 12 13 WHEREAS, the City Council sees the VBSO as an equal partner in the Public 14 Safety Community of the City of Virginia Beach; and 15 16 WHEREAS, the City Council desires to address pay disparities between the 17 employees of the VBSO and the VBPD; and 18 19 WHEREAS, to do a proper study of pay disparities, such study must take into 20 account the total compensation available to the employee, and for purposes of this 21 ordinance, "total compensation" shall mean all salary and fringe benefits available to the 22 employees including such benefits that are generally classified as an incentive. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. Paragraph 2 of Ordinance #2773E, attached hereto as Exhibit A, stating the City's 28 intent to maintain starting salaries for the VBSO to at least 90% of the starting 29 salaries of comparable Police positions is hereby repealed. 30 31 2. The Council directs the City Manager to initiate a study comparing the total 32 compensation of employees of the VBSO and the VBPD with such study reviewing 33 both time of service and time in rank. The study shall provide an analysis of 34 comparable ranks and job titles, and the comparison shall include job requirements 35 such as education, experience, and other requirements such as certificates or 36 licensures. If one office does not have a comparable rank or job title, the study 37 should include findings regarding such conclusions. The City Manager shall 38 provide a written report and public briefing of the results of such study to the 39 Council no later than December 31, 2018. 40 41 3. As of July 1, 2019 the VBSO shall be on the same pay plan as the VBPD such that 42 hiring pay is the same, the pay ranges are the same, and the pay increases are 43 the same provided the study described in section 2, supra, concludes such ranks 44 or job titles are comparable. 45 46 4. If the study identifies a pay disparity between the total compensation for employees 47 of the VBSO and the VBPD, the City Council desires the closing of such pay 48 disparity, which is to occur, subject to annual appropriation of sufficient funds by 49 the Council, over a period of four-years with each fiscal year addressing 25% of 50 such disparity. Once pay parity is achieved, the Council desires to maintain pay 51 parity thereafter. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO LEGAL SUFFICIENCY: Dana Harmeyer Office of the City Attorney CA14115 R-3 March 29, 2018 Ex /4ia1 A ORI) - 2773E 1 AN ORDINANCE TO APPROPRIATE 2 $274,329 TO THE SHERIFF'S 3 DEPARTMENT FY 2003-04 OPERATING 4 BUDGET TO ADDRESS COMPENSATION 5 ISSUES AND PROVIDE FOR THE PURCHASE 6 OF ADDITIONAL EQUIPMENT 7 8 9 10 WHEREAS, the State has provided $142,950 to fund a 2.25% 11 increase in the salaries of sworn positions in the Sheriff's 12 Department effective December 1, 2003 along with an additional 13 $2,619 for the purchase of a computer terminal to perform 14 background checks; and 15 WHEREAS, to allow the 2.25% increase to become effective 16 July 1, 2003, the Sheriff will provide $128,760 from fund balance 17 in the Sheriff's Department Special Revenue Fund. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1. That $145,569 in additional state revenue and $128,760 21 of fund balance from the Sheriff's Department Special Revenue 22 Funds is hereby appropriated to the Sheriff's Department Special 23 Revenue Fund in the FY 2003-04 Operating Budget to fund salary 24 adjustments effective July 1, 2003 and for office equipment. 25 2 . That the City will maintain starting salaries within 26 the Sheriff's Department at least 90% of starting salaries 27 for comparable Police positions. 28 3. That, in the FY 2003-04 Operating budget, estimated 29 revenue from the state.government is hereby increased by $145,569 30 and estimated revenue from the fund balance of the Sheriff's 31 Department Special Revenue Fund is hereby increased by $128,760. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia on the 24th day of June 2003. 34 35 APPROVED AS TO CONTENT APPROVED AS TO LEGAL 36 SUFP'CIENCY 37 4144441" 7rff�. la. 1 ' J1 3B a L 39 40 Department of Management Services Department of Law 41 CA8905 4 -- , :-.7r'''',..i-g""*'1/24:!' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Request the Commonwealth Transportation Board Establish a Project for CIP# 2-127 1-264 / Independence Interchange Improvements and Authorize the City Manager to Enter into Any Necessary Agreements for Project Development MEETING DATE: April 17, 2018 • Background: The Virginia Department of Transportation (VDOT) requires a locality to submit a formal Resolution requesting the establishment of a new stand-alone project in VDOT's Six Year Improvement Plan (SYIP). Inclusion in the SYIP allows VDOT to provide oversight on the project. CIP# 2-127 1-264 / Independence Interchange Improvements is an active project in the Roadways CIP and is partially funded with local funds to develop an Interchange Modification Report (IMR). A VDOT 1-264 Corridor Evaluation Study dated July 2016 identified several alternatives to improve the sub-standard 1-264 / Independence Boulevard Interchange. Capacity analyses performed in the July 2016 VDOT study indicated that a majority of the 1-264 / Independence Boulevard Interchange will operate significantly over capacity by the year 2040. Furthermore, the report indicated that several intersections within the interchange will operate as sub-standard Level of Service (LOS) "F" by 2040. The 1-264 / Independence Interchange Improvements CIP Project will further analyze the 1-264 / Independence Boulevard Interchange improvement alternatives from the July 2016 VDOT study, develop an IMR, and eventually implement the preferred interchange alternative as identified in the IMR. The IMR will provide more detailed information to enable decision makers to better determine which improvement alternative is best suited to address current and future interchange capacity issues. The 1-264 / Independence Interchange Improvements project is currently in the preliminary design phase, and the IMR is in progress. VDOT is managing the IMR because the study area involves a state-owned interstate. • Considerations: The establishment of the 1-264 / Independence Interchange Improvements project in VDOT's SYIP will allow VDOT to move forward with the required IMR to identify preferred improvements to the sub-par 1-264 / Independence Boulevard Interchange. Since the project area is located on state-owned land, VDOT's involvement is required to move the project forward. If the 1-264 / Independence Interchange Improvements project is not established as a stand-alone project in VDOT's SYIP then the IMR will be halted, a preferred alternative will not be identified, and the overall project will not move forward. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, a public meeting will be held for the 1-264 / Independence Interchange Improvements project, CIP #2-217, during the project development process. • Attachments: Resolution; Location Map Recommended Action: Approval of Resolution Submitting Departme gency: Public Works/Engineering I' 9f - City Manager: b Jb pr 1 A RESOLUTION TO REQUEST THE COMMONWEALTH 2 TRANSPORTATION BOARD ESTABLISH A PROJECT 3 FOR CIP# 2-127 1-264/ INDEPENDENCE INTERCHANGE 4 IMPROVEMENTS AND AUTHORIZE THE CITY MANAGER 5 TO ENTER INTO ANY NECESSARY AGREEMENTS FOR 6 PROJECT DEVELOPMENT 7 8 WHEREAS, in accordance with the Commonwealth Transportation Board 9 construction allocation procedures, it is necessary that a resolution be received from the 10 sponsoring local jurisdiction or agency requesting the Commonwealth Transportation 11 Board establish a project in the City of Virginia Beach and set forth other project related 12 permissions required by the Virginia Department of Transportation (VDOT); 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1. The City requests that the Commonwealth Transportation Board establish a 18 project for the construction of CIP #2-127 1-264/Independence Interchange 19 Improvements; 20 21 2. The City hereby agrees to provide its share, subject to the appropriation of funds 22 by the City Council, of the total cost for preliminary engineering, right-of-way and 23 construction of this project in accordance with the project financial documents; 24 25 3. The City hereby agrees to enter into a project administration agreement with 26 VDOT and provide the necessary oversight to ensure the project is developed in 27 accordance with all applicable federal, state and local requirements for design, 28 right-of-way acquisition, and construction of the project; 29 30 4. The City, subject to appropriation by the City Council with annual financial 31 contributions by the State, will be responsible for the maintenance of the roadway 32 as constructed unless other arrangements have been made with VDOT; 33 34 5. If the City subsequently elects to cancel the project, the City hereby agrees to 35 reimburse, subject to appropriation of funds by the City Council, VDOT for the 36 total amount of costs expended by VDOT through the date VDOT is notified of 37 such cancellation. The City also agrees to repay, subject to appropriation by the 38 City Council, any funds previously reimbursed that are later deemed ineligible by 39 the Federal Highway Administration or VDOT; and 40 41 6. The City Council hereby authorizes the City Manager to apply for funds and 42 execute project administration agreements, as well as other documents 43 necessary for the approved project. 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: illCc)r tAT, David Bradley Dana -armeyer Budget d Management Services City Attorney's Office CA14353 R-2 April 5, 2018 Orr"' l•�` • w`ra �.-...-a 1r, v� .mow .1 rc, 'cm ■J tP' C J�. 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COMMERCE ST �, i N1 J i , 1 , iitzlitlut_ii in sOccom:4111.111.11 li I, co MI : li & Elk 1 --J • 0- COLUMBUS ST 0 1- - 1-264/Independence Interchange Improvements j IA ii de = ..p,; ••' �� >�_Q * �m�e��arrooar.� ppa®�a � u■: LISBO tf* A� iQ 2_ luli or S� .t:7s�t1”`�i I' NEN G;!ap G..'a�G� r c` nc,, ,�ee `� r 1 a !• . \ 1„,,,,:Nat-,,,, �� `" I .i+ , ♦wCAr�Q7i911 f7f�9 7 141+7 ` 9 &- l A" .aJL7L7t.'1t �,. Q` �OL L vt i y ,c,I 43 top 'P n r 44 ct,g,,, a & vf.' t..14,,b - , _ _____,..=. %,.d. 0)._ iii Fj / 'pN,,,�}�\ (13-1,154449',. —<?6O,,>�Oh<•,J`,��i�ONO PGP I j' ^`�, 4'� `4" o �j ','It; its (,,,-.,,,,cr...-..,,),sirt.„,,,,..# t,titio,td, „r,1. ' t,, ,A,O.' ' *a-ill-L.* r �� ® %.„. BEN ��slit. A,,,,94,ti 1 �� BEND or �� RD 11 r"/419,t ,� �.� •• • - �� i0, .Aber � �' 264 riMg, `V nt. _ r '-`,10 �. �Q (� \ SOUTHBLVD� �tt.r ;,. •017 . 'Q ,0. `'a • %,`, V, i. . SNF .Sti`'N, ff`1 6: \;k4 ` \�. 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Os •`' .'"e,-4-t, . . loto.1,,,i . 734...-4.3., ..,..:€.• • /','<.:'4- \A itS1 r)14• ' \/ *.4 .("4.), - ''' .'1,447,/ j /41 V..tib �Dy ♦ti ,,„ • ,R- A t''•A. w�` OFi�'N / J p+‘.7,f_ #4'> • 0 , % //It: ••• ,, lit Ir.,. <44.74...... . . .,, ,s , ..,:x e)._•0 , ?rAtioN. 4 ''vo`� +c ._? , . .� of>,,.-61., . ,I=.e-f,,..); �� o � e`� o�o `�P� y �� do o, ��G.�'o�-"P;c)C.i 4 bl.'''';',.(1..#.,;?,0,4)ip;��♦�o� o� a�ov i. r 44 p , 1\N -,__,-_ obit 'D ,„.,tPe,- *``)k‹.-:1;14'soG `",e;'' '34rli i '40*.'`'`Yo - ' 111 th 0 , !,-, " .-$1$ 4 - itgir.e. *Gle N - •,t/44 - r - N. /1/,, N `litLX0s s LOCATION MAP u 1i0'cG� 't= ' �22e 1-264/INDEPENDENCE INTERCHANGE IMPROVEMENTS ie.#, �o CIP 2.127.000 ? �e ® !►� ® 0 600 1,200 2,400 VII L r�p.� •�®��c�,_' Feet Prepared by P.W./Eng./Eng.Support Services Bureau 03-23-18 X'\CADD\ProjectsWRC Files\AGENDA MAPS\Independence Siva 264-Independence Interchange Improvements\I 264-Independence Interchange Improvements.mxd i 1 �1 1 i 1 si .i e.<f CITY OF VIRGINIA BEACH AGENDA ITEM .�-1 ITEM: A Resolution to Request the Commonwealth Transportation Board Establish a Locally Administered Project for CIP# 2-110 Nimmo Parkway Phase VII-B and Authorize the City Manager to Enter into Any Necessary Agreements for Project Development MEETING DATE: April 17, 2018 • Background: The Virginia Department of Transportation (VDOT) requires a locality to submit a formal resolution requesting the establishment of a new project in VDOT's Six Year Improvement Plan (SYIP). Inclusion in the SYIP allows VDOT to provide oversight on the project. CIP# 2-110 Nimmo Parkway Phase VII-B is an active project in the Roadways CIP and is partially funded with local funds. The project will construct a two-lane undivided roadway with shoulders, on-road bike lanes and a single shared-use path from Albuquerque Drive to the western terminus of the Sandbridge Road — Nimmo Parkway Phase VII-A project (CIP #2-078). The project will also include a bridge spanning Ashville Bridge Creek and the adjacent flood plain/wetlands area. The Nimmo Parkway Phase VII-B project is currently in the design phase and is located in an environmentally sensitive area. Environmental permits will be needed from the United States Army Corp of Engineers (USACE) and the Department of Environmental Quality (DEQ). Additionally, the Nimmo Parkway Phase VII-B project will follow the National Environmental Policy Act (NEPA) process for environmental review. • Considerations: The establishment of the Nimmo Parkway Phase VII-B project in VDOT's SYIP and the corresponding VDOT oversight will provide the City efficiencies throughout the NEPA process as well as help in securing the necessary environmental permits through the USACE and DEQ. These efficiencies will both streamline the permitting and NEPA process and assist in final approval. If the Nimmo Parkway Phase VII-B project is not established as a stand-alone project in VDOT's SYIP, the City will not benefit from VDOT's efficiencies, and the process to secure the necessary environmental permits and receive NEPA approval will take significantly more time. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, a public meeting will be held for the Nimmo Parkway Phase VII-B project, CIP #2-110, during the project development process. • Attachments: Resolution; Location Map Recommended ' - 'on: Approval of Resolution Submitting De.art . t/A•ency: Public Works/Engineering ` City Manager: /m. •A 1 A RESOLUTION TO REQUEST THE COMMONWEALTH 2 TRANSPORTATION BOARD ESTABLISH A LOCALLY 3 ADMINISTERED PROJECT FOR CIP# 2-110 NIMMO 4 PARKWAY PHASE VII-B AND AUTHORIZE THE CITY 5 MANAGER TO ENTER INTO ANY NECESSARY 6 AGREEMENTS FOR PROJECT DEVELOPMENT 7 8 WHEREAS, in accordance with the Commonwealth Transportation Board 9 construction allocation procedures, it is necessary that a resolution be received from the 10 City Council requesting that the Commonwealth Transportation Board establish a 11 project in the City of Virginia Beach and set forth other project related permissions 12 required by the Virginia Department of Transportation (VDOT); 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1 . The City requests that the Commonwealth Transportation Board establish a locally 18 administered project for the construction of CIP #2-110 Nimmo Parkway Phase VII- 19 B; 20 21 2. The City hereby agrees to provide its share, subject to the appropriation of funds by 22 the City Council, of the total cost for preliminary engineering, right-of-way and 23 construction of this project in accordance with the project financial documents; 24 25 3. The City hereby agrees to enter into a project administration agreement with VDOT 26 and provide the necessary oversight to ensure the project is developed in 27 accordance with all applicable federal, state and local requirements for design, right- 28 of-way acquisition, and construction of the project; 29 30 4. The City, subject to appropriation by the City Council with annual financial 31 contributions by the State, will be responsible for the maintenance of the roadway as 32 constructed unless other arrangements have been made with VDOT; 33 34 5. If the City subsequently elects to cancel the project, the City hereby agrees to 35 reimburse VDOT, subject to appropriation of funds by the City Council, for the total 36 amount of costs expended by VDOT through the date VDOT is notified of such 37 cancellation. The City also agrees to repay, subject to appropriation by the City 38 Council, any funds previously reimbursed that are later deemed ineligible by the 39 Federal Highway Administration or VDOT; and 40 41 6. The City Council hereby authorizes the City Manager to apply for funds and execute 42 project administration agreements as well as other documents necessary for the 43 approved projects. 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: vA,u 2- ,, David radley Dana Harmeyer Budge and Management Services City Attorney's Office CA14354 R- April 5, 2018 &Fa ( J _ I . * • W -6 E vjA414 . _ , --., , r r I S IV* -. ‘.114 44 y Sew T Amp` TE ecs z co AXP. -imitif•ti,,K ,liprierdirt 711Mdao f a :4.07,,I,":7444. ,1, *) t;:( S\ °Ji U.44119 45 ilio, tiz. k\s _. ,(40,;. „ 4.1tta ..,.. ,„, • 4 rid/IV . 441 141t1414 11114 ''ca,91407 Millii Il if 0- k P-41 Ito :1`\P'®• Nimmo Parkway - PhaseVII-B ®�4�- ® 40 *41, '/W A--41itp it . 14,-• q�4®*'4.b1/ 007,41%-qs,-;<,-.4irsterag ititti 44,4vi4.41*/ r � q;pR�alt ,. O 6 G O 4 �•j itz p C £ .+a_ k COQ?. 41 la `�,.111°1130? LOCATION MAP AMU -- , i 02ir , Nimmo Parkway - PhaseVII-B aIL CIP 2.110.000 �, & y `,p c: � Feet ® 0 600 1,200 2,400 Dronnreri k,,,DIA/=nn /Fnn CIennnr4 cor.oroc p , ,ii no_7R_1A X:\CADD\Proiects\ARC Files\AGENDA MAPSWimmo Pkwv\Phase VH-B r,Q, rl, CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Amend the Adopted FY2017-18 Capital Improvement Program's Project Description and Scope for CIP# 2-094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road Improvements II, and CIP #2-111 Traffic Safety Improvements IV to Authorize the Acquisition of Necessary Property and Easements MEETING DATE: April 17, 2018 • Background: Code of Virginia § 15.2-1803 provides that real estate cannot be conveyed to a locality unless the locality's governing body authorizes and accepts said property. The acquisition of necessary property and easements must be included in the Description and Scope and/or Schedule of Activities sections of the approved Capital Improvement Program. The approved FY2017-18 Roadways CIP Sheets for CIP# 2-094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road Improvements II, and CIP #2- 111 Traffic Safety Improvements IV do not specifically reference the acquisition of land or easements in the Description and Scope and/or Schedule of Activities sections. The aforementioned CIPs are Roadway Programs that typically do not require acquisition for construction. The proposed revision to the approved FY2017-18 Roadways CIP Sheets for CIP# 2-094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road Improvements II, and CIP #2-111 Traffic Safety Improvements IV would allow for the acquisition of real property necessary for the project subject to the appropriation of sufficient funds. • Considerations: The approved FY2017-18 Roadways CIP Sheets for CIP# 2- 094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road Improvements II, and CIP #2-111 Traffic Safety Improvements IV need to be revised to include language authorizing the acquisition of necessary property and easements to the extent funding is available for projects within the aforementioned Programs to move forward. If site acquisition is not authorized for these active Roadways Programs then necessary property required to construct needed projects within the aforementioned Programs will not be acquired and the projects will languish. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, project specific public involvement is included during the design process for all projects within CIP# 2-094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road Improvements II, and CIP #2-111 Traffic Safety Improvements IV. • Attachments: Ordinance; Amended FY2017-18 CIP Sheets for CIP# 2-094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road Improvements II, and CIP #2-111 Traffic Safety Improvements IV Recommended Action: Approval of Ordinance Submitting De►artme Agncy: Public Works/Engineering City Manager: L I♦° 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2017- 2 18 CAPITAL IMPROVEMENT PROGRAM'S PROJECT 3 DESCRIPTION AND SCOPE FOR CIP #2-094 BUS 4 STOP INFRASTRUCTURE AND ACCESSIBILITY 5 IMPROVEMENTS, CIP #2-024 RURAL ROAD 6 IMPROVEMENTS II, AND CIP #2-111 TRAFFIC SAFETY 7 IMPROVEMENTS IV TO AUTHORIZE THE 8 ACQUISITION OF NECESSARY PROPERTY AND 9 EASEMENTS 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That the project description and scope, within the Adopted FY 2017-18 CIP, for 15 CIP# 2-094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road 16 Improvements II, and CIP #2-111 Traffic Safety Improvements IV, are hereby amended to 17 include the authority to acquire property and easements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ,-t -i/d- I ._. e /1--z-----____----- partment of ublic Works Da il• Bradley Bus yet and Management Services APPROVED AS TO LEGAL SUFFICIENCY: ,.1 D. ,_ Dana Harmeyer City Attorney's Office CA14355 R-1 April 4. 2018 City of Virginia Beach FY 2018 thru FY 2023 Capital Improvement Program Project: 2094000 I Title:Bus Stop Infrastructure and Accessibility Improvements Status:Approved Category: Roadways Department:Strategic Growth Areas I Ranking:25 Project Type Project Location Project Type: New Facility Construction/Expansion District:Ci ide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Future Funding 2,517,126 282,000 586,157 250,000 250,000 648,969 250,000 250,000 0 Description and Scope City Council has identified this project as a top priority.This project provides bus stop infrastructure improvements(e.g.,addition of shelters,benches, sidewalks,ADA access ramps and related earth work and potentially traffic control during construction)in Virginia Beach to increase accessibility, connectivity and safety for HRT customers.According to HRT,a shelter,concrete pad,bench and trash can cost just less than$20,000.An average of approximately$5,000 is allocated to construct the necessary sidewalk/ramp improvements to make many of the stops ADA compliant.In some cases where the right of way constraints are too great,benches alone will be installed It is envisioned that this funding will allow for improvements to be made at 75 additional stops.The design phase would consist of in house layout:•necessary improvements,use of annual service engineering contract for surveying and final design.Stop selection for the improvements will be divide, into three phases as follows:The initial 28 sites will follow the general recommendations of the 2014 Bus Infrastructure Study with site selection eased on stops with the highest ridership.The next 22 sites will focus on transit dependent focus points such as elderly,disabled and affordable h. sin:areas.The remaining 25 sites will focus on providing suitable amenities for other bus stops or land or easements may be acquired to the Purpose and Need extent funding is available. The City's Sustainability Plan(i.e.,A Community Plan for a Sustainable Future,Connecti IJ IaN«I 111,1,,.,0,a N,ee,•a,y 6,s0v ca«a,g inter-connected,multi-modal transportation system providing efficient,safe,&affordable movement city-wide.Also in 2014,a new State code requires each locality's Comprehensive Plan(under the transportation component)to take steps to align transportation infrastructure&facilities with affordable,accessible housing&community services.This project will help implement the new requirement to improve accessibility through improved sidewalk connections&improved roadway crossings.Also,this project will increase the safety of existing bus stops by adding shelters& improving visibility of bus stops to motor vehicles.Currently,there is no protection from the weather&customers have to stand or sit on curbs,on overturned shopping carts or sit/lean on nearby utility structures/posts.Creating a safe route for pedestrians will improve access to bus stops thereby increasing pedestrian use of the transit system. History and Current Status This project first appeared in the FY 2015-16 CIP.HRT began a bus shelter replacement program in 2010 with funding from grants&localities. Operating Budget Impacts HRT has estimated an annual cost of$1,000 per shelter for maintenance and litter control. For shelters at stops below the HRT ridership guidelines(40 per day)the City or an"Adopt-a-Spot strategy will need to fund the ongoing maintenance and litter control. Project Map Schedule of Activities Project Activites From-To Amount Design 07/16-06/19 115,000 Construction 07/17-06/23 2,082,126 Contingencies 07/17-06/23 320,000 Total Budgetary Cost Estimate: 2,517,126 Means of Financing NO MAP REQUIRED Funding Subclass Amount Federal Contribution 319,175 State Contribution 79,794 Local Funding 2,118,157 Total Funding: 2,517,126 GovMax VS 4 5/15/2017 City of Virginia Beach FY 2018 thru FY 2023 Capital Improvement Program Project: 2024000 I Title:Rural Road Improvements II I Status:Approved Category: Roadways Department:Public Works I Ranking:0 Project Type Project Location Project Type: New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Future Funding 2,000,000 800,000 200,000 200,000 200,000 200,000 200,000 200,000 0 Description and Scope This ongoing project is for safety and geometric improvements or other upgrades for substandard rural roads. Purpose and Need This project is needed to upgrade substandard rural roads to eliminate hazards.Without this project,rural road.will remain narrow and hazardous due to lack of adequate shoulders and close proximity of roadside ditches. History and Current Status This project first appeared in the FY 2013-14 CIP.This project is a continuation of project 2-021 Rural Roads Impr.vements,which first appeared in the FY 1985-86 CIP. Operating Budget Impacts The acquisition of necessary property and easements is authorized to the extent funding is available. Project Map Schedule of Activities Project Activites From-To Amount Construction 07/13-06/23 2,000,000 Total Budgetary Cost Estimate: 2,000,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 1,983,374 Developer Contribution 16,626 Total Funding: 2,000,000 GovMax V5 41 5/15/2017 City of Virginia Beach FY 2018 thru FY 2023 Capital Improvement Program Project: 2111000 I Title:Traffic Safety Improvements IV I Status:Approved Category: Roadways Department:Public Works I Ranking:0 Project Type Project Location Project Type: New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Future Funding 17,974,972 3,881,402 2,119,099 1,902,176 1,717,188 1,883,891 3,235,608 3,235,608 0 Description and Scope This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity and afety improvements. Purpose and Need There are intersections and road segments where minor modifications..n in.rease traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be ex.edite• to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the acti ities of IP 2-300.Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use.f prope y in the Norfolk Southern Right of Way.By the agreement,these funds must be used for transportation purposes. Operating Budge'.Impacts constructing , acquiring needed property and easements, Project Map Schedule of Activities Project Activites From-To Amount Construction 07/16-07/23 17,974,972 Total Budgetary Cost Estimate: 17,974,972 Means of Financing NO MAP REQUIRED Funding Subclass Amount Federal Contribution 319,950 State Contribution 35,550 Local Funding 16,932,268 Lease of Property 687,204 Total Funding: 17,974,972 GovMax V5 49 5/15/2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 4,500 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Scott Bend Lane MEETING DATE: April 17, 2018 • Background: On April 21, 2015, by Ordinance ORD-3404B, City Council approved the request by Timothy J. Costen (the "Applicant") to close an unimproved 4,500 sq. ft. portion of Scott Bend Lane. • Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. The plat shall include a note that restricts the subdivided property to one single-family dwelling. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way this approval shall be considered null and void. The Applicant had submitted a subdivision plat to the Planning Department for review; however, the plat could not be approved for recordation prior to the date to finalize the conditions of the street closure because the Applicant was unable to obtain the consent of the adjoining owner. Therefore, on March 23, 2016, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3404B. Staff concluded that the request for additional time was reasonable and by Ordinance ORD-3448E, City Council approved the extension until April 20, 2017. On March 21, 2017, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3404B because he continued to be unable to obtain the consent of the adjoining owner. Staff concluded that the request for additional time was reasonable and by Ordinance ORD-3499C, City Council approved the extension until April 20, 2018. On March 28, 2018, the Applicant again requested additional time to satisfy the conditions set forth in Ordinance ORD-3404B. The Applicant has not shared what steps he has taken to meet the conditions, including the steps he has taken to obtain the consent of the adjoining owner. Without evidence that the Applicant will be able to satisfy the conditions, staff is of the opinion that this request should be the last extension of time to meet the conditions. ■ Recommendations: Allow an extension of one (1) year for satisfaction of the conditions; however, due to the Applicant's inability to obtain the consent of the adjacent owner, it is recommended that this be the last extension. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 4,500 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS SCOTT BEND LANE 6 7 WHEREAS, on April 21, 2015, the Council of the City of Virginia Beach acted 8 upon the application of Timothy J. Costen (the "Applicant"), for the closure of an 9 unimproved 4,500 sq. ft. portion of Scott Bend Lane; 10 11 WHEREAS, City Council adopted an Ordinance (ORD-3404B) to close the 12 aforesaid right-of-way, subject to certain conditions being met on or before April 20, 13 2016; 14 15 WHEREAS, on March 23, 2016, the Applicant requested and was granted (by 16 Ordinance ORD-3448E) an extension of time to April 20, 2017 to satisfy the conditions 17 to the aforesaid street closure action; 18 19 WHEREAS, on March 21, 2017, the Applicant requested and was granted (by 20 Ordinance ORD-3499C) an additional extension of time to April 20, 2018 to satisfy the 21 conditions to the aforesaid street closure action; and 22 23 WHEREAS, on March 28, 2018, the Applicant requested a third extension of time 24 to satisfy the conditions to the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting conditions of closure as stated in the Ordinance 30 adopted on April 21, 2015 (ORD-3404B), upon application of Timothy J. Costen, is 31 extended to April 19, 2019. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 34 of , 20 35 36 GPIN: Right-of-way/ No GPIN assigned 37 Adjacent to GPINs: 2417-06-6362 and 2417-06-6462 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: kat aht-livvy / 411, City Attorney Planning Department CA14226 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d003\p027\00464606.doc R-1 April 5, 2018 ( ,_ NOTES: 1. THE EMELT IS ROWED 70 SNOW THE AREA OF PROPOSED • RIGHT-OF-WAY CLOSURE 4WD tionsamr OF THE ASSOCIATED RECORD ] S) NOT WENDED FOR ANY ODER THAN � GEIERAL l P 27, K 73) ..:-:'�] '. 1. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 22 1 23 1 24 2417 06 8310 20061129001778 1L8. 27, PG. 73 . i ,t �, w { S 073O'o0.w way •;-, 75.701 ., i 10.„, ,......- 727;001ccrirCeI i x AREA OP PROPOSED 4S�io ASE JIB l 421 20 19 6/201 2417 06 6462 g 1�ei 17 06 8382 2417 06 8310 /_.-. 101 DOC.1 20100223030171 4 : /51 __MIN 2o0tit1210oi77825a Ka 121, PG. 53 _ %W stay Ile. 27, PG. 73 _,i Vg, a I _ n z 1i 'nL.),J :1, ' / -/ 1 1-.41;1"---- r - I S .-.-., . , ,____r., S pays j N 0T30'00' E� taim0710600. E 75.70' FPO) 01 NILE' N. OCEANA BOULEVARD ( Y� 04 Rit � ,%tH O 0 4 • 4, b. i STREET=SURE OMIT OF A 30 FT. IVORY-OF-WAY L 01 ADJACENT 10 -firilite- l0f20 un 2i ` L PROFCEIVOF MISER ED 04 OCEANA GARDENS ,mi N.B. 29, PG. 84 ,; (M.B. 27, PG. 73) ft ' M.B. 2o, PG. 33) ' — 11 I NIA NEAGH, V1R '4A 8 .a I. 4 FOR TINt<21FiY d COSTENL� , ' r r* f sr sr ter iIVri� awl Mil i,.�■�.,q.�.,, 1� c 11 ' 1B Virginia Beach APPLICANT'S NAME Timothy J. Costen DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exce.tion for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement 1 Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any 1 Page 1 of 7 Planning Commission and CP, Council meeting that rertains to the arplicationfs). APPLICANT NOTIFIED OF HEARING DATE: ONO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: L 1 Ofp Virginia Beach C 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:Timothy J. Costen if an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 on/ i .r• - -A owner is di ferent from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business 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 employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or an•v_business Aerating 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 VVrrginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n �( Accounting and/or preparer of your tax return C X Architect/ Landscape Architect/ Land Planner n n Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed U purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors nEngineers/Surveyors/Agents WPL Financing (include current U ix mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) J _ Legal Services Sykes, Bourdon,Ahern&Levy,P.C. Real Estate Brokers / XAgents/Realtors for current and anticipated future sales of the su ject pro, erty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach have n f\/4 � an interest in the subject land or any proposed development u contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach i CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this IA. •lication. t -7-_______ Timothy J. Costen 3-22-2017 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use.additional sheets if needed) EAccounting and/or preparer of your tax return U El Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors nu 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 / L n Agents/Realtors for current and i anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. s "IN+M C CF;NW-1 3.22-1"3 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 A 4f r 44�i =! �`w„ CITY OF VIRGINIA BEACH AGENDA ITEM �_ ITEMS: (1) A Resolution Authorizing the Execution of a Memorandum of Agreement for the Contribution of Funds to the Department of the Army for Lynnhaven Inlet Maintenance Dredging (2) A Resolution Authorizing the Execution of a Memorandum of Agreement for the Contribution of Funds to the Department of the Army for Lynnhaven Inlet Additional Work MEETING DATE: April 17, 2018 • Background: The City and the United States Army Corps of Engineers collaborate of various projects. The City has worked with the Corps to bring forward the dredging of the Lynnhaven Inlet. This includes $550,000 to accomplish full depth dredging on the federal channels and approximately $200,000 for the placement of beach quality sand onto Cape Henry Beach. As with other projects, the Corps requires the City to enter into a Memorandum of Agreement (the "MOA"), which provides that the City will contribute a specified amount of funds for the project. The MOA requires the City hold the Army harmless from all damages arising out of the project except for damages that are the fault of the Army or the Army's contractors. • Considerations: Funds are available in CIP 8-013 Lynnhaven Inlet Maintenance Dredging for this effort. No additional funding is requested. For each of the two attached resolutions, there is a "Summary of Material Terms." The Summaries set forth the key components of the agreement the City would enter into with the Department of the Army. • Public Information: This item will be advertised as part of the normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Resolutions (2), Summaries of Material Terms (2) Recommended Action: Approval Submitting Dep• -nt/Agency: Public Works `L City Manager: 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR LYNNHAVEN INLET 5 MAINTENANCE DREDGING 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute all of the funds to the Department of the Army for a 9 project such as the dredging of the Lynnhaven Inlet (the "Project"); and 10 11 WHEREAS, the current estimated City contribution for the Project is $550,000; and 12 13 WHEREAS, the dredging of the Lynnhaven Inlet serves many public interests 14 including the protection of property, the enhancement of the City's natural resources, and 15 the encouragement of commerce and tourism. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Manager is hereby authorized and directed to execute a Memorandum of 21 Agreement for the Contribution of Funds in the amount of $550,000 with the Department 22 of the Army for Lynnhaven Inlet Maintenance Dredging, a copy of the material terms of 23 this agreement is attached hereto and incorporated. 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: e Public Wor A or ey CA14351 R-1 April 3, 2018 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Parties: Department of the Army(the "Government") City of Virginia Beach (the"City") Purpose: Contribution of full depth dredging funds for the maintenance dredging of the Lynnhaven Inlet Federal Navigation (the "Project") City's Obligation: 1. To provide$550,000 to pay costs associated with the Maintenance Work, including the costs of environmental compliance, supervision and administration, and engineering and design. 2. Within thirty(30) calendar days of execution of the MOA,the City shall provide the funds to the Government by delivering a check payable to "FAO, USAED Norfolk District" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Government's Obligation: 1. To provide the City with quarterly reports of obligations for the Maintenance Work. The first such report shall be provided within thirty (30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Maintenance Work. 2. Upon conclusion of the Maintenance Work and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. If the costs of the Maintenance Work are less than the sum of the Federal funds and the amount of funds provided by the City, the Government shall refund the excess to the City within thirty (30) calendar days of such written notice. Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR LYNNHAVEN INLET ADDITIONAL 5 WORK 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute all of the funds to the Department of the Army for a 9 project such as the Lynnhaven Inlet Additional Work (the "Project"); and 10 11 WHEREAS, the "Additional Work" referenced in the proposed Memorandum of 12 Agreement includes the placement of dredged material on Cape Henry Beach; and 13 14 WHEREAS, the current estimated City contribution for the Project is $200,000; and 15 16 WHEREAS, the placement of dredged material from the Lynnhaven Inlet upon 17 Cape Henry Beach serves many public interests including the protection of property, the 18 enhancement of the City's natural resources, and the encouragement of commerce and 19 tourism. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 The City Manager is hereby authorized and directed to execute a Memorandum of 25 Agreement for the Contribution of Funds in the amount of $200,000 with the Department 26 of the Army for Lynnhaven Inlet Additional Work, a copy of the material terms of this 27 agreement is attached hereto and incorporated. 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: F# 22/ds/- — J / uc Work -'tor ey CA14352 R-1 April 3, 2018 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Parties: Department of the Army(the "Government") City of Virginia Beach (the "City") Purpose: The City requests placement of beach quality sand along the length of Cape Henry Beach beyond the Federal Standard (the "dredged material placement")and agrees to pay all costs of such placement that are in excess of the costs of the Federal Standard dredged material placement alternative. City's Obligation: 1. To provide $200,000 costs including the costs of environmental compliance, supervision and administration, and engineering and design, associated with the dredged material placement that exceed the costs of the Federal Standard dredged material placement alternative. 2. The City shall provide the funds to the Government by delivering a check payable to "FAO, USAED Norfolk District" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Government's Obligation: 1. The Government shall provide the City with quarterly reports of obligations for the dredged material placement. The first such report shall be provided within thirty (30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of the funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Army concludes the dredged material placement. 2. Upon conclusion of the dredged material placement and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. . Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. S' y rE i"� ' y�(u, Sj NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday,April 17,2018 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 6-BEACH Kay F.Stanley/Henry W.&Kay F.Stanley Conditional Use Permit(Home Occupation- Commercial Kitchen)312 Indian Avenue (GPIN 2417819914,2417828090) DISTRICT 6-BEACH / Evergreen Virginia, LLC Conditional Use Permit(Car Wash Facility),Modification of Conditions (Motor Vehicle Sales and Automobile Repair Establishment) 240 N. Lynnhaven Road,248 N.Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard, (GPINs 1497358365, 1497357774, 1497358684,1497356822) DISTRICT 2-KEMPSVILLE Logan Virginia Properties,LLC/Byler Azalea, LLC & Gateway Free Will Baptist Church, Inc. Conditional Change of Zoning (B-2 Community Business, A-12 Apartment, R- 7.5 Residential to Conditional B-2 Community Business)5441&a portion of 5473 Virginia Beach Blvd. (GPINs 1467477344,1467463886) DISTRICT 6-BEACH ACC Property Solutions, Inc. Conditional R nin (A-12 to Conditional to R-5S) 1602 Cypress Avenue (GPIN 2417963284) DISTRICT 7-PRINCESS ANNE Kellye V. Gentry Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) West side of Vaughan Road (GPIN 2401350433) 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: I I_t:://www.v bgov,com/pc. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 3854303;Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON:APRIL 1&8,2018-1 TIME EACH J. PLANNING 1. KELLYE V. GENTRY for a Variance to Section 4.4 (b) & (d)of the Subdivision Regulations for property at the West side of Vaughan Road DISTRICT 7- PRINCESS ANNE RECOMMENDATION: APPROVAL 2. ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road (Deferred from April 3, 2018) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 3. LOGAN VIRGINIA PROPERTIES,LLC/BYLER AZALEA LLC & GATEWAY FREE WILL BAPTIST CHURCH, INC. for a Conditional Change of Zoning from B-2 Community Business,A-12 Apartment, R-7.5 Residential to Conditional B-2 Community Business at 5441 & a portion of 5473 Virginia Beach Boulevard DISTRICT 2- KEMPSVILLE RECOMMENDATION: APPROVAL 4. ACC PROPERTY SOLUTIONS,INC. for Conditional Change of Zoning from A-12 Apartment to Conditional R-5S Residential at 1602 Cypress Avenue DISTRICT 6- BEACH RECOMMENDATION: APPROVAL 5. EVERGREEN VIRGINIA,LLC for a Conditional Use Permit re car wash and a Modification of Conditions re motor vehicle sales and repair at 240 &248 North Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard (Approved 1971, 1987, 1989, and 1997) DISTRICT 6- BEACH RECOMMENDATION: APPROVAL 6. HENRY W. & KAY F. STANLEY for a Conditional Use Permit re commercial kitchen at 312 Indian Avenue DISTRICT 6- BEACH RECOMMENDATION: APPROVAL ' i 1 ._ _ I ] II . 1 li il/1/#11 J ` III no j 1 Q r 4,-*/ -iiiiirl e.2 ' ,' sIti r 01 litilt l'i„. i C-7s// ..7:t r , ii I it •1�i 1 ; n 1 ii �, J ISI (91 1 II CV Ni... ,___ , 1 CNI j 1 C] T Q \ (49 nonQ .x,ki • .0 < . 4,--___________________ Tom Q v-- 6 C.9 Q r 2 4, T'" 1 N I t 1 C4v y;�. iv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KELLYE V. GENTRY [Applicant & Property Owner] Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) at the property located at the West side of Vaughan Road (GPIN 2401350433), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: April 17, 2018 • Background: This 15.5 acre site was part of a batch of properties totaling 190 acres that were placed into the Agricultural Reserve Program (ARP) in August 2002. At that time, 13 of the 16 available "development rights" associated with the 190 acres were purchased by the City of Virginia Beach, leaving three easement exception areas available for development. Since that time, the 190 acres have been subdivided and are now owned by multiple parties. Only one of the three easement exception areas has been developed with a single-family dwelling, leaving the opportunity for up to two new dwelling units to be constructed. This is a request to further subdivide these properties, specifically a 15.59-acre site, into two parcels. Proposed Lot C-2A will consist of 12.59 acres and will remain a cultivated field under the terms of the ARP program. Proposed Lot C-2A1 will consist of 3.0 acres and is proposed as a three-acre easement exception site for the development of a single-family dwelling. The proposed parcels both lack frontage on a public street and will have a lot width of zero. As such, a Subdivision Variance to lot width is requested for both lots, and a Subdivision Variance to the requirement that each lot have direct access to a public street is also requested for both lots. ■ Considerations: Many properties along Vaughan Road have similar configurations and have been granted Subdivision Variances for lacking direct access to a public street. Concurrent with the necessary Subdivision Variances to create these two parcels, the applicant will be requesting that the City Council consider the relocation of one of the two remaining easement exception sites (home sites). Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. Kellye V. Gentry Page 2 of 3 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "EXHIBIT FOR SUBDIVISION VARIANCE AT GENTRY PROPERTY," dated 01/31/2018 and prepared by Pennoni Associates Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lot C-2A1 is developed, the residential dwelling constructed shall have the architectural features, and appearance of like quality and character to the Elevation Exhibit on page 8 of this Staff report, entitled "Proposed Elevation,"which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. An ingress/egress easement connecting to a public street, with a minimum width of 20 feet, shall be maintained in perpetuity to provide access to Lot C-2A and Lot C-2A1. Said easement shall be recorded with the Clerk of Court. 4. A 50-foot vegetated buffer shall be installed and maintained between any residential structure and any abutting agricultural operation. Said buffer shall be consistent with the Rural Residential Development Guidelines with the first 25 feet being heavily planted with a mixture of grasses and low growing indigenous shrubs, and the second 25 feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half inches and planted no more than 30 feet apart on center. 5. No residential structures shall be permitted on Lot C-2A. A note shall be recorded on the final plat indicating that Lot C-2A is not a building site. 6. Prior to obtaining a building permit, Lot C-2A1 shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 7. As required by Section 4.10 (B) (3) of the Floodplain Ordinance, no residential structures shall be located within the area designated as Floodplain Subject to Special Restrictions. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Kellye V. Gentry Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa. --ent/A•ency: Planning Department .,1!;;),v,, City Manager: qfi Applicant & Property Owner Kellye V. Gentry Agenda Item Public Hearing March 14, 2018 City Council Election District Princess Anne 1 1. r'itu,,, Virginia Beach Request 7L76dBONL / Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) West Neck Road y 5 Staff Recommendation Approval 65-70 dB DNL L .o.) Staff Planner Jimmy McNamara Location West side of Vaughan Road 4-- �augh�Road GPIN 2401350433 -J Rpng°Ridge Court Site Size 15.53 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District "tf * ; Cultivated field/AG-1 & 2 Agricultural ''''"f (Agricultural Reserve Program) ti ~eft Surrounding Land Uses and Zoning Districts , , `` ;,, , North (` '9 q ..'`�.. ..„ Cultivated field /AG-1 & 2 Agricultural f �" W 4Z South , Cultivated field, single-family dwelling/AG-1 & z z• —';� Y "' AG-2 Agricultural (Agricultural Reserve Fes' t. Program) ,, E k 4*V. :i4 *. t• East 4 ,R Single-family dwelling/AG-2 Agricultural °'-.As (Agricultural Reserve Program) 1,_,4- �: '� r3 iiii West :N.rsP Wooded property/AG-1 Agricultural - -, 1 r Kellye V. Gentry Agenda Item 11 Page 1 Background and Summary of Proposal • This 15.5 acre site was part of a batch of properties totaling 190 acres that were placed into the Agricultural Reserve Program (ARP) in August 2002. At that time, 13 of the 16 available "development rights" associated with the 190 acres were purchased by the City of Virginia Beach, leaving three easement exception areas available for development. Since that time, the 190 acres have been subdivided and are now owned by multiple parties. Only one of the three easement exception areas has been developed with a single-family dwelling, leaving the opportunity for no more than two new dwelling units to be constructed. • This is a request to further subdivide these properties, specifically a 15.59-acre site, into two parcels. Concurrent with the necessary Subdivision Variances to create these two parcels, the applicant will be requesting that the City Council consider the relocation of one of the two remaining easement exception sites (home sites) as depicted below. • Proposed Lot C-2A will consist of 12.59 acres and will remain a cultivated field under the terms of the ARP program. Proposed Lot C-2A1 will consist of 3.0 acres and is proposed as a three-acre easement exception site for the development of a single-family dwelling. '----� ------__`_ t.---I Lot C-2A Lot C-2A1 — Ptoposep Home Site l s�e�`E*te ) E47T ting',it— ~ �a e i - ,h n e t . L _ _ Existing Home Site vie, AIL Kellye V. Gentry Agenda Item 11 Page 2 • The proposed parcels both lack frontage on a public street and will have a lot width of zero. As such,a Subdivision Variance to lot width is requested for both lots, and a Subdivision Variance to the requirement that each lot have direct access to a public street is also requested for both lots. Required Proposed Lot C-2A Proposed Lot C-2A1 Lot Width(feet) 150 0* 0* Lot Area(Acres) 1 3 12.3 *Subdivision Variance to lot width required • Access to both parcels will be via an existing 20-foot wide easement that traverses the parcel to the east along Vaughan Road. The existing easement will be extended across Lot C-2A to provide access to Lot C-2A1. • A rural vernacular, 1 Y2-story single-family dwelling,with a wrap-around porch is proposed for Lot C-2A1. a� 3 r ° AG-1 Zoning History vi, Allii- AG-2 # Request ❑ 1 SVR(Sections 4.4(b)&(d))Approved 05/28/2013 / 2 2 SVR(Sections 4.4(b)&(d))Approved 11/22/2011 / i 3 3 SVR(Sections 4.4(b)&(d))Approved 08/24/2004 ddPC2Q i' 4 SVR(Sections 4.4(b)&(d))Approved 05/13/2014 a r CUP(Alternative Residential Development)Approved e. < 05/13/2014 �4* ` 5 SVR(Sections 4.4(b)&(d))Approved 05/08/2001 AG-1 it c CUP(Alternative Residential Development)Approved �� G-p 05/08/2001 AG-1• � 2 � s A +~- . 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 Kellye V. Gentry Agenda Item 11 Page 3 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 proposed site layout depicts two lots that lack direct access to a public street, and therefore,technically have a lot width of zero. Many properties along Vaughan Road have similar configurations and have been granted Subdivision Variances for lacking direct access to a public street.The 20-foot easement depicted on the Subdivision Exhibit, in Staff's opinion, would provide adequate access to the proposed parcels. The proposed dwelling is in keeping with the rural vernacular style of this part of Virginia Beach. 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 subdivision of the parcels will have no appreciable impact on stormwater flows. Further review will occur during the single-family plan review process. Based on the considerations above, Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "EXHIBIT FOR SUBDIVISION VARIANCE AT GENTRY PROPERTY," dated 01/31/2018 and prepared by Pennoni Associates Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lot C-2A1 is developed,the residential dwelling constructed shall have the architectural features, and appearance of like quality and character to the Elevation Exhibit on page 8 of this Staff report, entitled "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. An ingress/egress easement connecting to a public street,with a minimum width of 20 feet, shall be maintained in perpetuity to provide access to Lot C-2A and Lot C-2A1. Said easement shall be recorded with the Clerk of Court. Kellye V. Gentry Agenda Item 11 Page 4 4. A 50-foot vegetated buffer shall be installed and maintained between any residential structure and any abutting agricultural operation. Said buffer shall be consistent with the Rural Residential Development Guidelines with the first 25 feet being heavily planted with a mixture of grasses and low growing indigenous shrubs,and the second 25 feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half inches and planted no more than 30 feet apart on center. 5. No residential structures shall be permitted on Lot C-2A. A note shall be recorded on the final plat indicating that Lot C-2A is not a building site. 6. Prior to obtaining a building permit, Lot C-2A1 shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 7. As required by Section 4.10(B) (3)of the Floodplain Ordinance, no residential structures shall be located within the area designated as Floodplain Subject to Special Restrictions. 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 recognizes this property as being within the "Rural Area." Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life, sustaining natural resources for future generations and managing rural area development and design. (p. 1.127- 1.128) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed.The site is currently under cultivation.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 Vaughan Road No Data Available Existing Land Use 3-155 ADT Proposed Land Use -135 ADT 1 Average Daily Trips 2as defined by 15.53 acres 3 as defined by one single-family 4 LOS=Level of Service of AG-1 zoned property dwelling and 12.53 acres of AG-1 zoned property Kellye V. Gentry Agenda Item 11 Page 5 Public Utility Impacts Water City water is not readily available to the site. A private well may be installed with Health Department approval. Sewer City sanitary sewer is not readily available to the property. A private septic system may be installed with Health Department approval. Kellye V. Gentry Agenda Item 11 Page 6 Proposed Site Layout ,.... At4 Vaughan Road-__ fwair4 _.....„ villemm4'i iltir ". • \S- — --- -• - i" , k I - zli; '41, • :ki" e '''\ , _: 1 l_ C '.\ i ' -' i • , -[iii;i •••9. 1 i . , , ... . - & 6... . . ;-- t 3 ii' .'':, . • t .42 -... ; I y.'.__. ZIF,'", 7, > t -- -- - •-.. $ : ,,.. .- 1 ' ..• 140,-1 ,..e.,!.4 ••.iR$5.,. ....tc.- a) . VI RI ...? ; ili•i. " ''' 1 . LIJ 0 0 - a , % eirbi g I V , NI t t +a t o r" "., •.1 , '... ,:. -•!-"nt,,,,,. ;-:. 0 .6 , 1 cA . . ' .. r•-tt::-,,F 0, '-. ta ,..i. ..,/ t 420i. L 9 . .., . E / ... .„ ' 4 - .',...;=-- • t.' i 3 ...4 E g - •.-. .... ., --... t §gr,: ..i• -..s Li? Cr t ,, f G (D f'SJ k / ><-1 Ld 44/ 0 .4.1 Kellye V. Gentry Agenda Item 11 Page 7 Proposed Elevation - ;AO' IT— , 141111 imium■i• t i 0 \ ate--- r ; :. PI i , 111111111111=1114 . t 1 i - t.. i fi 1 Kellye V. Gentry Agenda Item 11 Page 8 Disclosure Statement Ik3 Virginia Beach APPLICANT'S NAME Kellyev. Gentry DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE 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 thz+ he appiication(s). O APPLICANT NOTIFIED OF HEARING Lf u NO CHANGES AS OF `/f 1 fri/[ Jimmy McNamara D REVISIONS SUBMITTED Kellye V. Gentry Agenda Item 11 Page 9 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: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck 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 Kellye V. Gentry Agenda Item 11 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. 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 Kellye V. Gentry Agenda Item 11 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ „ Accounting and/or preparer of your tax return r t 1 n Architect/ Landscape Architect/ MJA Designs, LLC I Land Planner Contract Purchaser(if other than F1 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors '-� Engineers/Surveyors/Agents Pennoni Associates Financing (include current ❑ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / j� 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 rt 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 Kellye V. Gentry Agenda Item 11 Page 12 Disclosure Statement VB 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. k�u - Ka i i P.IJ w PROPERNER'S SIGNA� PRINT NAE DATE Page 7 of 7 Kellye V. Gentry Agenda Item 11 Page 13 Item#11 Kellye V. Gentry Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) West side of Vaughan Road District Princess Anne March 14,2018 CONSENT Mrs. Oliver: Thank you. The next matter is agenda item number 11, and this is an application of Kellye V. Gentry as an applicant and the property owner for a Subdivision Variance, Section 4.4 B and D, on the property located on the West side of Vaughan Road located in the Princess Anne District. Is there a representative for this application? Hi, welcome, could you state your name for the record please? Kellye Gentry: Kellye Gentry. Mrs. Oliver: And are the conditions acceptable to you? Kellye Gentry: Yes. Mrs. Oliver: Okay,perfect, thank you. Is there any opposition to this being placed on the consent agenda? Hearing none,the chairman is asked Commissioner Kwasny to read this into the record. Mrs. Kwasny: Thank you Vice Chair Oliver. This is a request in the Princess Anne District for a Subdivision Variance on Vaughan Road of property zoned AG-1 and AG-2 agricultural. Originally, it was apart 190 acres put into City's ARP program with 16 developable rights,only 13 of those went into the program,the other three were carved out to become probably single family residences of which one of those was is already existing, you can see that in the right hand corner. This Subdivision Variance is a matter of the issue of road frontage because there is no road frontage for the property that's being subdivided to provide for another single family home, the Subdivision Variance is required. There is another Subdivision Variance that is a matter of the easement on to the property, because there is no direct access to a public street. Therefore, it has to come in front of Planning Commission and then in front of Council. The Staff finds that it is in compliance with the comprehensive plans for the agricultural area for the rural area and planning commission places this on the Consent Agenda. CONDITIONS 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled"EXHIBIT FOR SUBDIVISION VARIANCE AT GENTRY PROPERTY," dated 01/31/2018 and prepared by Pennoni Associates Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 1 2. When Lot C-2A1 is developed, the residential dwelling constructed shall have the architectural features, and appearance of like quality and character to the Elevation Exhibit on page 8 of this Staff report, entitled "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. An ingress/egress easement connecting to a public street, with a minimum width of 20 feet, shall be maintained in perpetuity to provide access to Lot C-2A and Lot C-2A1. Said easement shall be recorded with the Clerk of Court. 4. A 50-foot vegetated buffer shall be installed and maintained between any residential structure and any abutting agricultural operation. Said buffer shall be consistent with the Rural Residential Development Guidelines with the first 25 feet being heavily planted with a mixture of grasses and low growing indigenous shrubs, and the second 25 feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half inches and planted no more than 30 feet apart on center. 5. No residential structures shall be permitted on Lot C-2A: A note shall be recorded on the final plat indicating that Lot C-2A is not a building site. 6. Prior to obtaining a building permit, Lot C-2A1 shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 7. As required by Section 4.10 (B) (3) of the Floodplain Ordinance, no residential structures shall be located within the area designated as Floodplain Subject to Special Restrictions. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 11. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 2 /1 42'..---. 6 '::44114111,7-t_ iW 40; : A- . '.... .. c . u 6-1.4b,,k ...:A‘ 1%k '''' ,(i V O i i 4 il 1 ri 4 1 ..,. lit1 N (751..\\( .4k1 lk. < 7.1 ogk • • 0 iss:11!- „ ':' Z • <, v..; - ISAr.it . 000°10t. ' < gi 400 Ai, c'9\ IkDr •„4411%.0 Itii.`.\, to. 'D 40111 - '.4r.,/-. 40-iiiiigtr7 \ 1111:47 . t. # cll , i!.,1:1.14#1-41041)* 4thiii:74/4/040, k< < • et ItAlkiiiii‘.---,.- . fir 41 77 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARGOS PROPERTIES II, LLC [Applicant & Property Owner] Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential & P-1 Preservation Districts) on the property located on the north side of Princess Anne Road, approximately 700 feet east of Fenwick Way, (GPIN 2404245926), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: April 17, 2018 • Background: On April 3, 2018, the City Council voted to place this rezoning request on the agenda for the April 17, 2018 public hearing. There was one speaker in opposition to the deferral. The subject 50.84 acre site is currently zoned AG-1 & AG-2 Agricultural Districts. The applicant proposes to rezone 15.10 acres to Conditional R-10 Residential District in order to develop the site with up to 32 single-family homes, and to rezone 35.74 acres to P-1 Preservation District as part of the open space component of the development. A single point of ingress/egress is proposed along Princess Anne Road, unavoidably located within the Floodplain Subject to Special Restrictions (FSSR). All of the proposed residential lots will be located outside the FSSR, as required by the Floodplain Ordinance. Likewise, no individually-owned properties will include land with the 50-foot wide Southern Rivers Buffer. A mix of one- and two-story dwellings is proposed. Each of the single-story dwellings is proffered to have a minimum of 2,000 square feet of living area and a two-car garage. Each of the two-story dwellings will have a minimum of 2,800 square feet of living area and a two-car garage. The proffered elevations depict building exteriors consisting of primarily fiber-cement board siding and/or masonry. • Considerations: The site is located within the 65-70 AICUZ (Sub-Area 2). As part of the review of this rezoning, the applicant appeared before the Joint City-Navy Review Process (JRP) Group on September 28, 2016. The JRP Group found that the proposed development meets the requirements of Section 1804(c) of the Zoning Ordinance. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for the subject site. As a result of the review, Argos Properties II, LLC Page 2of3 the DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. There were three speakers in opposition at the Planning Commission public hearing. The first two speakers noted concerns about traffic, flooding and quality of life issues with additional residents moving into the area. The third speaker, who is the developer of the adjacent property which is currently under construction, voiced specific concerns that in her opinion, the applicant is not providing their fair share of financial contribution for the upgrades to the vacuum sanitary sewer service that will service her development and the applicant's development. The Planning Commission voted to deny the application 7-3, noting concern that the single ingress/egress connection point to Princess Anne Road will, from time- to-time, be impassable during larger storm events. Concerns surrounding stormwater issues were also noted. Since the Planning Commission's public hearing, and as indicated by the applicant's attorney during the hearing, Staff has received a revised proffer agreement that includes the additional proffer below. Proffer #7 requires disclosure to future homeowners that portions of Princess Anne Road and also the new right-of-way into the neighborhood may flood during storm events. Proffer 7 The Grantor will be affirmatively required to include in the Home Owners Disclosure Documents that Princess Anne Road and portions of the newly dedicated public right of way into the development may flood during a 100 year storm or other severe weather events. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 7-3, with 1 abstention. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department NU City Manager Applicant & Property Owner Argos Properties II, LLC\B Agenda Item Public Hearing February 14, 2018 City Council Election District Princess Anne 7 Virginia Beach Request \ mono.win ., � mas ae on Conditional Rezoning (AG-1 &AG-2 ) , Agricultural to Conditional R-10 Residential & P- ss o^", ""m i_ GreyFox Lan. 1 Preservation District) R PS7_d B DNL .o° rim,.Pa,kweY Staff Recommendation �,e �,,,� Approval ''''' 0"`''o L `C Q L Staff Planner "sem .t.__ �oP Carolyn A.K. Smith �' $ CE, C°44rti .e3 Location M'4 �' North side of Princess Anne Road, tb , e PRn approximately 700 feet east of Fenwick Way so 4`c$t °k*Y GPIN 4` 2404245926 Site Size 50.84 acres AICUZ 65-70 dB DNL; Sub-Area 2 , • o 1 n raise 4„ • Watershed `, , 'r:; � Kt i Ninuno P-arks ay Southern Rivers r ... 4 Existing Land Use and Zoning District r Woods/AG-1 &AG-2 Agricultural ; <: .y , Surrounding Land Uses and Zoning Districts K� R.::. Fi ; ''.r Sf ' North Woods/AG-1 Agricultural �o ` �..„,,,4• South ; E ,�`"zv '` n:. •t. Princess Anne Road ` Single-family dwellings/AG-2 Agricultural 4 „4. Its _f. East 'Princess Ann&• Road V West Neck Creek Woods/Conditional R-10 Residential West Single-family homes under construction/ Conditional R-10 Residential Argos Properties II, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The subject 50.84 acre site is currently zoned AG-1& 2 Agricultural Districts.The applicant proposes to rezone 15.10 acres to Conditional R-10 Residential District and 35.74 acres to P-1 Preservation District. • The proffered concept plan depicts 32 single-family home sites'clustered' on the southwestern portion of the property.A single point of ingress/egress is proposed along Princess Anne Road.This proposed public right-of- way will unavoidably be located within the Floodplain Subject to Special Restriction; however, no Floodplain Variance is required for public streets. • As the majority of the property is located with the Floodplain Subject to Special Restrictions(FSSR) and impacted by the Southern Rivers Buffer and wetlands,the remaining 35.74 acres is proposed to be rezoned to P-1 Preservation District.All of the proposed residential lots will be located outside the FSSR, as required by the Floodplain Ordinance. Likewise, no individually-owned properties will include land with the 50-foot wide Southern Rivers Buffer.These environmentally sensitive areas, as well as all open space areas,will be part of the homeowners' association's property. • As recommended by the Comprehensive Plan,the applicant has submitted a preliminary drainage study to the Development Services Center(DSC)outlining the proposed stormwater strategy for the subject site. As a result of the review,the DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However,this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. The applicant is aware and understands that the proposed site layout, and perhaps ultimately the number of units, may need to be altered as a result of the final analysis. • A 20-foot wide pedestrian easement is depicted between Lots 12 and 13, providing a connection to the City park located in the adjacent Princess Anne Quarter neighborhood, as well as trail connections located beyond the park. • A mix of one-and two-story dwellings is proposed. Each of the single-story dwellings is proffered to have a minimum of 2,000 square feet of living area and a two-car garage. Each of the two-story dwellings will have a minimum of 2,800 square feet of living area and a two-car garage. The proffered elevations depict building exteriors consisting of primarily fiber-cement board siding and/or masonry. • The site is located within the 65-70 AICUZ(Sub-Area 2). Section 1804(c)of the Zoning Ordinance states that residential rezonings may be approved if the City Council finds that the proposed development is at a density similar to or lower than that of surrounding properties and no greater than that recommended by the Comprehensive Plan, and conforms to the applicable provisions of the Comprehensive Plan.As part of the review of this rezoning,the applicant appeared before the Joint City-Navy Review Process(JRP) Group on September 28, 2016.The JRP Group found that the proposed development met the requirements of Section 1804(c). • The density of the Princess Anne Quarter neighborhood located to the west is 2.44 units per acre, and Princess Anne Quarter East,currently under construction,will be 1.94 units to the acre.This proposed development,with up to 32 units on 21.34 acres of density-eligible area (as per Section 200 of the Zoning Ordinance),will have a density of 1.5 units per acre. Argos Properties II, LLC Agenda Item 7 Page 2 • The expansion of the Princess Anne Quarter East neighborhood required upgrades to the existing sanitary sewer system.That work is currently underway. In order to aid in offsetting the City's cost for these upgrades, the applicant has voluntarily proffered payment of$4,400 per dwelling. # Request 1 CUP(Home Occupation)Approved 12/08/2015 CRZ(AG-1 and AG-2 to Conditional R-10)Approved 10/23/2001 2 CUP(Home Occupation) Indefinitely Deferred 05/22/2012 CRZ(AG-1 and AG-2 to Conditional R-20)Approved ',;,; R-7.5" AG_-_1____ {,immo 3• , • 09/28/2004 SVR Approved 10/28/2004 CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved 6 01/28/1997 CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved `tel R-10' 03/11/1997 "..1`! �� 3 CUP(Religious Use)Approved 05/09/1995 4 CRZ(Conditional R-10 to Conditional PD-H2(R-10)) \v44R�o• Approved 08/10/2004 MOD Approved 08/10/2004 CRZ#xtA. �� CRZ(AG-1 and AG-2 to Conditional R-10)Approved 3 , �t. �r4�#', > 4 I� _ __ ` 05/25/1999 $. NAL$♦*,®,,s`,4.� ♦0 5 CRZ(AG-2 Agricultural District to Conditional PD-H2 (R- ih.milyte.-0 �'' *044,4 4 7.5))Approved 07/02/2013 ' � ' j �� 6 CUP(Open Space Promotion) Denied 10/26/2000 �� , A�� CRZ(AG-1 and AG-2 to Conditional R-10) Denied 10/26/2000 7 CRZ(AG-1 and AG-2 and R-10 to Conditional R-10) Approved 08/10/1999 SVR Approved 08/10/1999 8 CRZ(AG-2 to Conditional R-10)Approved 04/19/2016 CRZ(AG-1&AG-2 to Conditional R-10)Approved 04/19/2016 SVR Approved 04/19/2016 FVR Approved 04/19/2016 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 The requested change of zoning, in Staff's view, is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area.The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook, includes design recommendations for the Suburban Areas addressing site, building, and landscape design. Below is a brief evaluation of the applicable Guidelines. Site Design Natural Features:The layout of the development is respectful of the most significant environmental features on the property. Much of the property is heavily wooded and will remain in a natural state. The Floodplain Subject to Special Restrictions is also present on portions of the property along Princess Anne Road and on the northeastern portions of Argos Properties II, LLC Agenda Item 7 Page 3 the property. No development,other than for the single access point along Princess Anne Road,will occur within the Floodplain Subject to Special Restrictions. The proffered layout plan depicts 35.74 acres to be rezoned to P-1 Preservation District and set aside for open space. Within the actual 12.80-acre "development area," up to 4.72 acres are depicted on the layout plan to be dedicated to open space. Access and Circulation:The Guidelines recommend minimization of traffic conflicts and access points and emphasize safety.As depicted on the proffered plan, only one point of ingress/egress is proposed along Princess Anne Road. Comments from Traffic Engineering indicated that, as with all new developments,the proposed roadway's width and the cul-de-sac radius must all meet Public Works' Standards.The Comprehensive Plan also encourages interconnectivity between neighborhoods for reasons of safety and traffic flow, including the movement of pedestrians/bicycles.The conceptual site plan indicates a pedestrian connection to the open space located in the adjacent Princess Anne Quarter neighborhood.This connection will also provide pedestrian and bicycle connectivity from this neighborhood to Nimmo Parkway and beyond. Landscaping: The Guidelines recommend that during the design process, new development should, within reason, preserve and integrate into the overall design existing healthy trees and groundcover, especially in high visibility areas of the site.As mentioned above,the prime development area is densely wooded.The individual homes will be required to meet the minimum requirements of the Tree Planting, Preservation and Replacement Ordinance, in this case at least 600 square feet of new tree canopy unless existing trees on site are preserved.Also, street trees will be also be required along the new right-of-way and must be depicted on a Master Street Tree Plan that will be submitted with the construction plans. Stormwater Management as Landscape Features:The Guidelines recommend that stormwater management facilities be integrated into the neighborhood design as open space, landscape and streetscape amenities.Given the configuration and environmental characteristics of the site,the stormwater management facility will be located near the front of the neighborhood.As recommended by the Comprehensive Plan,the applicant submitted a preliminary drainage study and City Staff concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements. Signage:A single, monumental-style, brick-based freestanding sign is proposed along Princess Anne Road.A detail is provided in this report. Setback& Building Location: Residential structures should abide by the setback provisions of the City Zoning Ordinance. The project meets this Guideline. Building Design Architectural Elements and Building Materials:Architectural materials used on structures should be long-lasting, attractive, and high quality while reflecting the character of the area associated with it. Structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment.Visual interest should be provided through window and door details,varied rooflines, consistent textures and color, as well as staggered placement of the buildings.The proposal entails the creation of single-family lots, consistent with the existing residential neighborhood.The submitted elevations appear to be in keeping with the desired proportional elements, scale, mass, and height in relation to the surrounding area. In sum,the proposed lots,dwellings, and density will be similar to those in the surrounding neighborhoods in terms of type,size, design and intensity of use. Based on the considerations above,Staff recommends approval of the request subject to the proffers below. Argos Properties II, LLC Agenda Item 7 Page 4 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 the Property is developed, it shall be as a residential subdivision of single family homes,substantially in accordance with the Plan dated October 30, 2017 and designated "The Reserve as Princess Anne," prepared by American Engineering,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Plan").The Plan designates the Development Area and the Preservation Area. Proffer 2: When the Property is developed, it will be subdivided into no more than thirty-two (32)single family residential building lots. When the Property is developed,the total number of single family dwellings permitted to be constructed on the property shall not exceed 32. Each two-story dwelling shall contain a minimum of 2,800 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,000 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. Proffer 3: When the Property is developed the areas shown on the Plan outside the thirty two (32) lots, rights-of-way to be dedicated to the Grantee are designated as Open Space areas.The Open Space areas shown on the Plan as"Forested Open Area" shall remain in their natural state with existing vegetation and trees and shall not be disturbed to maintain the undeveloped status of this area.The Open Space areas shown on the Plan shall be maintained by a Homeowners' Association to be established by the Grantor upon development of the Property. Membership in the Homeowners' Association shall be mandatory. Proffer 4: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. Proffer 5: The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits,the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits dated October 30, 2017 and entitled "The Reserve at Princess Anne Elevations," which have been exhibited to the City Council are on file with the Virginia Beach Department of Planning. Proffer 6: Provided that the City of Virginia Beach allows the development(including all 32 homes)to connect to the vacuum sewer main located along Princess Anne Road ("Vacuum Main") and does not require the Grantor to expand or upgrade the capacity of the Vacuum Main in order to service the proposed development, in addition to any other fees and rates required, the Applicant shall provide a contribution of Four Thousand Four Hundred Dollars ($4,400.00) paid to the City of Virginia Beach Department of Utilities("Public Utilities")for each home constructed on the Property for the mitigation of impacts on its sanitary sewer system.The contribution shall be paid to Public Utilities at the time each building permit for each house is issued. Argos Properties II, LLC Agenda Item 7 Page 5 Proffer 7: The Grantor will be affirmatively required to include in the Home Owners Disclosure Documents that Princess Anne Road and portions of the newly dedicated public right of way into the development may flood during a 100 year storm or other severe weather events. Proffer 7 8: Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 8 9: The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed.The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. Staff Comments: The proffers listed above are acceptable,as they represent a quality development that is consistent and compatible with the surrounding properties. Since the Planning Commission's public hearing, and as indicated by the applicant's attorney during the hearing, Proffer#7 above was added which requires disclosure to future homeowners that portions of Princess Anne Road and also the new right-of-way into the neighborhood may flood during storm events. 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 identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. More specifically,this site is in the vicinity of the West Neck Creek Greenway and West Neck Creek Natural Area. This greenway corridor is part of the City's efforts to acquire, manage and protect lands in a strategic manner to develop an Argos Properties II, LLC Agenda Item 7 Page 6 interconnected system of green spaces that conserves natural ecosystem functions, sustains clean air and water and provides places for flood control, recreation and civic engagement. (p. 7-7, 7-8) Natural and Cultural Resources Impacts There are no known significant cultural resources associated with the site.Although a minimum of 12.80 acres of wooded land will be cleared for the development, 35.74 acres will remain wooded and will be rezoned to P-1 Preservation District. The site is located in the Southern Rivers Watershed and is adjacent to West Neck Creek. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The US Army Corps of Engineers has approved the delineation of 1.22 acres of jurisdictional wetlands.Additionally, and as previously mentioned, a large portion of the site is impacted by the Floodplain Subject to Special Restrictions(FSSR),the FEMA designated floodway and the Southern Rivers 50-foot buffer. Most of these areas are located along the eastern portion of the property adjacent to West Neck Creek. As such, no new lots will be created within the buffer,the floodway or within the FSSR. The proposed public street,with a connection to Princess Anne Road,will require development activities within the FSSR; however, no Floodplain Variance is required for public roads. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 12,750 ADT 1 15,000 ADT 1 LOS°"D„ Existing Zoning Z 10 ADT Proposed Land Use 3-380 ADT 1 Average Daily Trips 2 as defined by AG-1&AG-2 3 as defined by up to 38 single-family 4 LOS=Level of Service Agricultural Zoning dwellings Public Utility Impacts Water There is an existing 16-inch City water main along Princess Anne Road.This subdivision must connect to City water. Public water must be extended by the developer to serve each single-family parcel with an exclusive tap and meter. Sewer There is an existing eight-inch City vacuum sewer main along Princess Anne Road.This subdivision must connect to City sewer. A public vacuum sewer system must be extended by the developer to serve each single-family parcel with an exclusive lateral. The existing vacuum sewer system does not have capacity to accept flow from this development; however, enhancements to the system are currently underway. Argos Properties II, LLC has voluntarily proffered payment of$4,400 for each dwelling in order to aid in offsetting the City's cost for these upgrades. More details will be required and a formal review will take place during review of the construction plan through the Development Services Center. Argos Properties II, LLC Agenda Item 7 Page 7 School Impacts School Current Enrollment Capacity Generation 1 Change 2 Princess Anne Elementary 573 657 11 10 Princess Anne Middle 1,505 1,584 6 5 Kellam High 2,038 1,857 9 8 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). 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T" - \ - --t---•' Ifttt; -, . • . .. . - - -, .r. . s- .4-0, • * Ac.......41 '• Argos Properties II, LLC Agenda Item 7 Page 14 Disclosure Statement 'Wive Virginia Beach APPLICANT'S NAME Argos 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 Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ► SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be..pc,:• o ?i weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertairs to the apps cat:anfs, • APPLICANT NOTIFIED OF HEARING DATE , El NO CHANGES AS OF DATE -47, le 6.400,4 ▪ REVISIONS SUBMITTED DATE Argos Properties II, LLC Agenda Item 7 Page 15 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the 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: Estate of Irene Galiotos(Executors: Steve and Tasos Galiotos)Steve Galiotos,Paul Galiotos,Tasos Galiotos,Anthony Galiotos Trust (Trustees: Steve Galiotos,Tasos Galiotos and Paul Galiotos) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary .' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 4 0 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. El 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 Argos Properties II, LLC Agenda Item 7 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (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. - I' 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 Argos Properties II, LLC Agenda Item 7 Page 17 Disclosure Statement \113 atie APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Fentress and Webb, PC your tax return I I Architect/ Landscape Architect/ RBA Land Planner Contract Purchaser(if other than 1:1 It the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • Engineers /Surveyors/Agents American Engineering Financing (include current ❑ " mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) • Legal Services Sykes, Bourdon Ahern and Levy Wikoxand Savage Kaufman&Canoles 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 C /1 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 Argos Properties II, LLC Agenda Item 7 Page 18 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. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Argos Properties II, LLC Agenda Item 7 Page 19 Item #7 ARGOS PROPERTIES II, LLC Conditional Change of Zoning-AG-1 &AG-2 Agriculture to Conditional R-10 Residential&P-1 Preservation; North side of Princess Anne Road,approximately 700 feet east of Fenwick Way District- Princess Anne Ms. Rucinski: Okay, the next item on the agenda is item number seven, Argos Property II, LLC is an application for a conditional change of zoning AG-1 and AG- 2 Agricultural to P-1 Preservation and R-10 Residential and property located on the north side of Princess Anne Road, District 7, Princess Anne. Ann Crenshaw: Good afternoon Mr. Chairman and madam, vice chairman and members of the Commission. Thank you for the opportunity to speak and I am grateful that I had the opportunity to attend the informal session this morning. Since the informal session... Edward Weeden: Excuse me, for record please. Ann Crenshaw: Oh, I am sorry. Ann Crenshaw, I am a member of the law firm of Kaufman & Canoles in the Virginia Beach office and I understand the conundrum that the commission faces in terms of balancing private property rights, the owners of private property and the obligation to protect [Inaudible] [01:02:29] and I understand from the comments this morning that the great concern is the flooding of Princess Anne Road and ingress and egress to that piece of property on Princess Anne Road. I have had an opportunity to speak with my clients and with Ms. Smith in the Planning Department and I propose an amendment to my proffers and that amendment would read the proposed amendment to the proffers would include an affirmative 1 requirement that there be a full disclosure in the HOA documents in both print that Princess Anne Road and portions of the new public right-of-way into the development may flood during a 100-year storm or other severe weather events. This would, the proffers of course would, be recorded within the land records, so record of the City of Virginia Beach and would run with the property and would be included in the homeowner's package that they would be well made aware that there was this possibility. Staff recommends approval, we have worked with staff for almost two years on this project and have as the stormwater regulations have changed, we have reduced the number of lots. There are no more than 32 homes; however, we are well aware that the stormwater conceptual strategy has a potential to comply with stormwater regulations, that there will be as there are in all projects, a full-blown plan done, which must be approved by Ms. McIntyre and the DSC. The applicant understands that additional requirements maybe required and that there is also the potential to lose additional lots due to the approval process. Ms. McIntyre added some interesting points, I thought that Princess Anne Road does not flood in a 10-year storm, in a 100-year storm, it may flood between 7 and 10 inches and the 100-year storm was defined as a 9 inches of rain per hour. I understand that we also have issues with that [Inaudible] [01:05:14] for stormwater, which is why we added the sentence other severe weather events in the disclosure. This property consists of 50.84 acres, 37.74 of those acres are asked to be rezoned to P-1. They will not be disturbed. They will be their natural vegetation and they will be maintained by the homeowners' association at no cost to the City. It 2 was also brought out this morning that if we elected to keep them as AG-1 lots, we potentially could build one to two houses on that portion that has been designated as preservation. There is a total of 12.8 acres of developed lots of that though average 4.72 acres are to be green space open space. The surrounding neighborhoods have a density, for example Princess Anne Quarter, of 2.44 houses per acre, Princess Anne Quarter East, which is adjacent and under construction, is 1.9 units per acre. We propose 1.5 units per acre. All the houses are outside the floodplain; the ingress/egress is unavoidably in the floodplain. There was no other way to get in and out of this property other than Princess Anne road. Thanks to Mr. Lowman, this morning we now know that the portion of Princess Anne Road is currently seeing traffic impacts of 12,000 cars per day, down substantially from the traffic was before Nimmo Parkway was constructed. This project has connectivity with a 20-foot pedestrian bike easement to the new park being constructed on adjoining neighborhoods. The guise within the 65 to 70 zones of Sub Area 2 and the Navy has approved this project. The sewer upgrades are being conducted by the City, we have voluntarily agreed to offer $4,400 dollars per dwelling to offset any additional cost for that. In short, this project meets all the requirements of the comprehensive plan, the site, the quality of the building, the landscape design, and the interconnectivity. I have Mr. Martin here with Martin Engineering, well now American Engineering, who can answer any specific questions with regard to stormwater or runoff or any of those issues. Thank you. Mr. Thornton: Thank you, any questions of Ms. Crenshaw. Thank you, standby for 3 rebuttal. Ms. Rucinski: We have one speaker who is important, that's Brad Martin. Brad Martin: I don't want to restate everything that Ann said and my name is Brad Martin from American Engineering, 448 Viking Drive in Virginia Beach. Thank you all for your time and what you do for the city. Just very briefly, we have been put through a more thorough analysis process on this project than what certainly has been done before. I want to say thank you to the staff, not only to Carolyn who certainly leads a great planning staff and Barry as well, but everybody top to bottom from Don Piron in utilities to Nancy McIntyre in the Development Service Center, the folks on the third floor with the stormwater engineering center. I would just make one point and it is kind of restating something that Ann said, it's not lost on staff and I am confident it's not lost on you that this property is about 50 acres and we are only intending to develop about 25% of the property, we are developing about 12 acres into 32 lots and unlike some other potential developments, where you see these epic rain fall events or even tidal events that cause the damage in the flooding that we have seen in the past where stuff gets to a bottle neck and it backs up the system, that's not going to be the case here because we have 38 acres of wetlands where stuff can just flow over and get into the canal that's right there. So this is a very unique piece of property, we think we are doing a responsible job in developing. Thank you, I will be happy to answer any questions. Mr. Thornton: Questions for Mr. Martin?Mr. Ripley. 4 Mr. Ripley: Can you tell us the level of degree you had to go through as far as calculating the runoffs and whether this property would be suitable for development or you had a point where you almost had a final or tell us, I mean, I am just, I know that the concern for the city is very great in that area and I think it could be good to hear what [Crosstalk]. Brad Martin: Thanks for the question. It certainly is for us too as well. It's not something where we want to create a situation where we are adding to or exacerbating challenges that are already out there. We know that Princess Anne Road is low, but the analysis that we have done starting with the Galiotos family that goes back like Ann said almost two years that was before Hurricane Matthew when we started this project before any of these regulations came around, but obviously we will go to fmalize stormwater design, but just to answer your question, I would say we are about 85% there right now. We have done almost everything but set the grades of the road, we know they have to be outside of the 100-year flood elevation, but we have done everything but set the precise grades of the roads and figure out exactly where the storm structures and what the sizes of the pipes are, so we have done a very thorough analysis of this development and obviously we have got to see that cross the fmish line and we are not going to do anything that's going to denigrate the existing situation out there. Thank you. Mr. Thornton: No more questions? Thank you Brad. Brad Martin: Thank you. Ms. Rucinski: Okay, our first speaker in opposition is Joe Brown. Can you please state 5 your name for the record? Joe Brown: Yes, good afternoon, my name is Joe Brown, here on behalf of my parents Mr. and Mrs. Edward Brown, as well as the Princess Anne Quarter Civic League. Like I said, my name is Joe brown, I am representing my parents who are residents at 2304 PIerce Lane in the Princess Anne Quarter neighborhood, which is adjacent to the proposed development site. I am also here on behalf of the Princess Anne Quarter Civic League to advocate for a strong opposition of this development. To the Planning Commission, I want to thank you for letting me speak and I hope you consider these reasons and facts before voting on this matter. There are number of issues with this proposed development, the most important issue is flooding. The proposed development site is on wetlands like you just heard, this land feeds the Back Bay Watershed by way of West Neck Creek, which flows southeast under the bridge on Princess Anne Road, just before Seaboard Road. The proposed development would have an entrance off of Princess Anne Road just passed our neighborhood where I have seen this road is impassable not only during hurricanes, but during frequent rain storms. Although, the proposal states that this property is on the western portion of • the floodplain, I have pictures that show this area does flood frequently and it floods badly. I will pass some pictures of the flooded road at the end. So quick story, we recently had neighbors move in a few months ago next door and when they went to turn on the water, they were met with literal sewage backing up into their brand new house. Why? Because the pumping station is overloaded. I guarantee you the money that it would take to fix 6 this pumping station overload would outweigh by far any property taxes that this development may give this City. We have seen issues with the stormwater pumping and sewage pumping in our neighborhood already and this proposed development would make it even worse. The area behind our home is now a retaining pond, when the trees were cut down and taken out, this show of mice and rat infestation out of the woods and into our houses, that's what we deal with, right? We also have found a number of dead animals around our property because of the current developer has killed what was their habitat. This proposal would simply cut down more trees which I found ironic because there is a sign up on General Booth by the new Aldi that says "Virginia Beach, City of Trees," it would kill more animals and continue to negatively affect my neighbor's and my family's quality of life. We were under the impression that no equipment from the current developer, Ashdon Builders, would be in our neighborhood, but there are currently trailers, backhoes, bulldozers and other equipment up and down Fenwick Way, including the entrance of our neighborhood. They have created multiple potholes and destruction at our neighborhood entrance. I am here on behalf of my parents who cannot be here because of medical reasons. My parents and our neighbors on Pierce Lane have worked hard their entire lives to build a home and enjoyed good quality of life that they truly deserve. They spent extra money when we bought our house in 2005 brand new to have their backyard as woods to have privacy, peace and quiet, but now they are told that the developer wanted to build 18 houses behind their house and now before the 18 houses are even built, 7 a new developer wants to build 32 more houses. I ask you, when will enough be enough? My neighbors and I have suffered enough to our quality of life already. We have had damage occur to our houses due to the current construction including completely cracked windows, misaligned doorways, foundation issues, nails popping out, mice and rat infestation, and more, and not to mention the multiple areas where they tore the asphalt to dig and replaced it with gravel. Additionally, there is increased safety risk to our children in the neighborhood due to the additional traffic. As many of you know, Princess Anne Road is already very heavy with traffic and now this new proposed development would need a turning lane to be built because the road is only two lanes with one going each way. We want Virginia Beach to prosper, but there is a right time and right place for development and the proposed land is by far the wrong place. The flooding that has shut down Princess Anne Road numerous times shows that this location is not a location to build homes on. The developer likely has a plan to manage stormwater on the site, but what about all the stormwater on the City road?What about when the river under the Seaboard bridge floods and puts this swampland completely under water? Again, please see my pictures after I conclude. There are more negative consequences and benefits from this proposed development. The flooding on this land shows this is a less than an ideal area and this proposal would hurt the quality of life of my family, my neighbors, my entire neighborhood's quality of life even more than it already has been. The developer would likely propose BMPs which are not maintained with mosquito control, the existing 8 Princess Anne Quarter Civic League collects donations from residents to chemically treat for mosquito control. The City does not maintain the BMP for mosquito control. I would like to add one last thing, I am a production control manager and we build Fast Attack Submarines for the United States Navy. I can tell you that it all starts with a well-thought out plan. We have to build a safe and reliable submarine for sailors to go accomplish mission zone and there cannot be any bad affects that what we do. This relates because this plan has bad effects involved. Families would not be able to enter or leave when the road floods. This includes emergency vehicles and others while I will plan to move forward and risk the safety of those would be residents and I would like to touch base on this 100-year storm, it's not a fluke that this 100-year storm causes flooding on Princess Anne Road, like I said we have lived there since 2005 and I have seen the road go under water where it is impassable numerous times, more than a dozen times, but I would like to point out these two pictures and excuse our printer color, the first one and I can pass this around. This is of Princess Anne Road looking towards the proposed development area as you can see this is not inches of water, this is multiple feet of water. You could turn into our neighborhood but you cannot keep going because you will stall and quite frankly float away. I would like to pass this around. Mr. Thornton: We have those in our package. Joe Brown: Great, so you are with me. Second picture,this is a zoomed in picture of the proposed sign as you can see the sign stating that they want to develop and that sign is actually underwater. Again, this is not just flooding, this is lunar 9 tides and it's wind that drives the water up, the creek, flooding Princess Anne Road, like Mr. Martin said this is wetlands and the property is not suitable for development and like you can see in these multiple pictures that this is feet of water we were talking about. It's not ideal real estate because of the flooding and the effects of the quality of life of my family and my neighbor's family. I would love to take any questions. Mr. Thornton: Any questions for Mr. Brown? Thank you sir. Joe Brown: Thank you. Ms. Rucinski: Our next speaker is John Lynch. You can state your name for the record please? John Lynch: John Lynch, gentleman, board members, I live at 2341 Princess Anne Road, which is directly across the street from the proposed development, I moved down to Princess Anne Road and where I live now because it had a rural atmosphere. It had a large lots including all the ones along the historic district since then, we have got more, you know, Holland and Princess Anne, we got a subdivision, we got another subdivision at Princess Anne East, we got another subdivision going in the Princess Anne south. So I mean if you want to make it all R-10 then let's make it all R- 10 from Indian River north and then we don't have to have all these planning commissions, but I feel that we are losing the agriculture zone down there and the feel of our neighborhood that we love so much. The other thing is the pressure around the area, it was already eluded too but there is already pressure on Princess Anne Road even though we have Nimmo Parkway 10 going through, Princess Anne Road is already backed up enough, if we put another subdivision in there, call it 30 homes, call it two cars per home going in and out of there, I foresee we are going to need street lights on Princess Anne Road, if we are going to put that many more people in there on Princess Anne Road, we were probably going to get some sidewalks on the road because looks like, they already had some bike paths and stuff inside of that proposed neighborhood, so I don't know how they are going to get out there on their bike paths on to the road. The flooding, I am concerned about that. My house is in a flood zone, the more buffer we take away from the creek, from West Neck Creek than the more that water is going to push up, so we are going to have to add, we will add to make the subdivision and that's one less spot for the water to go into the wetlands into, so it's going to come to my house next. There's where it's going to go and it's going to build up all along there. The sewers in the storms were already eluded too, we got an ancient sewer system. I am super excited that we are going to be updated, thanks for that, but now, here we go, now we got a little extra capacity supposedly going in on the new sewer system but as we add more people and now more elevation, then we are going to also be putting that vacuum sewer system underwater again and causing same problems that we have been having. Finally, I am in summary, I am opposed to it for statistics, for already pressure on the land and pressure on our utilities. Thank you. Mr. Thornton: Thank you Mr. Lynch. Any questions for Mr. Lynch, Jeff? Mr. Hodgson: You did say your property is directly across from the access or the entrance 11 way to this pretty much looking at the satellite, have you had trouble getting into your driveway due to flooding? Have you experienced any of the issues where you see the road? Mr. Lynch: Yeah, that the road floods. It floods probably twice a year. Mr. Hodgson: Okay, and you have had trouble getting in and out or you able to? Mr. Lynch: I have a higher vehicle, if I had a normal size vehicle, I would probably not be able to get out. Mr. Thornton: Other questions? Thank you sir. Ms. Rucinski: Okay, our last speaker is Ginny Cross. You can please state your name for the record? Jennie Cross: My name is Ginny Cross, I am with Ashdon Builders. Do I need to give you my address,business address? Ms. Rucinski: Just tell me your name. Ginny Cross: Okay great, good afternoon Mr. Chairman, Mrs. Vice Chair and Planning Commissioners. I am here speaking on behalf of Ashdon Builders. Back in August of 2016, we received rezoning approval for 18 lots in Princess Anne Quarter East, which is ended up at 15 lots. This property is contiguous with the subject property. Knowing the Galiotos family had the adjoining piece and that they planned on rezoning their property around the same time, we reached out to them. We met with them and we knew that they had a rezoning coming up on their property around the same time. We were hoping that they would join in our efforts of working together to 12 come up with a fair and equitable arrangement to address the improvements that are needed. After many meetings with Mr. Galiotos, the last of which included Dave Hansen and Public Utility officials discussing the problem in that quarter with the sewer, we believe the Galiotos' were going to agree to pay their pro rata share, a calculation based on the number of lots that are approved. We spent many hours working with Debbie Bryan, City Attorney, and Don Piron from Public Utilities to generate a cost participation agreement. Ms. Bryan included Mr. Galiotos, also an attorney, as part of this agreement only to learn later and after he intentionally caused delays, that he would not sign this agreement. His intentional and deliberate delay allowed him to avoid City proffers given the bill that passed in July of 2016. This is simply not fair to the Virginia Beach taxpayers or Ashdon Builders, especially since the construction of this upgraded sewer line will soon began. We have a $1,120,000 dollar cost participation agreement with the City to build this vacuum sewer line. We are the general contractor for it. Argos' pro rata share would have been 33%, which is almost $15,000 a lot. They have offered to pay $4,400 a lot in this rezoning. Instead it is costing the city taxpayers a minimum of $300,002 and Ashdon approximately $56,000 more than we would have had to had they participated. We have already had to post an irrevocable letter of credit for $224,000 before we even start this development. This is all required upfront, so before Argos obtains the rezoning approval, they should be required to do the same. We are having to pay almost $15,000 a lot, they should too. This does not give any consideration of the amount of 13 time taken to get to this point, job delays, any additional that we continue to take as a general contractor for the vacuum sewer project. They should offer to pay their fair share as originally discussed, thus reducing the burden on the taxpayers and Ashdon Builders. We are not speaking against this development; we are only asking that they do the right thing and the fair thing. Thank you. Mr. Thornton: Thank you Ginny. Any questions for Ms. Cross? Thank you. Ms. Rucinski: There are no more speakers on this application. Ms. Thornton: No more Ms. Crenshaw. It's your time. Ms. Crenshaw: Thank you Mr. Chairman. Edward Weeden: State your name for record again, please. Ann Crenshaw: Ann Crenshaw, I am an attorney with Kaufman & Canoles in the Virginia Beach office. I would first like to speak to Mr. Brown's concerns. I really cannot speak too, you know, when property was cleared by Ashdon Builders and animals came into their homes and what not and I certainly cannot talk about the quality of their construction that he has complained about. Frankly, I think we are back to where I started with and that these folks own a piece of property that they want to develop. They have property rights and they are offering to do, let me back up and say contrary to what Mr. Brown said and Mr. Lynch said, we are not building in the wetlands, they are jurisdictional wetlands that are defined by the Army Corps of Engineers, in fact, those 35 acres serve as a place to runoff any of 14 the stormwater. We are back to where I started out with you guys earlier today, the biggest concern that I gather is Princess Anne Road, because our site is going to handle all of our stormwater through this large 35-plus acre wetlands and the retention pond that would be built on the property. We are back down to "let the buyer beware." I have done this on the number of projects with this Commission and with this City Council. If the buyer wants to take or wants to know that this road may flood, we are going to surely let them know it, and they can make a decision as to whether they want to buy one of these pieces of property or not and lastly, I would like to say that I do appreciate the time and commitment that the staff has provided to both Brad Martin and myself throughout this process and I guess I should address Ginny Cross' comments. I don't know that there is anything that this Commission has authority to do to force my client to contribute more money to the sanitary sewer system. Thank you. Mr. Thornton: Thank you, any question for Ms. Crenshaw? Thank you Ann. Ms. Rucinski: There are no more speakers. Mr. Thornton: With that we will close the public hearing and open it up to comments amongst the Commissioners. Who has the first, it's in the Princess Anne area, I think I will lead off with Karen and let Don speak and then we will hear what you have got to say? Ms. Kwasny: I don't know for sure but I suspect we might have a slightly different perspective. Because where I understand the property rights as a land owner and I appreciate that, I am really bothered by the, let me see if I can 15 find that that comment, I believe it was "buyer beware" and I don't think we are being responsible in our duty in making land use recommendations, and Bob, you said something earlier that I think is really important to this, and that, we're tasked with making land use recommendations, which means to a certain degree we can only take that, well, we have to take into consideration and technical and functional elements. If those technical and functional elements as you have indicated work i.e. the stormwater management system, it technically works,which only is a matter of whether or not you are managing the water on your site or the rate of flow,that's my understanding, so that works. What's not being taken into consideration is the accumulative effect of adjacent properties, yes? But, accumulative effect in relation to what's been approved and not been built, and the potential for what could be built, that's not being taken into consideration. Also, in terms of just considering technical and functional, I know that I don't make, I don't know that I have made any recommendation based solely on those things. Most of the time, our recommendations also take into account a quality of life, a value of life, the safety of the residents, whether or not the development is going to allow for all of those things that go into what the City of Virginia Beach should provide to residents buying into a development. So I would feel remiss, in my opinion, to approve something where in my mind, I know "buyer beware" must be the rule for the safety of those people who live there and so I am kind of relying on the ignorance of the naive [Inaudible] [01:31:32] of the people who buy those homes. Now, yes you have a disclosure, I understand, but that's not enough 16 for me. There is a roadway that floods, that prevents the safety of those citizens, and I think that it's our responsibility to look at whether or not this is the right time for development in that area. We don't yet have the watershed studies back for that basin. They are not quite complete, and they will give us a better picture taking into account an accumulative analysis. I don't think you have provided an idea for us of how we will perform in a 1.5-foot rise of sea level. I don't think that you have provided that, even though it was asked for, it's not required, but it would be nice to see that because that's what we are dealing with, that's what we got facing us down the line. So, I am very apprehensive about recommending approval, and I am not anti-development. We need to grow. I see all of that, I understand that, but I also think that we have to take into account that there is a safety issue on this road way for those people, for the road that very frequently floods and that's going to affect the quality of life for those people in there and for those people who live around it. So, the property rights I get that, but I think that we have a duty to consider also the rights of those who eventually might live there and have a safety issue. Mr. Thornton: Thank you, anyone else wants to add, Don do you; it's also your general area,what are your thoughts? Mr. Horsley: Well, I think, you know, that we have answered these same questions with a neighboring development that has been approved, right adjoining them, in the last few years. You know, some of them we had similar problems with. The main thing I say with this development is I think it's all fine except for the Princess Anne Road situation, and there is 17 nothing that the developer can do about that other than just let his land lay there and pay taxes on it, other than he wants the development. So far as it being agriculture, there is not much hope of this land ever being farmed. I don't think it, you know, even though some of it probably could be cleared. Not much of it could be cleared according to what they say, as 30-some acres are jurisdictional wetlands if I understood Ms. Crenshaw right, you said that so, so the other part could be developed and I am assuming it's reasonably high land. [Inaudible] [01:34:01]. So I think the property itself is fine. It's just getting to the property, and people go up and down on Princess Anne Road every day and they will continue to do that. We got several roads in the city that do flood when, you know, I was in a meeting last night where they said that [Inaudible] 01:34:21] our the land here is sinking along with the sea level rise. So, we have got to make adjustments to that and some of our roadways eventually. I think this will come later than sooner with these improvements because all of this is kind of come from sooner since we have had the last couple of years, had these undesirable events to occur and flooding and these types of things that put undue hardships on that infrastructure. So you know me as, Dr. Kwasny has referred to property rights, since she knows that I am a very firm believer in private property rights, and I am, but also understand that we have got to be able to get citizens to and [Inaudible] [01:35:14] from the property in a safe way so, you know, if I would say yes for the development, but I am not quite sure what to do about the Princess Anne 18 Road area right yet, so I will give you my decision in a second or two. Mr. Thornton: David Redmond? Mr. Redmond: That was kind of shame because I was looking to see what you were going to do. Couple of things, first of all, we keep talking about a bunch of things that don't have to do with this application and I have yet to hear a single deficient thing with regard to this development application providing for the stormwater, looks to me like a good design. I mean it's adjacent to another subdivision, people who ride on Princess Anne Road are neither blind nor ignorant. I understand Princess Anne Road, half the traffic it used to have several years ago, and you know, we have got something kind of belly aching because there is no cost sharing with regard to this has nothing to do with the application and with regard to this development. I have yet to hear a single thing that's deficient in it. Tides, bay, and you hear about things like that, but I think people have a right to be judged on the quality of their application and whether or not it meets a certain standard and this seems to me, I cannot find anything that's technically wrong with this and it's a very small number of houses 32 houses, it's hardly you know, a huge subdivision. Glad to see you, Karen, because I kept looking over there and I should spoke to you, sort of behind this huge fern but anyway, I mean, I just don't see a reason to oppose it for all of those things that I just said, so I will support it. Mr. Thornton: David? Mr. Weiner: Couple of things, I disagree with you. This is, to me, this is a big picture 19 here. This has lot to do with the adjacent water. Well, I think we are in the new era that we have to look into the future not just 10 years, 20 years, but 50 years, and what's going to happen in 50 years. Mr. Horsley bought up a good point, land is sinking and water is rising. We don't know what's going to happen. We weren't here 12,000 years ago, so anyway, I think it has lot to do with what's going on right now. We have to look at the big picture, Princess Anne Road is a huge picture we've got to think about it. I have friends who live on the other side of the West Neck Creek and they have been there for 16 years and slowly and surely that water is coming closer to their house [Inaudible] [01:37:49] showed them the house over there, it just, and I agree with rights, you know, yes I am all about development, I just don't, this is not a good place for development. Mr. Thornton: Okay,Jack Wall. Mr. Wall: I mean, I look at the site and I kind of look at, you know, niy neighborhood, which is Windsor Oaks, and I was at the City presentation and they stated in the presentation a historical photo and they said, you know, look "this land has not been farmed, it was never good farm land." It was always wet and it probably should never been built on. You know, I am sure there are people in the area, you know, in my neighborhood that wish, you know, that it probably hadn't been built on. Even I live where I live, you know, I am fine but I have flood insurance and you know I struggle with that. I didn't buy the house in a flood zone, I bought it in a 500-year floodplain and then I got 20 rezoned into a special flood hazard area. So a known issue with accessibility to the site and so I, you know, knowing that there is an issue, knowing that it's adjacent to, you know, the major water way, the drains, the southern part of the city, I do have an issue with that. Mr. Thornton: Jan? Ms. Rucinski: Dave, I respectfully disagree with you, I think that when we look at the site, we also have to look at how we get in and out of the site. So, although I agree with your position when you say the site itself looks good,but I think we have deficiencies on how to get there and how to address it. So, I think I am with the rest of them that I don't think I am going to be able to support this application because I am concerned about the ingress and egress. Mr. Thornton: Dee? Ms. Oliver: I think that is our responsibility to be good stewards and I think that you know with the surrounding wetlands of this piece of property, the wetlands are now full, it's obvious when we went down there. We had, the water's having a hard time finding a place to go and it's been, I mean, a number one conversation we have been having for quite some time. I think it's our responsibility to pay attention to how the land works and how the lunar tides work and which way the wind blows and things like that, and this is just such an environmentally sensitive area. It's not draining really well right now and I don't know that I would be 21 okay with just adding more pressure to this right now and especially just automatically building a road that goes into a neighborhood that we know right now it's going to flood. We're already setting that up, so at this point, I just, I don't think I can support this application. Mr. Thornton: Karen? Ms. Karen: I would like to make a motion to deny this application. Mr. Thornton: Have a second, before we call for the question, anybody want to add? Mike. Mr. Mike: I have to abstain from this application, because I have a business relationship with one of the opposition' speakers Ashdon Builders. Mr. Thornton: So we will have 10 votes. Jan,motion made by,who made the motion? Unknown Speaker: Dr. Kwasny. Mr. Thornton: Oh, okay, and seconded by Jan, call for the question. Did you have anything to add Jeff before we? Mr. Hodgson: I just answered the question. Mr. Thornton: Okay. Unknown Speaker: Reconsider that, towards the denial, denial yes. Unknown Female Speaker: You may need to do this again, do it again. Mr. Thornton: We had a motion to deny. Unknown Speaker: Motion to deny. [Crosstalk] The motion is to deny and our vote is in 22 favor of denial. AYE 07 NAY 03 ABS 01 ABSENT 0 HODGSON AYE HORSLEY NAY INMAN ABS KWASNY AYE OLIVER AYE REDMOND NAY RIPLEY NAY RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Unknown Speaker: By the vote of 7-3 with 1 abstention,the Commission has denied the application of Argos Properties II, LLC. 23 . 2..-.:.t- rrt. L.O - ; b 1L!,a. 1. ' CITY OF VIRGINIA BEACH y , ,� Viz:` INTER-OFFICE CORRESPONDENCE --,- �� #47S GF it," M1N AT:OpS In Reply Refer To Our File No. DF-9585 DATE: March 26, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 1340--) DEPT: City Attorney RE: Conditional Zoning Application; Argos Properties, II, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 3, 2018. I have reviewed the subject proffer agreement and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom ARGOS PROPERTIES II, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this day of , 2017, by and between ARGOS PROPERTIES II, LLC as applicant, as party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESSETH: WHEREAS, ARGOS PROPERTIES II, LLC, a Virginia limited liability company, owns a property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 50.84 acres designated as GPIN No. 240-424-5926 on the Exhibit "A" (the "Property") attached hereto and incorporated by this reference; WHEREAS, the party of the first part is the owner of the property containing approximately 15.10 acres, the development area, and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, The City of Virginia Beach, so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural District to Conditional R-10 Residential District (the "Development Area") and the remaining 35.74 to be rezoned as Conditional P-1 Preservation ("Preservation Area"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 240-424-5926 Prepared By: Ann K.Crenshaw,Esquire(VSB#19538) Kaufman&Canoles,P.C. 2101 Parks Avenue,Suite 700 Virginia Beach,Virginia 23451 WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan dated October 30, 2017 and designated "The Reserve as Princess Anne", prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Plan"). The Plan designates the Development Area and the Preservation Area. 2. When the Property is developed, it will be subdivided into no more than thirty- two (32) single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 32. Each two-story dwelling shall contain a minimum of 2,800 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,000 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. 3. When the Property is developed the areas shown on the Plan outside the thirty two (32) lots, rights-of-way to be dedicated to the Grantee are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state with existing vegetation and trees and shall not be disturbed to maintain the undeveloped status of this area. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 4. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 3 5. The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits dated October 30, 2017 and entitled "The Reserve at Princess Anne Elevations", which have been exhibited to the City Council are on file with the Virginia Beach Department of Planning. 6. Provided that the City of Virginia Beach allows the development (including all 32 homes) to connect to the vacuum sewer main located along Princess Anne Road ("Vacuum Main") and does not require the Grantor to expand or upgrade the capacity of the Vacuum Main in order to service the proposed development, in addition to any other fees and rates required the Applicant shall provide a contribution of Four Thousand Four Hundred Dollars ($4,400.00) paid to the City of Virginia Beach Department of Utilities ("Public Utilities) for each home constructed on the Property for the mitigation of impacts on its sanitary sewer system. The contribution shall be paid to Public Utilities at the time each building permit for each house is issued. 7. The Grantor will be affirmatively required to include in the Home Owners Disclosure Documents that Princess Anne Road and portions of the newly dedicated public right of way into the development may flood during a 100 year storm or other severe weather events. 4 8. Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 9. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the circuit Court of the City of Virginia beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer or enforce the foregoing conditions and restrictions, including the 5 authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning department, and they shall be recorded in the Clerk's office of the circuit Court of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. 6 WITNESS the following signature and seal: Applicant and Grantor: Argos Properties II, LLC, a Virginia limited liability company Name: /�(SaS G ca,/o+72_) Its: fAR4>', -.( 7/1e.,-...4-0,- COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this f`7 day of Patien.L e47 2017, by la i 4 d l"5 , as aecfaki p l41't e✓ 3 of Argos Properties II, LLC, as Grantor and Applicant, who t---------- personally known to me or has produced a valid form of proof of identification. P;,/ •.,sild14,4 4AUTO - stary Public My Commission Expires: / 3/ i r Notary Registration Number: 0 =" ` -,K� CHRISTIE L. LEE 44, r a NotaryPublic Commonwealth of Virginia a'w '=' Registration No.21031V My Commission Expires Jan.31,/$ 7 15482091v7 EXHIBIT "A" ALL THAT certain tract of land, with the appurtenances thereunto belonging, situate near Princess Anne County Courthouse, in the City of Virginia Beach(formerly Seaboard Magisterial District of Princess Anne County), Virginia, lying east and north of the line of Moses Coffee to the center of the swamp ,containing fifty-five (55) acres, more or less, but is sold in gross and not by the acre, bounded by the lands of Andrew Cason, Moses Coffee, and the land now or formerly belonging to Anthony Woodhouse, William Carson, F. M. Whitehurst and others, and being part of the land Edmond Andrews died seized and possessed, excepting however,therefrom that parcel of land conveyed to Vernon D. Walke and wife, by deed of F. E. Kellam and wife, duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 206 at page 55. IT BEING the same property conveyed to Argos Properties II, LLC, a Virginia limited liability company by deed from Argos Properties, L.L.C., a Virginia limited liability company, dated June 16, 2008 and recorded July 11, 2008 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20080711000816150. Note: Legal Description is for 55 acres, but plat and assessor show 50.84 acres. Page • . ------../ fil -- ' i? / i - /5 j.-- - • . . / 1 -----__ . L.,......„. iy" oe• / I // / c-4'7 1 f II / / f / i k i I r , ,, , , .4,„ 2 I 0 „....,_,_ 7...,_.. . . I 4---.1 .... ...., /...? I ......,...: ,.....././ /-___2, co . ........... .. .. .. ,..... ,. it ---...1 . . ., . 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LOGAN VIRGINIA PROPERTIES, LLC [Applicant] BYLER AZALEA, LLC & GATEWAY FREE WILL BAPTIST CHURCH [Owners] Conditional Change of Zoning (B-2 Community Business, A-12 Apartment & R-7.5 Residential Districts to Conditional B-2 Community Business District) at the property located at 5441 Virginia Beach Boulevard & a portion of 5473 Virginia Beach Boulevard (GPINs 1467477344, 1467463886), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: April 17, 2018 • Background: The applicant is the contract purchaser of 1.77 acres from Gateway Free Will Baptist Church and 2.70 acres from Byler Azalea, LLC. The applicant plans on combining this acreage into one parcel and rezoning it to Conditional B-2 for the purpose of developing the site with a 44,685 square foot retail furniture store. The proposed building is a contemporary design, with plated glass as the main exterior building material. A brown standing-seam vaulted roof supported by decorative white trusses is located above the main entrance to the building. A large white cornice is located at the top of the roofline. • Considerations: The proposed redevelopment of the site into a furniture store is consistent with the established development pattern of large-footprint commercial uses, many of them furniture stores, along this portion of Virginia Beach Boulevard. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Logan Virginia Properties, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa ► ent/Agency: Planning Department( wLI1 City Manager: ad Applicant Logan Virginia Properties, LLC Agenda Item Property Owners Byler Azalea, LLC & Gateway Free Will Baptist Church 6 c,i,,./ Public Hearing March 14, 2018 Virginia Beach City Council Election District Kempsville Request Conditional Rezoning(B-2 Community Business, a„, A-12 Apartment&R-7.5 Residential to Conditional B- lip. 2 Community Business) cps,4vb ` +E Staff Recommendation1 Approval � "° , 31 Staff Planner Jimmy McNamara I Location 264 5441&a portion of 5473 Virginia Beach Boulevard GPINs 1467477344, 1467463886 ` ,. v Site Size *,4 eP, 4.32 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office, personal service, religious use/B-2 Community Business,A-12 Apartment& R-7.5 Residential ` Y' .,, ; # 1'4 t K �. Surrounding Land Uses and Zoning Districts ,i i� A . ""?, i t '� 0 North , 3 -.. �'�,� :P,: t L,"," ' / =:>i. -.T,),,,,) re =c Virginia Beach Boulevard ,+1' . 1` •- •;,.r � W s #.„,,A Mixed retail/B-2 Community Business '"',, . ``,/ South Religious use/R-7.5 Residential :;. e' a ' A P East e•e1 'S -a w Toy Avenuey +i '+ f r* Single-family dwellings,office, motor vehicle sales/ �¢ R-7.5 Residential, B-2 Community Business Wester - . ! .' , 4 . r Automobile repair garage/B-2 Community Business i. 1 ,z '' <, c 4 A Logan Virginia Properties, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The subject 4.32 acres that are proposed to be rezoned will be a reconfiguration of two sites. The applicant is the contract purchaser of 1.77 acres from Gateway Free Will Baptist Church and 2.70 acres from Byler Azalea, LLC. The applicant plans on combining this acreage into one parcel and rezoning it to Conditional B-2 for the purpose of developing the site with a 44,685 square foot retail furniture store. The parcel located at 5441 Virginia Beach Boulevard is zoned B-2 Community Business District and is developed with two strip office/retail buildings. The parcel located at 5473 Virginia Beach Boulevard is oddly shaped and is zoned A-12 Apartment District and R-7.5 Residential District and is developed with a church. Legend lir stmg Structures f/0. 8c'd Logan ch eo 5473 Virginia Beach Boulevard(Gateway Free W4I Bapel Church Inc) We 5441 Vrgow Beach Boulevard(Eyler Azalea LLC) SietoExisting tonin Site to be Rezoned m e G Q N N O U Cross street • Access to the site is proposed via two points of ingress/egress along Virginia Beach Boulevard and one point of ingress/egress along Toy Avenue. • A drainage easement,varying in width from 15 to 30 feet, runs through the interior of the site and restricts the placement of the proposed building. • The concept plan depicts foundation plantings, and a 15-foot wide landscape buffer along the eastern, western and southern property lines. The required streetscape landscaping will be installed within the 10-foot wide landscape area depicted adjacent to Virginia Beach Boulevard. Interior parking lot plantings are also depicted on the plan. Further details of the required plantings will be reviewed during final site plan review. • The 125 parking spaces proposed for the site exceeds the maximum number permitted by the Zoning Ordinance by 50 spaces. Section 203(b)(9) of the Zoning Ordinance permits parking above the maximum subject to several conditions. Staff does support this approach and the applicant is aware of the requirements. • A large BMP is proposed in the rear of the site to address stormwater needs. A more detailed review of the proposed strategy will be completed at the time of Site Plan Review. Logan Virginia Properties, LLC Agenda Item 6 Page 2 • The proposed building is a contemporary design, with plated glass as the main exterior building material. A brown standing-seam vaulted roof supported by decorative white trusses is located above the main entrance to the building. A large white cornice is located at the top of the roofline. I9*, , P06,• ° 4 Zoning History 22 ; ;f e04„ 1.1 # Request // �, 1 CUP(Vocational School)Approved 11/18/2014 j.„� ' CUP(Religious Use)Approved 12/12/2002 �� - 2 CUP(Private School)Approved 08/12/2003 `� J 3 CUP(Motor Vehicle Sales)Approved 03/09/2004 ,�.� 4:-2 4 CRZ(I-1& B-2 to Conditional A-18)Approved w4ki �-_a 07/05/2016 ' 5 CUP(Automobile Repair Garage)Approved 04/09/1996 - 4' CUP(Automobile Repair Garage)Approved 06/08/1993 R-7.5 6 CUP(Religious Use)Approved 07/02/2002 1 it /4114111-4[1,1 I��'lt�' - CUP(Religious Use)Approved 10/26/2000 j 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 The proposed redevelopment of the site into a furniture store is consistent with the established development pattern of large commercial uses along Virginia Beach Boulevard. A number of similar large furniture showrooms are located within close proximity to the site. As required by the Zoning Ordinance, a 15-foot buffer with Category IV landscaping is present along all property lines that are adjacent to the residentially zoned property. In Staff's opinion, the combination of landscaping that surrounds the site and the unique and attractive building proposed in the submitted elevations will create a site, although is large in scale, that is compatible with the existing development along Virginia Beach Boulevard in the immediate area. Staff recommends approval of this request subject to the submitted proffers. 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. Logan Virginia Properties, LLC Agenda Item 6 Page 3 Proffer 1: The Property shall be developed in substantial conformance with the conceptual site plan drawings entitled "CONCEPTUAL SITE PLAN",dated December 29, 2017,which was prepared by Timmons Group (the "Conceptual Site Layout"), a copy of which is on file with the Department of Planning&Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. Any minor changes to the Conceptual Site Layout made necessary by environmental,engineering, architectural,topographic or other development conditions, or site plan and subdivision approval requirements, may be permitted subject to the approval of the Director of Planning&Community Development. Proffer 2: Landscaping for the Project will adhere to standard City requirements and shall be in substantial conformance with the Conceptual Site Layout.A landscape plan shall be developed in substantial conformance with the conceptual landscape concept drawings entitled "CONCEPTUAL SITE PLAN",dated December 29, 2017,which was prepared by Timmons Group (the "Conceptual Site Layout"), a copy of which is on file with the Department of Planning&Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. The final landscape plan that is submitted to and reviewed by the Development Services Center's Landscape Architect and subject to approval by the Director of Planning& Community Development shall be in substantial conformance with the Landscape Concept Plan and reviewed and approved by the Director of Planning&Community Development. All landscaping shall be installed in accordance with the approved plan and shall be maintained in a healthy condition in perpetuity. Proffer 3: Building elevations and exterior building materials(the "Building Elevations and Exterior Building Materials") shall be consistent with the drawings prepared by CASCO, dated October 10, 2017,which Building Elevations and Exterior Building Materials are on file with the Department of Planning&Community Development and have been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide a justification for this rezoning action.All final building elevations, including design, materials and colors shall be reviewed and approved by the Director of Planning&Community Development prior to issuance of a building permit. Proffer 4: The applicant shall submit a Photometric Plan,to include the design, color and materials of all lighting fixtures, subject to the review and approval of the Director of the Department of Planning&Community Development prior to site plan approval. Lighting shall be installed and operated as shown on the approved plan. All exterior lighting on the Property shall be directed downward and inward to the site. Proffer 5: All dumpsters and HVAC systems shall be screened from adjacent properties and right-of-way with materials and design approved by the Director of the Department of Planning&Community Development prior to site plan approval. The dumpsters shall be maintained in good condition in perpetuity and in keeping with the materials, style and design regarding which it is approved. Staff Comments: The proffers listed above are acceptable and help provide confidence that the site and building will be developed in a high quality manner. 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. Logan Virginia Properties, LLC Agenda Item 6 Page 4 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 compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 32,466 ADT' 34,940 ADT'(LOS4"C") Existing Land Use 2-31,501 ADT 56,240 ADT (LOS D") Proposed Land Use 226 ADT 'Average Daily Trips 2 as defined by 2.55 acres of B-2,0.81 acres Sas defined by a 44,600 square- 4 LOS=Level of Service of R-7.5&0.96 acres of A-12 zoned foot furniture store property Public Utility Impacts Water The site currently connects to City water. The existing one-inch water meter (City ID#95145894) may be used or upgraded to accommodate the proposed development. There are existing 16-inch and 20-inch City water transmission mains along Virginia Beach Boulevard and an eight-inch City water main along Toy Avenue. Sewer The site currently connects to City sanitary sewer. There is an existing 16-inch City sanitary sewer gravity main along Virginia Beach Boulevard and an eight-inch sanitary sewer gravity main along Toy Avenue. Logan Virginia Properties, LLC Agenda Item 6 Page 5 Proposed Site Layout A V E N u E i T O Y B : r•.' $ s 17 Lf? 4 1 dy Z.iii i5%1 i141 0 I ...4 �� a " Fi x U 1 1 I �� :1,1 1 F I I 1 \ — .......iiisr ........ri :E 1 I I ittlipte1 I 1 8 ' 1 ce w o _ o > 1 coil J1 W 03 Z m x - I LL CO m O o f i . Tr_l' I co .S o1 l 0 p I 1 a acc I W I. Q F I - r T i a i ,.J W o .1-5-------- — 100 N I 1 ccI >' F il ,4'd. .. t Z m y 1s il * ' 't'•• :'A kt:P tf.7' * /^ 3 x .4e . k I! # a • 7M / 1 Z tr I 19 - ..-. --_ — �� fir. g O N t cc O Logan Virginia Properties, LLC Agenda Item 6 Page 6 Proposed Rendering v 7. 3 MIN \ Q _{ 7 a\ .EEE Logan Virginia Properties, LLC Agenda Item 6 Page 7 Site Photos - . . . . 1, ., ,..,. a -'.. _ '-e''. ,."..50 .-.-_., ' • _...--- ,, S44I .--4 NI I I 7 Azalea Village , _ _illUil ---- 1...), ibKOKE 490-314 - . . . I _ . — ..-- . .4......,`_-:-. , .• - yve..4"' --,-- P* ..,•:•:::,'31:11" '1,-: - -,J.--,__,,,_ ' -:•, ' . i'' •,,,••-ifi.k.-, ..-.,,, ,,--- --.:.?: -,p',--,.' . . –*....., -."...•-7k•-•.- f -,.. ,,,,.,.;:'–'10 ...vie A '.- '-:'"'--..",' -- '''',•,-- 0--,„ -,1-4,.,„„.-:;-..,,-.:•-•.-4,., _r ;7 r 7 4 .,__ r---...-1.„....t- - -.. -. ' ,..,;_,-;;;•??,,...,,-....„::,....,.----....-...,-.,-,• • - -- •( -- -;• 16A-,/- - - r'''' -/-,, ' .4A•/,; .t.• --' , '' -__si`. 't ,Ii- -.•A -.- ,-..,w ' :. ''1'...,.. ' _,,‘•_,' • r , r ------_ _"?_":-,7r1;v•w 1 -) • ' ' 11r: r. I ' r 1101114L1'14".-t•:::' ' ---' ' -- . _ . , Logan Virginia Properties, LLC Agenda Item 6 Page 8 Disclosure Statement APPLICANT'S NAME Logan Virginia 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 Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning _Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property ; Subdivision Variance Board Conditional Use Permit License Agreement , Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Witt Page 1 of 7 j +c O - — WV Jimmy McNamara Logan Virginia Properties, LLC Agenda Item 6 Page 9 Disclosure Statement ni•B=re Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. X Check here if the APPLICANT_IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Logan Virginia Properties, LLC If an LLC, list all member's names: Jeffrey Seaman and Julie Seaman.Members Jeffrey Seaman, Manager 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) Seaman Development Corporation, a Florida corporation,and RTG Furniture Corp.of Georgia,a Florida corporation, are affiliated business entities of Applicant as they are under common ownership and control. See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 on!, if property owneritolifferentfrom Applicant. F7 Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business, or other unincorporated organization. IX Check here if the PROPERTY OWNER lS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Byler Azalea, LLC If an LLC, list the member's names:Kathryn N. Byler, Sole Member/Manager Page 2 of 7 Logan Virginia Properties, LLC Agenda Item 6 Page 10 Disclosure Statement 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) There are no parent-subsidiary or affiliated business entity relationships with the Property Owner. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Logan Virginia Properties, LLC Agenda Item 6 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ „ Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Applicant is contract purchaser. It will the Applicant)- identify purchaser own the Property. It will lease to RTG and purchaser's service providers Furniture Corp.of Georgia to operate Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers /Surveyors/Agents Timmons Group Financing (include current ❑ mortgage holders and lenders/ selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Patten,Wornom, Hatten&Diamonstei 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 Logan Virginia Properties, LLC Agenda Item 6 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, 1 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 Appl i�ationn'. %:, f' Jeff Finkel J AP' CANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Logan Virginia Properties, LLC Agenda Item 6 Page 13 Disclosure Statement 0 11 OWNER Virginia Reach [YES I NO I SERVICE PROVIDER(use additional sheets If i _ needed) n X Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner f Contract Purchaser(if other than 0 the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed fl gr, purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) 7 Construction Contractors aEngineers/Surveyors/Agents Financing(include current n n mortgage selected or beingholders consideredandlenders to provide financing for acquisition or construction of the property) i IXLegal Services Real Estate Brokers/ LJ ® 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 (Xl 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 Logan Virginia Properties, LLC Agenda Item 6 Page 14 Disclosure Statement xy d 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. Kathryn N.Byler PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Logan Virginia Properties, LLC Agenda Item 6 Page 15 Disclosure Statement WRITTEN CONSENT TO ACTION TAKEN IN LIEU OF SPECIAL MEETING OF THE MANAGER OF LOGAN VIRGINIA PROPERTIES LLC Effective as of December 14,2017 The undersigned, constituting the Manager of LOGAN VIRGINIA PROPERTIES LLC, a Delaware limited liability company(the"Company").waiving all requirements of notice,consent to the actions specified below(this"Consent")and adopt the following resolutions in lieu of holding a special meeting of the Manager pursuant to Section I8.404(d)of the Delaware Limited Liability Company Act (the"Act"): OFFICERS RESOLVED, that the Manager of the Company may appoint a president,one or more vice presidents,a secretary and one or more assistant secretaries,and a treasurer and one or more assistant treasurers to assist in the daily affairs of the Company. Such officers will hold office until their successors have been appointed and have qualified or until their earlier resignations, removal from office or death. These officers will perform the following duties as well as any other duties assigned by the Manager. One person may simultaneously hold any two or more offices. 1. President: The President will: sign and make contracts and agreements in the name of the Company; see that the books, reports. statements and certificates required by statute are properly kept and filed according to law; sign. notes, drafts or bills of exchange,warrants or other orders for the payment of money duly drawn on behalf of the Company;supervise all employees of the Company including the power to hire and fire such employees as he or she deems advisable;have general charge of and control over the affairs of the Company and perform all the duties incident to such position and office, including the purchase by the Company of tangible or intangible assets, and all other things which the President is required to do by law;and perform such other duties and have such other powers as the Manager may from time to time prescribe. 2. Vice President: The Vicc President,in the absence or disability of the President. will perform the duties and exercise the powers of the President: and perform such other duties and have such other powers as the Manager may from time to time prescribe. 3. Secretary: The Secretary will: prepare the minutes of the meetings of the Member and keep the minutes in appropriate permanent books of records:give and serve all notices of the Company; be the custodian of the records and authenticate records of the Company when required; and attend to all correspondence and perform all the duties incident to the office of the Secretary. 4. Treasurer. The Treasurer will: keep accounts of and have the care and custody of and be responsible for all the funds and securities of the Company in such hank or banks. trust company or trust companies, or safe deposit vaults as the Member, Manager or President may designate; render a statement of the condition of the finances of the Company and a full financial report at the Q13\49831905.1 12/14/17 Logan Virginia Properties, LLC Agenda Item 6 Page 16 Disclosure Statement 1 meetings of the Member; keep at the office of the Company current books of account of all of its business transactions and such other books of account that the Manager may require; and do and perform all other duties pertaining to the office of the Treasurer. 5. Additional Officers: In addition to having a president, one or more vice presidents,a secretary and a treasurer.the Company will have such other officers as the Manager may from time to time by written authorization designate. Such additional officer(s)will have such authority and will exercise such duties as the Manager may reasonably specify by authorization from time to time. 6. Removal and Resignation of Officers: An officer or agent appointed by the Manager or appointed by another officer may be removed by the Manager whenever in its judgment the removal of the officer or agent will serve the best interests of the Company. Removal will be without prejudice to any contract rights of the person removed. The appointment of any person as an officer,agent or employee of the Company does not create any contract rights. The Manager may fill a vacancy however occurring in any office. An officer may resign at any time by delivering a notice to the Company. A resignation is effective when the notice is delivered unless the notice specifies a later effective date. If a resignation is made effective at as later date, the Manager may till the pending vacancy before the effective date if the Manager provides that the successor does not take office until the effective date. An officer's resignation does not affect the officer's contract rights,if any with the Company. 7. Salaries: The Manager from time to time may fix the salaries, if any. of the officers. FURTHER RESOLVED. that the following persons are appointed as officers of the Company,to hold office until their successors are elected or until their resignation,removal from office or death: Lewis Stein President and Assistant Secretary Jeffrey Finkel Vice President Peter Weitzner Vice President Jamie Sheer Vice President Secretary and Treasurer IN WITNESS WHEREOF, the undersigned. constituting the Manager of the Company, authorizes,ratifies,implements,and effectuates the actions descri 't this Conseiots of the date shown at the beginning of this Consent. 7' / / / Je rcv Se man,Manager r Q13\49831905.1 12/14117 Logan Virginia Properties, LLC Agenda Item 6 Page 17 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Logan Virginia Properties, LLC If an LLC, list all member's names: Jeffrey Seaman and Julie Seaman,Members Jeffrey Seaman, Manager If a CORPORATION,list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Seaman Development Corporation,a Florida corporation,and RTG Furniture Corp.of Georgia,a Florida corporation,are affiliated business entities of Applicant as they are under common ownership and control. See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:Gatewa�r_Free Will Baptist Church If an LLC, list the member's names: Page 2 of 7 Logan Virginia Properties, LLC Agenda Item 6 Page 18 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Brent Patrick, President Bernard Goldsmith,Vice President and Director Brian Cory,Treasurer Arnie Bulaski Ill, Director -See attached list of additional officers and directors (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) There are no parent-subsidiary or affiliated business entity relationships with the Property Owner. 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. - .. _ a -4 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 Logan Virginia Properties, LLC Agenda Item 6 Page 19 Disclosure Statement OWNER Virginia Beach [YES NO I [ SERVICE I PROVIDER(usededaitionai sheets if 1 (X� Accounting and/or preparer of your tax return PI [XI I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Jx the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El [X/ purchaser of the subject property t'' (identify purchaser(s)and purchaser's service providers) Construction Contractors FlEngineers/Surveyors/Agents Financing(include current LJ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I:l 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 (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 Logan Virginia Properties, LLC Agenda Item 6 Page 20 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. (;) 1 45 r dr PROPERTY OWNER'S SIGNATURE PRINT NAM[ / DATE Page 7 of 7 Logan Virginia Properties, LLC Agenda Item 6 Page 21 Disclosure Statement (Cont'd)Officers,Directors,Members,Trustees of Gateway Free Will Baptist Church,Inc.: Fred Gray—Director Brian Schlicht—Director Craig Pace—Director David Perez—Director Greg Holestin Jr.—Director Mike Minter—Director Ray Simmons—Director Rick Werner-Director Logan Virginia Properties, LLC Agenda Item 6 Page 22 Item#6 Logan Virginia Properties, LLC Conditional Change of Zoning(B-2 Community Business, A-12 Apartment, R-7.5 Residential to Conditional B-2 Community Business) 5441 & 5473 Virginia Beach Boulevard District—Kempsville March 14, 2018 CONSENT Mrs. Oliver: Thank you Commissioner Wall. The next matter is agenda item number 6 and this is an application of Logan Virginia Properties, LLC for a Conditional Rezoning from B-2, A-12, and R-7.5 to a Conditional B-2 on property located at 5441 & 5473 Virginia Beach Boulevard located in the Kempsville District. Is there representative for this application? Is there any opposition,oh sorry. Hi,how are you? Good,could you state your name for the record please? Jeffery Frinkel:Yeah, I am Jeffery Frinkel and I am senior vice president of Rooms to Go and this project is to bring Rooms to Go showroom to Virginia Beach. Ms. Oliver: Great and are the conditions set forth in the application acceptable to you? Jeffery Frinkel: Yes, they are. Ms. Oliver: Great, thank you very much. Jeffery Frinkel: You are welcome. Ms. Oliver: Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman is asked Commissioner Weiner to read this into the record? Mr. Weiner: Thank you. This is a Conditional Rezoning, the subject 4.32 acres that are proposed to be rezoned with the reconfiguration of two sites. The applicant is a contract purchaser of the 1.77 acres from Gateway Free Will Baptist Church and 2.7 acres from Byler Azalea,LLC,the applicant plans on combining these acres into one parcel and rezoning to a Conditional B-2 for the purpose of development of the site with a 44,685 square foot retail furniture store. Access to this site is proposed via two points' ingress and egress along Virginia Beach Boulevard and one point of ingress/egress along Toy Avenue. The parking spaces proposed on the site exceeds the maximum number permitted by zoning ordinance by 50 spaces, a large BMP is proposed in the rear of the site to adjust stormwater needs and more detailed review of the proposed strategy will be completed at the time of the site plan review. The proposed building is a contemporary design with plate glass as the main exterior building material. Staff recommends approval and we put it on the Consent Agenda. PROFFERS 1 A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 6. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 2 46, 1‘171' -..1?.p� 4 CITY OF VIRGINIA BEACH * INTER-OFFICE CORRESPONDENCE c �;yyRtt; ?i d OF Ys OUR N PS,ONS In Reply Refer To Our File No. DF-10040 DATE: April 6, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Logan Virginia Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 17, 2018. I have reviewed the subject proffer agreement, dated December 29, 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 Prepared by: Patten,Wornom,Hatten&Diamonstein,LC 12350 Jefferson Avenue,Suite 300 Newport News,Virginia 23602 Attn:Lindsey A.Carney,Esq.(VSB No.70870) After recording return to: Office of the City Attorney,Virginia Beach 2401 Courthouse Drive Virginia Beach,Virginia 23456 GPIN: A portion of 14674638860000 (5473 Virginia Beach Boulevard) GPIN: 14674773440000 (5441 Virginia Beach Boulevard) PROFFER STATEMENT CONDITIONAL REZONING APPLICATION THIS PROFFER STATEMENT ("Statement") made this 29th day of December, 2017, by and between BYLER AZALEA, LLC, a Virginia limited liability company ("Byler"); GATEWAY FREE WILL BAPTIST CHURCH, INC., a Virginia non-stock corporation ("Gateway"); and LOGAN VIRGINIA PROPERTIES, LLC, a Virginia limited liability company ("Logan") (Byler, Gateway and Logan shall collectively hereinafter be referred to as the "Grantors"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee" or "City"), with an address of 2401 Courthouse Drive, Virginia Beach, Virginia 23456. RECITALS A. Byler is the fee simple owner of the parcel of real property located in the City of Virginia Beach, Virginia, identified as GPIN 14674773440000, and more fully described on "Exhibit A" (the `Eyler Property"), with a street address of 5441 Virginia Beach Boulevard, Virginia Beach, Virginia. B. Gateway is the fee simple owner of the parcel of real property located in the City of Virginia Beach, Virginia, identified as GPIN 14674638860000, and more fully described on 1 "Exhibit B" (the "Gateway Property"), with a street address of 5473 Virginia Beach Boulevard, Virginia Beach, Virginia. C. Logan is the contract purchaser of the Byler Property and a portion of the Gateway Property. D. Logan, with the consent of Byler and Gateway, has submitted a Conditional Rezoning Application to change the zoning designation of the Byler Property and a portion of the Gateway Property from B2 unconditioned (as to the Byler Property) and R7.5 and Al2 (as to a portion of the Gateway Property) to B2 Conditioned with proffers. For purposes of this Proffer Statement, the Byler Property and the portion of the Gateway Property to be rezoned shall collectively be referred to as the "Property". E. Grantors have requested approval of this Proffer Statement. F. The City's policy is to provide for the orderly development of land for various purposes, including commercial purposes, through zoning and other land development legislation. G. Grantors desire to offer the City certain conditions for the enhancement of the community and to provide for the highest quality and orderly development of the Property. H. The conditions outlined in this Proffer Statement have been proffered by Grantors and allowed and accepted by the City. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of the City. NOW, THEREFORE, for and in consideration of the approval and acceptance by the City of this Proffer Statement, Grantors agree that they will meet and 2 comply with all of the following conditions in developing the Property. In the event the requested change of zoning classification is not granted by the City or is withdrawn by the Grantors, these Proffers shall thereupon be void ab initio and of no further force or effect. Grantors, their successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from the City or its governing body and without any element or compulsion or quid fro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the foregoing declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Proffer Statement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantors, their heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: CONDITIONS A) The following are a list of conditions upon the use and development of the Property: 1. The Property shall be developed in substantial conformance with the conceptual site plan drawings entitled "CONCEPTUAL SITE PLAN", dated December 29, 2017, which was prepared by Timmons Group (the "Conceptual Site Layout"), a copy of which is on file with the Department of Planning& Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. Any minor changes to the Conceptual Site Layout made necessary by environmental, engineering, architectural, topographic or other development 3 conditions, or site plan and subdivision approval requirements, may be permitted subject to the approval of the Director of Planning& Community Development. 2. Landscaping for the Project will adhere to standard City requirements and shall be in substantial conformance with the Conceptual Site Layout. A landscape plan shall be developed in substantial conformance with the conceptual landscape concept drawings entitled "CONCEPTUAL SITE PLAN", dated December 29, 2017, which was prepared by Timmons Group (the "Conceptual Site Layout"), a copy of which is on file with the Department of Planning & Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. The final landscape plan that is submitted to and reviewed by the Development Services Center's Landscape Architect and subject to approval by the Director of Planning & Community Development shall be in substantial conformance with the Landscape Concept Plan and reviewed and approved by the Director of Planning & Community Development. All landscaping shall be installed in accordance with the approved plan and shall be maintained in a healthy condition in perpetuity. 3. Building elevations and exterior building materials (the "Building Elevations and Exterior Building Materials") shall be consistent with the drawings prepared by CASCO, dated October 10, 2017, which Building Elevations and Exterior Building Materials are on file with the Department of Planning & Community Development and have been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide a justification for this rezoning action. All final building elevations, including design, materials and colors shall be reviewed and approved by the Director of Planning & Community Development prior to issuance of a building permit. 4 4. The applicant shall submit a Photometric Plan, to include the design, color and materials of all lighting fixtures, subject to the review and approval of the Director of the Department of Planning & Community Development prior to site plan approval. Lighting shall be installed and operated as shown on the approved plan. All exterior lighting on the Property shall be directed downward and inward to the site. All outdoor storage and displays of saleable items shall be prohibited. 5. All dumpsters and HVAC systems shall be screened from adjacent properties and right-of-way .with materials and design approved by the Director of the Department of Planning & Community Development prior to site plan approval. The dumpsters shall be maintained in good condition in perpetuity and in keeping with the materials, style and design regarding which it is approved. B) Further lawful conditions or restrictions against the Property may be required by the City during the detailed Site Plan review and administration of applicable codes and regulations of the City by all appropriate agencies and departments of the City, which shall be observed or performed by Grantors. Grantors acknowledge that additional further lawful conditions or restrictions may be imposed by the City as a condition of approvals, including but not limited to final Concept Plan approval. C) All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the City. D) The Grantors covenant and agree that: (1) the Zoning Administrator of the City shall be vested with all necessary authority on behalf of the governing body of the City to administer and enforce the foregoing conditions and restrictions specified in this Proffer 5 Statement, 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 Grantors' 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; and (3) 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 conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning & Community Development and that this Proffer Statement 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 the City. [SIGNATURES ON FOLLOWING PAGES] 6 WITNESS the following signatures and seals: GRANTOR: BYLER AZALEA, LLC, a Virginia limited liability company By: a (SEAL) Name: Kath*n N. Bylof Title: Sole Member/Manager COMMONWEALTH QE ilt , CITY OF UU1o,/t,Q. , to_wit: The foregoing instrument was acknowledged before me, Rp bezeeD1 Jitt 1Jrw/ , Notary Public, this day of -D0eef)tt Y , 201 7 , by Kathryn N. Byler, as Sole Member/Manager for and on behalf of Byler Azalea, LLC, a Virginia limited liability company, on behalf of said company. • .! i 1/ '' LA AVh- e Notary Public My Commission Expires: 31 2.424 Notary Registration Number: 2V�22 [Affix\IG `` y"�' �,,,�� z. �'REGISTRATION NO.' ' 212122 • : COMM.2020IRES' .. */,"sir 1 IPU�� 7 WITNESS the following signatures and seals: GRANTOR: GATEWAY FREE WILL BAPTIST CHURCH, INC., a Virginia non-stock corporation By: �i�� (SEAL) Name: Sr;(,,, o2/ Title: /re�r<irer' COMMO ALTHO VIRGINIA 9Y OF / pial ti , to-wit: The foregoing instrume was acknowledged before me, E‘I,--i viTOW c_\0440 , Notary Public, thisday of , 201$, by 4,e/A4) A. 4,1/2, , as liras eas ur r for and on beh of Gateway Free Will Baptist Church, IrY., a Virginia non-stock corporation, on behalf of said company. Not. P . is ``` �StOry � SMO N lYF• y i *0 My ��y tri My Commission Expires: 5 3/'c9/ - m NO.': 7558454 = /• .1 • 4. Notary Registration Number: �7� ,c1.9�J ; [Affix Notary Seal] �ii3Oj""P�e`` `�� 8 WITNESS the following signatures and seals: GRANTOR: LOGAN VIRGINIA PROPERTIES, LLC, a Delaware limited liability company By: 4r " �� (SEAL) Name. - _ _ ,..,�r.o, Title: STATE OF G GIA £ ' OF L,3 , to-wit: CCK The foregoing in trume was acknowledged before me,84215>9 -Ii;1.cs otary blic, thi y of /9/€ , 2018 , by0 r- t/ ,6,X44 as (: 465/bbi,UT for and on behalf of ogan Virginia Properties, LLC, a Delaware limited liability company, on behalf of said company. grie/ ea., Notary Public My Commission Expires: ,/ /L 0/901-49.0 Notary Registration Number: -Gb6A8/86' [Affix Notary Seal] � AA A TG- 'P ti -44 4rAA . 41 s�,� n = G 'V ° OS COUNT' --,,,,,,,,'I' 9 Exhibit A Legal Description of the Gateway Property 11 Legal description for 5473 Virginia Beach Blvd: Beginning at a point located on the southern right-of-way line of Virginia Beach Boulevard; thence leaving said Virginia Beach Boulevard S 14°57'12" W a distance of 192.35 feet to a point; thence S 64°24'54" E a distance of 96.00 feet to a point; thence S 14°57'12" W a distance of 200.41 feet to a point; thence S 64°24'54" E a distance of 146.00 feet to a point; thence N 14°57'12" E a distance of 225.41 feet to a point; thence S 64°24'48" E a distance of 160.00 feet to a point; thence S 14°5T12" W a distance of 225.47 feet to a point; thence S 14°28'15" W a distance of 1000.97 feet to a point; thence N 73°02'04" W a distance of 864.82 feet to a point; thence N 14°55'46" E a distance of 1096.68 feet to a point; thence N 13°51'08" E a distance of 248.70 feet to a point; thence S 64°24'48" E a distance of 108.10 feet to a point; thence N 15°06'12" E a distance of 179.54 feet to a point located on the southern right-of-way line of Virginia Beach Boulevard; thence along Virginia Beach Boulevard S 64°24'48" E a distance of 108.70 feet to a point; thence leaving said Virginia Beach Boulevard S 14°57'12" W a distance of 392.76 feet to a point; thence S 64°24'54" E a distance of 196.80 feet to a point; thence N 14°57'12" E a distance of 392.76 feet to a point located on the southern right-of-way line of Virginia Beach Boulevard; thence along Virginia Beach Boulevard S 64°24'48" E a distance of 60.00 feet to a point, said point being the True Point and Place of Beginning containing 1,058,598 square feet or 24.3 acres. Exhibit A Legal Description of the Byler Property 10 Legal description for 5441 Virginia Beach Blvd: Beginning at a point located on the southern right-of-way line of Virginia Beach Boulevard; thence along Virginia Beach Boulevard S 67°19'16" E a distance of 428.26 feet to a point; thence leaving said Virginia Beach Boulevard S 25°30'05" W a distance of 127.75 feet to a point; thence S 64°30'23" E a distance of 123.69 feet to a point on the western right-of-way line of Toy Avenue; thence along Toy Avenue S 14°33'35" W a distance of 58.50 feet to a point; thence leaving said Toy Avenue N 75°26'25" W a distance of 127.74 feet to a point; thence N 14°33'35" E a distance of 23.64 feet to a point; thence N 64°24'48" W a distance of 160.00 feet to a point; thence S 14°57'12" W a distance of 225.41 feet to a point; thence N 64°24'54" W a distance of 146.00 feet to a point; thence N 14°57'12" E a distance of 200.41 feet to a point; thence N 64°24'54" W a distance of 96.00 feet to a point; thence N 14°57'12" E a distance of 192.35 feet to a point, said point being the True Point and Place of Beginning, containing 116,187 square feet or 2.7 acres. ,i,,,.. /1 i 11 \ ', ', ‘ \\ 12-------- ''' i 1 \ --11 k '''''' i 't. 0, 'i % \ • \ I\ r" \ -- \ \ , \ \ IX ___---- � �� _tel �` 06 \ " \ \ IX k----'------r r- _ _ Ok \ \ 0 ‘ ____--;1----- s Mel-Atte i - .' %I. _-_i _- , ‘ \ a t---,f..i:i-,..-_ :::., . . ------------- 1:101 101 \ \ V___I ste 1. 1 A , C ), \ 1 " \ l‘m. N - .' ' -,4) 'k. \ -----\._,T16-j 1 ' .614 ...,' rj. 9 1. 1% \ (i) m � _ \ rfS o cli h-,,\ \ . III 1 ________\---___---- „, \ .4 CO ti el? ..."--L\ Ili . !O , i? � �sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ACC PROPERTY SOLUTIONS, INC. [Applicant & Property Owner] Conditional Change of Zoning (A-12 Apartment to Conditional R-5S Residential) at the property located at 1602 Cypress Avenue (GPIN 2417963284), COUNCIL DISTRICT — BEACH. MEETING DATE: April 17, 2018 • Background: The 2,117 square-foot property is developed with a single-family dwelling that was constructed in 1939. As the property is currently zoned A-12 Apartment District, the single-family dwelling is a legally non-conforming use that is not permitted in the Apartment District. The applicant desires to redevelop the property with a single-family dwelling. As such, a Conditional Rezoning from A-12 Apartment District to Conditional R-5S Residential District is requested. A three-story dwelling with a side-loading garage is proposed, largely within the footprint of the existing structure. The submitted elevations depict primary exterior building materials of cement fiber board and vinyl siding. • Considerations: While the proposed structure will encroach into the front and side yard setbacks, as does the existing structure, it will do so to a lesser extent. Multiple deviations are sought with this request in regards to front and side yard setbacks, and the minimum lot area requirement of 5,000 square feet. Section 107 (i) states that City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback and minimum lot area requirements. Given the constraints of this site, Staff supports these deviation requests. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. Since the Planning Commission meeting, Staff received a phone call from an agent of the adjacent property owner who noted concerns with the proposed height of the 2.5-story dwelling and their perception that zoning regulations are not uniformly applied. ACC Property Solutions, Inc. 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 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. -rt • -nttAgency: Planning Department City Manager: Applicant & Property Owner ACC Property Solutions, Inc.AB Agenda Item Public Hearing March 14, 2018 City Council Election District Beach 7 Virginia Beach Request Conditional Rezoning (A-12 to Conditional R- 5S) 164 2,09"'t s 2.64 X I \ T. Staff Recommendation m , Approval \ 19„X,`6 15an Svt t \ ,T 8670 dB ONL Staff Planner It j [h ap�VNa(d t Jimmy McNamara �,.a,^°"� - ,ba„sve'' 7075 58 gni I �.,.eis 15, Sutci Location 1 1602 Cypress Avenue 'S` w,at R �� eta d cin, GPIN qN j4�SV t[l , 2417963284 Site Size >75 JE CN_ m j,,,S4te` 2,200 square feet 1:1b54"` a,kt.o�e 4 P22 AICUZ 70-75 dB DNL Watershed Atlantic Ocean , Existing Land Use and Zoning District - Single-family dwelling/A-12 Apartment ;. ' Surrounding Land Uses and Zoning Districts North Single-family dwelling/A-12 Apartment South t � - �� Single-family dwelling/A-12 Apartment t _ East Cypress Avenue 16t s"" Apartments/ RT-3 Resort Tourist West Single-family dwelling/A-12 Apartment ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 1 Background and Summary of Proposal • The 2,117 square-foot property is developed with a single-family dwelling that was constructed in 1939. As the property is currently zoned A-12 Apartment District, the single-family dwelling is a legally non-conforming use that is not permitted in the Apartment Districts. • The applicant desires to redevelop the property with a single-family dwelling. As such, a Conditional Rezoning from A-12 Apartment District to Conditional R-5S Residential District is requested. • A three-story dwelling with a side-loading garage is proposed, largely within the footprint of the existing structure. The submitted elevations depicts primary exterior building materials of cement fiber board and vinyl siding. • While the proposed structure will encroach into the front and side yard setbacks, as does the existing structure, it will do so to a lesser extent.The existing building is less than one foot from the side yard setback, and the new dwelling is proposed to be three feet from the side yard setback and the front porch will be as close as 0.6 feet from the property line. As such, the applicant is requesting deviations to the side and front yard setbacks. • The proposed site layout also depicts the removal of an existing shed.The site is currently over the maximum allowed lot coverage of 40%. The redevelopment of the site represents a reduction in lot coverage to 35%, which is consistent with the requirements of the R-5S Residential District. OR sss Fo� RT3 •1 70-76 No Zoning History to Report • Ax36 R-55 R 5D _ SD Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 2 Evaluation and Recommendation The site's small size presents multiple challenges in regards to redevelopment. In Staffs opinion, redeveloping the site with anything other than a single-family dwelling is nearly impossible. In addition,the property is surrounded by several legal, non-conforming single-family dwellings that have existed along the west side of Cypress Avenue for nearly 80 years. Multiple deviations are sought with this request in regards to front and side yard setbacks, and the minimum lot area requirement of 5,000 square feet. Section 107 (i)states that City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback and minimum lot area requirements. Given the constraints of this site,Staff supports these deviation requests. The proposed rezoning will permit a single-family dwelling to occupy the site, which will be more in line with the existing residential structures on the west side of Cypress Avenue. Likewise,as the site is located in the 70-75 noise zone, rezoning the property from A-12 Apartment District, which does allow a duplex with two dwelling units,to Conditional R-5S for one dwelling unit is a desirable outcome in regards to compliance with Section 1800 of the Zoning Ordinance. It is Staffs opinion that the proposed request to rezone the property to R-5S Residential District, in order to redevelop the site with a single-family dwelling, is acceptable. Staff recommends approval of the request subject to the submitted proffers. 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 the Property is redeveloped, it shall be improved and the dwelling shall be located substantially as shown on the exhibit entitled "CONDITIONAL REZONING EXHIBIT OF LOT B", as shown on the plat "PROPERTY OF ROY S.WHITEHURST (M.B. 16 P. 23),Virginia Beach,Virginia"September 25, 2017 For:ACC Property Solutions, Inc., prepared by DKT Associates, revised 1-31-2018,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural design of the home depicted on the Site Plan will be as depicted on the exhibit entitled, "1602 CYPRESS AVENUE", prepared by J. Smith Designs, dated 11-14-17, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: Further conditions may be required by the Grantee during Subdivision Plan 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 listed above are acceptable, as they represent a development that is consistent and compatible with the surrounding properties. ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The RASAP calls for a mixture of compatible resort and year-round uses as well as improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Natural and Cultural Resources Impacts This site is located within the Atlantic Ocean watershed. As the site is currently developed with a single-family dwelling, there are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Cypress Avenue No Data Available Existing Land Use 2-10 ADT1 Proposed Land Use 2-10 ADTe lAverage Daily Trips 2 as defined by a single- family dwelling Public Utility Impacts Water The site is currently connected to City water. There is an existing eight-inch City water main in Cypress Avenue. Sewer The site is currently connected to City sewer. There is an existing eight-inch City gravity sanitary sewer main in Cypress Avenue. ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 4 Existing Site Layout Pm's(9 0.8' N 13'911"30'W 37.00• 0.4' b'wood 0.3' r0'T 4 F..x x— x x x x -- x _".x-.. x t x x — x — 7 -- x I'IPe CO x 1 h 12.3' 1.0. -1,,. -1 1.3' I A Lt ^° r f"-aav s rnrorhon9 ,� I i', kkjr a1lon 4.Wire I t�rri i, 11 i K 1 L-- 12.3 0.9' a - I ' . 14' sS concrete on bre K ,� 14A' 1 I cavnrhang or!inn 6'wood x merit B 0.8' -" 11,5' i 2220 SF , 0 0510 AC _ M C A t t 9 Existing Dwelling • i 6 b Y Irt Y-11(4)i s a I I rt E .l 0.8-foot i't' ' ' 44' • setback f • 114 14.3' 0.6-foot E ' oo' (F) I a 13-60.15-E 37.00' setback .f.:' ii'wrePwq 3S.- 1 frth Sorel 0 8� 0.b` Nal(F' r 1°0' CYPRESS AVENUE 001 (Inst.0 20120402000356030) Edge of Pavement 4 PP ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 5 Proposed Site Layout 17 P (F) Q'7' N 13-50.35"W 37.00' G.wood 02 0.9' �t�' 5� (may A x — x x }, e x x x ! x Y. - ?, .1. 1 k - - 1F K B V 12.3�V . 10• €; N 1.1'2, 220 SF ; f exerting x 0.0510 AC i _ frame shed 1 I : no foundatcrt a *•-ssve atrerhsng lc Ias �, , 4,m. I i°' ' (1O BE RC.MOVED) ',, x : C-- 12..r 0.8' 1 • ' z - . • —I 1.1' f s. , e ,►aanc - concrete on rto e 23.Ei' ' 1 overt-tong Me on n 1 r it 1 0.8. 6'wood 0.T , 1 - - 30' I 14.G11' - 103 - 036 PROPOSECI ; CONCRET E' ADDITION II C 61 ifti A C , , m w 41 6 �, al, Proposed Dwelling :, m i as iI o r C ! tit b wteo4 Q n 3-foot ``'.0' 1' setback f—o c.a. I- 10.3' r 23 7E; � - ,' ` PO (F) �4.4-foot i � I '- 0.8-foot - g-- ..—.-:-P: setback to a' ' s 13'SC'35 F 37-00o.a' setback "--0.1' �- 3Q,QC'In uaii F) - 16th Street (Front Facade) 'RESS AVENUE (60'; (Porch) ; Ti, ,Ins:. # 20120402000356030) PP t .uphalt ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 6 Proposed Elevations 1 ' ' II' I :it 11 f.... ,....:: Z 0 sues I ague i::v. P •III II• I 88•1• < •••• r• MP•2 •MO ] > WI .-.., •',... . . .., a - • - OS ..-----.- SO OS ON :Ian 0 .. • •• , -• a slams I .....,..„4 , Cr— — 1 .-. '. 0 E 0 ce C F.— ce: r•-, ......- LU 7. _:- . ii;1: '' SG OS •Seam •••• s*mei ::ii; ' ,1 rim 44111•1111411= a .4.411 ,....• al•iiil I Illii MN .-........•.........* , I s •tei • n 1 ..- easel ••••I . II' lial :.- • .111.1111 a::1 .m meows P :;4;.• i ;14.4 IV' ...M% _........_,..„ • •• > •1. :4/ ...-. L., 111111 ______,... r 41 '••ON i anus L.1 Hill I Hill ,.... u.1 ....i 0 , nit nig , ....1 . ...... .ff tz: ma mom 1 I MN NM ••e• 614 ,' I;• t.: - i — . ••alb OD•• f •--, , . ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 7 Site Photos I. . .. t'. .,\',4,..S.;' .:'..,..;;;."4 4# , * li.e..„" " ;•'•4 '. A'....„.„;;:"4.: .Lr, `4l.' • 4 +sir- #H r t• � v ' t jf .r-- _.,� Sc a ---.-i -a-az+m+ •„,.......' ,rte--. • ----,—....==,:...... ` 1. r fil .... aim l a he l'i .i� a i• y.. f �� `1 ti .-,A .,_- rp� �i e aif ;; Alm.:` �t xwiA 1i• v % ! 4tfr - µ a MI ill 11111.11111111 F:i= - y 1, _--_ '..,' —-2 ' 7.4111 -?..,--- ' - ' *nligw-7--. 1 i ill-,,,,---.,=.!-, -- 'i.::: ''''' '41'7" :-- ' r k . `.1 i' • '..::mow, - 1,":":.•'' .:.. ,. ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 8 Disclosure Statement 1VB Virginia Beach APPLICANT'S NAME ACC Property Solutions, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to an, Page 1 of 7 Piannino Commission and City Council meeting that pertains to the application(s) o PLICANT NOTIFIED OF HEARING DATE ❑ CHANGES AS OF DATE iv/ i g Jimmy McNamara O JISIONS SUBMITTED DATE ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 9 Disclosure Statement NIB Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:ACC Property Solutions, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Michael Lathrop, Officer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names. Page 2 of 7 ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 10 Disclosure Statement V 3 Virginia Beaute If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 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 ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 11 Disclosure Statement APPLICANT Yuginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ® Accounting and/or preparer of your tax return X [1 Architect/Landscape Architect/ J.Smith Designs Land Planner C Contract Purchaser(if other than U the Apolkant)-Identify purchaser and purchaser's service providers J Any other pending or proposed Z. purchaser of the subject property (identify purchaser(s)and purchaser's service providers) C mr Construction Contractors Engineers/Surveyors/Agents DKr Associates Financing(include current C T mortgage holders and lenders W. selected or being considered to provide financing for acquisition or construction of the property) lC Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / rij Agents/Realtors for current and I 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 ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 12 Disclosure Statement .f 7rJ 4 `� Virginia Beach I CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. BCC Property Solutions,Inc. Michael Lathrop, Officer __ APPLICANT'S .•TU•• PRINT NAME DATE Cu ,.' .� Mr 4' t17N2c gal Page 5 of 7 ACC Property Solutions, Inc., a Virginia Corporation Agenda Item 7 Page 13 Item#7 ACC Property Solutions, Inc. Conditional Rezoning(A-12 to Conditional to R-5S) 1602 Cypress Avenue District—Beach March 14, 2018 CONSENT Mrs. Oliver: Thank you. The next matter is agenda item number 7, and this is an application of ACC Property Solutions, Inc. as an applicant and the property owner for Conditional Rezoning A-12 to Conditional R-5S on property located at 1602 Cypress Avenue located in the Beach District. Eddie Bourdon: Thank you Madam Vice Chair, Chairman, members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney representing the applicant. This is actually a Conditional Rezoning to down zone and we appreciate the efforts of Mr. Kemp so unusual circumstances present here and Mr. McNamara it is well appreciated being on the consent agenda. Mrs. Oliver: Thank you, Is there any opposition to this being placed on the consent agenda? Hearing none, the chairman is asked Commissioner Ripley to read this into the record. Mr. Ripley: As you heard, this is located on 1602 Cypress Avenue, it is a down zoning from A- 12 to R-5S, the property is currently improved, it is a very little small piece of land, and it's only 37 x 60 and it's improved with an older house that has been there for almost 80 years and this is not in really good condition and this is really a nice addition to the neighborhood and the single family house is being offered to go back. The current size of the site is only 2,200 square feet, the applicant needs front yard side yards and minimal lot, some variances in those areas and we felt there was very appropriate buildings have been pulled close to the road, but actually it has got little better setback near the existing building and the side yards are little better than they were on the older building, but it's by far are very nice development because this is a two and a half story,heard somebody described it is a three story,but it really looks like to me a two and a half story wood-frame building that's compatible to neighborhood, nice addition, Staff recommends approval, Planning Commission felt that it ought to be put on Consent. 1 A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 7. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 2 e �4GA�1'. F'4C $ � ~ CITY OF VIRGINIA BEACH *,!,- -4.,..;' `i-7.-):i: INTER-OFFICE CORRESPONDENCE r= S 4-x-OF OUR NPS�ON In Reply Refer To Our File No. DF-10049 DATE: April 6, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson - DEPT: City Attorney RE: Conditional Zoning Application; ACC Property Solutions, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 17, 2018. I have reviewed the subject proffer agreement, dated February 1, 2018 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 ACC PROPERTY SOLUTIONS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1st day of February, 2018, by and between ACC PROPERTY SOLUTIONS, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 2200 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional R- 5S Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 2417-96-3284-0000 PREPARED BY: B SYK£S, BOURDON, Prepared by: 1. AII£RN&LEVY,P.C. R. Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE, the Grantor, its successors,personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved and the dwelling shall be located substantially as shown on the exhibit entitled "CONDITIONAL REZONING EXHIBIT OF LOT B", as shown on the plat "PROPERTY OF ROY S. WHITEHURST (M.B. 16 P. 23), Virginia Beach, Virginia" September 25, 2017 For: ACC Property Solutions, Inc., prepared by DKT Associates, revised 1-31-2018, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the home depicted on the Site Plan will be as depicted on the exhibit entitled,"1602 CYPRESS AVENUE", prepared by J. Smith Designs, dated 11-14-17, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. PREPARED BY: B SYIU S.BOURDON, All references hereinabove to R-5S District and to the requirements and regulations AIIERN&LEVY.P.C. applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision 2 Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; PREPARED BY: (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to affl SYKES,POURDON, these provisions,the Grantor shall petition the governing body for the review thereof prior TERN&LEVY,P.C. to instituting proceedings in court; and 3 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. PREPARED BY: . : SYKES.POURDON. MU ARERN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: ACC Property Solutions, Inc., a Virginia corporation By: (SEAL) Michael Lathr sit, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 2nd day of February, 2018, by Michael Lathrop, President of ACC Property Solutions, Inc., a Virginia corporation, Grantor. 4l'-)&:".41 —?711 Veg Notary Public My Commission Expires: August 31, 2018 ••�6 P►N1Tq 9•. Notary Registration Number: 192628 .�', ��•; Ilit) • 411144P :e. a PREPARED BY: Ski B SYIC£S.110U0ON, - AII£RN&LEVY.P.C. 5 EXHIBIT "A" All that certain lot, piece or parcel of land, with the buildings and improvements thereon, now or formerly numbered 1602 Cypress Avenue, in the City of Virginia Beach, Virginia and designated on the plat entitled, PROPERTY OF ROY S.WHITEHURST AT VIRGINIA BEACH", and recorded in the aforesaid Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 16, at Page 23, as Lot "B, said lot being more particularly described as follows: Beginning at a pin on the western side of Cypress Avenue in the northerly direction 35 feet from the northwestern intersection of Cypress Avenue and 16th Street and running thence westerly and parallel with 16th Street 6o feet to a pin; thence northerly and parallel with 16th Street to a pin on the western line of Cypress Avenue 37 feet to a pin; to the Point of Beginning. GPIN: 2417-96-3284-0000 H:\AM\Conditional Rezoning\ACC Property Solutions\Proffer Agreement.docx PREPARED BY: RIM SYIC£S.I OURDON. MI AII£RN&LEVY.P.C. 6 L 6 L_ __I ....../ ne 7 Yaw 1 / if a ti / i._ j / /•/ 'I' L.) - J.-, "), .......... /// I ,, / I / ?r-----7 il I / I xi. 1 !q• / i / . I ---, / c 1/1 / I ---------7 , I . if I -,_,_ -^--____ / / .---'‘.,........, If t / I 4.. / I A 1-------3/ 1 N II s,- /, / \-..— . i -______ L______/ co , i „.„. ..,_ ______ 0---ric,,,,___ 7 , r i 1/ . 1 , , . 1 , ( /,1 N- -------- ; il ,1 i il 41" •gik' ,._.... Ass' S " Nv.----------,- -- ,-----tt t") ..... ,...- ...-- 1i 1 IN . Niikk , 1 .\\. ----- - 1 1 i‘ ". . . „4.4 f-_,- ,_,---- ,_.,,,------ • ai, \ 0, 1 \s ._,,,,,_... ve.7.,_ . • \---\4to, .-,--/-0-4-"-- 11_,--- -' <,} ,-----10a---- - ' i 1/ it < , .. . „ I .----- . - \ ,-- ; ---... I 1 61 , .., 1 ii. / .- -, I , i • i 1 1 1 1 It elit„ I ill 11 1 1 1 ------ LI L ° \\ 1 , 1 i ...... ,..\ \ \ „ \ • _ _ • _ _ _ _ - Qdt fir �"•,:"• 1(171 f;1 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: EVERGREEN VIRGINIA, LLC [Applicant & Property Owner] Conditional Use Permit (Car Wash Facility) Modification of Conditions (Conditional Use Permits for Motor Vehicles Sales, Rentals & Repair) at the properties located at 240 & 248 N. Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard (GPINs 1497358365, 1497357774, 1497358684 & 1497356822). COUNCIL DISTRICT — BEACH. MEETING DATE: April 17, 2018 • Background: The subject 2.07 acre site currently exists as an auto dealership on three parcels all under the same ownership. A Conditional Use Permit for a Motor Vehicle Repair, now known as an Automobile Repair Garage, was approved in 1971 on the parcel for the dealership. The applicant requests a Conditional Use Permit for a Car Wash Facility as well as a Modification to the existing Conditional Use Permit for Motor Vehicles Sales, Rentals and Repair in order to remodel and expand the auto repair garage. The applicant recently purchased the adjacent 21,051 square-foot site with the intent of incorporating the property into the auto dealership. The submitted site layout depicts an expansion to the auto repair building, and a car wash facility, which will not be open to the general public. The 14 parking spaces depicted on the plan are sufficient to address the minimum parking requirements for the existing and proposed uses. The submitted elevations depict a one-story 3,453 square-foot auto repair garage and car wash building. The 25-foot tall structure is proposed with five service bays. Exterior building materials include split-face CMU painted white and a black metal fascia to match the existing adjacent auto repair garage. • Considerations: While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use, non-residential projects, the proposal is compatible with the existing auto-centric uses in the immediate vicinity. The building is designed with finishes that complement the adjacent building and surrounding area. Evergreen Virginia, LLC Page 2 of 3 Due to the presence of residential dwellings along N. Lynnhaven Road, a condition has been recommended prohibiting outside paging or amplified music system and that outdoor lighting be deflected away from the nearby residential properties. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The development and landscape of the site shall substantially conform to the submitted layout entitled "Conceptual Site Plan Checkered Flag Building/Parking Lot Expansion 2865 Virginia Beach Blvd. Virginia Beach, Virginia" prepared by VHB, dated 12/22/2017 as depicted on page 6 of this report. Said site plan has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the "Prep Building Addition for Checkered Flag 2865 Virginia Beach Boulevard, Virginia Beach, VA 23452" prepared by Covington Hendrix Anderson, dated 01/02/2018 as depicted on page 7 of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. Vehicles shall not be displayed on platforms or in any method that elevates them above the parking lot surface. 4. All motor vehicle repairs and painting shall take place inside the building. 5. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials shall be permitted. 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. No outside paging or amplified music system shall be permitted. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from nearby residential property. Any outdoor lighting fixture located on the property shall not be erected any higher than 14 feet. A photometric plan shall be submitted and approved prior to the approval of the site plan. Evergreen Virginia, LLC Page 3of3 9. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 10. Use of the car wash facility by the general public shall not be permitted. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm: + , ;ency: Planning Department C City Managerek Applicant& Property Owner Evergreen Virginia, LLC Agenda Item Public Hearing March 14, 2018 i City Council Election District Beach Virginia Beach 2 Request i Conditional Use Permit(Car Wash Facility) y„ a . � _ �' Modification of Conditions (Conditional Use Permits c,,_ hr " ft it. approved by City Council on 1971, 1987, 1989, & 1997 ,.' 14 't d4.4. �'� Pa a o f *ea, for Motor Vehicles Sales, Rentals & Repair) 9, 9, •:.•.` �/ ) n'`e xh B. levada • q Td`4diq`' .,r Staff Recommendation SiniaB 70.75 dBDNt a r LliiIt Approval 4. / A, °*- .. 4 1 75(12,DNL Ct, Haven Road Staff PlannerPinawood0rive Lv nnr mve,Drivc Place ,� bio^ Southern Boulev Robert Davis a. ." i 7 Dean Drive 9c 9, 9,, a �'7 An wl Lane a'GR P'' �A. 1 4p Location q,% P' 240 & 248 N. Lynnhaven Road, 2865 & 2893 Virginia 4_ �1,. ^ G: 1 APZ1 Beach Boulevard GPINs 1497358365, 1497357774, 1497358684, 1497356822 Site Size 2.07 acres AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District - - , - - -Single-family dwelling/ B-2 Community Business Surrounding La::l: rr:::i Zoning Districts h . • .,4 p : - 414 : :' orvehiclesr/ B-2 Community " ,,% * _,.i w #, ; A,— Business 4t, ".11, %..-f! . p• ifr South ' a Y ' "� '� N. Lynnhaven Road , w 7, \ ,� ; -'�` r 4 Single-family dwellings/ R-10 Residential • - ;4' 4'a1'!, East4. .,`•"', A1� A - 4'4-- Mixed '4 Yorktown Avenue �� . Mixed retail/ B-2 Community Business e ' '''''' IiiH* West , L ! r , _ N. Lynnhaven Road j I 1 '' A Y Single-family dwellings, mixed retail/ R-10 Residential, B-1A Limited Community Business Evergreen Virginia, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant recently purchased the nearly 21,051 square-foot site with the intent of incorporating the property into the adjacent auto dealership. Specifically, the existing single-family dwelling on the site will be removed and the property will be used for the repair of vehicles related to the applicant's auto sales business. • Along with the proposed auto repair operation, a car wash facility and parking lot are also planned on the site. • The applicant is requesting a modification to the 1971 Conditional Use Permit for Motor Vehicle Repair, now known as an Automobile Repair Garage, in order to service the dealership's customers as well as the general public. • The applicant is also requesting a Conditional Use Permit to add a Car Wash Facility as part of the building expansion. Use of the car wash facility will be limited to service customers and will not be open to the general public. • The submitted site plan depicts an expansion to the adjacent existing building that will result in a 6,757 square- foot auto repair garage. The site layout also depicts the required street frontage and foundation landscaping. • The 14 parking spaces depicted on the proposed site layout are sufficient to address the minimum parking requirements for the existing and proposed uses. • The submitted elevations depict a one-story 3,453 square-foot auto repair garage and car wash building. The 25- foot tall structure is proposed with five service bays. Exterior building materials include split-face CMU painted white and a black metal fascia to match the existing adjacent auto repair garage. • According to the applicant,the stormwater strategy includes the use of bioretention, perhaps coupled with the installation of permeable pavement. • The property line of the subject site will be vacated allowing the parcel to be consolidated into the adjacent parcel. Evergreen Virginia, LLC Agenda Item 2 Page 2 11,91nra Bea \. y; _ _ "'eowey tl Zoning gHistory ril i�%/�, # Re uest Lo4/" ! 1 CZR(B-2 Community Business& R-10 Residential to 'II` e ,' I--- —( Conditional B-1A Limited Community)Approved =-1 A •� ��. �� 02/27/2007 o °e•, If*, 3, 2 CUP(Motor Vehicle Sales)Approved 07/09/1997 i/�v p 3 CUP(Gas and Car Wash)Approved 05/29/1990 c . 0 `', ;! )! ,r,-,.4 4 CUP(Motor Vehicle Sales)Approve 09/18/1989 * (' \ �� _ 5 CUP(Motor Vehicle Sales and Rental)Approved Y +�! 12/14/1987 *� •��_- �'t' J 6 RZ(CL-1 Limited Commercial to CG-1 General �, .. c; ,L+. Commercial)Approved 12/20/1971 / CUP(Motor Vehicle Sales and Service)Approved c\ \ � • � 12/20/1971 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 The proposed request for a Modification of Conditions for Motor Vehicle Service (Automobile Repair Garage) and a Conditional Use Permit for a Car Wash Facility are, in Staff's opinion, acceptable uses given the predominance of auto- centric uses in the immediate vicinity, and that the adjacent parcel is an automobile sales operation. Although these uses are not specifically consistent with the vision set forth in the Lynnhaven SGA Plan, Staff believes these interim uses are acceptable, as there will be minimal investment in the site's redevelopment.The building is designed with finishes that complement the adjacent building and surrounding area. For the reasons stated above, Staff recommends approval of this request, subject to the conditions below. The Conditional Use Permits for Motor Vehicle Sales, Rentals and Service that were approved for this site in 1971, 1987, 1989, and 1997,will be deleted and replaced with the recommended conditions below. Recommended Conditions The conditions of the 1971, 1987, 1989, and 1997 Conditional Use Permits for Motor Vehicle Sales and Repair will be deleted and replaced with the conditions below. 1. The development and landscape of the site shall substantially conform to the submitted layout entitled "Conceptual Site Plan Checkered Flag Building/Parking Lot Expansion 2865 Virginia Beach Blvd. Virginia Beach, Virginia" prepared by VHB, dated 12/22/2017 as depicted on page 6 of this report. Said site plan has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the "Prep Building Addition for Checkered Flag 2865 Virginia Beach Boulevard, Virginia Beach,VA 23452" prepared by Covington Hendrix Anderson, dated 01/02/2018 as depicted on page 7 of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. Evergreen Virginia, LLC Agenda Item 2 Page 3 3. Vehicles shall not be displayed on platforms or in any method that elevates them above the parking lot surface. 4. All motor vehicle repairs and painting shall take place inside the building. 5. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials shall be permitted. 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. No outside paging or amplified music system shall be permitted. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from nearby residential property. Any outdoor lighting fixture located on the property shall not be erected any higher than 14 feet. A photometric plan shall be submitted and approved prior to the approval of the site plan. 9. There shall be no decorative pennants, strings of light bulbs, spinners,feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 10. Use of the car wash facility by the general public shall not be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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 site is located within the non-residential mixed-use development area of the Lynnhaven Strategic Growth Area (SGA).The vision for this area is a range of non-residential uses consisting of office and supporting retail that includes existing uses, which over time can be better organized to support the urban character goals of the City's SGAs. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and outside of the Chesapeake Bay Resource Protection Area. There does not appear to be any significant cultural resources associated with the site. Evergreen Virginia, LLC Agenda Item 2 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Yorktown Avenue No Data Available 6,200 ADTi) (LOS4"C") 2 9 ,900 ADT (LOS "D") Existing Land Use —10 ADT Proposed Land Use 3-112 ADT N. Lynnhaven Road 11,416 ADT 1 31,700 ADT 1(LOS 4"E") 'Average Daily Trips 2as defined by a single- 3 as defined by 3,453 square-foot auto 4 LOS=Level of Service family dwelling garage building Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Evergreen Virginia, LLC Agenda Item 2 Page 5 Proposed Site Layout J. .N,, 3.r NX frur0.104 tf;r' O w.a ewe_- ,•4 'oY'`2 13 I a_A6�tA \ as Kam4 ammo \1/4 y 1: ?. ls.b 4 ` N" ,\:1.7 x. i' � � o �►. \\tto \ (4,0,i,. ,. _.„,c• , \,.„„,...&illb____ __________ . %,./ .37 i ss IS ', r INICONA \ ' ,, 404ti, tili 0 . ---_,_,... ami.,,,. gil Ilk Alla Aft. It* --tray ,,..v-.(' 3.wil a�C✓tI4,,I,A lir_=,.---. \ _ �. 1 1 \ fO lim ..u:au..c A.wr Wiwi¢w.. \ s wow. , 411:111111 MEW NORTH L}NNH.1{'EN ROA D Evergreen Virginia, LLC Agenda Item 2 Page 6 Proposed Elevations EXISTING NEW BUILDING AODIiICS D0'-3. • t0'-0i t0'-0• LO'-0• t0'-0• t0"-0• t0 t0'-0' t0"-0' 1.1 .1. t7'-G' EOJP. STORAGE SERVICE I BAYS I { 2 I 3 4 I 5 6 7 8 CONPR. CAR 11 I I ROOM WAS. e'8� ra, I I €g N�_II EL.,F a I I STORAGE EALER; 1 EYE* JAN 1 j 9 i' 10 t'. PREP 1 PREP 2 N • _EWC I _ 20'-u 7/8• 17-J• FLOORSCALEAS PLAN I AREA Of NEW AMMON T MK 0'AYE Aeormommos mommusimum, '7,0+.114.11 FR�NT ELEVATION cN1 ,N0 ADJ CEN, To NK'S \` #oto oVERNEAo INSULATED $CAI 1$'='N1 —E%ISL�NC ADJACENT BV'LD�NGS(!v%*) —SECTONAL.DOORS(T'RICAI) — aw- . - • T EIOTITG 0'AFF ..... =- III• I _ i r REAR ELEVATION 1Ct_E t Evergreen Virginia, LLC Agenda Item 2 Page 7 Proposed Elevations .. s a • �Hj,, +15-0" A.F.F. TDP OF COPMIC *. +1.01;-.0E- 1 -0" A.F.F. ='. TOP OvERHEnD DOOR FINISH FLOOR LEFT SIDE ELEVATION SCALE. lig=1'-0 7 r x 11F T .` +10'-0" A.F.F. TOP OF COPING +10`-0" A.F.F. TOP OF OVERHEAD DOOR 00„ FINISH FLOOR RIGHT SIDE ELEVATION SCALE- I/8"-1'-0' PREF BURDiNG ADDmoN FOR CHECKERED FLAG 7545 VIRGN.A BEACH SOULE,ARO VIRG=`M BEACH.VA 25.52 Evergreen Virginia, LLC Agenda Item 2 Page 8 Site Photos 4 ' ' 31k t. , .. t, k - - - •, -, 410 .4. 110 if 14 • r 111 • 1. ..{, r / 'C 1 4 i 't"� / < ys1 • x i i I* '� e, 1• _b' P Ci' ZP l Ma s. 4,4-7'4,0 l ` i ill : 1* m _ 1 'i14 `J .�� : ,. ' 4 Parcel Requested , "• for Expansion of 4 � ` Auto Repair, Car 'r. • 1 x• Wash Facility, and 1, �' - Parking Lot i a j '.....,•; lAr: '"'''' 0 i io a ,,k. i $ = �c r , s. V 4: a 111111r""'.°61 . I..4air - w T..._ y 11 �fir 1 irlilat4 joitionium f FM ._, _. r res Existing Garage on Adjacent Parcel Evergreen Virginia, LLC Agenda Item 2 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Evergreen Virginia, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to:. Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicauorx) • APPLICANT NOT IFIED OF HEARING 9-q Q NO CHANGES AS OF 7^i g Robert A.Davis Kta REVISIONS SUBMITTED Evergreen Virginia, LLC Agenda Item 2 Page 10 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. A Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Evergreen Virginia, LLC If an LLC, list all member's names: Stephen Snyder Edward B. Snyder if a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary .' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. fl 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 Evergreen Virginia, LLC Agenda Item 2 Page 11 Disclosure Statement I3 APPLICANT 3ni!l, YES NO SERVICE PROVIDER(use additional sheets if needed) ri ig Accounting and/or preparer of your tax return 17 l l Architect/ Landscape Architect/ Covington/Hendrix t I Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ l xpurchaser of the subject property i'N (identify purchasers)and purchaser's service providers) ElIBJ -Construction Contractors unkown EEngineers/Surveyors/Agents VHB Financing (include current 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑� 0 Legal Services Billy Garrington GPC Real Estate Brokers / El z 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 Evergreen Virginia, LLC Agenda Item 2 Page 12 Disclosure Statement 111/4143 Virginia Beach. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. •lic. ••n. - 11,3111 APPLICANT'S ST ATURE PRINT NAME j DATE - i Page 5 of 7 Evergreen Virginia, LLC Agenda Item 2 Page 13 Item#2 Evergreen Virginia, LLC Conditional Use Permit (Car Wash Facility) Modification of Conditions (Motor Vehicle Sales and Automobile Repair Establishment) 240 & 248 N. Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard District—Beach March 14, 2018 CONSENT Mrs. Oliver: Thank you, the next matter is agenda item number 2, this is an application of Evergreen Virginia LLC as the applicant and the property owner for a Modification of Conditions and a Conditional Use Permit for a car wash on property located at 240 and 248 North Lynnhaven Road and 2865 & 2893 Virginia Beach Boulevard in the Beach district. Billy Garrington: Thank you Chairman Thornton, Ladies and gentleman of the Planning Commission. For the record I'm Billy Garrington, on behalf of the applicant Evergreen Virginia LLC. I think there are ten conditions that are attached with this Conditional Use Permit request. We are in total agreement with those conditions and we thank the staff for putting this on consent. Mrs. Oliver: Great, thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman is asked Commissioner Inman to read this into the record. Mr. Inman: Thank you Mrs. Oliver. This is a, as stated before, this is a Conditional Use Permit request and a Modification of Conditions and it has to do with property that's immediately adjacent to the Checkered Flag Operation and faces Virginia Beach Boulevard on the corner of Lynnhaven Road. They acquired this property behind them, which is sort of triangular piece of property with 2 acres. Surrounding uses are on one side some office use and another side some residential use across Lynnhaven Road. At this point, it's already zoned properly for this type of use, so these conditions that will be placed on this. Because of its proximity in part to the residential use the ten conditions include that all repairs and painting have to take place inside the building, and car washing, of course, inside of the car wash facility, no tires or merchandise can be displayed on the outside, no outside paging, and outdoor lighting will be shielded and restricted to 14 feet in height and no decorative pennants and lighting. So these are the conditions. For those reasons we put it on the Consent Agenda. CONDITIONS The conditions of the 1971, 1987, 1989, and 1997 Conditional Use Permits for Motor Vehicle Sales and Repair will be deleted and replaced with the conditions below. 1 1. The development and landscape of the site shall substantially conform to the submitted layout entitled "Conceptual Site Plan Checkered Flag Building/Parking Lot Expansion 2865 Virginia Beach Blvd. Virginia Beach, Virginia"prepared by VHB, dated 12/22/2017 as depicted on page 6 of this report. Said site plan has been exhibited to the Virginia Beach City Council and are on file with the Depailment of Planning and Community Development. 2. Architectural design and colors shall conform with the "Prep Building Addition for Checkered Flag 2865 Virginia Beach Boulevard, Virginia Beach, VA 23452"prepared by Covington Hendrix Anderson, dated 01/02/2018 as depicted on page 7 of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. Vehicles shall not be displayed on platforms or in any method that elevates them above the parking lot surface. 4. All motor vehicle repairs and painting shall take place inside the building. 5. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials shall be permitted. 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. No outside paging or amplified music system shall be permitted. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from nearby residential property. Any outdoor lighting fixture located on the property shall not be erected any higher than 14 feet. A photometric plan shall be submitted and approved prior to the approval of the site plan. 9. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 10. Use of the car wash facility by the general public shall not be permitted. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 2. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 3 , . ,, ,, _ s, , , , , , , , ___ \\, l)WILL° it Vpi \dd. \ Ce 2 \ LE.-- -- ., . -- - -------- '• .__,---------- \ \ CNI xi- T- I .------ ., ------ st( ,----"...-"- ; ----------/ ,------- �l:C CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: KAY F. STANLEY [Applicant] HENRY W. & KAY F. STANLEY [Owners] Conditional Use Permit (Home Occupation-Commercial Kitchen) 312 Indian Avenue (GPINS 2417819914, 2417828090) COUNCIL DISTRICT — BEACH MEETING DATE: April 17, 2018 • Background: The applicant is proposing to operate a commercial kitchen within an attached garage for the preparation of food products. The commercial kitchen will be approximately 400 square feet and will include three sinks, a stove, a refrigerator, and a work table for the production of canned food. The applicant and her daughter will be the sole operators of the kitchen. • Considerations: All products will be sold offsite at farmers' markets and local grocery stores. No onsite sales will occur at the residence. This proposed use is not expected to have any negative impacts to the surrounding properties nor to the neighborhood as a whole. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. Kay F. Stanley Page 2 of 2 3. There shall be no retail sales of any products or merchandise to the general public from the site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. - - - a ency: Planning Department C City Manager: Applicant Kay F. Stanley Agenda Item Property Owners Henry W. & Kay F. Stanley Public Hearing March 14, 2018 (-two City Council Election District Beach Virginia Beach Request Conditional Use Permit (Home Occupation- Commercial Kitchen) int ` ujtistRet ri p.uewoodD...e > E. Norton,Avenue 59t1 (goy p,dee(our t 9°"''et 1 65.'0. Staff Recommendation ror F'ak �n,ret, 1 f Approval ,Y1.4 . "e." tFi c.oyW F F � ^'weNee F r n : s.,,,..- 3 Staff Planner - heeeere Orme f CNI" rt Marchelle Coleman . Gannet Run CVy `°"v'''''^'' Goon LerMlnt G a ,0 7;LId OW: n Location >75 dB DNL .022 `� a^,1.ob Ave^ye 312 Indian Avenue G, �''`°roA�n nue GPINs mono.'"l K a 2417819914, 2417828090 c`"``'.e`u� <� r °o Site Size I $ a 11,280 square feet ° AICUZ �i j Greater than 75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling / R-5S Residential Surrounding Land Uses and Zoning Districts all t ! iinn,. . i ', ' North ` �"- 1 Single-family dwelling / R-5S Residential ; - -P , South .> �, Single-family dwelling / R-5S Residential , East Indian Avenue Alillet - Single-family dwellings / R-5S Residential - ,; . , ' 4J West N Marsh / P-1 Preservation A i'-': _per. � s31 Kay F. Stanley Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a commercial kitchen in the attached garage on the property. • The commercial kitchen will be approximately 400 square feet and will include three sinks, a stove, a refrigerator, and a work table for the production of canned pickles. • It is anticipated that no customers will be coming to the site to purchase products, as all products will be sold off site at local farmers' markets and grocery stores. • The applicant and her daughter will be the sole operators of the kitchen. No other employees are proposed for this operation. r„,A-12 1 .wdW Tse 1 \\. Zoning History # Request �/ R-5� 1 CRZ(A-12 to Conditional A-12)Approved 10/20/2015 P-1 R-5S 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 The applicant's request for a Conditional Use Permit to add a commercial kitchen to the attached garage of this dwelling is acceptable. As stated previously, all products are sold off site at farmers' markets and at local grocery stores. No on site sales will occur at the residence. In Staff's opinion, this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. Based on the considerations above, Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. As such, Staff recommends approval of the request subject to the conditions below. Kay F. Stanley Agenda Item 1 Page 2 Recommended Conditions 1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no retail sales of any products or merchandise to the general public from 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. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being 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 This site is located within the Atlantic Ocean watershed. The property is located along Owls Creek; however, the proposal will not impact any of the natural features of the site. There does not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian Avenue No Data Available Existing Land Use 1-10 ADT Proposed Land Use Z- 10 ADT las defined by one single- 2 as defined by one single-family family dwelling dwelling Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Kay F. Stanley Agenda Item 1 Page 3 Site Photos • •s 16 ;4,i . !..,r40.1 ..4. lir FN • Sir. • ' - +1R7tt°'' • .1/ •• .• y, 1 - Cn ,. 7 \ �..,. `,�1, +, �;F, .�: \. �.,' ,10,,,,-:.A-•4lt. C� �. .„ , . , _. _ . ____ Ilak * 414111 ...N1pAir ow v' 4 JF/y ria R:a*`, ,' \. �� 1 .,:ii .4 AMR r iI. _._ AL-- Kay F. Stanley Agenda Item 1 Page 4 Disclosure Statement Ain3 Virginia Beach APPLICANT'S NAME Kay F. Stanley DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program 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 1 License Agreement Wetlands Board 4 - - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1of7 ❑ ,G Lt/Oil$��reiee Marchelle L Coleman Kay F. Stanley Agenda Item 1 Page 5 Disclosure Statement 11/4B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Kay F. Stanley 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 entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 O 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. El 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:_I_6\na_W • If an LLC, list the member's names: Page 2 of 7 Kay F. Stanley Agenda Item 1 Page 6 Disclosure Statement w\B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act. Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code§ 2.2-3101. 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 Kay F. Stanley Agenda Item 1 Page 7 Disclosure Statement \i/3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n l Accounting and/or preparer of l I l�� your tax return n Architect/ Landscape Architect/ LJ f ' Land Planner Contract Purchaser(if other than 1-1 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 111 T purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors '=' Engineers/Surveyors/Agents Financing (include current Bank of America ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 171 gr, Agents/Realtors for current and rAiw 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 Kay F. Stanley Agenda Item 1 Page 8 Disclosure Statement 4d 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. ea-� > � y .4C0,11‘\t": 41� AFpUC NT'S SIGNATURE f PRINT NAME DAZE 4 Page 5 of 7 Kay F. Stanley Agenda Item 1 Page 9 Item #1 Kay F. Stanley Conditional Use Permit(Home Occupation—Commercial Kitchen) 312 Indian Avenue District—Beach March 14, 2018 CONSENT Mr. Thornton: Thank you. The next order of business is that we will address those items that have been placed on the consent agenda, the Vice Chair will handle this portion of the agenda. Mrs. Oliver: Thank you Mr. Chairman,this afternoon we have 17 items on the Consent Agenda. The first matter is agenda item number one and this is an application of Kay F. Stanley for a Conditional Use Permit for a Home Occupation-Commercial Kitchen on property located at 312 Indian Avenue in the Beach District. Is there a representative for this application, would you please come forward? Kay Stanley: Do you just come right up and speak into that microphone? I thought I was loud enough. Kay Stanley: I am Kay Stanley and this is my daughter Dena Sawyer and we have the Prissy Pickle Company and we make pickles,so we are asking to put a commercial kitchen in our house, my husband's house and my house on 312 Indian Avenue. We have read all the conditions and we understand them and we will abide by all, so thank you and we also brought pickles to handout everybody. Mrs. Oliver: Perfect, thank you. I heard they were wonderful. Kay Stanley: Thank you. Carolyn Smith:Thank you. Do I get to keep the bag? Mrs. Oliver: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the chairman has asked Commissioner Weiner to read this into the record please. Mr. Weiner: Thank you Mrs. Oliver. This is a conditional use permit for a home occupation- commercial kitchen. The applicant is requesting a conditional use permit for a home occupation to operate a commercial kitchen in the attached garage of the property. The commercial kitchen would be approximately 400 square feet and would include three sinks, stove, refrigerator, and a work table for the production of canned pickles. It is anticipated that no customers will be coming to the site to purchase products as all products will be sold off site at local farmer's markets and grocery stores. The applicant and her daughter will be the sole operators of the kitchen and no other employees will be in this operation. Staff has recommended approval and we put on the Consent Agenda. 1 CONDITIONS 1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one(1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no retail sales of any products or merchandise to the general public from the site. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 1. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 2 K. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP April 2411 SPECIAL FORMAL SESSION/PUBLIC HEARING—Convention Center April 25t11 FORMAL SESSION/PUBLIC HEARING—City Council Chamber May 1St RECONCILIATION WORKSHOP May 8th FORMAL SESSION/ADOPT BUDGET—City Council Chamber May 15[11 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/03/2018 PAGE: 1 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H L W O O Y LN AOOR S 0 T R E EENSM I 00 i T R YS ES SNND 1. CITY COUNCIL'S BRIEFING A. SHORT TERM RENTAL—Discussion ❑. CITY MANAGER'S BRIEFINGS A. FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) 1. HUMAN SERVICES Dannette Smith, Director 2. HEALTH DEPARTMENT Dr.Heidi Kulberg, Director 3. HOUSING and NEIGHBORHOOD Andrew Friedman, PRESERVATION Director 4. OFFICE OF CULTURAL AFFAIRS Emily Labows, Director 5. AQUARIUM and MUSEUMS Cynthia Whitbred- Spanoulis,Interim Director 6. PARKS and RECREATION Chad Morris, Planning,Design and Development Administrator B. VIRGINIA BEACH COMMUNITY RESCHEDULED DEVELOPMENT CORPORATION— Andrew Friedman, Proposed Changes Director—Housing and Neighborhood Preservation III/IV CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y V/IV/ VII A-E F/G MINUTES APPROVED 9-0 AY YYYVVYAYY March 6,2018 B March 20,2018 S T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/03/2018 PAGE: 2 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H L W O O Y LN AOOR S 0 T R EEENSM I 00 T T R Y S E S SNND H. PUBLIC HEARINGS 1- LEASE OF CITY PROPERTY— NO SPEAKERS FARMER'S MARKET Building 2,Space 12 to The Country Butcher Shop I.1 Ordinances to AMEND City Code ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Sections: CONSENT a. 2-452.1 re Chesapeake Bay Preservation Area Board members filing of Disclosure Statements 1.1 Ordinances to AMEND City Code ADOPTED,BY 8-2 N Y Y Y Y Y N Y A Y Y Sections: CONSENT b. 13-4 and 13-60 re Extension of Time of a Food Service Manager's Certificate and Change the Permit Fee for a Food Service Establishment I.1 Ordinances to AMEND City Code DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y Y Sections: INDEFINITELY,BY c. 23-51 re ADD Defmitions for Limited CONSENT Term Tattoo Artist,Tattoo Parlor and Tattoo Operator; and, the fees charged for such Permits d. 23-53.1 re ADD Definitions for Term Body Piercer, Body Piercing Establishment and Body Piercing Operator;and,the fees charged for such Permits 1.2 Ordinance AUTHORIZING the City ADOPTED,BY 10-0 YVYYY YY Y A Y Y Manager to EXECUTE a Lease for up to CONSENT five (5) years at the Virginia Beach Farmer's Market to The Country Butcher Shop, Building 2, Space Number 12 I.3. Ordinance to AMEND the FY 2017-18 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Operating Budget of the Housing and CONSENT Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs 1.4. Ordinance to ADOPT the 2018 Housing ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Choice Voucher Annual Agency Plan, CONSENT including a revised Administrative Plan; and,AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development(HUD) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/03/2018 PAGE: 3 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O 0 Y L N AOOR S 0 T R EEENSM I 00 T A T R Y S E S SNND 1.5. Ordinance to DESIGNATE certain City ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y Council Appointees to FILE a Disclosure of their Economic Interest 1.6. Resolution to COMMEMORATE the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y 50th Anniversary of the Assassination CONSENT of Dr. Martin Luther King, Jr., and RECOGNIZE the Season of Nonviolence 1.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y encroachments into a portion of City CONSENT property known as Treasure Canal re construct a bulkhead,pier,ramp and boat lift at the rear of 2401 Spindrift Road DISTRICT 5—LYNNHAVEN 1.8. Resolution to AUTHORIZE a Grant of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y $3,800 to TIDE Swimming, Inc., re CONSENT Blue Zone Initiative I.9. Ordinances to APPROPRIATE: ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y a. $721,075 from the Fund Balance of the CONSENT Tourism Advertising Program Special Revenue Fund to the FY 2017-18 Operating Budget of the Convention and Visitors Bureau re Advertising and Marketing Efforts b. $260,000 to provide an interest free loan to Sandbridge Rescue and Fire,Inc., re purchase of a new ambulance c. $350,000 to provide an interest free loan to Virginia Beach Rescue Squad,Inc., re purchase of new ambulances 1.10. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y APPROPRIATE: CONSENT a. $17,048 from the Virginia Department of Criminal Justice Services to the Human Services re Community Corrections and Pretrial Programs c. $41,600 from the Supreme Court of Virginia to FY 2017-18 Operating Budget of the Commonwealth Attorney re drug treatment court CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/03/2018 PAGE: 4 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H LW O O Y LN A 0 OR S 0 T R E EENSM 100 T T R Y S E S SNND 1.10. Ordinances to ACCEPT and ADOPTED,BY 7-2 N Y Y Y Y Y N A A Y Y b. APPROPRIATE: CONSENT B $24,109 in Lieu of Park Reservation S from Sherborne Manor Subdivision re T Park Playground Renovations III A N E D 1.11 Ordinance to TRANSFER$1,058,079 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y from Beach Replenishment [I to CONSENT Chesapeake Beach Restoration re construction and provide for contingencies J.1. ARGOS PROPERTIES II, LLC for a DEFERRED TO 9-1 Y Y Y Y Y Y Y Y A Y N Conditional COZ from AG-1 & AG-2 APRIL 17,2018 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road DISTRICT 7—PRINCESS ANNE K. APPOINTMENTS: RESCHEDULED B YCON S ENS US BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD CHESAPEAKE BAY PRESERVATION Appointed: 9-1 Y Y Y Y Y Y N Y A Y Y AREA BOARD Norbert J.Dreps Unexpired Term thru 12/31/2020 IJM/N ADJOURNMENT 6:36 PM OPEN DIALOGUE 6 SPEAKERS 6:53 PM